105 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
105 340
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
[Graphic Image Not Available]
October 23, 1997.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998
44 180
1997
105 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
105 340
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
[Graphic Image Not Available]
October 23, 1997.--Ordered to be printed AEMD94 AF
C O N T E N T S
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE 465
Summary Statement of Conference Action 465
Summary Table of Authorizations 465
Congressional Defense Committees 472
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS 472
Title I--Procurement 472
Funding Explanations 478
UH 60 blackhawk
478
Kiowa warrior
478
Aircraft survivability equipment modifications
478
Aircraft survivability equipment
478
Training devices
478
Avenger
482
Hellfire
482
Multiple launch rocket system rocket
482
Multiple launch rocket system launcher
482
Brilliant anti-armor submunition
482
Bradley base sustainment
486
Field artillery ammunition support vehicle
486
M109A6 paladin howitzer
486
Improved recovery vehicle
486
MK 19 grenade launcher
507
Semitrailers
518
High mobility multi-purpose wheeled vehicle
518
Family of heavy tactical vehicles
518
Truck, tractor, line haul, M915/M916
518
Defense satellite communications system
519
Satellite terminals
519
NAVSTAR global positioning system
519
Army data distribution system
519
Area common user system modernization program
519
Information system security program
520
Ground based common sensors
520
Shortstop
520
Night vision
520
LOGTECH
521
Maneuver control system
521
Automated data processing equipment
521
Railway car, flat, 100 ton
521
Training devices, nonsystem
521
Close combat tactical trainers
522
AV 8B Harrier remanufacture
526
T 45TS Goshawk
526
EA 6 Series
526
P 3C anti-surface warfare improvement program
527
Power plant changes
527
Common Avionics Changes
527
Tactical Tomahawk
531
Joint Standoff Weapon
531
Penguin missile program
532
Hellfire II missiles
532
Close-in weapon system surface mode upgrade
532
Pioneer logistic support
532
LPD 18
492
Oceanographic survey ship
492
AN/WSN 7 inertial navigation system
501
Self-contained breathing apparatus
501
Pollution control equipment
501
AN/BPS 16 submarine navigation radar
501
Cooperative engagement capability
501
Information Technology-21
502
Sonobuoy procurement
502
Mobile remote emitter simulator
502
NATO sea sparrow missile system low light level television
503
AEGIS support equipment
503
Light tactical wheeled vehicle replacement
507
Chemical/biological incident response force equipment
507
15E
537
C 130J
537
Predator Unmanned Aerial Vehicle
537
15 Modifications
537
16 modifications
538
Passenger safety and global air traffic management
538
Defense Airborne Reconnaissance Program
538
Theater airborne warning system
539
AGM 130 Powered GBU 15
545
AGM 65 Maverick
545
Theater deployable communications
550
Automated document conversion system
555
Advanced SEAL delivery system
555
Night firing scopes
555
Overview
555
Legislative Provisions Adopted
559
Subtitle A--Authorization of Appropriations
559
Chemical agents and munitions destruction program (sec. 107)
559
Conduct of the chemical agents and munitions destruction program
559
Chemical stockpile emergency preparedness program (CSEPP)
560
Subtitle B--Army Programs
561
Army helicopter modernization plan (sec. 111)
561
Multiyear procurement authority for specified Army programs (sec. 112)
562
M113 vehicle modifications (sec. 113)
562
Subtitle C--Navy Programs
562
New Attack Submarine program (sec. 121)
562
CVN 77 nuclear aircraft carrier program (sec. 122)
563
Exclusion from cost limitation for Seawolf submarine program (sec. 123)
564
Subtitle D--Air Force Programs
565
Authorization for B 2 bomber program (sec. 131)
565
ALR radar warning receivers (sec. 132)
565
Analysis of requirements for replacement of engines on military
aircraft derived from Boeing 707 aircraft (sec. 133)
565
Subtitle E--Other Matters
565
Pilot program on sales of manufactured articles and services of
certain army industrial facilities without regard to availability from
domestic sources (sec. 141)
565
NATO Joint Surveillance/Target Attack Radar System (sec. 142)
566
Legislative Provisions Not Adopted
566
Limitation on obligation of funds for the Seawolf submarine program
566
Reduction in authorization of appropriations
566
Airborne self protection jammer
566
Prohibition on use of funds for acquisition or alteration of private
drydocks
567
Title II--Research, Development, Test, And Evaluation
567
Funding Explanations
580
University and industry research centers
580
Combat vehicle and automotive advanced technology
580
Plastic cased ammunition
580
Electronics and electronic devices
581
Bioremediation, education, science, and technology program
581
Plasma energy pyrolysis system
581
Radford Environmental Development and Management Program
582
Military engineering technology
582
Medical Advanced Technology
582
Combat vehicle and automotive advanced technology
582
Information systems technology, superiority, and security
583
Missile and rocket advanced technology
584
Landmine warfare and barrier advanced technology
584
Joint service small arms program
584
Armament enhancement initiative
584
Aviation advanced development
585
All source analysis system
585
Light tactical wheeled vehicles
585
Engineer mobility equipment development program
585
Automatic test equipment
585
Tactical Exploitation of National Capabilities
585
Combined arms tactical trainer
586
Landmine warfare/barrier-engineering development
586
Sense and destroy armament missile-engineering development
586
Fuel cells
587
Combat vehicle improvement program
588
Aircraft modification/product improvement program
588
Digitization
588
Missile/air defense product improvement program
589
Healthcare information protection demonstration
589
End item industrial preparedness activities
589
Defense research sciences
603
Marine mammal research program
603
Power electronic building blocks
603
Power node control centers
603
Second source for carbon fibers
604
Titanium processing technology
604
Arctic climate observations
604
National Oceanographic Partnership Program
604
Antisubmarine warfare technology
605
Composite helicopter hangar
605
Project ``M''
605
Marine Corps advanced technology demonstration
606
Freeze-dried blood research project
606
Littoral antisubmarine warfare technology demonstration
606
Beach and surf zone obstacle clearance
607
High frequency surface wave radar
607
Visualization architecture and technology
607
Antisubmarine warfare systems development
607
CV(X) carrier system development
608
Advanced submarine systems development
608
Cruiser conversion program design
609
Intercooled recuperated gas turbine engine
609
Automatic target recognition/optical correlation
609
Marine Corps assault vehicles
610
Marine Corps ground combat/support systems
610
Cooperative engagement capability
610
Composite engineered materials
611
Land attack systems technology
611
Nonlethal weapons and technologies of mass protection program
612
CH 60 helicopter development
613
Parametric airborne dipping sonar
613
P 3 maritime patrol aircraft modernization program
613
H 1 upgrades
613
Advanced ranging source
614
High Power Discriminator
614
Maritime fire support demonstrator/arsenal ship
614
Multi-purpose processor
616
Advanced submarine tactical electronic combat system
616
CVN 77 research and development
617
Ship self-defense system
617
Safety and survivability enhancements
618
2 eight-blade composite propeller system
618
Battle force tactical trainer
618
Joint tactical combat training system
619
Marine Corps communications systems
619
Marine Corps ground combat/supporting arms systems
620
Manufacturing technology programs
620
Integrated High Payoff Rocket Propulsion Technology
631
Military Spaceplane
631
Solar thermionics orbital transfer vehicle
631
Joint air-to-surface standoff missile/standoff land attack
missile-expanded response
632
Major test and evaluation investment
633
Smart monitoring system
633
Rocket Systems Launch Program
633
Cruise missile defense
633
University research initiatives
646
Next generation internet
646
Chemical and biological defense program
646
Tactical technology
649
Integrated command and control
649
Materials and electronics technology
649
Explosives demilitarization technology
650
Counterterror technical support program
651
Domestic emergency response to threats of terrorist use of weapons of
mass destruction
652
Counterproliferation support program
654
Ballistic Missile Defense Organization funding
655
Strategic environmental research and development program
660
Advanced electronics technologies
660
Electronic commerce resource centers
661
Land warfare technologies
661
Defense Reconnaissance Support Activities
662
Special operations tactical systems development
663
Special operations intelligence systems development
663
Items of Special Interest
663
Army research institute
663
Aviation advanced technology
664
BOL expendable dispenser system
664
Department of Defense science and technology program
664
High temperature superconductor power applications
664
Improving collaboration between the Department of Defense and the
Department of Energy laboratories
665
Interferometric synthetic aperture radar
665
Naval biodynamics laboratory data bank
665
Strategic systems industrial capabilities
666
Telemedicine
666
Legislative Provisions Adopted
667
Subtitle A--Authorization of Appropriations
667
Dual-use technology program (sec. 203)
667
Subtitle B--Program Requirements, Restrictions, and Limitations
667
Manufacturing technology program (sec. 211)
667
Report on operational field assessments program (sec. 212)
668
Joint Strike Fighter Program (sec. 213)
669
Kinetic energy tactical anti-satellite technology program (sec. 214)
669
Micro-satellite technology development program (sec. 215)
670
High altitude endurance unmanned vehicle program (sec. 216)
670
22 aircraft program (sec. 217)
670
Subtitle C--Ballistic Missile Defense Programs
671
National Missile Defense Program (sec. 231)
671
Budgetary treatment of amounts for procurement for ballistic missile
defense programs (sec. 232)
671
Cooperative Ballistic Missile Defense program (sec. 233)
671
Annual report on the threat posed to the United States by weapons of
mass destruction, ballistic missiles, and cruise missiles (sec. 234)
671
Director of Ballistic Missile Defense Organization (sec. 235)
672
Repeal of required deployment dates for core theater missile defense
programs (sec. 236)
672
Subtitle D--Other Matters
672
Restructuring of National Oceanographic Partnership Program
Organization (sec. 241)
672
Maintenance and repair of real property at Air Force installations
(sec. 242)
672
Expansion of eligibility for the defense experimental program to
stimulate competitive research (sec. 243)
674
Bioassay testing of veterans exposed to ionizing radiation during
military service (sec. 244)
674
Sense of Congress regarding Comanche program (sec. 245)
674
Legislative Provisions Not Adopted
675
Strategic environmental research and development program
675
Tactical unmanned aerial vehicles
675
Land Attack Standard Missile
675
Tactical High Energy Laser program
676
Advanced anti-radiation guided missile program
676
Federally funded research and development centers
676
Department of Defense/Veterans Administration cooperative research
program
676
Multitechnology integration in mixed-mode electronics
677
Facial recognition technology program
677
Explosives demilitarization technology
677
Title III--Operation and Maintenance
678
Items of Special Interest
702
Arms control implementation
702
National Defense Sealift Fund (NDSF)
702
National imagery and mapping agency
703
Legislative Provisions Adopted
704
Subtitle A--Authorization of Appropriations
704
Fisher House trust funds (sec. 304)
704
Refurbishment of M1A1 Tanks (sec. 306)
705
Operation of prepositioned fleet, National Training Center, Fort
Irwin, California (sec. 307)
705
Refurbishment and installation of air search radar (sec. 308)
705
Contracted training flight services (sec. 309)
705
Procurement technical assistance programs (sec. 310)
705
Operation of Fort Chaffee, Arkansas (sec. 311)
706
Subtitle B--Military Readiness Issues
706
Monthly reports on allocation of funds within operation and
maintenance budget subactivities (sec. 321)
706
Expansion of scope of quarterly readiness report (sec. 322)
706
Semiannual reports on transfers from high-priority readiness
appropriations (sec. 323)
706
Annual report on aircraft inventory (sec. 324)
706
Administrative actions adversely affecting military training or other
readiness activities (sec. 325)
707
Common measurement of operations and personnel tempo (sec. 326)
707
Inclusion of Air Force depot maintenance as operation and maintenance
budget activity group (sec. 327)
707
Prohibition of implementation of tiered readiness system (sec. 328)
707
Report on military readiness requirements of the Armed Forces (sec.
329)
708
Assessment of cyclical readiness posture of the Armed Forces (sec. 330)
708
Report on military exercises conducted under certain training
exercise programs (sec. 331)
709
Report on overseas deployment (sec. 332)
709
Subtitle C--Environmental Provisions
709
Revision of membership terms for Strategic Environmental Research and
Development Program Scientific Advisory Board (sec. 341)
709
Amendment to authority to enter into agreements with other agencies
in support of environmental technology certification (sec. 342)
710
Modifications of authority to store and dispose of non-defense toxic
and hazardous materials (sec. 343)
710
Annual report on payments and activities in response to fines and
penalties assessed under environmental laws (sec. 344)
710
Annual report on environmental activities of the Department of
Defense overseas (sec. 345)
711
Review of existing environmental consequences of the presence of the
United States Armed Forces in Bermuda (sec. 346)
711
Sense of Congress on deployment of United States Armed Forces abroad
for environmental preservation activities (sec. 347)
711
Recovery and sharing of costs of environmental restoration at
Department of Defense sites (sec. 348)
711
Partnerships for investment in innovative environmental technologies
(sec. 349)
712
Procurement of recycled copier paper (sec. 350)
713
Pilot program for the sale of air pollution emission reduction
incentives (sec. 351)
713
Subtitle D--Depot-Level Activities
713
Definition of Depot-Level Maintenance and Repair (sec. 355)
714
Core Logistics Capabilities of Department of Defense (sec. 356)
714
Increase in Percentage of Depot-Level Maintenance and Repair that may
be Contracted for Performance by Non-Government Personnel (sec. 357)
715
Annual Report on Depot-Level Maintenance and Repair (sec. 358)
715
Requirement for use of Competitive Procedures in Contracting for
Performance of Depot-Level Maintenance and Repair Workloads Formerly
Performed at Closed or Realigned Military Installations (sec. 359)
715
Clarification of Prohibition on Management of Depot Employees by
Constraints on Personnel Levels (sec. 360)
718
Centers of Industrial and Technical Excellence (sec. 361)
718
Extension of Authority for Aviation Depots and Naval Shipyards to
Engage in Defense Related Production and Services (sec. 362)
719
Repeal of Conditional Repeal of Certain Depot-Level Maintenance and
Repair laws and a Related Reporting Requirement (sec. 363)
719
Personnel Reductions, Army Depots Participating in Army Workload and
Performance System (sec. 364)
719
Report on Allocation of Core Logistics Activities Among Department of
Defense Facilities and Private Sector Facilities (sec. 365)
720
Review of Use of Temporary Duty Assignments for Ship Repair and
Maintenance (sec. 366)
720
Sense of Congress Regarding Realignment of Performance of Ground
Communication-Electronic Workload (sec. 367)
720
Subtitle E--Commissaries and Nonappropriated Fund
720
Merchandise and pricing requirements for commissary stores (sec. 372)
720
Limitation on noncompetitive procurement of brand-name commercial
items for resale in commissary stores (sec. 373)
721
Treatment of revenues derived from commissary store activities (sec.
374)
721
Maintenance, repair, and renovation of Armed Forces Recreation
Center, Europe (sec. 375)
721
Plan for use of public and private partnerships to benefit morale,
welfare and recreation activities (sec. 376)
721
Instrumentalities
722
Subtitle F--Other Matters
722
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian employees
(sec. 381)
722
Center for Excellence in Disaster Management and Humanitarian
Assistance (sec. 382)
722
Applicability of Federal printing requirements to Defense Automated
Printing Service (sec. 383)
722
Study and notification requirements for conversion of commercial and
industrial type functions to contractor performance (sec. 384)
722
Collection and retention of cost information data on contracted out
services and functions (sec. 385)
723
Financial assistance to support additional duties assigned to Army
National Guard (sec. 386)
723
Competitive procurement of printing and duplication services (sec. 387)
723
Continuation and expansion of demonstration program to identify
overpayments made to vendors (sec. 388)
723
Standard forms regarding performance work statement and request for
proposal for conversion of services and functions at military
installations (sec. 389)
724
Base operations support for military installations on Guam (sec. 390)
724
Warranty claims recovery pilot program (sec. 391)
724
Program to investigate fraud, waste, and abuse within Department of
Defense (sec. 392)
724
Multitechnology automated reader card demonstration program (sec. 393)
725
Plan for reduction in overhead costs of inventory control points
(sec. 394)
725
Schedule for implementation of best inventory management practices at
Defense Logistic Agency (sec. 395)
725
Legislative Provisions Not Adopted
726
Quarterly reports on execution of operation and maintenance
appropriations
726
Exclusion of Certain Large Maintenance and Repair Projects from
Percentage Limitation on Contracting for Depot-Level Maintenance
726
Revision of report requirement of Navy program to monitor ecological
effects of organotin
726
Pilot program to test an alternative technology for eliminating solid
and liquid waste emissions during ship operations
727
Transfer of jurisdiction over exchange, commissary, and morale,
welfare and recreation activities to Under sec.retary of Defense
Comptroller
727
Authorized use of appropriated funds for relocation of Navy Exchange
Service Command
727
Prohibition on use of Special Operations Command budget for base
operation support
728
Availability of funds for separation pay for defense acquisition
personnel
728
Competitive procurement of finance and accounting services
728
Competitive procurement of services to dispose of surplus defense
property
728
Competitive procurement of functions performed by Defense Information
Systems Agency
729
Competitive procurement of commercial and industrial type functions
by defense agencies
729
Consolidation of procurement technical assistance centers and
electronic commerce resource centers
729
Risk assessments under the defense environmental restoration program
729
Tagging system for identification of hydrocarbon fuels used by the
Department of Defense
729
Report on options for the disposal of chemical weapons and agents
730
Integration of military exchange services
730
Title IV--Military Personnel Authorizations
730
Legislative Provisions Adopted
730
Subtitle A--Active Forces
730
End strengths for active forces (sec. 401)
730
Permanent end strength levels to support two major regional
contingencies (sec. 402)
731
Subtitle B--Reserve Forces
732
End strengths for Selected Reserve (sec. 411)
732
End strengths for Reserves on active duty in support of the Reserves
(sec. 412)
733
End strengths for military technicians (dual status) (sec. 413)
734
Subtitle C--Authorization of Appropriations
735
Authorization of appropriations for military personnel (sec. 421)
735
Legislative Provisions Not Adopted
735
Increase in number of members in certain grades authorized to serve
on active duty in support of the reserves
735
Title V--Military Personnel Policy
736
Items of Special Interest
736
Personal Finance Training
736
Sequester of Department of Defense funds as a result of a prohibition
against military recruiting on campuses of Connecticut State colleges
and universities
736
Legislative Provisions Adopted
736
Subtitle A--Officer Personnel Policy
736
Limitation on number of general and flag officers who may serve in
positions outside their own service (sec. 501)
736
Exclusion of certain retired officers from limitation on period of
recall to active duty (sec. 502)
737
Clarification of officers eligible for consideration by promotion
boards (sec. 503)
737
Authority to defer mandatory retirement for age of officers serving
as chaplains (sec. 504)
737
Increase in number of officers allowed to be frocked to grades of
colonel and Navy captain (sec. 505)
738
Increased years of commissioned service for mandatory retirement of
regular generals and admirals in grades above major general and rear
admiral (sec. 506)
738
Uniform policy for requirement of exemplary conduct by commanding
officers and others in authority (sec. 507)
738
Report on the command selection process for District Engineers of the
Army Corps of Engineers (sec. 508)
738
Subtitle B--Reserve Component Matters
739
Individual Ready Reserve activation authority (sec. 511)
739
Termination of Mobilization Income Insurance Program (sec. 512)
739
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. 513)
739
Authority to permit non-unit assigned officers to be considered by
vacancy promotion board to general officer grades (sec. 514)
739
Prohibition on use of Air Force Reserve AGR personnel for Air Force
base security functions (sec. 515)
739
Involuntary separation of reserve officers in an inactive status
(sec. 516)
740
Federal status of service by National Guard members as honor guards
at funerals of veterans (sec. 517)
740
Subtitle C--Military Technicians
740
Authority to retain on the reserve active-status list until age 60
military technicians in the grade of brigadier general (sec. 521)
740
Military technicians (dual status) (sec. 522)
741
Non-dual status military technicians (sec. 523)
741
Report on feasibility and desirability of conversion of AGR personnel
to military technicians (dual status) (sec. 524)
741
Subtitle D--Measures To Improve Recruit Quality and Reduce Recruit
Attrition
742
Reform of military recruiting systems (sec. 531)
742
Improvements in medical prescreening of applicants for military
service (sec. 532)
742
Improvements in physical fitness of recruits (sec. 533)
742
Subtitle E--Military Education and Training
743
Part I--Officer Education Programs
743
Requirement for candidates for admission to United States Naval
Academy to take oath of allegiance (sec. 541)
743
Service academy foreign exchange program (sec. 542)
743
Reimbursement of expenses incurred for instruction at service
academies of persons from foreign countries (sec. 543)
743
Continuation of support to senior military colleges (sec. 544)
743
Report on making United States nationals eligible for participation
in Senior Reserve Officers' Training Corps (sec. 545)
744
Coordination of establishment and maintenance of Junior Reserve
Officers' Training Corps units to maximize enrollment and enhance
efficiency (sec. 546)
744
Part II--Other Education Matters
744
United States Naval Postgraduate School (sec. 551)
744
Community College of the Air Force (sec. 552)
745
Preservation of entitlement to educational assistance of members of
the Selected Reserve serving on active duty in support of a contingency
operation (sec. 553)
745
Part III--Training of Army Drill Sergeants
745
Reform of Army drill sergeant selection and training process (sec. 556)
745
Training in human relations matters for Army drill sergeant trainees
(sec. 557)
745
Subtitle F--Commission on Military Training and Gender-Related Issues
746
Subtitle G--Military Decorations and Awards
746
Purple Heart to be awarded only to members of the Armed Forces (sec.
571)
746
Eligibility for Armed Forces Expeditionary Medal for participation in
Operation Joint Endeavor or Operation Joint Guard (sec. 572)
746
Clarification of eligibility of members of Ready Reserve for award of
service medal for heroism (sec. 574)
747
One-year extension of period for receipt of recommendations for
decorations and awards for certain military intelligence personnel (sec.
575)
747
Eligibility of certain World War II military organizations for award
of unit decorations (sec. 576)
747
Retroactivity of Medal of Honor special pension (sec. 577)
747
Subtitle H--Military Justice Matters
747
Subtitle I--Other Matters
748
Sexual harassment investigations and reports (sec. 591)
748
Sense of the Senate regarding study of matters relating to gender
equity in the Armed Forces (sec. 592)
748
Authority for personnel to participate in management of certain
non-Federal entities (sec. 593)
748
Treatment of participation of members in Department of Defense civil
military programs (sec. 594)
748
Comptroller General study of Department of Defense civil military
programs (sec. 595)
749
Establishment of public affairs specialty in the Army (sec. 596)
749
Grade of defense attache AE1 in France (sec. 597)
749
Report on crew requirements of WC-130J aircraft (sec. 598)
749
Improvement of missing persons authorities applicable to Department
of Defense (sec. 599)
749
Legislative Provisions Not Adopted
751
Time-in-grade requirements for reserve commissioned officers retired
during the drawdown period
751
Grade requirement for officers eligible to serve on involuntary
separation boards
751
Study of new decorations for injury or death in line of duty
751
Suspension of Temporary Early Retirement Authority
751
Treatment of educational accomplishments of National Guard ChalleNGe
program participants
751
Repeal of certain staffing and safety requirements for the Army
Ranger Training Brigade
751
Title VI--Compensation and Other Personnel Benefits
752
Legislative Provisions Adopted
752
Subtitle A--Pay and Allowances
752
Increase in basic pay for fiscal year 1998 (sec. 601)
752
Reform of basic allowance for subsistence (sec. 602)
752
Consolidation of basic allowance for quarters, variable housing
allowance, and overseas housing allowances (sec. 603)
752
Revision of authority to adjust compensation necessitated by reform
of subsistence and housing allowances (sec. 604)
753
Protection of total compensation of members while performing certain
duty (sec. 605)
753
Subtitle B--Bonuses and Special and Incentive Pays
753
One-year extension of certain bonuses and special pay authorities for
reserve forces (sec. 611)
753
One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists
(sec. 612)
754
One-year extension of authorities relating to payment of other
bonuses and special pays (sec. 613)
754
Increase in minimum monthly rate of hazardous duty incentive pay for
certain members (sec. 614)
755
Increase in aviation career incentive pay (sec. 615)
755
Modification of aviation officer retention bonus (sec. 616)
755
Availability of multiyear retention bonus for dental officers (sec. 617)
755
Increase in variable and additional special pays for certain dental
officers (sec. 618)
755
Availability of special pay for duty at designated hardship duty
locations (sec. 619)
756
Definition of sea duty for purposes of career sea pay (sec. 620)
756
Modification of Selected Reserve reenlistment bonus (sec. 621)
756
Modification of Selected Reserve enlistment bonus for former enlisted
members (sec. 622)
756
Expansion of reserve affiliation bonus to include Coast Guard Reserve
(sec. 623)
757
Increase in special pay and bonuses for nuclear-qualified officers
(sec. 624)
757
Provision of bonuses in lieu of special pay for enlisted members
extending tours of duty at designated locations overseas (sec. 625)
757
Increase in amount of family separation allowance (sec. 626)
757
Deadline for payment of Ready Reserve muster duty allowance (sec. 627)
757
Subtitle C--Travel and Transportation Allowances
758
Travel and transportation allowances for dependents before approval
of member's court-martial sentence (sec. 631)
758
Dislocation allowance (sec. 632)
758
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
758
One-year opportunity to discontinue participation in Survivor Benefit
Plan (sec. 641)
758
Time in which change in survivor benefit coverage from former spouse
to spouse may be made (sec. 642)
758
Review of Federal former spouse protection laws (sec. 643)
759
Annuities for certain military surviving spouses (sec. 644)
759
Administration of benefits for so-called minimum income widows (sec.
645)
759
Subtitle E--Other Matters
759
Loan repayment program for commissioned officers in certain health
professions (sec. 651)
759
Conformance of NOAA commissioned officers separation pay to
separation pay for members of other uniformed services (sec. 652)
760
Eligibility of Public Health Service officers and NOAA commissioned
corps officers for reimbursement of adoption expenses (sec. 653)
760
Payment of back quarters and subsistence allowances to World War II
veterans who served as guerrilla fighters in the Philippines (sec. 654)
760
Subsistence of members of the Armed Forces above the poverty level
(sec. 655)
760
Legislative Provisions Not Adopted
761
Space available travel for members of Selected Reserve
761
Implementation of Department of Defense Supplemental Food Program for
military personnel outside the United States
761
Paid-up coverage under Survivor Benefit Plan
761
Title VII--Health Care Provisions
761
Legislative Provisions Adopted
761
Subtitle A--Health Care Services
761
Expansion of retiree dental insurance plan to include surviving
spouse and child dependents of certain deceased members (sec. 701)
761
Provision of prosthetic devices to covered beneficiaries (sec. 702)
761
Study concerning the provision of comparative information (sec. 703)
762
Subtitle B--TRICARE Program
762
Addition of definition of TRICARE program to title 10 (sec. 711)
762
Plan for expansion of managed care option of TRICARE program (sec. 712)
762
Subtitle C--Uniformed Services Treatment Facilities
762
Implementation of designated provider agreements for Uniformed
Services Treatment Facilities (sec. 721)
762
Continued acquisition of reduced-cost drugs (sec. 722)
763
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
763
Improvements in health care coverage and access for members assigned
to certain duty locations far from sources of care (sec. 731)
763
Dental insurance plan coverage for retirees of the Public Health
Service and NOAA (sec. 734)
764
Consistency between CHAMPUS and Medicare in payment rates for
services (sec. 735)
764
Use of personal services contracts for provision of health care
services and legal protection for providers (sec. 736)
765
Standard form and requirements regarding claims for payment for
services (sec. 738)
765
Chiropractic health care demonstration program (sec. 739)
766
Subtitle E--Other Matters
766
Continued admission of civilians as students in physician assistant
training program of Army Medical Department (sec. 741)
766
Payment for emergency health care overseas for military and civilian
personnel of the On-Site Inspection Agency (sec. 742)
766
Authority for agreement for use of medical resource facility,
Alamogordo, New Mexico (sec. 743)
766
Disclosures of cautionary information on prescription medications
(sec. 744)
767
Competitive procurement of certain ophthalmic services (sec. 745)
767
Comptroller General study of adequacy and effect of maximum allowable
charges for physicians under CHAMPUS (sec. 746)
767
Comptroller General study of Department of Defense pharmacy programs
(sec. 747)
767
Comptroller General study of Navy graduate medical education program
(sec. 748)
767
Study of expansion of pharmaceuticals by mail program to include
additional Medicare-eligible covered beneficiaries (sec. 749)
768
Comptroller General study of requirement for military medical
facilities in the National Capital Region (sec. 750)
768
Report on policies and programs to promote healthy lifestyles for
members of the Armed Forces and their dependents (sec. 751)
768
Sense of Congress regarding quality health care for retirees (sec. 752)
768
Subtitle F--Persian Gulf Illness
768
Plan for health care services for Persian Gulf veterans (sec. 762)
768
Comptroller General study of revised disability criteria for physical
evaluation boards (sec. 763)
769
Medical care for certain reserves who served in Southwest Asia during
the Persian Gulf War (sec. 764)
769
Improved medical tracking system for members deployed overseas in
contingency or combat operations (sec. 765)
769
Notice of use of investigational new drugs or drugs unapproved for
their applied use (sec. 766)
769
Sense of Congress regarding the deployment of specialized units for
detecting and monitoring chemical, biological, and similar hazards in a
theater of operations (sec. 768)
770
Sense of Congress concerning Gulf War illness (sec. 771)
770
Legislative Provisions Not Adopted
770
Medical personnel conscience clause
770
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
771
Items of Special Interest
771
Cost accounting standards board
771
Legislative Provisions Adopted
771
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
771
Expansion of authority to enter into contracts crossing fiscal years
to all severable service contracts not exceeding a year (sec. 801)
771
Vesting of title in the United States under contracts paid under
progress payment arrangements or similar arrangements (sec. 802)
772
Restriction on undefinitized contract actions (sec. 803)
772
Limitation and report on payment of restructuring costs under defense
contracts (sec. 804)
772
Multiyear procurement contracts (sec. 806)
772
Audit of procurement of military clothing and clothing-related items
by military installations in the United States (sec. 807)
773
Limitation on allowability of compensation for certain contractor
personnel (sec. 808)
773
Elimination of certification requirement for grants (sec. 809)
773
Repeal of limitation on adjustment of shipbuilding contracts (sec. 810)
774
Item-by-item and country-by-country waivers of domestic source
limitations (sec. 811)
774
Subtitle B--Acquisition Assistance Programs
774
One-year extension of pilot mentor-prote AE1ge AE1 program (sec. 821)
774
Test program for negotiation of comprehensive subcontracting plans
(sec. 822)
774
Subtitle C--Administrative Provisions
775
Retention of expired funds during the pendency of contract litigation
(sec. 831)
775
Protection of certain information from disclosure (sec. 832)
775
Unit cost reports (sec. 833)
775
Plan for providing contracting information to general public and
small business (sec. 834)
775
Two-year extension of crediting of certain purchases toward meeting
subcontracting goals (sec. 835)
776
Subtitle D--Other Matters
776
Repeal of certain acquisition requirements and reports (sec. 841)
776
Use of major range and test facility installations by commercial
entities (sec. 842)
776
Requirement to develop and maintain list of firms not eligible for
defense contracts (sec. 843)
776
Sense of Congress regarding allowability of costs of employee stock
ownership plans (sec. 844)
777
Expansion of personnel eligible to participate in demonstration
project relating to acquisition workforce (sec. 845)
777
Time for submission of annual report relating to Buy American Act
(sec. 846)
777
Repeal of requirement for contractor guarantees on major weapon
systems (sec. 847)
778
Requirements relating to micro-purchases (sec. 848)
778
Promotion rate for officers in an acquisition corps (sec. 849)
778
Use of electronic commerce in federal procurement (sec. 850)
779
Conformance of policy on performance based management of civilian
acquisition programs with policy established for defense acquisition
programs (sec. 851)
779
Modification of process requirements for the solutions-based
contracting pilot program (sec. 852)
779
Guidance and standards for defense acquisition workforce training
requirements (sec. 853)
779
Study and report to Congress assessing dependence on foreign sources
for resistors and capacitors (sec. 854)
780
Department of Defense and Federal Prison Industries joint study (sec.
855)
780
Legislative Provisions Not Adopted
780
Domestic source limitation amendments
780
Repeal of expiration of domestic source limitation for certain naval
vessel propellers
780
Availability of simplified procedures to commercial item procurements
781
Price preference for small and disadvantaged businesses
781
Title IX--Department of Defense Organization and Management
781
Legislative Provisions Adopted
781
Subtitle A--Department of Defense Positions and Organizations and
Other General Matters
781
Senior Representatives of the National Guard Bureau (sec. 901)
781
Use of CINC Initiative Fund for force protection (sec. 902)
783
Revision to required frequency for provision of policy guidance for
contingency plans (sec. 903)
783
Annual justification for Department of Defense advisory committees
(sec. 904)
783
Defense Airborne Reconnaissance Office (sec. 905)
783
Termination of Armed Services Patent Advisory Board (sec. 906)
785
Coordination of Department of Defense criminal investigations and
audits (sec. 907)
785
Subtitle B--Department of Defense Personnel Management
786
Reduction in personnel assigned to management headquarters and
headquarters support activities (sec. 911)
786
Additional reduction in defense acquisition workforce (sec. 912)
786
Subtitle C--Department of Defense Schools and Centers
787
Professional military education schools (sec. 921)
787
Center for Hemispheric Defense Studies (sec. 922)
787
Correction to reference to George C. Marshall European Center for
Security Studies (sec. 923)
787
Subtitle D--Department of Defense Intelligence-Related Matters
787
Transfer of certain military department programs from TIARA budget
aggregation (sec. 931)
787
Report on coordination of access of commanders and deployed units to
intelligence collected and analyzed by the intelligence community (sec.
932)
788
Protection of imagery, imagery intelligence, and geospatial
information and data (sec. 933)
788
POW/MIA intelligence analysis (sec. 934)
788
Legislative Provisions Not Adopted
788
Limitation on operation and support funds for the office of the
Secretary of Defense
788
Center for the Study of Chinese Military Affairs
789
White House Communications Agency
789
Personnel reductions in the United States Transportation Command
789
Commission on Defense Organization and Streamlining
790
Principal duty of Assistant Secretary of Defense for Special
perations and Low Intensity Conflict
790
Title X--General Provisions
790
Items of Special Interest
790
Global Positioning System alternate master control station
790
Legislative Provisions Adopted
791
Subtitle A--Financial Matters
791
Transfer authority (sec. 1001)
791
Incorporation of classified annex (sec. 1002)
791
Authority for obligation of unauthorized fiscal year 1997 defense
appropriations (sec. 1003)
791
Authorization of prior emergency supplemental appropriations for
fiscal year 1997 (sec. 1004)
792
Increase in fiscal year 1996 transfer authority (sec. 1005)
792
Revision of authority for Fisher House trust funds (sec. 1006)
792
Flexibility in financing closure of certain outstanding contracts for
which a small final payment is due (sec. 1007)
792
Biennial financial management improvement plan (sec. 1008)
792
Estimates and requests for procurement and military construction for
the reserve components (sec. 1009)
792
Sense of Congress regarding funding for reserve component
modernization not requested in the President's budget (sec. 1010)
793
Management of working-capital funds (sec. 1011
793
Authority of Secretary of Defense to settle claims relating to pay,
allowances, and other benefits (sec. 1012)
794
Payment of claims by members for loss of personnel property due to
flooding in Red River Basin (sec. 1013)
794
Advances for payment of public services (sec. 1014)
794
United States Man and the Biosphere Program limitation (sec. 1015)
794
Subtitle B--Naval Vessels and Shipyards
795
Procedures for sale of vessels stricken from the Naval Vessel
Register (sec. 1021)
795
Authority to enter into a long-term charter for a vessel in support
of the Surveillance Towed-Array Sensor (SURTASS) program (sec. 1022)
795
Transfer of two specified obsolete tugboats of the Army (sec. 1023)
795
Congressional review period with respect to transfer of the ex-U.S.S
Midway (CV 41) and ex.-U.S.S. Hornet (CV 12) (sec. 1024)
795
Transfers of naval vessels to certain foreign countries (sec. 1025)
795
Reports relating to export of vessels that may contain
polychlorinated biphenyls (sec. 1026)
796
Conversion of defense capability preservation authority to Navy
shipbuilding capability preservation authority (sec. 1027)
797
Subtitle C--Counter-Drug Activities
797
Use of National Guard for State drug interdiction and counterdrug
activities (sec. 1031)
799
Authority to provide additional support for counter-drug activities
of the government of Mexico (sec. 1032)
799
Authority to provide additional support for counter-drug activities
of Peru and Colombia (sec. 1033)
799
Annual report on development and deployment of narcotics detection
technology (sec. 1034)
800
Subtitle D--Miscellaneous Report Requirements and Repeals
800
Repeal of miscellaneous reporting requirements (sec. 1041)
800
Study of transfer of Modular Airborne Fire Fighting System (sec. 1042)
800
Overseas infrastructure requirements (sec. 1043)
800
Additional matters for annual report on activities of the General
Accounting Office (sec. 1044)
801
Eye safety at small arms firing ranges (sec. 1045)
801
Reports on Department of Defense procedures for investigating
military aviation accidents and for notifying and assisting families of
victims (sec. 1046)
801
Subtitle E--Matters Relating to Terrorism
802
Oversight of counterterrorism and antiterrorism programs and
activities of the United States (sec. 1051)
802
Report on policies and practices relating to the protection of
members of the armed forces abroad from terrorist attack (sec. 1052)
802
Subtitle F--Matters Relating to Defense Property
803
Lease of nonexcess personal property of the military departments
(sec. 1061)
803
Lease of nonexcess property of defense agencies (sec. 1062)
803
Donation of excess chapel property to churches damaged or destroyed
by arson or other acts of terrorism (sec. 1063)
803
Authority of the Secretary of Defense concerning disposal of assets
under cooperative agreements on air defense in Central Europe (sec.
1064)
803
Sale of excess, obsolete, or unserviceable ammunition and ammunition
components (sec. 1065)
804
Transfer of B 17 aircraft to museum (sec. 1066)
805
Report on disposal of excess and surplus materials (sec. 1067)
805
Subtitle G--Other Matters
805
Authority for special agents of the Defense Criminal Investigative
Service to execute warrants and make arrests (sec. 1071)
805
Study of investigative practices of military criminal investigative
organizations relating to sex crimes (sec. 1072)
806
Technical and clerical amendments (sec. 1073)
806
Sustainment and operation of the Global Positioning System (sec. 1074)
806
Protection of safety-related information voluntarily provided by air
carriers (sec. 1075)
806
National Guard ChalleNGe Program to create opportunities for civilian
youth (sec. 1076)
806
Disqualification from certain burial-related benefits for persons
convicted of capital crimes (sec. 1077)
807
Restrictions on the use of human subjects for testing of chemical or
biological agents (sec. 1078)
807
Treatment of military flight operations (sec. 1079)
808
Naturalization of certain foreign nationals who serve honorably in
the Armed Forces during a period of conflict (sec. 1080)
808
Applicability of certain pay authorities to members of specified
independent study organizations (sec. 1081)
808
Display of POW/MIA flag (sec. 1082)
809
Program to commemorate 50th anniversary of the Korean conflict (sec.
1083)
809
Commendation of members of the Armed Forces and Government civilian
personnel who served during the Cold War; certificate of recognition
(sec. 1084)
809
Sense of Congress on granting of statutory Federal charters (sec. 1085)
809
Sense of Congress regarding military voting rights (sec. 1086)
810
Designation of Bob Hope as an honorary veteran of the Armed Forces of
the United States (sec. 1087)
810
Five-year extension of aviation insurance program (sec. 1088)
811
Legislative provisions not adopted
811
Naming of a DDG 51 class destroyer the U.S.S. Thomas F. Connolly
811
Assignment of Department of Defense personnel to assist immigration
and naturalization service and custom service
811
Repeal of annual report requirement relating to training of special
operations forces with friendly foreign forces
811
Armament retooling and manufacturing support initiative
811
Long-term charter contracts for acquisition of auxiliary vessels for
the Department of Defense
812
Availability of certain fiscal year 1991 funds for payment of
contract claim
812
Psychotherapist-patient privilege in the Military Rules of Evidence
812
Acceptance and use of landing fees for use of overseas military
airfields by civil aircraft
812
Protection of employees from retaliation for certain disclosures of
classified information
812
Criminal prohibition on the distribution of certain information
relating to explosives, destructive devices, and weapons of mass
destruction
813
Restrictions on quantities of alcoholic beverages available for
personnel overseas through Department of Defense sources
813
Title XI--Department of Defense Civilian Personnel
814
Legislative Provisions Adopted
814
Use of prohibited constraints to manage Department of Defense
personnel (sec. 1101)
814
Veterans' preference status for certain veterans who served on active
duty during the Persian Gulf War (sec. 1102)
814
Repeal of deadline for placement consideration of involuntarily
separated military reserve technicians (sec. 1103)
814
Rate of pay of Department of Defense overseas teachers upon transfer
to General Schedule position (sec. 1104)
814
Garnishment and involuntary allotment (sec. 1105)
815
Extension and revision of voluntary separation incentive pay
authority (sec. 1106)
815
Use of approved fire-safe accommodations by Government employees on
official business (sec. 1107)
815
Navy higher education pilot program regarding administration of
business relationships between Government and private sector (sec. 1108)
815
Authority for Marine Corps University to employ civilian faculty
members (sec. 1109)
816
Title XII--Matters Relating to Other Nations
816
Legislative Provisions Adopted
816
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
816
Limitation on the use of funds for the deployment of U.S. forces in
Bosnia beyond June 30, 1998 (secs. 1201 1206)
816
Subtitle B--Export Controls on High Performance Computers
817
Export controls on high performance computers (secs. 1211 1215)
817
Subtitle C--Other Matters
819
Temporary use of general purpose vehicles and nonlethal military
equipment under acquisition and cross servicing agreements (sec. 1222)
819
Sense of Congress and reports regarding financial costs of
enlargement of the North Atlantic Treaty Organization (sec. 1223)
819
Sense of Congress regarding expansion of the North Atlantic Treaty
Organization (sec. 1224)
819
Sense of the Congress relating to level of United States military
personnel in the East Asia and Pacific region (sec. 1225)
820
Report on future military capabilities and strategy of the People's
Republic of China (sec. 1226)
820
Sense of Congress on need for Russian openness on the Yamantau
Mountain Project (sec. 1227)
820
Assessment of the Cuban threat to United States national security
(sec. 1228)
821
Report on Helsinki Joint Statement (sec. 1229)
821
Commendation of Mexico on free and fair elections (sec. 1230)
821
Sense of Congress regarding Cambodia (sec. 1231)
821
Congratulating Governor Christopher Patten of Hong Kong (sec. 1232)
822
Title XIII--Arms Control and Related Matters
822
Legislative Provisions Adopted
822
Presidential report concerning detargeting of Russian strategic
missiles (sec. 1301)
822
Limitation on retirement or dismantlement of strategic nuclear
delivery systems (sec. 1302)
823
Assistance for facilities subject to inspection under the Chemical
Weapons Convention (sec. 1303).
823
Transfers of authorizations for high-priority counterproliferation
programs (sec. 1304)
823
Advice to the President and Congress regarding the safety, security,
and reliability of United States nuclear weapons stockpile (sec. 1305)
824
Reconstitution of Commission to Assess the Ballistic Missile Threat
to the United States (sec. 1306)
824
Sense of Congress regarding the relationship between environmental
laws and United States obligations under the Chemical Weapons Convention
(sec. 1307)
824
Extension of counterproliferation authorities for support of United
Nations Special Commission on Iraq (sec. 1308)
825
Annual report on moratorium on use by Armed Forces of antipersonnel
landmines (sec. 1309)
825
Title XIV--Cooperative Threat Reduction With States of Former Soviet
Union
826
Legislative Provisions Adopted
826
Cooperative threat reduction (CTR) program (secs. 1401 1410)
826
Title XV--Federal Charter for the Air Force Sergeants
828
Legislative Provisions Adopted
828
Federal Charter for the Air Force Sergeants Association (secs. 1501
1516)
828
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
828
Overview
828
Title XXI--Army
850
Overview
850
Items of Special Interest
850
Planning and design, Army
850
Improvements of Military Family Housing, Army
851
Legislative Provisions Adopted
851
Correction in authorized uses of funds, Fort Irwin, California (sec.
2105)
851
Title XXII--Navy
851
Overview
851
Items of Special Interest
852
Improvements of military family housing, Navy
852
Legislative Provisions Adopted
852
Authorization of military construction project at Naval Station,
Pascagoula, Mississippi, for which funds have been appropriated (sec.
2205)
852
Increase in authorization for military construction projects at Naval
Station Roosevelt Roads, Puerto Rico (sec. 2206)
852
Title XXIII--Air Force
852
Overview
852
Items of Special Interest
853
Improvements of military family housing, Air Force
853
Legislative Provisions Adopted
853
Authorization of military construction project at McConnell Air Force
Base, Kansas, for which funds have been appropriated (sec. 2305)
853
Title XXIV--Defense Agencies
853
Overview
853
Legislative Provisions Adopted
854
Clarification of authority relating to fiscal year 1997 project at
Naval Station, Pearl Harbor, Hawaii (sec. 2406)
854
Correction in authorized uses of funds, McClellan Air Force Base,
California (sec. 2407)
854
Modification of authority to carry out fiscal year 1995 projects
(sec. 2408)
854
Title XXV--North Atlantic Treaty Organization Security Investment
Program
854
Overview
854
Title XXVI--Guard and Reserve Forces Facilities
855
Overview
855
Items of Special Interest
855
Reserve construction project, Oakdale, Pennsylvania
855
Legislative Provisions Adopted
855
Authorization of military construction projects for which funds have
been appropriated (sec. 2602)
855
Army Reserve construction project, Camp Williams, Utah (sec. 2603)
856
Title XXVII--Expiration and Extension of Authorizations
856
Legislative Provisions Adopted
856
Extension of authorizations of certain fiscal year 1995 projects
(sec. 2702)
856
Extension of authorizations of certain fiscal year 1994 projects
(sec. 2703)
856
Extension of authorizations of certain fiscal year 1993 projects
(sec. 2704)
856
Extension of availability of funds for construction of relocatable
over-the-horizon radar, Naval Station Roosevelt Roads, Puerto Rico (sec.
2706)
857
Title XXVIII--General Provisions
857
Legislative Provisions Adopted
857
Subtitle A--Military Construction Program and Military Family Housing
Changes
857
Use of mobility enhancement funds for unspecified minor construction
(sec. 2801)
857
Limitation on the use of operation and maintenance funds for facility
repair projects (sec. 2802)
857
Leasing of military family housing, United States Southern Command,
Miami, Florida (sec. 2803)
857
Use of financial incentives provided as part of energy savings and
water conservation activities (sec. 2804)
858
Congressional notification requirements regarding use of Department
of Defense housing funds for investments in nongovernmental entities
(sec. 2805)
858
Subtitle B--Real Property and Facilities Administration
858
Increase in ceiling for minor land acquisition projects (sec. 2811)
858
Permanent authority regarding conveyance of utility systems (sec. 2812)
858
Administrative expenses for certain real property transactions (sec.
2813)
859
Screening of real property to be conveyed by the Department of
Defense (sec. 2814)
859
Disposition of proceeds from sale of Air Force Plant 78, Brigham
City, Utah (sec. 2815)
860
Fire protection and hazardous materials protection at Fort Meade,
Maryland (sec. 2816)
860
Subtitle C--Defense Base Closure and Realignment
860
Consideration of military installations as sites for new Federal
facilities (sec. 2821)
860
Adjustment and diversification assistance to enhance performance of
military family support services by private sector sources (sec. 2822)
861
Security, fire protection, and other services at property formerly
associated with Red River Army Depot, Texas (sec. 2823)
861
Report on closure and realignment of military installations (sec. 2824)
861
Sense of Senate regarding utilization of savings derived from base
closure process (sec. 2825)
862
Prohibition against conveyance of property at Long Beach Naval
Station to China Ocean Shipping Company (sec. 2826)
862
Subtitle D--Land Conveyances
862
Part I--Army Conveyances
862
Land conveyance, Army Reserve Center, Greensboro, Alabama (sec. 2831)
862
Land Conveyance, James T. Coker Army Reserve Center, Durant, Oklahoma
(sec. 2832)
863
Land conveyance, Gibson Army Reserve Center, Chicago, Illinois (sec.
2833)
863
Land conveyance, Fort A.P Hill, Virginia (sec. 2834)
863
Land conveyances, Fort Dix, New Jersey (sec. 2835)
863
Land conveyances, Fort Bragg, North Carolina (sec. 2836)
864
Land conveyance, Hawthorne Army Ammunition Depot, Mineral County,
Nevada (sec. 2837)
864
Expansion of land conveyance authority, Indiana Army Ammunition
Plant, Charlestown, Indiana (sec. 2838)
864
Modification of land conveyance, Lompoc, California (sec. 2839)
865
Modification of land conveyance, Rocky Mountain Arsenal, Colorado
(sec. 2840)
865
Correction of land conveyance authority, Army Reserve Center,
Anderson, South Carolina (sec. 2841)
865
Part II--Navy Conveyances
865
Land conveyance, Topsham Annex, Naval Air Station, Brunswick, Maine
(sec. 2851)
865
Land conveyance, Naval Weapons Industrial Reserve Plant No 464,
Oyster Bay, New York (sec. 2852)
866
Correction of lease authority, Naval Air Station, Meridian,
Mississippi (sec. 2853)
866
Part III--Air Force Conveyances
866
Land transfer, Eglin Air Force Base, Florida (sec. 2861)
866
Land conveyance, March Air Force Base, California (sec. 2862)
866
Land conveyance, Hancock Field, Syracuse, New York (sec. 2864)
867
Land conveyance, Havre Air Force Station, Montana, and Havre Training
Site, Montana (sec. 2865)
867
Land conveyance, Charleston Family Housing Complex, Bangor, Maine
(sec. 2866)
867
Study of land exchange options, Shaw Air Force Base, South Carolina
(sec. 2867)
867
Subtitle E--Other Matters
868
Repeal of requirement to operate Naval Academy Dairy Farm (sec. 2871)
868
Long-term lease of property, Naples, Italy (sec. 2872)
868
Designation of military family housing at Lackland Air Force Base,
Texas, in honor of Frank Tejeda, a former Member of the House of
Representatives (sec. 2873)
868
Fiber-optics based telecommunications linkage of military
installations (sec. 2874)
868
Legislative Provisions Not Adopted
869
Modification of authority for disposal of certain real property, Fort
Belvoir, Virginia
869
Title XXIX--Sikes Act Improvement
869
Sikes Act Improvement (secs. 2901 2914)
869
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
870
Title XXXI-- Department of Energy National Security Programs
870
Legislative Provisions Adopted
891
Subtitle A--National Security Programs Authorizations
891
Weapons activities (sec. 3101)
891
Environmental restoration and waste management (sec. 3102)
891
Other defense activities (sec. 3103)
893
Subtitle B--Recurring General Provisions
895
Limits on general plant projects (sec. 3122)
895
Fund transfer authority (sec. 3124)
896
Authority for conceptual and construction design (sec. 3125)
896
Availability of funds (sec. 3128)
896
Transfers of defense environmental management funds (sec. 3129)
897
Subtitle C--Program Authorizations, Restrictions, and Limitations
897
Memorandum of understanding for use of national laboratories for
Ballistic Missile Defenses programs (sec. 3131)
897
Defense environmental management privatization projects (sec. 3132)
897
International cooperative stockpile stewardship programs (sec. 3133)
898
Modernization of enduring nuclear weapons complex (sec. 3134)
898
Tritium production (sec. 3135)
900
Processing, treatment, and disposition of spent nuclear fuel rods and
other legacy nuclear materials at the Savannah River Site (sec. 3136)
900
Limitations on use of funds for laboratory directed research and
development purposes (sec. 3137)
901
Pilot program relating to use of proceeds of disposal or utilization
of certain Department of Energy assets (sec. 3138)
901
Modification and extension of authority relating to appointment of
certain scientific, engineering, and technical personnel (sec. 3139)
902
Limitation on use of funds for subcritical nuclear weapons tests
(sec. 3140)
902
Limitation on use of certain funds until future use plans are
submitted (sec. 3141)
902
Subtitle D--Other Matters
903
Plan for stewardship, management, and certification of warheads in
the nuclear weapons stockpile (sec. 3151)
903
Repeal of obsolete reporting requirements (sec. 3152)
903
Study and funding relating to implementation of workforce
restructuring plans (sec. 3153)
903
Plan for external oversight of national laboratories (sec. 3154)
904
University-based research collaboration program (sec. 3155)
904
Stockpile stewardship program (sec. 3156)
904
Reports on advanced supercomputer sales to certain foreign nations
(sec. 3157)
905
Transfers of real property at certain Department of Energy facilities
(sec. 3159)
905
Requirement to delegate certain authorities to site manager of
Hanford Reservation (sec 3150)
906
Submittal of biennial waste management reports (sec 3160)
906
Board on security functions of Department of Energy (sec. 3161)
906
Submittal of annual report on status of security functions at nuclear
weapons facilities (sec. 3162)
906
Modification of authority on commission on maintaining United States
nuclear weapons expertise (sec. 3163)
907
Land transfer, Bandelier National Monument (sec. 3164)
907
Final settlement of Department of Energy community assistance
obligations with respect to Los Alamos National Laboratory, New Mexico
(sec. 3165)
907
Sense of Congress regarding the Y 12 Plant in Oak Ridge, Tennessee
(sec. 3166)
908
Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico (sec. 3167)
908
Improvements to Greenville Road, Livermore, California (sec. 3168)
908
Report on alternative system for availability of funds (sec. 3169)
909
Report on remediation under the Formerly Utilized Sites Remedial
Action Program (sec. 3170)
909
Legislative Provisions Not Adopted
909
Report on proposed contract for Hanford tank waste vitrification
project
909
Defense environmental management privatization
910
Tritium production in commercial facilities
910
Administration of certain Department of Energy activities
911
Participation of the national security activities in Hispanic
Outreach Initiative of the Department of Energy
912
Title XXXII--Defense Nuclear Facilities Safetyboard
912
Legislative Provisions Adopted
912
Report on external regulation of defense nuclear facilities (sec. 3202)
912
Title XXXIII--National Defense Stockpile
913
Legislative Provisions Adopted
913
Definitions (sec. 3301)
913
Authorized uses of stockpile funds (sec. 3302)
913
Authorized uses of beryllium copper master alloy in National Defense
Stockpile (sec. 3303)
913
Disposal of titanium sponge in the National Defense Stockpile (sec.
3304)
913
Disposal of cobalt in National Defense Stockpile (sec. 3305)
913
Required procedures for disposal of strategic and critical materials
(sec. 3306)
914
Return of surplus platinum from the Department of the Treasury (sec.
3307)
914
Legislative Provisions Not Adopted
914
Restrictions on disposal of certain manganese ferro
914
Title XXXIV--Naval Petroleum Reserves
914
Legislative Provisions Adopted
914
Price requirement on sale of certain petroleum during fiscal year
1998 (sec. 3402)
914
Repeal of requirement to assign Navy officers to Office of Naval
Petroleum and Oil Shale Reserves (sec. 3403)
915
Transfer of jurisdiction, Naval Oil Shale Reserves numbered 1 and 3
(sec. 3404)
915
Title XXXV--Panama Canal Commission
915
Panama Canal Commission (secs. 3501 3550)
915
Title XXXVI--Maritime Administration
916
Legislative Provisions Adopted
916
Authorization of appropriations for fiscal year 1998 (sec. 3601)
916
Repeal of obsolete annual report requirement concerning relative cost
of shipbuilding in the various coastal districts of the United States
(sec. 3602)
916
Provisions relating to maritime security fleet program (sec. 3603)
916
Authority to utilize replacement vessels and capacity (sec. 3604)
917
Authority to convey National Defense Reserve Fleet vessel (sec. 3605)
917
Determination of gross tonnage for purposes of tank vessel double
hull requirements (sec. 3606)
917
44 180
105 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
105 340
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998
October 23, 1997.--Ordered to be printed
Mr. Spence , from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1119]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 1119) to
authorize appropriations for fiscal year 1998 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes,
having met, after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate to the text of the bill and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act for
Fiscal Year 1998''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for specified Army programs.
Sec. 113. M113 vehicle modifications.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. New Attack Submarine program.
Sec. 122. CVN 77 nuclear aircraft carrier program.
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Authorization for B 2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on
military aircraft derived from Boeing 707 aircraft.
SUBTITLE E--OTHER MATTERS
Sec. 141. Pilot program on sales of manufactured articles and
services of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and
Development Centers.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F 22 aircraft program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE PROGRAMS
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for
ballistic missile defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by
weapons of mass destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater
missile defense programs
SUBTITLE D--OTHER MATTERS
Sec. 241. Restructuring of National Oceanographic Partnership
Program organizations.
Sec. 242. Maintenance and repair of real property at Air Force
installations.
Sec. 243. Expansion of eligibility for the Defense Experimental
Program to Stimulate Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing
radiation during military service.
Sec. 245. Sense of Congress regarding Comanche program.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1 A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training
Center, Fort Irwin, California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
SUBTITLE B--MILITARY READINESS ISSUES
Sec. 321. Monthly reports on allocation of funds within operation
and maintenance budget subactivities.
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority
readiness appropriations.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military
training or other readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation
and maintenance budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain
training exercises programs.
Sec. 332. Report on overseas deployments.
SUBTITLE C--ENVIRONMENTAL PROVISIONS
Sec. 341. Revision of membership terms for Strategic Environmental
Research and Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with
other agencies in support of environmental technology certification.
Sec. 343. Modifications of authority to store and dispose of
nondefense toxic and hazardous materials.
Sec. 344. Annual report on payments and activities in response to
fines and penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the
Department of Defense overseas.
Sec. 346. Review of existing environmental consequences of the
presence of the Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed
Forces abroad for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental
restoration at Department of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental
technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission
reduction incentives.
SUBTITLE D--DEPOT-LEVEL ACTIVITIES
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and
repair that may be contracted for performance by non-government
personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in
contracting for performance of depot-level maintenance and repair
workloads formerly performed at closed or realigned military
installations.
Sec. 360. Clarification of prohibition on management of depot
employees by constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level
maintenance and repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army
Workload and Performance System.
Sec. 365. Report on allocation of core logistics activities among
Department of Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship
repair and maintenance.
Sec. 367. Sense of Congress regarding realignment of performance
of ground communication-electronic workload.
SUBTITLE E--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 371. Reorganization of laws regarding commissaries and
exchanges and other morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store
activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces
Recreation Center, Europe.
Sec. 376. Plan for use of public and private partnerships to
benefit morale, welfare, and recreation activities.
SUBTITLE F--OTHER MATTERS
Sec. 381. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 382. Center for Excellence in Disaster Management and
Humanitarian Assistance.
Sec. 383. Applicability of Federal printing requirements to
Defense Automated Printing Service.
Sec. 384. Study and notification requirements for conversion of
commercial and industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on
converted services and functions.
Sec. 386. Financial assistance to support additional duties
assigned to Army National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to
identify overpayments made to vendors.
Sec. 389. Development of standard forms regarding performance work
statement and request for proposal for conversion of certain operational
functions of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within
Department of Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major
regional contingencies.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the Reserves.
Sec. 413. End strengths for military technicians (dual status).
SUBTITLE C--AUTHORIZATION OF APPROPRIATIONS
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Limitation on number of general and flag officers who
may serve in positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on
period of recall to active duty.
Sec. 503. Clarification of officers eligible for consideration by
promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of
officers serving as chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to
grades of colonel and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory
retirement of regular generals and admirals in grades above major
general and rear admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by
commanding officers and others in authority.
Sec. 508. Report on the command selection process for District
Engineers of the Army Corps of Engineers.
SUBTITLE B--RESERVE COMPONENT MATTERS
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and
death and disability benefits for reserve members who incur or aggravate
an illness in the line of duty.
Sec. 514. Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to general officer grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel
for Air Force base security functions.
Sec. 516. Involuntary separation of reserve officers in an
inactive status.
Sec. 517. Federal status of service by National Guard members as
honor guards at funerals of veterans.
SUBTITLE C--MILITARY TECHNICIANS
Sec. 521. Authority to retain on the reserve active-status list
until age 60 military technicians in the grade of brigadier general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of
AGR personnel to military technicians (dual status).
SUBTITLE D--MEASURES TO IMPROVE RECRUIT QUALITY AND REDUCE RECRUIT
ATTRITION
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for
military service.
Sec. 533. Improvements in physical fitness of recruits.
SUBTITLE E--MILITARY EDUCATION AND TRAINING
PART I--OFFICER EDUCATION PROGRAMS
Sec. 541. Requirement for candidates for admission to United
States Naval Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at
service academies of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for
participation in Senior Reserve Officers' Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior
Reserve Officers' Training Corps units to maximize enrollment and
enhance efficiency.
PART II--OTHER EDUCATION MATTERS
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in support of a
contingency operation.
PART III--TRAINING OF ARMY DRILL SERGEANTS
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill
sergeant trainees.
SUBTITLE F--COMMISSION ON MILITARY TRAINING AND GENDER-RELATED ISSUES
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
SUBTITLE G--MILITARY DECORATIONS AND AWARDS
Sec. 571. Purple Heart to be awarded only to members of the Armed
Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for
participation in Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain
decorations to specified persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve
for award of service medal for heroism.
Sec. 575. One-year extension of period for receipt of
recommendations for decorations and awards for certain military
intelligence personnel.
Sec. 576. Eligibility of certain World War II military
organizations for award of unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
SUBTITLE H--MILITARY JUSTICE MATTERS
Sec. 581. Establishment of sentence of confinement for life
without eligibility for parole.
Sec. 582. Limitation on appeal of denial of parole for offenders
serving life sentence.
SUBTITLE I--OTHER MATTERS
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating
to gender equity in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of
certain non-Federal entities.
Sec. 594. Treatment of participation of members in Department of
Defense civil military programs.
Sec. 595. Comptroller General study of Department of Defense civil
military programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache AE1 in France.
Sec. 598. Report on crew requirements of WC 130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to
Department of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation
necessitated by reform of subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while
performing certain duty.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty
incentive pay for certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for
certain dental officers.
Sec. 619. Availability of special pay for duty at designated
hardship duty locations.
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for
former enlisted members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast
Guard Reserve.
Sec. 624. Increase in special pay and bonuses for
nuclear-qualified officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted
members extending tours of duty at designated locations overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 631. Travel and transportation allowances for dependents
before approval of member's court-martial sentence.
Sec. 632. Dislocation allowance.
SUBTITLE D--RETIRED PAY, SURVIVOR BENEFITS, AND RELATED MATTERS
Sec. 641. One-year opportunity to discontinue participation in
Survivor Benefit Plan.
Sec. 642. Time in which change in survivor benefit coverage from
former spouse to spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income
widows.
SUBTITLE E--OTHER MATTERS
Sec. 651. Loan repayment program for commissioned officers in
certain health professions.
Sec. 652. Conformance of NOAA commissioned officers separation pay
to separation pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA
commissioned corps officers for reimbursement of adoption expenses.
Sec. 654. Payment of back quarters and subsistence allowances to
World War II veterans who served as guerrilla fighters in the
Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the
poverty level.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Expansion of retiree dental insurance plan to include
surviving spouse and child dependents of certain deceased members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Sec. 703. Study concerning the provision of comparative information.
SUBTITLE B--TRICARE PROGRAM
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
SUBTITLE C--UNIFORMED SERVICES TREATMENT FACILITIES
Sec. 721. Implementation of designated provider agreements for
Uniformed Services Treatment Facilities.
Sec. 722. Continued acquisition of reduced-cost drugs.
Sec. 723. Limitation on total payments.
SUBTITLE D--OTHER CHANGES TO EXISTING LAWS REGARDING HEALTH CARE
MANAGEMENT
Sec. 731. Improvements in health care coverage and access for
members assigned to certain duty locations far from sources of care.
Sec. 732. Waiver or reduction of copayments under overseas dental
program.
Sec. 733. Premium collection requirements for medical and dental
insurance programs; extension of deadline for implementation of dental
insurance program for military retirees.
Sec. 734. Dental insurance plan coverage for retirees of the
Public Health Service and NOAA.
Sec. 735. Consistency between CHAMPUS and Medicare in payment
rates for services.
Sec. 736. Use of personal services contracts for provision of
health care services and legal protection for providers.
Sec. 737. Portability of State licenses for Department of Defense
health care professionals.
Sec. 738. Standard form and requirements regarding claims for
payment for services.
Sec. 739. Chiropractic health care demonstration program.
SUBTITLE E--OTHER MATTERS
Sec. 741. Continued admission of civilians as students in
physician assistant training program of Army Medical Department.
Sec. 742. Payment for emergency health care overseas for military
and civilian personnel of the On-Site Inspection Agency.
Sec. 743. Authority for agreement for use of medical resource
facility, Alamogordo, New Mexico.
Sec. 744. Disclosures of cautionary information on prescription
medications.
Sec. 745. Competitive procurement of certain ophthalmic services.
Sec. 746. Comptroller General study of adequacy and effect of
maximum allowable charges for physicians under CHAMPUS.
Sec. 747. Comptroller General study of Department of Defense
pharmacy programs.
Sec. 748. Comptroller General study of Navy graduate medical
education program.
Sec. 749. Study of expansion of pharmaceuticals by mail program to
include additional Medicare-eligible covered beneficiaries.
Sec. 750. Comptroller General study of requirement for military
medical facilities in National Capital Region.
Sec. 751. Report on policies and programs to promote healthy
lifestyles for members of the Armed Forces and their dependents.
Sec. 752. Sense of Congress regarding quality health care for retirees.
SUBTITLE F--PERSIAN GULF ILLNESS
Sec. 761. Definitions.
Sec. 762. Plan for health care services for Persian Gulf veterans.
Sec. 763. Comptroller General study of revised disability criteria
for physical evaluation boards.
Sec. 764. Medical care for certain reserves who served in
Southwest Asia during the Persian Gulf War.
Sec. 765. Improved medical tracking system for members deployed
overseas in contingency or combat operations.
Sec. 766. Notice of use of investigational new drugs or drugs
unapproved for their applied use.
Sec. 767. Report on plans to track location of members in a
theater of operations.
Sec. 768. Sense of Congress regarding the deployment of
specialized units for detecting and monitoring chemical, biological, and
similar hazards in a theater of operations.
Sec. 769. Report on effectiveness of research efforts regarding
Gulf War illnesses.
Sec. 770. Persian Gulf illness clinical trials program.
Sec. 771. Sense of Congress concerning Gulf War illness.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Expansion of authority to enter into contracts crossing
fiscal years to all severable service contracts not exceeding a year.
Sec. 802. Vesting of title in the United States under contracts
paid under progress payment arrangements or similar arrangements.
Sec. 803. Restriction on undefinitized contract actions.
Sec. 804. Limitation and report on payment of restructuring costs
under defense contracts.
Sec. 805. Increased price limitation on purchases of right-hand
drive vehicles.
Sec. 806. Multiyear procurement contracts.
Sec. 807. Audit of procurement of military clothing and
clothing-related items by military installations in the United States.
Sec. 808. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 809. Elimination of certification requirement for grants.
Sec. 810. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 811. Item-by-item and country-by-country waivers of domestic
source limitations.
SUBTITLE B--ACQUISITION ASSISTANCE PROGRAMS
Sec. 821. One-year extension of pilot mentor-protege program.
Sec. 822. Test program for negotiation of comprehensive
subcontracting plans.
SUBTITLE C--ADMINISTRATIVE PROVISIONS
Sec. 831. Retention of expired funds during the pendency of
contract litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Unit cost reports.
Sec. 834. Plan for providing contracting information to general
public and small businesses.
Sec. 835. Two-year extension of crediting of certain purchases
toward meeting subcontracting goals.
SUBTITLE D--OTHER MATTERS
Sec. 841. Repeal of certain acquisition requirements and reports
Sec. 842. Use of major range and test facility installations by
commercial entities.
Sec. 843. Requirement to develop and maintain list of firms not
eligible for defense contracts.
Sec. 844. Sense of Congress regarding allowability of costs of
employee stock ownership plans.
Sec. 845. Expansion of personnel eligible to participate in
demonstration project relating to acquisition workforce.
Sec. 846. Time for submission of annual report relating to Buy
American Act.
Sec. 847. Repeal of requirement for contractor guarantees on major
weapon systems.
Sec. 848. Requirements relating to micro-purchases.
Sec. 849. Promotion rate for officers in an acquisition corps.
Sec. 850. Use of electronic commerce in Federal procurement.
Sec. 851. Conformance of policy on performance based management of
civilian acquisition programs with policy established for defense
acquisition programs.
Sec. 852. Modification of process requirements for the
solutions-based contracting pilot program.
Sec. 853. Guidance and standards for defense acquisition workforce
training requirements.
Sec. 854. Study and report to Congress assessing dependence on
foreign sources for resistors and capacitors.
Sec. 855. Department of Defense and Federal Prison Industries
joint study.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DEPARTMENT OF DEFENSE POSITIONS AND ORGANIZATIONS AND OTHER
GENERAL MATTERS
Sec. 901. Assistants to the Chairman of the Joint Chiefs of Staff
for National Guard matters and for Reserve matters.
Sec. 902. Use of CINC Initiative Fund for force protection.
Sec. 903. Revision to required frequency for provision of policy
guidance for contingency plans.
Sec. 904. Annual justification for Department of Defense advisory
committees.
Sec. 905. Airborne reconnaissance management.
Sec. 906. Termination of the Armed Services Patent Advisory Board.
Sec. 907. Coordination of Department of Defense criminal
investigations and audits.
SUBTITLE B--DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT
Sec. 911. Reduction in personnel assigned to management
headquarters and headquarters support activities.
Sec. 912. Defense acquisition workforce.
SUBTITLE C--DEPARTMENT OF DEFENSE SCHOOLS AND CENTERS
Sec. 921. Professional military education schools.
Sec. 922. Center for Hemispheric Defense Studies.
Sec. 923. Correction to reference to George C. Marshall European
Center for Security Studies.
SUBTITLE D--DEPARTMENT OF DEFENSE INTELLIGENCE-RELATED MATTERS
Sec. 931. Transfer of certain military department programs from
TIARA budget aggregation.
Sec. 932. Report on coordination of access of commanders and
deployed units to intelligence collected and analyzed by the
intelligence community.
Sec. 933. Protection of imagery, imagery intelligence, and
geospatial information and data.
Sec. 934. POW/MIA intelligence analysis.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year
1997 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental
appropriations for fiscal year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Revision of authority for Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding
contracts for which a small final payment is due.
Sec. 1008. Biennial financial management improvement plan.
Sec. 1009. Estimates and requests for procurement and military
construction for the reserve components.
Sec. 1010. Sense of Congress regarding funding for reserve
component modernization not requested in President's budget.
Sec. 1011. Management of working-capital funds.
Sec. 1012. Authority of Secretary of Defense to settle claims
relating to pay, allowances, and other benefits.
Sec. 1013. Payment of claims by members for loss of personal
property due to flooding in Red River Basin.
Sec. 1014. Advances for payment of public services.
Sec. 1015. United States Man and the Biosphere Program limitation.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1021. Procedures for sale of vessels stricken from the Naval
Vessel Register.
Sec. 1022. Authority to enter into a long-term charter for a
vessel in support of the Surveillance Towed-Array Sensor (SURTASS)
program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
Sec. 1024. Congressional review period with respect to transfer of
ex-U.S.S. Hornet (CV 12) and ex-U.S.S. Midway (CV 41).
Sec. 1025. Transfers of naval vessels to certain foreign countries.
Sec. 1026. Reports relating to export of vessels that may contain
polychlorinated biphenyls.
Sec. 1027. Conversion of defense capability preservation authority
to Navy shipbuilding capability preservation authority.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1031. Use of National Guard for State drug interdiction and
counter-drug activities.
Sec. 1032. Authority to provide additional support for
counter-drug activities of Mexico.
Sec. 1033. Authority to provide additional support for
counter-drug activities of Peru and Colombia.
Sec. 1034. Annual report on development and deployment of
narcotics detection technologies.
SUBTITLE D--MISCELLANEOUS REPORT REQUIREMENTS AND REPEALS
Sec. 1041. Repeal of miscellaneous reporting requirements.
Sec. 1042. Study of transfer of modular airborne fire fighting system.
Sec. 1043. Overseas infrastructure requirements.
Sec. 1044. Additional matters for annual report on activities of
the General Accounting Office.
Sec. 1045. Eye safety at small arms firing ranges.
Sec. 1046. Reports on Department of Defense procedures for
investigating military aviation accidents and for notifying and
assisting families of victims.
SUBTITLE E--MATTERS RELATING TO TERRORISM
Sec. 1051. Oversight of counterterrorism and antiterrorism
activities; report.
Sec. 1052. Provision of adequate troop protection equipment for
Armed Forces personnel engaged in peace operations; report on
antiterrorism activities and protection of personnel.
SUBTITLE F--MATTERS RELATING TO DEFENSE PROPERTY
Sec. 1061. Lease of nonexcess personal property of military departments.
Sec. 1062. Lease of nonexcess property of Defense Agencies.
Sec. 1063. Donation of excess chapel property to churches damaged
or destroyed by arson or other acts of terrorism.
Sec. 1064. Authority of the Secretary of Defense concerning
disposal of assets under cooperative agreements on air defense in
Central Europe.
Sec. 1065. Sale of excess, obsolete, or unserviceable ammunition
and ammunition components.
Sec. 1066. Transfer of B 17 aircraft to museum.
Sec. 1067. Report on disposal of excess and surplus materials.
SUBTITLE G--OTHER MATTERS
Sec. 1071. Authority for special agents of the Defense Criminal
Investigative Service to execute warrants and make arrests.
Sec. 1072. Study of investigative practices of military criminal
investigative organizations relating to sex crimes.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Sustainment and operation of the Global Positioning System.
Sec. 1075. Protection of safety-related information voluntarily
provided by air carriers.
Sec. 1076. National Guard Challenge Program to create
opportunities for civilian youth.
Sec. 1077. Disqualification from certain burial-related benefits
for persons convicted of capital crimes.
Sec. 1078. Restrictions on the use of human subjects for testing
of chemical or biological agents.
Sec. 1079. Treatment of military flight operations.
Sec. 1080. Naturalization of certain foreign nationals who serve
honorably in the Armed Forces during a period of conflict.
Sec. 1081. Applicability of certain pay authorities to members of
specified independent study organizations.
Sec. 1082. Display of POW/MIA flag.
Sec. 1083. Program to commemorate 50th anniversary of the Korean
conflict.
Sec. 1084. Commendation of members of the Armed Forces and
Government civilian personnel who served during the Cold War;
certificate of recognition.
Sec. 1085. Sense of Congress on granting of statutory Federal charters.
Sec. 1086. Sense of Congress regarding military voting rights.
Sec. 1087. Designation of Bob Hope as an honorary veteran of the
Armed Forces of the United States.
Sec. 1088. Five-year extension of aviation insurance program.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of
Defense personnel.
Sec. 1102. Veterans' preference status for certain veterans who
served on active duty during the Persian Gulf War.
Sec. 1103. Repeal of deadline for placement consideration of
involuntarily separated military reserve technicians.
Sec. 1104. Rate of pay of Department of Defense overseas teachers
upon transfer to General Schedule position.
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation
incentive pay authority.
Sec. 1107. Use of approved fire-safe accommodations by Government
employees on official business.
Sec. 1108. Navy higher education pilot program regarding
administration of business relationships between Government and private
sector.
Sec. 1109. Authority for Marine Corps University to employ
civilian faculty members.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--UNITED STATES ARMED FORCES IN BOSNIA AND HERZEGOVINA
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Withdrawal of United States ground forces from Republic
of Bosnia and Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by
United States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia
and Herzegovina.
Sec. 1206. Definitions.
SUBTITLE B--EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high
performance computers.
Sec. 1214. GAO study on certain computers; end user information
assistance.
Sec. 1215. Congressional committees.
SUBTITLE C--OTHER MATTERS
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and cross servicing agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs
of enlargement of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North
Atlantic Treaty Organization.
Sec. 1225. Sense of the Congress relating to level of United
States military personnel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of
the People's Republic of China.
Sec. 1227. Sense of Congress on need for Russian openness on the
Yamantau Mountain project.
Sec. 1228. Assessment of the Cuban threat to United States
national security.
Sec. 1229. Report on Helsinki Joint statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Sec. 1301. Presidential report concerning detargeting of Russian
strategic missiles.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Assistance for facilities subject to inspection under
the Chemical Weapons Convention.
Sec. 1304. Transfers of authorizations for high-priority
counterproliferation programs.
Sec. 1305. Advice to the President and Congress regarding the
safety, security, and reliability of United States nuclear weapons
stockpile.
Sec. 1306. Reconstitution of commission to assess the ballistic
missile threat to the United States.
Sec. 1307. Sense of Congress regarding the relationship between
United States obligations under the Chemical Weapons Convention and
environmental laws.
Sec. 1308. Extension of counterproliferation authorities for
support of United Nations Special Commission on Iraq.
Sec. 1309. Annual report on moratorium on use by Armed Forces of
antipersonnel landmines.
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs
and funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to
START II Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons
destruction facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for
Russian fissile material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties,
and other assessments on assistance provided to Russia under Cooperative
Threat Reduction programs.
Sec. 1410. Availability of funds.
TITLE XV--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
Sec. 1501. Recognition and grant of Federal charter.
Sec. 1502. Powers.
Sec. 1503. Purposes.
Sec. 1504. Service of process.
Sec. 1505. Membership.
Sec. 1506. Board of directors.
Sec. 1507. Officers.
Sec. 1508. Restrictions.
Sec. 1509. Liability.
Sec. 1510. Maintenance and inspection of books and records.
Sec. 1511. Audit of financial transactions.
Sec. 1512. Annual report.
Sec. 1513. Reservation of right to alter, amend, or repeal charter.
Sec. 1514. Tax-exempt status required as condition of charter.
Sec. 1515. Termination.
Sec. 1516. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin,
California.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Naval
Station, Pascagoula, Mississippi, for which funds have been
appropriated.
Sec. 2206. Increase in authorization for military construction
projects at Naval Station Roosevelt Roads, Puerto Rico.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at
McConnell Air Force Base, Kansas, for which funds have been
appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor, Hawaii.
Sec. 2407. Correction in authorized uses of funds, McClellan Air
Force Base, California.
Sec. 2408. Modification of authority to carry out certain fiscal
year 1995 projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of military construction projects for
which funds have been appropriated.
Sec. 2603. Army Reserve construction project, Camp Williams, Utah.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Extension of availability of funds for construction of
relocatable over-the-horizon radar, Naval Station Roosevelt Roads,
Puerto Rico.
Sec. 2707. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Use of mobility enhancement funds for unspecified minor
construction.
Sec. 2802. Limitation on use of operation and maintenance funds
for facility repair projects.
Sec. 2803. Leasing of military family housing, United States
Southern Command, Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy
savings and water conservation activities.
Sec. 2805. Congressional notification requirements regarding use
of Department of Defense housing funds for investments in
nongovernmental entities.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Permanent authority regarding conveyance of utility systems.
Sec. 2813. Administrative expenses for certain real property
transactions.
Sec. 2814. Screening of real property to be conveyed by Department
of Defense.
Sec. 2815. Disposition of proceeds from sale of Air Force Plant
78, Brigham City, Utah.
Sec. 2816. Fire protection and hazardous materials protection at
Fort Meade, Maryland.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2821. Consideration of military installations as sites for
new Federal facilities.
Sec. 2822. Adjustment and diversification assistance to enhance
performance of military family support services by private sector
sources.
Sec. 2823. Security, fire protection, and other services at
property formerly associated with Red River Army Depot, Texas.
Sec. 2824. Report on closure and realignment of military installations.
Sec. 2825. Sense of Senate regarding utilization of savings
derived from base closure process.
Sec. 2826. Prohibition against certain conveyances of property at
Naval Station, Long Beach, California.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2832. Land conveyance, James T. Coker Army Reserve Center,
Durant, Oklahoma.
Sec. 2833. Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois.
Sec. 2834. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2835. Land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyances, Fort Bragg, North Carolina.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Depot,
Mineral County, Nevada.
Sec. 2838. Expansion of land conveyance authority, Indiana Army
Ammunition Plant, Charlestown, Indiana.
Sec. 2839. Modification of land conveyance, Lompoc, California.
Sec. 2840. Modification of land conveyance, Rocky Mountain
Arsenal, Colorado.
Sec. 2841. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
PART II--NAVY CONVEYANCES
Sec. 2851. Land conveyance, Topsham Annex, Naval Air Station,
Brunswick, Maine.
Sec. 2852. Land conveyance, Naval Weapons Industrial Reserve Plant
No. 464, Oyster Bay, New York.
Sec. 2853. Correction of lease authority, Naval Air Station,
Meridian, Mississippi.
PART III--AIR FORCE CONVEYANCES
Sec. 2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. Land conveyance, March Air Force Base, California.
Sec. 2863. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2864. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2865. Land conveyance, Havre Air Force Station, Montana, and
Havre Training Site, Montana.
Sec. 2866. Land conveyance, Charleston Family Housing Complex,
Bangor, Maine.
Sec. 2867. Study of land exchange options, Shaw Air Force Base,
South Carolina.
SUBTITLE E--OTHER MATTERS
Sec. 2871. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2872. Long-term lease of property, Naples, Italy.
Sec. 2873. Designation of military family housing at Lackland Air
Force Base, Texas, in honor of Frank Tejeda, a former Member of the
House of Representatives.
Sec. 2874. Fiber-optics based telecommunications linkage of
military installations.
TITLE XXIX--SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources
management plans.
Sec. 2906. Transfer of wildlife conservation fees from closed
military installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of
the Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Memorandum of understanding for use of national
laboratories for ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear
fuel rods and other legacy nuclear materials at the Savannah River Site.
Sec. 3137. Limitations on use of funds for laboratory directed
research and development purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal
or utilization of certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to
appointment of certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear
weapons tests.
Sec. 3141. Limitation on use of certain funds until future use
plans are submitted.
SUBTITLE D--OTHER MATTERS
Sec. 3151. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of
workforce restructuring plans.
Sec. 3154. Report and plan for external oversight of national
laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain
foreign nations.
Sec. 3158. Transfers of real property at certain Department of
Energy facilities.
Sec. 3159. Requirement to delegate certain authorities to site
manager of Hanford Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security
functions at nuclear weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining
United States Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community
assistance obligations with respect to Los Alamos National Laboratory,
New Mexico.
Sec. 3166. Sense of Congress regarding the Y 12 Plant in Oak
Ridge, Tennessee.
Sec. 3167. Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites
Remedial Action Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National
Defense Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and
critical materials.
Sec. 3307. Return of surplus platinum from the Department of the
Treasury.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during
fiscal year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office
of Naval Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves
Numbered 1 and 3.
TITLE XXXV--PANAMA CANAL COMMISSION
SUBTITLE A--AUTHORIZATION OF EXPENDITURES FROM REVOLVING FUND
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
SUBTITLE B--FACILITATION OF PANAMA CANAL TRANSITION
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
PART I--TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND EMPLOYEES
Sec. 3521. Authority for the Administrator of the Commission to
accept appointment as the Administrator of the Panama Canal Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish
compensation of Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to Federal travel regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for
severance pay for certain employees separated by Panama Canal Authority
after Canal Transfer Date.
PART II--TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF
CANAL
Sec. 3541. Establishment of procurement system and Board of
Contract Appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain
regulatory functions relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning
relative cost of shipbuilding in the various coastal districts of the
United States.
Sec. 3603. Provisions relating to maritime security fleet program.
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank
vessel double hull requirements.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for specified Army programs.
Sec. 113. M113 vehicle modifications.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. New Attack Submarine program.
Sec. 122. CVN 77 nuclear aircraft carrier program.
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Authorization for B 2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on
military aircraft derived from Boeing 707 aircraft.
SUBTITLE E--OTHER MATTERS
Sec. 141. Pilot program on sales of manufactured articles and
services of certain Army industrial facilities without regard to
availability from domestic sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Army as follows:
(1) For aircraft, $1,316,233,000.
(2) For missiles, $742,639,000.
(3) For weapons and tracked combat vehicles, $1,297,641,000.
(4) For ammunition, $1,011,193,000.
(5) For other procurement, $2,566,208,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 1998 for procurement for the Navy as follows:
(1) For aircraft, $6,437,330,000.
(2) For weapons, including missiles and torpedoes, $1,089,443,000.
(3) For shipbuilding and conversion, $8,195,269,000.
(5) For other procurement, $2,970,867,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Marine Corps in the amount of
$460,081,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to
be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $364,744,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Air Force as follows:
(1) For aircraft, $6,425,749,000.
(2) For missiles, $2,376,301,000.
(3) For ammunition, $398,534,000.
(4) For other procurement, $6,543,580,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1998
for Defense-wide procurement in the amount of $2,057,150,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $70,000,000.
(2) For the Air National Guard, $303,000,000.
(3) For the Army Reserve, $75,000,000.
(4) For the Naval Reserve, $80,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $65,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Inspector General of the Department of Defense
in the amount of $1,800,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1998
the amount of $600,700,000 for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $274,068,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for carrying out the Defense Export Loan
Guarantee Program under section 2540 of title 10, United States Code, in
the total amount of $1,231,000.
Subtitle B--Army Programs
SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.
(a) Limitation.--Not more than 80 percent of the total of the amounts
authorized to be appropriated pursuant to section 101(1), 105(1), and
105(3) for modifications or upgrades of helicopters may be obligated
before the date that is 30 days after the date on which the Secretary of
the Army submits to the congressional defense committees a comprehensive
plan for the modernization of the Army's helicopter fleet.
(b) Content of Plan.--The plan required by subsection (a) shall
include the following:
(1) A detailed assessment of the Army's present and future
helicopter requirements and present and future helicopter inventory,
including number of aircraft, age of aircraft, availability of spare
parts, flight hour costs, roles and functions assigned to the fleet as a
whole and to its individual types of aircraft, and the mix of active
component aircraft and reserve component aircraft in the fleet.
(2) Estimates and analysis of requirements and funding proposed for
procurement of new aircraft.
(3) An analysis of the requirements for and funding proposed for
extended service plans or service life extension plans for fleet
aircraft.
(4) A plan for retiring aircraft no longer required or capable of
performing assigned functions, including a discussion of opportunities
to eliminate older aircraft models and to focus future funding on
current or future generation aircraft.
(5) The implications of the plan for the defense industrial base.
(c) Relationship to Future-Years Defense Program.--The Secretary of
the Army shall design the plan under subsection (a) so that the plan
could be implemented within the funding levels expected to be available
for Army aircraft programs in the next future-years defense program to
be submitted to Congress pursuant to section 221(a) of title 10, United
States Code. The Secretary shall include in the plan a certification
that the program of the Army prepared for inclusion in the future-years
defense program submitted to Congress in 1998 pursuant to section 221(a)
of title 10, United States Code, included full funding for
implementation of the plan.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR SPECIFIED ARMY PROGRAMS.
(a) AH 64 D Longbow Apache Fire Control Radar.--Beginning with the
fiscal year 1998 program year, the Secretary of the Army may, in
accordance with section 2306b of title 10, United States Code, enter
into a multiyear procurement contract for procurement of the AH 64D
Longbow Apache fire control radar.
(b) Medium Tactical Vehicles.--Beginning with the fiscal year 1998
program year, the Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
procurement contract for procurement of vehicles of the Family of Medium
Tactical Vehicles. The contract may be for a term of four years and may
include an option to extend the contract for one additional year.
SEC. 113. M113 VEHICLE MODIFICATIONS.
Of the amount made available for the Army pursuant to section 101(3),
$35,244,000 shall be available only for the procurement and installation
of A3 upgrade kits for the M113 vehicle.
Subtitle C--Navy Programs
SEC. 121. NEW ATTACK SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 1998,
$2,599,800,000 is available for the New Attack Submarine Program.
(b) Contract Authority.--(1) The Secretary of the Navy may enter into
a contract for the procurement of four submarines under the New Attack
Submarine program.
(2) Any contract entered into under paragraph (1)--
(A) shall, notwithstanding section 2304(k) of title 10, United
States Code, be awarded to one of the two eligible shipbuilders as the
prime contractor on the condition that the prime contractor enter into
one or more subcontracts (under such prime contract) with the other of
the two eligible shipbuilders as contemplated in the New Attack
Submarine Team Agreement; and
(B) shall provide for--
(i) construction of the first submarine in fiscal year 1998; and
(ii) advance construction and advance procurement of materiel for
the second, third, and fourth submarines in fiscal year 1998.
(3) The following shipbuilders are eligible for a contract under this
subsection:
(A) The Electric Boat Corporation.
(B) The Newport News Shipbuilding and Drydock Company.
(4) In paragraph (2)(A), the term ``New Attack Submarine Team
Agreement'' means the agreement known as the Team Agreement between
Electric Boat Corporation and Newport News Shipbuilding and Drydock
Company, dated February 25, 1997, that was submitted to Congress by the
Secretary of the Navy on March 31, 1997.
(c) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total amount appropriated for the New
Attack Submarine program.
(d) Repeals of Superseded Provisions of Previous Defense
Authorization Laws.--(1) Section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat.
206) is amended--
(A) in subsection (a)(1)(B)--
(i) in clause (i), by striking out ``, which shall be built by
Electric Boat Division''; and
(ii) in clause (ii), by striking out ``, which shall be built by
Newport News Shipbuilding''; and
(B) in subsection (b), by striking out paragraph (1).
(2) Section 121 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2441) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking out ``to be built by Electric
Boat Division''; and
(ii) in paragraph (1)(C), by striking out ``to be built by Newport
News Shipbuilding'';
(B) in subsection (d), by striking out paragraph (2);
(C) in subsection (e), by striking out paragraph (1); and
(D) in subsection (g), by striking out ``the committees specified in
subsection (e)(1)'' in paragraphs (3) and (4) and inserting in lieu
thereof ``the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives''.
(e) Inapplicability of Superseded Aspects of Attack Submarine
Development Plan.--The Secretary of Defense and the Secretary of the
Navy are not required to carry out the portions of the program plan
submitted under subsection (c) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 that are included in the plan
pursuant to subparagraphs (A), (B), and (E) of paragraph (2) of such
subsection.
SEC. 122. CVN 77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the aircraft carrier to be designated CVN 77, subject to the
availability of appropriations for that purpose.
(b) Amount Authorized From SCN Account.--Of the amount authorized to
be appropriated by section 102(a)(3) for fiscal year 1998, $50,000,000
is available for the advance procurement and advance construction of
components (including nuclear components) for the CVN 77 aircraft
carrier program. The Secretary of the Navy may enter into a contract or
contracts with the shipbuilder and other entities for the advance
procurement and advance construction of those components.
(c) Other Funds.--Of the funds authorized to be appropriated under
this Act for programs, projects, and activities of the military
departments and Defense Agencies, other than the CVN 77 aircraft carrier
program, up to $295,000,000 may be made available, as the Secretary of
Defense may direct, for the CVN 77 aircraft carrier program. Authority
to make transfers under this subsection is in addition to the transfer
authority provided in section 1001.
(d) Management of Funds.--The Secretary of the Navy shall obligate
and expend the funds available for advance procurement and advance
construction of components for the CVN 77 aircraft carrier program for
fiscal year 1998 in a manner that is designed to result in such cost
savings as may be required in order to meet the cost limitation
specified in subsection (f).
(e) Adjustments to Future-Years Defense Program.--The Secretary of
Defense shall make such plans for the CVN 77 aircraft carrier program as
are necessary to attain for the program the cost savings that are
contemplated for the procurement of the CVN 77 aircraft carrier in the
March 1997 procurement plan.
(f) Limitation on Total Cost of Procurement.--(1) The Secretary of
the Navy shall structure the program for the procurement of the CVN 77
aircraft carrier, and shall manage that program, so that the total cost
of the procurement of the CVN 77 aircraft carrier does not exceed
$4,600,000,000 (such amount being the estimated cost for the procurement
of the CVN 77 aircraft carrier in the March 1997 procurement plan).
(2) The Secretary of the Navy may adjust the amount set forth in
paragraph (1) for the CVN 77 aircraft carrier program by the following:
(A) The amounts of outfitting costs and post-delivery costs incurred
for the program.
(B) The amounts of increases or decreases in costs attributable to
economic inflation after September 30, 1997.
(C) The amounts of increases or decreases in costs attributable to
compliance with changes in Federal, State, or local laws enacted after
September 30, 1997.
(D) The amounts of increases or decreases in costs of the program
that are attributable to new technology built into the CVN 77 aircraft
carrier, as compared to the technology built into the baseline design of
the CVN 76 aircraft carrier.
(E) The amounts of increases or decreases in costs resulting from
changes the Secretary proposes in the funding plan (as contemplated in
the March 1997 procurement plan) on which the projected savings are
based.
(3) The Secretary of the Navy shall annually submit to Congress, at
the same time as the budget is submitted under section 1105(a) of title
31, United States Code, written notice of any change in the amount set
forth in paragraph (1) during the preceding fiscal year that the
Secretary has determined to be associated with a cost referred to in
paragraph (2).
(g) March 1997 Procurement Plan Defined.--In this section, the term
``March 1997 procurement plan'' means the procurement plan for the CVN
77 aircraft carrier that was submitted to the Navy and Congress by the
shipbuilder in March 1997.
SEC. 123. EXCLUSION FROM COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Authority To Exclude Amounts Appropriated for Canceled
Vessels.--(1) The Secretary of the Navy may exclude from the application
of the cost limitation for the Seawolf submarine program such amounts,
not in excess of $272,400,000, as were appropriated for fiscal years
1990, 1991, and 1992 for procurement of Seawolf-class submarines that
have been canceled.
(2) For the purposes of this subsection, the term ``cost limitation
for the Seawolf submarine program'' means the limitation in section
133(a) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104 106; 110 Stat. 211).
(b) Determination and Report by Inspector General.--(1) Not later
than March 30, 1998, the Inspector General of the Department of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing the Inspector General's determination as to whether any
further exclusion from, adjustment to exclusion from, or increase in the
dollar amount of the cost limitation referred to in subsection (a) will
be required.
(2) The Inspector General shall include in the report the following:
(A) A thorough and comprehensive accounting for the amount of
$745,400,000 identified by the Secretary of the Navy as having been
obligated or expended for the detailed design for Seawolf-class
submarines that have been canceled and for the procurement of nuclear
components and construction spare parts for those canceled submarines,
including a statement of the current disposition of items specifically
purchased using those funds.
(B) Cost growth, if any, in the cost of construction of the SSN 21,
SSN 22, and SSN 23 Seawolf-class submarines that has not been reported
to Congress before the date of the report of the Inspector General.
(C) The current cost estimate of the Secretary of the Navy for
completion of the SSN 21, SSN 22, and SSN 23 Seawolf-class submarines.
(3) The Inspector General shall include in the report such supporting
information and analyses as the Inspector General considers appropriate
for aiding in understanding the determination and findings of the
Inspector General.
Subtitle D--Air Force Programs
SEC. 131. AUTHORIZATION FOR B 2 BOMBER PROGRAM.
(a) Funding Availability.--Of the funds made available for
procurement of aircraft for the Air Force for fiscal year 1998, the
amount of $331,000,000 is available for long-lead activities related to
the procurement of additional B 2 bomber aircraft. However, if the
President determines that no additional B 2 bombers should be procured
during fiscal year 1998 and certifies that decision to Congress, the
funding authorized in the preceding sentence shall be made available to
modify and repair the existing fleet of B 2 bomber aircraft.
(b) Secretary of Defense To Preserve Options of President.--The
Secretary of Defense shall ensure that all appropriate actions are taken
to preserve the options of the President until the panel to review
long-range airpower established by section 8131 of the Department of
Defense Appropriations Act, 1998 (Public Law 105 56; 111 Stat. 1249),
submits its report.
SEC. 132. ALR RADAR WARNING RECEIVERS.
(a) Cost and Operation Effectiveness Analysis.--The Secretary of the
Air Force shall conduct a cost and operation effectiveness analysis of
upgrading the ALR69 radar warning receiver as compared with the further
acquisition of the ALR56M radar warning receiver.
(b) Submission to Congress.--The Secretary shall submit the cost and
operation effectiveness analysis to the congressional defense committees
not later than April 2, 1998.
SEC. 133. ANALYSIS OF REQUIREMENTS FOR REPLACEMENT OF ENGINES
ON MILITARY AIRCRAFT DERIVED FROM BOEING 707 AIRCRAFT.
(a) Analysis Required.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives an analysis, to be carried out
by the Under Secretary of Defense for Acquisition and Technology, of the
requirements of the Department of Defense for replacing engines on the
aircraft of the Department of Defense that are derived from the Boeing
707 aircraft and the costs of meeting those requirements.
(b) Content.--The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that are in
the inventory of the Department of Defense as of October 1, 1997, and
the number of such aircraft that are projected to be in the inventory of
the Department as of October 1, 2002, as of October 1, 2007, and as of
October 1, 2012.
(2) For each type of such aircraft, the estimated cost of operating
the aircraft for each fiscal year beginning with fiscal year 1998 and
ending with fiscal year 2014, taking into account historical patterns of
usage and projected support costs.
(3) For each type of such aircraft, the estimated costs and the
benefits of replacing the engines on the aircraft, analyzed on the basis
of the experience under the limited program for replacing the engines on
RC 135 aircraft that was undertaken during fiscal years 1995, 1996, and
1997.
(4) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The analysis under subsection (a) shall be
submitted not later than March 1, 1998.
Subtitle E--Other Matters
SEC. 141. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND
SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
(a) Pilot Program Required.--During fiscal years 1998 and 1999, the
Secretary of the Army shall carry out a pilot program to test the
efficacy and appropriateness of selling manufactured articles and
services of Army industrial facilities under section 4543 of title 10,
United States Code, without regard to the availability of the articles
and services from United States commercial sources. In carrying out the
pilot program, the Secretary may use articles manufactured at, and
services provided by, not more than three Army industrial facilities.
(b) Temporary Waiver of Requirement for Determination of
Unavailability From Domestic Source.--Under the pilot program, the
Secretary of the Army is not required under section 4543(a)(5) of title
10, United States Code, to determine whether an article or service is
available from a commercial source located in the United States in the
case of any of the following sales for which a solicitation of offers is
issued during fiscal year 1998 or 1999:
(1) A sale of articles to be incorporated into a weapon system being
procured by the Department of Defense.
(2) A sale of services to be used in the manufacture of a weapon
system being procured by the Department of Defense.
(c) Review by Inspector General.--The Inspector General of the
Department of Defense shall review the experience under the pilot
program under this section and, not later than July 1, 1999, submit to
Congress a report on the results of the review. The report shall contain
the following:
(1) The Inspector General's views regarding the extent to which the
waiver under subsection (b) enhances the opportunity for United States
manufacturers, assemblers, developers, and other concerns to enter into
or participate in contracts and teaming arrangements with Army
industrial facilities under weapon system programs of the Department of
Defense.
(2) The Inspector General's views regarding the extent to which the
waiver under subsection (b) enhances the opportunity for Army industrial
facilities referred to in section 4543(a) of title 10, United States
Code, to enter into or participate in contracts and teaming arrangements
with United States manufacturers, assemblers, developers, and other
concerns under weapon system programs of the Department of Defense.
(3) The Inspector General's views regarding the effect of the waiver
under subsection (b) on the ability of small businesses to compete for
the sale of manufactured articles or services in the United States in
competitions to enter into or participate in contracts and teaming
arrangements under weapon system programs of the Department of Defense.
(4) Specific examples under the pilot program that support the
Inspector General's views.
(5) Any other information that the Inspector General considers
pertinent regarding the effects of the waiver of section 4543(a)(5) of
title 10, United States Code, under the pilot program on opportunities
for United States manufacturers, assemblers, developers, or other
concerns, and for Army industrial facilities, to enter into or
participate in contracts and teaming arrangements under weapon system
programs of the Department of Defense.
(6) Any recommendations that the Inspector General considers
appropriate regarding continuation or modification of the policy set
forth in section 4543(a)(5) of title 10, United States Code.
SEC. 142. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM.
(a) Funding.--Amounts authorized to be appropriated under this title
and title II are available for a NATO alliance ground surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States, as follows:
(1) Of the amount authorized to be appropriated under section
101(5), $26,153,000.
(2) Of the amount authorized to be appropriated under section
103(1), $10,000,000.
(3) Of the amount authorized to be appropriated under section
201(1), $13,500,000.
(4) Of the amount authorized to be appropriated under section
201(3), $26,061,000.
(b) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may utilize authority under section 2350b of title 10, United
States Code, for contracting for the purposes of Phase I of a NATO
Alliance Ground Surveillance capability that is based on the Joint
Surveillance/Target Attack Radar System of the United States,
notwithstanding the condition in such section that the authority be
utilized for carrying out contracts or obligations incurred under
section 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)).
(2) The authority under paragraph (1) applies during the period that
the conclusion of a cooperative project agreement for a NATO Alliance
Ground Surveillance capability under section 27(d) of the Arms Export
Control Act is pending, as determined by the Secretary of Defense.
(c) Modification of Air Force Aircraft.--Amounts available pursuant
to paragraphs (2) and (4) of subsection (a) may be used to provide for
modifying two Air Force Joint Surveillance/Target Attack Radar System
production aircraft to have a NATO Alliance Ground Surveillance
capability that is based on the Joint Surveillance/Target Attack Radar
System of the United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and
Development Centers.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F 22 aircraft program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE PROGRAMS
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for
ballistic missile defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by
weapons of mass destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater
missile defense programs
SUBTITLE D--OTHER MATTERS
Sec. 241. Restructuring of National Oceanographic Partnership
Program organizations.
Sec. 242. Maintenance and repair of real property at Air Force
installations.
Sec. 243. Expansion of eligibility for the Defense Experimental
Program to Stimulate Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing
radiation during military service.
Sec. 245. Sense of Congress regarding Comanche program.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,633,495,000.
(2) For the Navy, $7,774,877,000.
(3) For the Air Force, $14,338,934,000.
(4) For Defense-wide activities, $9,831,646,000, of which--
(A) $258,183,000 is authorized for the activities of the Director,
Test and Evaluation; and
(B) $27,384,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1998.--Of the amounts authorized to be appropriated
by section 201, $3,935,390,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE SCIENCE AND TECHNOLOGY PROGRAM.
(a) Funding 1998.--Of the amounts authorized to be appropriated by
section 201, $75,000,000 is authorized for dual-use projects.
(b) Goals.--(1) Subject to paragraph (3), it shall be the objective
of the Secretary of each military department to obligate for dual-use
projects in each fiscal year referred to in paragraph (2), out of the
total amount authorized to be appropriated for such fiscal year for the
applied research programs of the military department, the percent of
such amount that is specified for that fiscal year in paragraph (2).
(2) The objectives for fiscal years under paragraph (1) are as
follows:
(A) For fiscal year 1998, 5 percent.
(B) For fiscal year 1999, 7 percent.
(C) For fiscal year 2000, 10 percent.
(D) For fiscal year 2001, 15 percent.
(3) The Secretary of Defense may establish for a military department
for a fiscal year an objective different from the objective set forth in
paragraph (2) if the Secretary--
(A) determines that compelling national security considerations
require the establishment of the different objective; and
(2) notifies Congress of the determination and the reasons for the
determination.
(c) Designation of Official for Dual-Use Programs.--(1) The Secretary
of Defense shall designate a senior official in the Office of the
Secretary of Defense to carry out responsibilities for dual-use projects
under this subsection. The designated official shall report directly to
the Under Secretary of Defense for Acquisition and Technology.
(2) The primary responsibilities of the designated official shall
include developing policy and overseeing the establishment of, and
adherence to, procedures for ensuring that dual-use projects are
initiated and administered effectively and that applicable commercial
technologies are integrated into current and future military systems.
(3) In carrying out the responsibilities, the designated official
shall ensure that--
(A) dual-use projects are consistent with the joint warfighting
science and technology plan referred to in section 270 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104 201; 10
U.S.C. 2501 note); and
(B) the dual-use projects of the military departments and defense
agencies of the Department of Defense are coordinated and avoid
unnecessary duplication.
(d) Financial Commitment of Non-Federal Government Participants.--The
total amount of funds provided by a military department for a dual-use
project entered into by the Secretary of that department shall not
exceed 50 percent of the total cost of the project. In the case of a
dual-use project initiated after the date of the enactment of this Act,
the Secretary may consider in-kind contributions by non-Federal
participants only to the extent such contributions constitute 50 percent
or less of the share of the project costs by such participants.
(e) Use of Competitive Procedures.--Funds obligated for a dual-use
project may be counted toward meeting an objective under subsection (a)
only if the funds are obligated for a contract, grant, cooperative
agreement, or other transaction that was entered into through the use of
competitive procedures.
(f) Report.--(1) Not later than March 1 of each of 1998, 1999, and
2000, the Secretary of Defense shall submit a report to the
congressional defense committees on the progress made by the Department
of Defense in meeting the objectives set forth in subsection (b) during
the preceding fiscal year.
(2) The report for a fiscal year shall contain, at a minimum, the
following:
(A) The aggregate value of all contracts, grants, cooperative
agreements, or other transactions entered into during the fiscal year
for which funding is counted toward meeting an objective under this
section, expressed in relationship to the total amount appropriated for
the applied research programs in the Department of Defense for that
fiscal year.
(B) For each military department, the value of all contracts,
grants, cooperative agreements, or other transactions entered into
during the fiscal year for which funding is counted toward meeting an
objective under this section, expressed in relationship to the total
amount appropriated for the applied research program of the military
department for that fiscal year.
(C) A summary of the cost-sharing arrangements in dual-use projects
that were initiated during the fiscal year and are counted toward
reaching an objective under this section.
(D) A description of the regulations, directives, or other
procedures that have been issued by the Secretary of Defense or the
Secretary of a military department to increase the percentage of the
total value of the dual-use projects undertaken to meet or exceed an
objective under this section.
(E) Any recommended legislation to facilitate achievement of
objectives under this section.
(g) Commercial Operations and Support Savings Initiative.--(1) The
Secretary of Defense shall establish a Commercial Operations and Support
Savings Initiative (in this subsection referred to as the
``Initiative'') to develop commercial products and processes that the
military departments can incorporate into operational military systems
to reduce costs of operations and support.
(2) Of the amounts authorized to be appropriated by section 201,
$50,000,000 is authorized for the Initiative.
(3) Projects and participants in the Initiative shall be selected
through the use of competitive procedures.
(4) The budget submitted to Congress by the President for fiscal year
1999 and each fiscal year thereafter pursuant to section 1105(a) of
title 31, United States Code, shall set forth separately the funding
request for the Initiative.
(h) Repeal of Superseded Authority.--Section 203 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110
Stat. 2451) is repealed.
(i) Definitions.--In this section:
(1) The term ``applied research program'' means a program of a
military department which is funded under the 6.2 Research, Development,
Test and Evaluation account of that department.
(2) The term ``dual-use project'' means a project under a program of
a military department or a defense agency under which research or
development of a dual-use technology is carried out and the costs of
which are shared by the Department of Defense and non-Government
entities.
SEC. 204. REDUCTION IN AMOUNT FOR FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS.
The total of the amounts authorized to be appropriated in section 201
that are available for Federally Funded Research and Development Centers
(other than amounts for capital equipment investment) is hereby reduced
by $42,000,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Participation of Manufacturers.--Section 2525(c)(2) of title 10,
United States Code, is amended to read as follows:
``(2) In order to promote increased dissemination and use of
manufacturing technology throughout the national defense technology and
industrial base, the Secretary shall seek, to the maximum extent
practicable, the participation of manufacturers of manufacturing
equipment in the projects under the program.''.
(b) Five-Year Plan.--Section 2525 of such title is amended by adding
at the end the following new subsection:
``(e) Five-Year Plan.--(1) The Secretary of Defense shall prepare a
five-year plan for the program which establishes--
``(A) the overall manufacturing technology goals, milestones,
priorities, and investment strategy for the program; and
``(B) for each of the five fiscal years covered by the plan, the
objectives of, and funding for the program by, each military department
and each Defense Agency participating in the program.
``(2) The plan shall include an assessment of the effectiveness of
the program.
``(3) The plan shall be updated annually and shall be included in the
budget justification documents submitted in support of the budget of the
Department of Defense for a fiscal year (as included in the budget of
the President submitted to Congress under section 1105 of title 31).''.
(c) Deadline for First Plan.--The Secretary of Defense shall prepare
the first five-year plan required under section 2525(e) of such title,
as added by subsection (b), within 60 days after the date of the
enactment of this Act.
SEC. 212. REPORT ON OPERATIONAL FIELD ASSESSMENTS PROGRAM.
(a) Finding.--Congress recognizes the potential value that the
Department of Defense Operational Field Assessments program, which is
managed by the Director of Operational Test and Evaluation, provides to
the commanders of the Unified Combatant Commands with respect to
assessment of the effectiveness of near-term operational concepts and
critical operational issues in quick-response operational tests and
evaluations.
(b) Report.--Not later than March 30, 1998, the Secretary of Defense
shall submit to the congressional defense committees a report on the
Operational Field Assessments program.
(c) Content of Report.--The report shall contain the following:
(1) A review of the Operational Field Assessments program which
describes the goals and objectives of the program, assessments by the
program conducted as of the date of the submission of the report, and
the results of those assessments.
(2) A description of the current management and support structure of
the program within the Department of Defense, including a description of
how program responsibilities are assigned within the Office of the
Secretary of Defense and a description of the roles of the Joint Staff,
the commanders of the Unified Combatant Commands, and the military
departments.
(3) An analysis of and recommendations regarding the management
structure required within the Office of the Secretary of Defense to
ensure that the program is responsive to the mission needs of the
commanders of the Unified Combatant Commands.
(4) The funding plan for the program.
(5) A description of future plans for the program and funding
requirements for those plans.
(6) Recommendations regarding additional statutory authority that
may be required for the program.
SEC. 213. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than February 15, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report on
the options for the sequence in which the variants of the joint strike
fighter are to be produced and fielded.
(b) Content of Report.--The report shall contain the following:
(1) A review of the plan for production under the Joint Strike
Fighter program that was used by the Department of Defense for
developing the funding estimates for the fiscal year 1999 budget request
for the Department of Defense.
(2) An estimate of the costs, and an analysis of the costs and
benefits, of producing the joint strike fighter variants in a sequence
that provides for fielding of the naval variant of the aircraft first.
(3) A comparison of the costs and benefits of the various options
for the sequence for fielding the variants of the joint strike fighter
that the Secretary of Defense considers likely to be the options from
among which a sequence for fielding is selected, including a discussion
of the effects that selection of each such option would have on the
costs and rates of production of the units of F/A 18E/F and F 22
aircraft that are in production when the Joint Strike Fighter Program
proceeds into production.
(4) A certification that the Joint Strike Fighter Program contains
sufficient funding to carry out an alternate engine development program
that includes flight qualification of an alternate engine in a joint
strike fighter airframe.
(c) Limitation on Use of Funds Pending Submission of Report.--Not
more than 90 percent of the total amount authorized to be appropriated
under this Act for the Joint Strike Fighter Program may be obligated
until the date that is 30 days after the date on which the congressional
defense committees receive the report required under this section.
(d) Fiscal Year 1998 Budget Defined.--In this section, the term
``fiscal year 1999 budget request for the Department of Defense'' means
the budget estimates for the Department of Defense for fiscal year 1999
that were submitted to Congress by the Secretary of Defense in
connection with the submission of the budget for fiscal year 1998 to
Congress under section 1105 of title 31, United States Code.
SEC. 214. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY PROGRAM.
Of the funds authorized to be appropriated under section 201(4),
$37,500,000 shall be available for the kinetic energy tactical
anti-satellite technology program.
SEC. 215. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment of Micro-Satellite Technology Development
Program.--The Secretary of Defense shall restructure the Clementine 2
micro-satellite development program into a micro-satellite technology
development program that supports a range of space mission areas.
(b) Report.--Not later than February 15, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report
describing the structure and objectives of the micro-satellite
technology development program established under subsection (a) and how
the program can benefit existing or future space systems or
architectures.
SEC. 216. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--The total amount obligated or expended for advanced
concept technology demonstration under the High Altitude Endurance
Unmanned Vehicle Program for fiscal year 1998 through fiscal year 2003
may not exceed $476,826,000.
(b) Limitation on Procurement.--The Secretary of Defense may not
procure any high altitude endurance unmanned vehicles, other than the
currently planned vehicles, until the completion of the testing
identified in phase II of the test and demonstration plan for the
advanced concept technology demonstration for the vehicles.
(c) Limitation on Proceeding.--The High Altitude Endurance Unmanned
Vehicle Program may not proceed beyond advanced concept technology
demonstration until the Secretary of Defense--
(1) provides to Congress a firm unit cost (referred to in this
section as the ``fly away cost'') for each of the currently planned
vehicles; and
(2) certifies to Congress the military suitability and the worth of
each such vehicle.
(d) GAO Review.--(1) The Comptroller General shall review the High
Altitude Endurance Unmanned Vehicle Program for purposes of determining
whether the average fly away cost for each vehicle is within the cost
goal under the program of $10,000,000.
(2) The Secretary of Defense and the prime contractors under the High
Altitude Endurance Unmanned Vehicle Program shall provide the
Comptroller General with such information on the program as the
Comptroller considers necessary to make the determination under
paragraph (1).
(e) Currently Planned Vehicles.--In this section, the term
``currently planned vehicles'' means the four Dark Star air vehicles and
the five Global Hawk air vehicles that have been approved for
procurement by the Secretary of Defense as of the date of the enactment
of this Act.
SEC. 217. F 22 AIRCRAFT PROGRAM.
(a) Limitation on Total Cost of Engineering and Manufacturing
Development.--The total amount obligated or expended for engineering and
manufacturing development under the F 22 aircraft program may not exceed
$18,688,000,000.
(b) Limitation on Total Cost of Production.--The total amount
obligated or expended for the F 22 production program may not exceed
$43,400,000,000.
(c) Adjustment of Limitation Amounts.--The Secretary of the Air Force
shall adjust the amounts of the limitations set forth in subsections (a)
and (b) by the following amounts:
(1) The amounts of increases or decreases in costs attributable to
economic inflation after September 30, 1997.
(2) The amounts of increases or decreases in costs attributable to
compliance with changes in Federal, State, or local laws enacted after
September 30, 1997.
(d) Annual GAO Review.--(1) Not later than March 15 of each year, the
Comptroller General shall review the F 22 aircraft program and submit to
Congress a report on the results of the review. The Comptroller General
shall also submit to Congress for each report a certification regarding
whether the Comptroller General has had access to sufficient information
to make informed judgments on the matters covered by the report.
(2) The report submitted on the program each year shall include the
following:
(A) The extent to which engineering and manufacturing development
under the program is meeting the goals established for engineering and
manufacturing development under the program, including the performance,
cost, and schedule goals.
(B) The status of modifications expected to have a significant
effect on cost or performance of F 22 aircraft.
(C) The plan for engineering and manufacturing development (leading
to production) under the program for the fiscal year that begins in the
following year.
(D) A conclusion regarding whether the plan referred to in
subparagraph (C) is consistent with the limitation in subsection (a).
(E) A conclusion regarding whether engineering and manufacturing
development (leading to production) under the program is likely to be
completed at a total cost not in excess of the amount specified in
subsection (a).
(3) The Comptroller General shall submit the first report under this
subsection not later than March 15, 1998. No report is required under
this subsection after engineering and manufacturing development under
the program has been completed.
(e) Requirement To Support Annual GAO Review.--The Secretary of
Defense and the prime contractors under the F 22 aircraft program shall
provide the Comptroller General with such information on the program as
the Comptroller General considers necessary to carry out the
responsibilities under subsection (d).
(f) Limitation on Obligation of Funds.--Of the total amount
authorized to be appropriated for the F 22 aircraft program for a fiscal
year, not more than 90 percent of the amount may be obligated until the
Comptroller General submits to Congress--
(1) the report required to be submitted in that fiscal year under
subsection (d); and
(2) a certification regarding whether the Comptroller General has
had access to sufficient information to make informed judgments on the
matters covered by the report.
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. NATIONAL MISSILE DEFENSE PROGRAM.
(a) Program Structure.--To preserve the option of achieving an
initial operational capability in fiscal year 2003, the Secretary of
Defense shall ensure that the National Missile Defense Program is
structured and programmed for funding so as to support a test, in fiscal
year 1999, of an integrated national missile defense system that is
representative of the national missile defense system architecture that
could achieve initial operational capability in fiscal year 2003.
(b) Elements of NMD System.--The national missile defense system
architecture specified in subsection (a) shall consist of the following
elements:
(1) An interceptor system that optimizes defensive coverage of the
continental United States, Alaska, and Hawaii against limited ballistic
missile attack (whether accidental, unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and communications (BM/C 3).
(c) Plan for NMD System Development and Deployment.--Not later than
February 15, 1998, the Secretary of Defense shall submit to the
congressional defense committees a plan for the development and
deployment of a national missile defense system that could achieve
initial operational capability in fiscal year 2003. The plan shall
include the following matters:
(1) A detailed description of the system architecture selected for
development.
(2) A discussion of the justification for the selection of that
particular architecture.
(3) The Secretary's estimate of the amounts of the appropriations
that would be necessary for research, development, test, evaluation, and
for procurement for each of fiscal years 1999 through 2003 in order to
achieve an initial operational capability of the system architecture in
fiscal year 2003.
(4) For each activity necessary for the development and deployment
of the national missile defense system architecture selected by the
Secretary that would at some point conflict with the terms of the ABM
Treaty, if any--
(A) a description of the activity;
(B) a description of the point at which the activity would conflict
with the terms of the ABM Treaty;
(C) the legal analysis justifying the Secretary's determination
regarding the point at which the activity would conflict with the terms
of the ABM Treaty; and
(D) an estimate of the time at which such point would be reached in
order to achieve a test of an integrated missile defense system in
fiscal year 1999 and initial operational capability of such a system in
fiscal year 2003.
(d) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated under section 201(4), $978,091,000 shall be available for
the National Missile Defense Program.
(e) ABM Treaty Defined.--In this section, the term ``ABM Treaty''
means the Treaty Between the United States of America and the Union of
Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile
Systems, signed at Moscow on May 26, 1972, and includes the Protocol to
that treaty, signed at Moscow on July 3, 1974.
SEC. 232. BUDGETARY TREATMENT OF AMOUNTS FOR PROCUREMENT FOR
BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Requirement for Inclusion in Budget of BMDO.--(1) Chapter 9 of
title 10, United States Code, is amended by inserting after section 222
the following new section:
``224. Ballistic missile defense programs: display of amounts
for procurement
``(a) Requirement.--Any amount in the budget submitted to Congress
under section 1105 of title 31 for any fiscal year for procurement for a
Department of Defense missile defense program described in subsection
(b) shall be set forth under the account of the Department of Defense
for Defense-wide procurement and, within that account, under the
subaccount (or other budget activity level) for the Ballistic Missile
Defense Organization.
``(b) Covered Programs.--Subsection (a) applies to the following
missile defense programs of the Department of Defense:
``(1) The National Missile Defense program.
``(2) Any system that is part of the core theater missile defense
program.
``(3) Any other ballistic missile defense program that enters
production after the date of the enactment of this section and for which
research, development, test, and evaluation was carried out by the
Ballistic Missile Defense Organization.
``(c) Core Theater Ballistic Missile Defense Program.--For purposes
of this section, the core theater missile defense program consists of
the systems specified in section 234 of the Ballistic Missile Defense
Act of 1995 (10 U.S.C. 2431 note).''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 222 the following new
item:
``224. Ballistic missile defense programs: display of amounts for
procurement.''.
(b) Fiscal Year 1998 Funds.--(1) The Secretary of Defense shall
transfer to appropriations available to the Ballistic Missile Defense
Organization for procurement for fiscal year 1998 any amounts that are
appropriated for procurement for that fiscal year for any of the Armed
Forces by reason of the transference of certain programs to accounts of
the Army, Navy, Air Force, and Marine Corps pursuant to Program Budget
Decision 224C3, signed by the Under Secretary of Defense (Comptroller)
on December 23, 1996.
(2) Any transfer pursuant to paragraph (1) shall not be counted for
purposes of section 1001.
SEC. 233. COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM.
(a) Requirement for New Program Element.--The Secretary of Defense
shall establish a program element for the Ballistic Missile Defense
Organization, to be referred to as the ``Cooperative Ballistic Missile
Defense Program'', to support technical and analytical cooperative
efforts between the United States and other nations that contribute to
United States ballistic missile defense capabilities. Except as provided
in subsection (b), all international cooperative ballistic missile
defense programs of the Department of Defense shall be budgeted and
administered through that program element.
(b) Authority for Exceptions.--The Secretary of Defense may exclude
from the program element established pursuant to subsection (a) any
international cooperative ballistic missile defense program of the
Department of Defense that after the date of the enactment of this Act
is designated by the Secretary of Defense (pursuant to applicable
Department of Defense acquisition regulations and policy) to be managed
as a separate acquisition program.
(c) Relationship to Other Program Elements.--The program element
established pursuant to subsection (a) is in addition to the program
elements for activities of the Ballistic Missile Defense Organization
required under section 251 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 233; 10 U.S.C. 221
note).
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:
``203. Director of Ballistic Missile Defense Organization
``If an officer of the armed forces on active duty is appointed to
the position of Director of the Ballistic Missile Defense Organization,
the position shall be treated as having been designated by the President
as a position of importance and responsibility for purposes of section
601 of this title and shall carry the grade of lieutenant general or
general or, in the case of an officer of the Navy, vice admiral or
admiral.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``203. Director of Ballistic Missile Defense Organization.''.
SEC. 236. REPEAL OF REQUIRED DEPLOYMENT DATES FOR CORE THEATER
MISSILE DEFENSE PROGRAMS.
Section 234(a) of the Ballistic Missile Defense Act of 1995 (subtitle
C of title II of Public Law 104 106; 110 Stat. 229; 10 U.S.C. 2431 note)
is amended--
(1) in the matter preceding paragraph (1), by striking out ``, to be
carried out so as to achieve the specified capabilities'';
(2) in paragraph (1), by striking out ``, with a first unit equipped
(FUE) during fiscal year 1998'';
(3) in paragraph (2), by striking out ``Navy Lower Tier (Area)
system'' and all that follows through ``fiscal year 1999'' and inserting
in lieu thereof ``Navy Area Defense system'';
(4) in paragraph (3), by striking out ``, with a'' and all that
follows through ``fiscal year 2000''; and
(5) in paragraph (4), by striking out ``Navy Upper Tier'' and all
that follows through ``fiscal year 2001'' and inserting in lieu thereof
``Navy Theater Wide system''.
Subtitle D--Other Matters
SEC. 241. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM ORGANIZATIONS.
(a) National Ocean Research Leadership Council.--Section 7902 of
title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking out paragraphs (11), (14), (15), (16) and (17); and
(B) by redesignating paragraphs (12) and (13) as paragraphs (11) and
(12), respectively;
(2) by striking out subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), and (i) as
subsections (d), (e), (f), (g), and (h), respectively.
(b) Ocean Research Advisory Panel.--(1) The text of section 7903 of
such title is amended to read as follows:
``(a) Establishment.--The Council shall establish an Ocean Research
Advisory Panel consisting of not less than 10 and not more than 18
members appointed by the chairman, including the following:
``(1) One member who will represent the National Academy of Sciences.
``(2) One member who will represent the National Academy of
Engineering
``(3) One member who will represent the Institute of Medicine.
``(4) Members selected from among individuals who will represent the
views of ocean industries, State governments, academia, and such other
views as the chairman considers appropriate.
``(5) Members selected from among individuals eminent in the fields
of marine science or marine policy, or related fields.
``(b) Responsibilities.--The Council shall assign the following
responsibilities to the Advisory Panel:
``(1) To advise the Council on policies and procedures to implement
the National Oceanographic Partnership Program.
``(2) To advise the Council on selection of partnership projects and
allocation of funds for partnership projects for implementation under
the program.
``(3) To advise the Council on matters relating to national
oceanographic data requirements.
``(4) Any additional responsibilities that the Council considers
appropriate.
``(c) Funding.--The Secretary of the Navy annually shall make funds
available to support the activities of the Advisory Panel.''.
(2) Section 282(c) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2473) is amended by
striking out ``January 1, 1997'' and inserting in lieu thereof ``January
1, 1998''.
(c) Conforming Amendments.--Section 282 of the National Defense
Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall be effective as of September 23, 1996, as if included in section
282 of Public Law 104 201.
SEC. 242. MAINTENANCE AND REPAIR OF REAL PROPERTY AT AIR FORCE
INSTALLATIONS.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following new section:
``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. 243. EXPANSION OF ELIGIBILITY FOR THE DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 257 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337; U.S.C. 2358 note) is amended by adding at the
end the following new subsection:
``(f) State Defined.--In this section, the term `State' means a State
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
SEC. 244. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING
RADIATION DURING MILITARY SERVICE.
(a) Nuclear Test Personnel Program.--Of the amount provided in
section 201(4), $300,000 shall be available for testing described in
subsection (b) in support of the Nuclear Test Personnel Program
conducted by the Defense Special Weapons Agency.
(b) Covered Testing.--Subsection (a) applies to the third phase of
bioassay testing of individuals who are radiation-exposed veterans (as
defined in section 1112(c)(3)(A) of title 38, United States Code) who
participated in radiation-risk activities (as defined in section
1112(c)(3)(B) of such title).
SEC. 245. SENSE OF CONGRESS REGARDING COMANCHE PROGRAM.
It is the sense of Congress that the Department of Defense should--
(1) evaluate technology transfer and acquisition initiatives within
the Army Comanche program that have the potential to increase the
efficiency or reduce the risk of the Comanche program; and
(2) include adequate funding for those initiatives that the
Department deems to be meritorious in the future-years defense program
(as submitted to Congress under section 221 of title 10, United States
Code).
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1 A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training
Center, Fort Irwin, California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
SUBTITLE B--MILITARY READINESS ISSUES
Sec. 321. Monthly reports on allocation of funds within operation
and maintenance budget subactivities.
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority
readiness appropriations.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military
training or other readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation
and maintenance budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain
training exercises programs
Sec. 332. Report on overseas deployments.
SUBTITLE C--ENVIRONMENTAL PROVISIONS
Sec. 341. Revision of membership terms for Strategic Environmental
Research and Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with
other agencies in support of environmental technology certification.
Sec. 343. Modifications of authority to store and dispose of
nondefense toxic and hazardous materials.
Sec. 344. Annual report on payments and activities in response to
fines and penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the
Department of Defense overseas.
Sec. 346. Review of existing environmental consequences of the
presence of the Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed
Forces abroad for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental
restoration at Department of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental
technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission
reduction incentives.
SUBTITLE D--DEPOT-LEVEL ACTIVITIES
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and
repair that may be contracted for performance by non-government
personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in
contracting for performance of depot-level maintenance and repair
workloads formerly performed at closed or realigned military
installations.
Sec. 360. Clarification of prohibition on management of depot
employees by constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level
maintenance and repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army
Workload and Performance System.
Sec. 365. Report on allocation of core logistics activities among
Department of Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship
repair and maintenance.
Sec. 367. Sense of Congress regarding realignment of performance
of ground communication-electronic workload.
SUBTITLE E--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 371. Reorganization of laws regarding commissaries and
exchanges and other morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store
activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces
Recreation Center, Europe.
Sec. 376. Plan for use of public and private partnerships to
benefit morale, welfare, and recreation activities.
SUBTITLE F--OTHER MATTERS
Sec. 381. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 382. Center for Excellence in Disaster Management and
Humanitarian Assistance.
Sec. 383. Applicability of Federal printing requirements to
Defense Automated Printing Service.
Sec. 384. Study and notification requirements for conversion of
commercial and industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on
converted services and functions.
Sec. 386. Financial assistance to support additional duties
assigned to Army National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to
identify overpayments made to vendors.
Sec. 389. Development of standard forms regarding performance work
statement and request for proposal for conversion of certain operational
functions of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within
Department of Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $17,174,589,000.
(2) For the Navy, $21,947,656,000.
(3) For the Marine Corps, $2,424,645,000.
(4) For the Air Force, $19,172,985,000.
(5) For Defense-wide activities, $10,242,607,000.
(6) For the Army Reserve, $1,207,981,000.
(7) For the Naval Reserve, $846,711,000.
(8) For the Marine Corps Reserve, $116,366,000.
(9) For the Air Force Reserve, $1,631,200,000.
(10) For the Army National Guard, $2,311,432,000.
(11) For the Air National Guard, $2,999,782,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For the United States Court of Appeals for the Armed Forces,
$6,952,000.
(14) For Environmental Restoration, Army, $375,337,000.
(15) For Environmental Restoration, Navy, $275,500,000.
(16) For Environmental Restoration, Air Force, $376,900,000.
(17) For Environmental Restoration, Defense-wide, $26,900,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$202,300,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$47,130,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $666,882,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(22) For Medical Programs, Defense, $9,957,782,000.
(23) For Cooperative Threat Reduction programs, $382,200,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,253,900,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $971,952,000.
(2) For the National Defense Sealift Fund, $1,059,948,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1998
from the Armed Forces Retirement Home Trust Fund the sum of $79,977,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1998,
out of funds in Fisher House Trust Funds not otherwise appropriated, for
the operation of Fisher houses described in section 2221(d) of title 10,
United States Code, as follows:
(1) From the Fisher House Trust Fund, Department of the Army,
$250,000 for Fisher houses that are located in proximity to medical
treatment facilities of the Army.
(2) From the Fisher House Trust Fund, Department of the Navy,
$150,000 for Fisher houses that are located in proximity to medical
treatment facilities of the Navy.
SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and
the same period as, the amounts in the accounts to which transferred;
and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer authority
provided in this section is in addition to the transfer authority
provided in section 1001.
SEC. 306. REFURBISHMENT OF M1 A1 TANKS.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $35,000,000 shall be
available only for refurbishment of M1 A1 tanks under the AIM XXI
program if the Secretary of Defense determines that the cost
effectiveness of the pilot AIM XXI program is validated through user
trials conducted at the National Training Center, Fort Irwin,
California.
SEC. 307. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING
CENTER, FORT IRWIN, CALIFORNIA.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $60,200,000 shall be
available only to pay costs associated with the operation of the
prepositioned fleet of equipment during training rotations at the
National Training Center, Fort Irwin, California.
SEC. 308. REFURBISHMENT AND INSTALLATION OF AIR SEARCH RADAR.
Of the amount authorized to be appropriated pursuant to section
301(2) for operation and maintenance for the Navy, $6,000,000 may be
available for the refurbishment and installation of the AN/SPS 48E air
search radar for the Ship Self Defense System at the Integrated Ship
Defense Systems Engineering Center, Naval Surface Warfare Center,
Wallops Islands, Virginia.
SEC. 309. CONTRACTED TRAINING FLIGHT SERVICES.
Of the amount authorized to be appropriated pursuant to section
301(4) for operation and maintenance for the Air Force, $12,000,000 may
be used for contracted training flight services.
SEC. 310. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
(b) Specific Programs.--Of the amounts made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1998 for the
purpose of carrying out programs sponsored by eligible entities referred
to in subparagraph (D) of section 2411(1) of title 10, United States
Code, that provide procurement technical assistance in distressed areas
referred to
in subparagraph (B) of section 2411(2) of such title. If there
is an insufficient number of satisfactory proposals for cooperative
agreements in such distressed areas to allow effective use of the funds
made available in accordance with this subsection in such areas, the
funds shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such title.
SEC. 311. OPERATION OF FORT CHAFFEE, ARKANSAS.
Of the amount authorized to be appropriated pursuant to section
301(10) for operation and maintenance for the Army National Guard,
$6,854,000 may be available for the operation of Fort Chaffee, Arkansas.
Subtitle B--Military Readiness Issues
SEC. 321. MONTHLY REPORTS ON ALLOCATION OF FUNDS WITHIN
OPERATION AND MAINTENANCE BUDGET SUBACTIVITIES.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``228. Monthly reports on allocation of funds within operation
and maintenance budget subactivities
``(a) Monthly Report.--The Secretary of Defense shall submit to
Congress a monthly report on the allocation of appropriations to O&M
budget activities and to the subactivities of those budget activities.
Each such report shall be submitted not later than 60 days after the end
of the month to which the report pertains.
``(b) Matters To Be Included.--Each such report shall set forth the
following for each subactivity of the O&M budget activities:
``(1) The amount of budget authority appropriated for that
subactivity in the most recent regular Department of Defense
Appropriations Act.
``(2) The amount of budget authority actually made available for
that subactivity, taking into consideration supplemental appropriations,
rescissions, and other adjustments required by law or made pursuant to
law.
``(3) The amount programmed to be expended from such subactivity.
``(c) Identification of Certain Fluctuations.--(1) If, in the report
under this section for a month of a fiscal year after the first month of
that fiscal year, an amount shown under subsection (b) for a subactivity
is different by more than $15,000,000 from the corresponding amount for
that subactivity in the report for the first month of that fiscal year,
the Secretary shall include in the report notice of that difference.
``(2) If, in the report under this section for a month of a fiscal
year after a month for which the report under this section includes a
notice under paragraph (1), an amount shown under subsection (b) for a
subactivity is different by more than $15,000,000 from the corresponding
amount for that subactivity in the most recent report that includes a
notice under paragraph (1) or this paragraph, the Secretary shall
include in the report notice of that difference.
``(d) Report on Fluctuations.--If a report under this section
includes a notice under subsection (c), the Secretary shall include in
the report with each such notice the following:
``(1) The reasons for the reallocations of funds resulting in the
inclusion of that notice in the report.
``(2) Each budget subactivity involved in those reallocations.
``(3) The effect of those reallocations on the operation and
maintenance activities funded through the subactivity with respect to
which the notice is included in the report.
``(e) O&M Budget Activity Defined.--For purposes of this section, the
term `O&M budget activity' means a budget activity within an operation
and maintenance appropriation of the Department of Defense for a fiscal
year.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``228. Monthly reports on allocation of funds within operation and
maintenance budget subactivities.''.
(b) Effective Date.--The first report under section 228 of title 10,
United States Code, as added by subsection (a), shall be for the month
of December 1997.
SEC. 322. EXPANSION OF SCOPE OF QUARTERLY READINESS REPORTS.
(a) Expanded Reports Required.--(1) Section 482 of title 10, United
States Code, is amended to read as follows:
``482. Quarterly reports: personnel and unit readiness
``(a) Quarterly Reports Required.--Not later than 30 days after the
end of each calendar-year quarter, the Secretary of Defense shall submit
to Congress a report regarding military readiness. The report for a
quarter shall contain the information required by subsections (b), (d),
and (e).
``(b) Readiness Problems and Remedial Actions.--Each report shall
specifically describe--
``(1) each readiness problem and deficiency identified using the
assessments considered under subsection (c);
``(2) planned remedial actions; and
``(3) the key indicators and other relevant information related to
each identified problem and deficiency.
``(c) Consideration of Readiness Assessments.--The information
required under subsection (b) to be included in the report for a quarter
shall be based on readiness assessments that are provided during that
quarter--
``(1) to any council, committee, or other body of the Department of
Defense--
``(A) that has responsibility for readiness oversight; and
``(B) whose membership includes at least one civilian officer in the
Office of the Secretary of Defense at the level of Assistant Secretary
of Defense or higher;
``(2) by senior civilian and military officers of the military
departments and the commanders of the unified and specified commands;
and
``(3) as part of any regularly established process of periodic
readiness reviews for the Department of Defense as a whole.
``(d) Comprehensive Readiness Indicators for Active Components.--Each
report shall also include information regarding each of the active
components of the armed forces (and an evaluation of such information)
with respect to each of the following readiness indicators:
``(1) Personnel strength.--
``(A) Personnel status, including the extent to which members of the
armed forces are serving in positions outside of their military
occupational specialty, serving in grades other than the grades for
which they are qualified, or both.
``(B) Historical data and projected trends in personnel strength and
status.
``(2) Personnel turbulence.--
``(A) Recruit quality.
``(B) Borrowed manpower.
``(C) Personnel stability.
``(3) Other personnel matters.--
``(A) Personnel morale.
``(B) Recruiting status.
``(4) Training.--
``(A) Training unit readiness and proficiency.
``(B) Operations tempo.
``(C) Training funding.
``(D) Training commitments and deployments.
``(5) Logistics--equipment fill.--
``(A) Deployed equipment.
``(B) Equipment availability.
``(C) Equipment that is not mission capable.
``(D) Age of equipment.
``(E) Condition of nonpacing items.
``(6) Logistics--equipment maintenance.--
``(A) Maintenance backlog.
``(7) Logistics--supply.--
``(A) Availability of ordnance and spares.
``(B) Status of prepositioned equipment.
``(e) Unit Readiness Indicators.--Each report shall also include
information regarding the readiness of each active component unit of the
armed forces at the battalion, squadron, or an equivalent level (or a
higher level) that received a readiness rating of C 3 (or below) for any
month of the calendar-year quarter covered by the report. With respect
to each such unit, the report shall separately provide the following
information:
``(1) The unit designation and level of organization.
``(2) The overall readiness rating for the unit for the quarter and
each month of the quarter.
``(3) The resource area or areas (personnel, equipment and supplies
on hand, equipment condition, or training) that adversely affected the
unit's readiness rating for the quarter.
``(4) The reasons why the unit received a readiness rating of C 3
(or below).
``(f) Classification of Reports.--A report under this section shall
be submitted in unclassified form. To the extent the Secretary of
Defense determines necessary, the report may also be submitted in
classified form.''.
(2) The item relating to section 482 in the table of sections at the
beginning of chapter 23 of such title is amended to read as follows:
``482. Quarterly reports: personnel and unit readiness.''.
(b) Implementation Plan To Examine Readiness Indicators.--Not later
than January 15, 1998, the Secretary of Defense shall submit to the
congressional defense committees a plan--
(1) specifying the manner in which the Secretary will implement the
additional reporting requirement of subsection (d) of section 482 of
title 10, United States Code, as added by this section; and
(2) specifying the criteria proposed to be used to evaluate the
readiness indicators identified in such subsection (d).
(c) Limitation Pending Receipt of Implementation Plan.--Of the amount
available for fiscal year 1998 for operation and support activities of
the Office of the Secretary of Defense, 10 percent may not be obligated
until after the date on which the implementation plan required by
subsection (b) is submitted.
(d) Transition to Complete Report.--Until the report under section
482 of title 10, United States Code, as amended by subsection (a), for
the third quarter of 1998 is submitted, the Secretary of Defense may
omit the information required by subsection (d) of such section if the
Secretary determines that it is impracticable to comply with such
subsection with regard to the preceding reports.
SEC. 323. SEMIANNUAL REPORTS ON TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
(a) Reports Required.--Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:
``483. Reports on transfers from high-priority readiness appropriations
``(a) Annual Reports.--Not later than the date on which the President
submits the budget for a fiscal year to Congress pursuant to section
1105 of title 31, the Secretary of Defense shall submit to the Committee
on Armed Services and the Committee on Appropriations of the Senate and
the Committee on National Security and the Committee on Appropriations
of the House of Representatives a report on transfers during the
preceding fiscal year from funds available for each covered budget
activity.
``(b) Midyear Reports.--Not later than June 1 of each fiscal year,
the Secretary of Defense shall submit to the congressional committees
specified in subsection (a) a report on
transfers, during the first six months of that fiscal year,
from funds available for each covered budget activity.
``(c) Matters To Be Included.--In each report under subsection (a) or
(b), the Secretary of Defense shall include for each covered budget
activity the following:
``(1) A statement, for the period covered by the report, of--
``(A) the total amount of transfers into funds available for that
activity;
``(B) the total amount of transfers from funds available for that
activity; and
``(C) the net amount of transfers into, or out of, funds available
for that activity.
``(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. 324. ANNUAL REPORT ON AIRCRAFT INVENTORY.
(a) Annual Report Required.--(1) Chapter 23 of title 10, United
States Code, is amended by inserting after section 483, as added by
section 323, the following new section:
``484. Annual report on aircraft inventory
``(a) Annual Report.--The Under Secretary of Defense (Comptroller)
shall submit to Congress each year a report on the aircraft in the
inventory of the Department of Defense. The Under Secretary shall submit
the report when the President submits the budget to Congress under
section 1105(a) of title 31.
``(b) Content.--The report shall set forth, in accordance with
subsection (c), the following information:
``(1) The total number of aircraft in the inventory.
``(2) The total number of the aircraft in the inventory that are
active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated test
aircraft, and other aircraft):
``(A) Primary aircraft.
``(B) Backup aircraft.
``(C) Attrition and reconstitution reserve aircraft.
``(3) The total number of the aircraft in the inventory that are
inactive, stated in the following categories:
``(A) Bailment aircraft.
``(B) Drone aircraft.
``(C) Aircraft for sale or other transfer to foreign governments.
``(D) Leased or loaned aircraft.
``(E) Aircraft for maintenance training.
``(F) Aircraft for reclamation.
``(G) Aircraft in storage.
``(4) The aircraft inventory requirements approved by the Joint
Chiefs of Staff.
``(c) Display of Information.--The report shall specify the
information required by subsection (b) separately for the active
component of each armed force and for each reserve component of each
armed force and, within the information set forth for each such
component, shall specify the information separately for each type,
model, and series of aircraft provided for in the future-years defense
program submitted to Congress.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 483, as added by section
323, the following new item:
``484. Report on aircraft inventory.''.
(b) Special Submission Date for First Report.--The Under Secretary of
Defense (Comptroller) shall submit the first report required under
section 484 of title 10, United States Code (as added by subsection
(a)), not later than January 30, 1998.
(c) Modification of Budget Data Exhibits.--The Under Secretary of
Defense (Comptroller) shall ensure that aircraft budget data exhibits of
the Department of Defense that are submitted to Congress display total
numbers of active aircraft where numbers of primary aircraft or primary
authorized aircraft are displayed in those exhibits.
SEC. 325. ADMINISTRATIVE ACTIONS ADVERSELY AFFECTING MILITARY
TRAINING OR OTHER READINESS ACTIVITIES.
(a) Congressional Notification.--Chapter 101 of title 10, United
States Code, is amended by adding at the end the following new section:
``2014. Administrative actions adversely affecting military
training or other readiness activities
``(a) Congressional Notification.--Whenever an official of an
Executive agency takes or proposes to take an administrative action
that, as determined by the Secretary of Defense
in consultation with the Chairman of the Joint Chiefs of
Staff, affects training or any other readiness activity in a manner that
has or would have a significant adverse effect on the military readiness
of any of the armed forces or a critical component thereof, the
Secretary shall submit a written notification of the action and each
significant adverse effect to the head of the Executive agency taking or
proposing to take the administrative action. At the same time, the
Secretary shall transmit a copy of the notification to the President,
the Committee on Armed Services of the Senate, and the Committee on
National Security of the House of Representatives.
``(b) Notification To Be Prompt.--(1) Subject to paragraph (2), the
Secretary shall submit a written notification of an administrative
action or proposed administrative action required by subsection (a) as
soon as possible after the Secretary becomes aware of the action or
proposed action.
``(2) The Secretary shall prescribe policies and procedures to ensure
that the Secretary receives information on an administrative action or
proposed administrative action described in subsection (a) promptly
after Department of Defense personnel receive notice of such an action
or proposed action.
``(c) Consultation Between Secretary and Head of Executive
Agency.--Upon notification with respect to an administrative action or
proposed administrative action under subsection (a), the head of the
Executive agency concerned shall--
``(1) respond promptly to the Secretary; and
``(2) consistent with the urgency of the training or readiness
activity involved and the provisions of law under which the
administrative action or proposed administrative action is being taken,
seek to reach an agreement with the Secretary on immediate actions to
attain the objective of the administrative action or proposed
administrative action in a manner which eliminates or mitigates the
adverse effects of the administrative action or proposed administrative
action upon the training or readiness activity.
``(d) Moratorium.--(1) Subject to paragraph (2), upon notification
with respect to an administrative action or proposed administrative
action under subsection (a), the administrative action or proposed
administrative action shall cease to be effective with respect to the
Department of Defense until the earlier of--
``(A) the end of the five-day period beginning on the date of the
notification; or
``(B) the date of an agreement between the head of the Executive
agency concerned and the Secretary as a result of the consultations
under subsection (c).
``(2) Paragraph (1) shall not apply with respect to an administrative
action or proposed administrative action if the head of the Executive
agency concerned determines that the delay in enforcement of the
administrative action or proposed administrative action will pose an
actual threat of an imminent and substantial endangerment to public
health or the environment.
``(e) Effect of Lack of Agreement.--(1) If the head of an Executive
agency and the Secretary do not enter into an agreement under subsection
(c)(2), the Secretary shall submit a written notification to the
President who shall take final action on the matter.
``(2) Not later than 30 days after the date on which the President
takes final action on a matter under paragraph (1), the President shall
submit to the committees referred to in subsection (a) a notification of
the action.
``(f) Limitation on Delegation of Authority.--The head of an
Executive agency may not delegate any responsibility under this section.
``(g) Definition.--In this section, the term `Executive agency' has
the meaning given such term in section 105 of title 5, except that the
term does not include the General Accounting Office.''.
(b) Clerical Amendment.--The table of sections of the beginning of
such chapter is amended by adding at the end the following new item:
``2014. Administrative actions adversely affecting military
training or other readiness activities.''.
SEC. 326. COMMON MEASUREMENT OF OPERATIONS TEMPO AND PERSONNEL TEMPO.
(a) Means for Measurement.--The Chairman of the Joint Chiefs of Staff
shall, to the maximum extent practicable, develop (1) a common means of
measuring the operations tempo (OPTEMPO) of each of the Armed Forces,
and (2) a common means of measuring the personnel tempo (PERSTEMPO) of
each of the Armed Forces. The Chairman shall consult with the other
members of the Joint Chiefs of Staff in developing those common means of
measurement.
(b) Perstempo Measurement.--The measurement of personnel tempo
developed by the Chairman shall include a means of identifying the rate
of deployment for individual members of the Armed Forces in addition to
the rate of deployment for units.
SEC. 327. INCLUSION OF AIR FORCE DEPOT MAINTENANCE AS
OPERATION AND MAINTENANCE BUDGET LINE ITEMS.
For fiscal year 1999 and each fiscal year thereafter, Air Force
depot-level maintenance of materiel shall be displayed as one or more
separate line items under each subactivity within the authorization
request for operation and maintenance, Air Force, in the proposed budget
for that fiscal year submitted to Congress pursuant to section 1105 of
title 31, United States Code.
SEC. 328. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM.
(a) Prohibition.--The Secretary of a military department may not
implement, or be required to implement, a new readiness system for units
of the Armed Forces (as outlined in sections 329 and 330), under which a
military unit would be categorized into one of several categories (known
as ``tiers'') according to the likelihood that the unit will be required
to respond to a military conflict and the time in which the unit will be
required to respond, if that system would have the effect of changing
the methods used as of October 1, 1996, by the Armed Forces under the
jurisdiction of that Secretary for determining the priorities for
allocating to such military units funding, personnel, equipment,
equipment maintenance, and training resources, and the associated levels
of readiness of those units that result from those priorities.
(b) Report to Congress Requesting Waiver.--If the Secretary of
Defense determines, following the review required by sections 329 and
330 (or any similar review), that implementation for one or more of the
Armed Forces of a tiered readiness system that is prohibited by
subsection (a) would be in the national security interests of the United
States, the Secretary shall submit to Congress a report setting forth
that determination, together with the rationale for that determination,
and a request for the enactment of legislation to allow implementation
of such a system.
(c) Rule of Construction.--Nothing in subsection (a) is intended to
preclude the Secretary of Defense from taking necessary actions to
maintain the combat preparedness of the active and reserve components of
the Armed Forces.
SEC. 329. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED FORCES.
(a) Requirement for Report.--Not later than January 31, 1998, the
Chairman of the Joint Chiefs of Staff shall submit to the congressional
defense committees a report on the military readiness requirements of
the active and reserve components of the Armed Forces (including combat
units, combat support units, and combat service support units). The
report shall assess such requirements under a tiered readiness and
response system that categorizes a given unit according to the
likelihood that it will be required to respond to a military conflict
and the time within which it will be required to respond.
(b) Preparation by JCS and Commanders of Unified Commands.--The
report required by subsection (a) shall be prepared jointly by the
Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, the commander of the Special Operations
Command, and the commanders of the other unified commands.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario that is based on the following assumptions:
(1) That the Armed Forces of the United States must be capable of--
(A) fighting and winning, in concert with allies, two major theater
wars nearly simultaneously; and
(B) deterring or defeating a strategic attack on the United States.
(2) That the forces available for deployment are the forces included
in the force structure recommended in the Quadrennial Defense Review,
including all other planned force enhancements.
(d) Assessment Elements.--(1) The report shall identify, by unit
type, all major units of the active and reserve components of the Armed
Forces and assess the readiness requirements of the units. Each
identified unit shall be categorized within one of the following
classifications:
(A) Forward-deployed and crisis response forces, or ``Tier I''
forces, that possess limited internal sustainment capability and do not
require immediate access to regional air bases or ports or overflight
rights, including the following:
(i) Force units that are deployed in rotation at sea or on land
outside the United States.
(ii) Combat-ready crises response forces that are capable of
mobilizing and deploying within 10 days after receipt of orders.
(iii) Forces that are supported by prepositioning equipment afloat
or are capable of being inserted into a theater upon the capture of a
port or airfield by forcible entry forces.
(B) Combat-ready follow-on forces, or ``Tier II'' forces, that can
be mobilized and deployed to a theater within approximately 60 days
after receipt of orders.
(C) Combat-ready conflict resolution forces, or ``Tier III'' forces,
that can be mobilized and deployed to a theater within approximately 180
days after receipt of orders.
(D) All other active and reserve component force units which are not
categorized within a classification described in subparagraph (A), (B),
or (C).
(2) For the purposes of paragraph (1), the following units are major
units:
(A) In the case of the Army or Marine Corps, a brigade and a
battalion.
(B) In the case of the Navy, a squadron of aircraft, a ship, and a
squadron of ships.
(C) In the case of the Air Force, a squadron of aircraft.
(e) Projection of Savings for Use for Modernization.--The report
shall include a projection for fiscal years 1998 through 2003 of the
amounts of the savings in operation and maintenance funding that--
(1) could be derived by each of the Armed Forces by placing as many
units as is practicable into the lower readiness categories among the
tiers; and
(2) could be made available for force modernization.
(f) Form of Report.--The report under this section shall be submitted
in unclassified form, but may contain a classified annex.
(g) Planned Force Enhancement Defined.--In this section, the term
``planned force enhancement'', with respect to the force structure
recommended in the Quadrennial Defense Review, means any future
improvement in the capability of the force (including current strategic
and future improvement in strategic lift capability) that is assumed in
the development of the recommendation for the force structure set forth
in the Quadrennial Defense Review.
SEC. 330. ASSESSMENT OF CYCLICAL READINESS POSTURE OF THE ARMED FORCES.
(a) Requirement.--(1) Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the readiness posture of the Armed Forces described in
subsection (b).
(2) The Secretary shall prepare the report required under paragraph
(1) with the assistance of the Joint Chiefs of Staff. In providing such
assistance, the Chairman of the Joint Chiefs of Staff shall consult with
the Chief of the National Guard Bureau.
(b) Readiness Posture.--(1) The readiness posture to be covered by
the report under subsection (a) is a readiness posture for units of the
Armed Forces, or for designated units of the Armed Forces, that provides
for a rotation of such units between a state of high readiness and a
state of low readiness.
(2) As part of the evaluation of the readiness posture described in
paragraph (1), the report shall address in particular a readiness
posture that--
(A) establishes within the Armed Forces two equivalent forces each
structured so as to be capable of fighting and winning a major theater
war; and
(B) provides for an alternating rotation of such forces between a
state of high readiness and a state of low readiness.
(3) The evaluation of the readiness posture described in paragraph
(2) shall be based upon assumptions permitting comparison with the
existing force structure as follows:
(A) That there are assembled from among the units of the Armed
Forces two equivalent forces each structured so as to be capable of
fighting and winning a major theater war.
(B) That each force referred to in subparagraph (A) includes--
(i) four active Army divisions, including one mechanized division,
one armored division, one light infantry division, and one division
combining airborne units and air assault units, and appropriate support
and service support units for such divisions;
(ii) six divisions (or division equivalents) of the Army National
Guard or the Army Reserve that are essentially equivalent in structure,
and appropriate support and service support units for such divisions;
(iii) six aircraft carrier battle groups;
(iv) six active Air Force fighter wings (or fighter wing equivalents);
(v) four Air Force reserve fighter wings (or fighter wing
equivalents); and
(vi) one active Marine Corps expeditionary force.
(C) That each force may be supplemented by critical units or units
in short supply, including heavy bomber units, strategic lift units, and
aerial reconnaissance units, that are not subject to the readiness
rotation otherwise assumed for purposes of the evaluation or are subject
to the rotation on a modified basis.
(D) That units of the Armed Forces not assigned to a force are
available for operations other than those essential to fight and win a
major theater war, including peace operations.
(E) That the state of readiness of each force alternates between a
state of high readiness and a state of low readiness on a frequency
determined by the Secretary (but not more often than once every six
months) and with only one force at a given state of readiness at any one
time.
(F) That, during the period of state of high readiness of a force,
any operations or activities (including leave and education and training
of personnel) that detract from the near-term wartime readiness of the
force are temporary and their effects on such state of readiness
minimized.
(G) That units are assigned overseas during the period of state of
high readiness of the force to which the units are assigned primarily on
a temporary duty basis.
(H) That, during the period of high readiness of a force, the
operational war plans for the force incorporate the divisions (or
division equivalents) of the Army Reserve or Army National Guard
assigned to the force in a manner such that one such division (or
division equivalent) is, on a rotating basis for such divisions (or
division equivalents)
during the period, maintained in a high state of readiness and
dedicated as the first reserve combat division to be transferred
overseas in the event of a major theater war.
(c) Report Elements.--The report under this section shall include the
following elements for the readiness posture described in subsection
(b)(2):
(1) An estimate of the range of cost savings achievable over the
long term as a result of implementing the readiness posture, including--
(A) the savings achievable from reduced training levels and
readiness levels during periods in which a force referred to in
subsection (b)(3)(A) is in a state of low readiness; and
(B) the savings achievable from reductions in costs of
infrastructure overseas as a result of reduced permanent change of
station rotations.
(2) An assessment of the potential risks associated with a lower
readiness status for units assigned to a force in a state of low
readiness under the readiness posture, including the risks associated
with the delayed availability of such units overseas in the event of two
nearly simultaneous major theater wars.
(3) An assessment of the potential risks associated with requiring
the forces under the readiness posture to fight a major war in any
theater worldwide.
(4) An assessment of the modifications of the current force
structure of the Armed Forces that are necessary to achieve the range of
cost savings estimated under paragraph (1), including the extent of the
diminishment, if any, of the military capabilities of the Armed Forces
as a result of the modifications.
(5) An assessment whether or not the risks of diminished military
capability associated with implementation of the readiness posture
exceed the risks of diminished military capability associated with the
modifications of the current force structure necessary to achieve cost
savings equivalent to the best case for cost savings resulting from the
implementation of the readiness posture.
(d) Form of Report.--The report under this section shall be submitted
in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) The term ``state of high readiness'', in the case of a military
force, means the capability to mobilize first-to-arrive units of the
force within 18 hours and last-to-arrive units within 120 days of a
particular event.
(2) The term ``state of low readiness'', in the case of a military
force, means the capability to mobilize first-to-arrive units within 90
days and last-to-arrive units within 180 days of a particular event.
SEC. 331. REPORT ON MILITARY EXERCISES CONDUCTED UNDER CERTAIN
TRAINING EXERCISES PROGRAMS
(a) Report.--Not later than February 16, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report on the military exercises conducted by the Department of Defense
during fiscal years 1995, 1996, and 1997 and the military exercises
planned to be conducted during fiscal years 1998, 1999, and 2000, under
the following training exercises programs:
(1) The program known as the ``CJCS Exercise Program''.
(2) The program known as the ``Partnership for Peace program``.
(3) The Cooperative Threat Reduction programs.
(b) Information on Exercises Conducted or To Be Conducted.--The
report under subsection (a) shall include the following information for
each exercise included in the report, which shall be set forth by fiscal
year and shown within the fiscal year by the sponsoring command:
(1) Name of the exercise.
(2) Type, description, duration, and objectives of the exercise.
(3) Participating units, including the number of personnel
participating in each unit.
(4) For each participating unit, the percentage of the tasks on that
unit's specification of tasks (known as a mission essential task list)
or a comparable specification (in the case of any of the Armed Forces
not maintaining a mission essential task list designation) that were
performed or are scheduled to be performed as part of the exercise.
(5) The cost of the exercise paid or to be paid out of funds
available to the Chairman of the Joint Chiefs of Staff and the cost to
each of the Armed Forces participating in the exercise, with a
description of the categories of activities for which those costs are
incurred in each such case.
(6) In the case of each planned exercise, the priority of the
exercise in relation to all other exercises planned by the sponsoring
command to be conducted during that fiscal year.
(7) In the case of an exercise conducted or to be conducted in a
foreign country or with military personnel of a foreign country, the
military forces of the foreign country that participated or will
participate in the exercise.
(c) Assessment.--The report under subsection (a) shall include--
(1) an assessment of the ability of each of the Armed Forces to meet
requirements of the training exercises programs specified in subsection
(a);
(2) an assessment of the training value of each exercise covered in
the report to each unit of the Armed Forces participating in the
exercise, including for each such unit an assessment of the value of the
percentage under subsection (b)(4) as an indicator of the training value
of the exercise for that unit;
(3) options to minimize the negative effects on operational and
personnel tempo resulting from the training exercises programs; and
(4) in the case of exercises to be conducted in a foreign country or
with military personnel of a foreign country--
(A) an assessment of the training value of each exercise covered in
the report to the foreign countries involved and the extent to which the
exercise enhances the readiness capabilities of all military forces
involved in the exercise (both United States and foreign); and
(B) an assessment of the benefits to be derived through enhanced
military-to-military relationships between the United States and foreign
countries.
(d) Funding Limitation Pending Receipt of Report.--Of the funds
available for fiscal year 1998 for the conduct of the CJCS Exercise
Program, not more than 90 percent may be expended before the date on
which the report required under subsection (a) is submitted.
SEC. 332. REPORT ON OVERSEAS DEPLOYMENTS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the deployments overseas of members of the Armed Forces (other than
the Coast Guard). The report shall describe the deployments as of June
30, 1996, and as of June 30, 1997.
(b) Elements.--The report shall include the following, shown as of
each date specified in subsection (a) and shown for the Armed Forces in
the aggregate and separately for each of the Armed Forces:
(1) The number of military personnel deployed overseas pursuant to a
permanent duty assignment, shown in the aggregate and by country or
ocean to which deployed.
(2) The number of military personnel deployed overseas pursuant to a
temporary duty assignment, including--
(A) the number engaged in training with units of a single military
department;
(B) the number engaged in United States military joint exercises; and
(C) the number engaged in training with allied units.
(3) The number of military personnel deployed overseas who were
engaged in contingency operations (including peacekeeping or
humanitarian assistance missions) or other activities (other than those
personnel covered by paragraphs (1) and (2)).
Subtitle C--Environmental Provisions
SEC. 341. REVISION OF MEMBERSHIP TERMS FOR STRATEGIC
ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM SCIENTIFIC ADVISORY
BOARD.
Section 2904(b)(4) of title 10, United States Code, is amended by
striking out ``three'' and inserting in lieu thereof ``not less than two
and not more than four''.
SEC. 342. AMENDMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS
WITH OTHER AGENCIES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
(a) Authority To Enter Into Agreements With Indian Tribes.--Section
327 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104 201; 110 Stat. 2483; 10 U.S.C. 2702 note) is amended--
(1) in subsection (a), by inserting ``, or with an Indian tribe,''
after ``with an agency of a State or local government'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection:
``(e) Definition.--In this section, the term `Indian tribe' has the
meaning given that term by section 101(36) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(36)).''.
(b) Elimination of Certain Limitation on Authority.--Subsection
(b)(1) of such section is amended by striking out ``in carrying out its
environmental restoration activities''.
(c) Additional Report Information.--Subsection (d) of such section is
amended by adding at the end the following:
``(5) A statement of the funding that will be required to meet
commitments made to State and local governments and Indian tribes under
such agreements entered into during the fiscal year preceding the fiscal
year in which the report is submitted.
``(6) A description of any cost-sharing arrangement under any such
agreements.''.
(d) Guidelines for Reimbursement and Cost-Sharing.--Not later than 90
days after the date of enactment of this Act, the Secretary of Defense
shall submit to Congress a report setting forth the guidelines
established by the Secretary for reimbursement of State and local
governments, and for cost-sharing between the Department of Defense,
such governments, and vendors, under cooperative agreements entered into
under such section 327.
(e) Effective Date.--The amendments made by this section shall take
effect 30 days after the date on which the report required by subsection
(d) is submitted to Congress.
SEC. 343. MODIFICATIONS OF AUTHORITY TO STORE AND DISPOSE OF
NONDEFENSE TOXIC AND HAZARDOUS MATERIALS.
(a) Storage of Materials Owned by Members and Dependents.--Subsection
(a)(1) of section 2692 of title 10, United States Code, is amended by
striking out ``by the Department of Defense.'' and inserting in lieu
thereof the following: ``either by the Department of Defense or by a
member of the armed forces (or a dependent of the member) assigned to or
provided military housing on the installation.''.
(b) Additional Authority.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) through (9) as paragraphs (2)
through (10), respectively; and
(2) by inserting before paragraph (2) (as so redesignated) the
following new paragraph (1):
``(1) the storage, treatment, or disposal of materials that will be
or have been used in connection with an activity of the Department of
Defense or in connection with a service to be performed on an
installation of the Department for the benefit of the Department;''.
(c) Storage and Disposal of Explosives To Assist Law Enforcement
Agencies.--Subsection (b) of such section is amended in paragraph (3)
(as redesignated by subsection (b))--
(1) by striking out ``Federal law enforcement'' and inserting in
lieu thereof ``Federal, State, or local law enforcement''; and
(2) by striking out ``Federal agency'' and inserting in lieu thereof
``Federal, State, or local agency''.
(d) Storage of Material in Connection With Authorized and Compatible
Use of a Defense Facility.--Subsection (b) of such section is amended in
paragraph (9) (as redesignated by subsection (b))--
(1) by striking out ``by a private person in connection with the
authorized and compatible use by that person of an industrial-type'' and
inserting in lieu thereof ``in connection with the authorized and
compatible use of a''; and
(2) by striking out ``; and'' at the end and inserting in lieu
thereof the following: ``, including the use of such a facility for
testing materiel or training personnel;''.
(e) Treatment and Disposal of Material in Connection With Authorized
and Compatible Use of a Defense Facility.--Subsection (b) of such
section is amended in paragraph (10) (as redesignated by subsection
(b))--
(1) by striking out ``by a private person in connection with the
authorized and compatible commercial use by that person of an
industrial-type'' and inserting in lieu thereof ``in connection with the
authorized and compatible use of a'';
(2) by striking out ``with that person'' and inserting in lieu
thereof ``or agreement with the prospective user'';
(3) by striking out ``for that person's'' in subparagraph (B) and
inserting in lieu thereof ``for the prospective user's''; and
(4) by striking out the period at the end and inserting in lieu
thereof ``; and''.
(f) Storage of Material in Connection With Space Launch
Facilities.--Subsection (b) of such section is further amended by adding
at the end the following new paragraph:
``(11) the storage of any material that is not owned by the
Department of Defense if the Secretary of the military department
concerned determines that the material is required or generated in
connection with the use of a space launch facility located on an
installation of the Department of Defense or on other land controlled by
the United States.''.
(g) Technical Amendments.--(1) Subsection (a)(1) of such section is
further amended by striking out ``storage'' and inserting in lieu
thereof ``storage, treatment,''.
(2) The heading for such section is amended to read as follows:
``2692. Storage, treatment, and disposal of nondefense toxic
and hazardous materials''.
(3) The item relating to such section in the table of sections at the
beginning of chapter 159 of such title is amended to read as follows:
``2692. Storage, treatment, and disposal of nondefense toxic and
hazardous materials.''.
(h) Savings Clause.--Nothing in the amendments made by this section
is intended to modify environmental laws or laws relating to the siting
of facilities.
SEC. 344. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES IN RESPONSE
TO FINES AND PENALTIES ASSESSED UNDER ENVIRONMENTAL LAWS.
(a) Annual Reports.--Section 2706(b)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(H) A statement of the fines and penalties imposed or assessed
against the Department of Defense under Federal, State, or local
environmental law during the fiscal year preceding the fiscal year in
which the report is submitted, setting forth each Federal environmental
statute under which a fine or penalty was imposed or assessed during the
fiscal year, and, with respect to each such statute--
``(i) the aggregate amount of fines and penalties imposed or
assessed during the fiscal year;
``(ii) the aggregate amount of fines and penalties paid during the
fiscal year;
``(iii) the total amount required for environmental projects to be
carried out by the Department of Defense in lieu of the payment of fines
or penalties; and
``(iv) the number of fines and penalties imposed or assessed during
the fiscal year that were--
``(I) $100,000 or less; and
``(II) more than $100,000.''.
(b) Report in Fiscal Year 1998.--The statement submitted by the
Secretary of Defense under subparagraph (H) of section 2706(b)(2) of
title 10, United States Code, as added by subsection (a), in 1998 shall,
to the maximum extent practicable, include the information required by
that subparagraph for each of fiscal years 1994 through 1997.
SEC. 345. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE OVERSEAS.
Section 2706 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection
(d):
``(d) Report on Environmental Activities Overseas.--(1) The Secretary
of Defense shall submit to Congress each year, not later than 30 days
after the date on which the President submits to Congress the budget for
a fiscal year, a report on the environmental activities of the
Department of Defense overseas.
``(2) Each such report shall include a statement of the funding
levels during such fiscal year for each of the following categories:
``(A) Compliance by the Department of Defense with requirements
under a treaty, law, contract, or other agreement for environmental
restoration or compliance activities.
``(B) Performance by the Department of Defense of other
environmental restoration and compliance activities overseas.
``(C) Performance by the Department of Defense of any other overseas
activities related to the environment, including conferences, meetings,
and studies for pilot programs, and travel related to such
activities.''.
SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF THE
PRESENCE OF THE ARMED FORCES IN BERMUDA.
Not later than 120 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report on any remaining environmental effects of the
presence of the Armed Forces of the United States in Bermuda.
SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES
ARMED FORCES ABROAD FOR ENVIRONMENTAL PRESERVATION ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that members of
the Army, Navy, Air Force, and Marine Corps should not be deployed
outside the United States to provide assistance to another nation in
connection with environmental preservation activities in that nation,
unless the Secretary of
Defense determines that such activities are necessary for
national security purposes.
(b) Scope of Section.--For purposes of this section, environmental
preservation activities do not include any of the following:
(1) Activities undertaken for humanitarian purposes, disaster relief
activities, peacekeeping activities, or operational training activities.
(2) Environmental compliance and restoration activities associated
with military installations and deployments outside the United States.
SEC. 348. RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL
RESTORATION AT DEPARTMENT OF DEFENSE SITES.
(a) Regulations.--Not later than March 1, 1998, the Secretary of
Defense shall prescribe regulations containing the guidelines and
requirements described in subsections (b) and (c).
(b) Guidelines.--(1) The regulations prescribed under subsection (a)
shall contain uniform guidelines for the military departments and
defense agencies concerning the cost-recovery and cost-sharing
activities of those departments and agencies.
(2) The Secretary shall take appropriate actions to ensure the
implementation of the guidelines.
(c) Requirements.--The regulations prescribed under subsection (a)
shall contain requirements for the Secretaries of the military
departments and the heads of defense agencies to--
(1) obtain all data that is relevant for purposes of cost-recovery
and cost-sharing activities; and
(2) identify any negligence or other misconduct that may preclude
indemnification or reimbursement by the Department of Defense for the
costs of environmental restoration at a Department site or justify the
recovery or sharing of costs associated with such restoration.
(d) Definition.--In this section, the term ``cost-recovery and
cost-sharing activities'' means activities concerning--
(1) the recovery of the costs of environmental restoration at
Department of Defense sites from contractors of the Department and other
private parties that contribute to environmental contamination at such
sites; and
(2) the sharing of the costs of such restoration with such
contractors and parties.
SEC. 349. PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE
ENVIRONMENTAL TECHNOLOGIES.
(a) Authority.--Subject to subsection (b), the Secretary of Defense
may enter into a partnership with one or more private entities to
demonstrate and validate innovative environmental technologies.
(b) Limitations.--The Secretary of Defense may enter into a
partnership with respect to an environmental technology under subsection
(a) only if--
(1) any private entities participating in the partnership are
selected through the use of competitive procedures;
(2) the partnership provides for parties other than the Department
of Defense to provide at least 50 percent of the funding required (not
including in-kind contributions or preexisting investments); and
(3) the Secretary determines that--
(A) the technology has clear potential to be of significant value to
the Department of Defense in its environmental remediation activities at
a substantial number of Department of Defense sites; and
(B) the technology would not be developed without the commitment of
Department of Defense funds.
(c) Evaluation Guidelines.--Before entering into a partnership with
respect to an environmental technology under subsection (a), the
Secretary of Defense shall give consideration to the following:
(1) The potential for the technology to be used by the Department of
Defense for environmental remediation.
(2) The technical feasibility and maturity of the technology.
(3) The adequacy of financial and management plans to demonstrate
and validate the technology.
(4) The costs and benefits to the Department of Defense of
developing and using the technology.
(5) The potential for commercialization of the technology.
(6) The proposed arrangements for sharing the costs of the
partnership through the use of resources outside the Department of
Defense.
(d) Funding.--Under a partnership entered into under subsection (a),
the Secretary of Defense may provide funds to the partner or partners
from appropriations available to the Department of Defense for
environmental activities, for a period of up to five years.
(e) Report.--In the annual report required under section 2706(a) of
title 10, United States Code, the Secretary of Defense shall include the
following information with respect to partnerships entered into under
this section:
(1) The number of such partnerships.
(2) A description of the nature of the technology involved in each
such partnership.
(3) A list of all partners in such partnerships.
(f) Coordination.--The Secretary of Defense shall ensure that the
Department of Defense coordinates with the Administrator of the
Environmental Protection Agency in any verification sponsored by the
Department of technologies demonstrated and validated by a partnership
entered into under this section.
(g) Procedures.--The Secretary of Defense shall develop appropriate
procedures to ensure that all Department of Defense funds committed to a
partnership entered into under this section are expended for the purpose
authorized in the partnership agreement. The Secretary may not enter
into a partnership under this section until 30 days after the date on
which a copy of such procedures is provided to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives.
(h) Termination of Authority.--The authority to enter into agreements
under subsection (a) shall terminate three years after the date of the
enactment of this Act.
SEC. 350. PROCUREMENT OF RECYCLED COPIER PAPER.
(a) Procurement Requirements.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new section:
``2378. Procurement of copier paper containing specified
percentages of post-consumer recycled content
``(a) Procurement Requirement.--(1) Except as provided in subsections
(b) and (c), a department or agency of the Department of Defense may not
procure copying machine paper after the applicable date specified in
paragraph (2) unless the percentage of post-consumer recycled content of
the paper meets the percentage then in effect under such paragraph.
``(2) The percentage of post-consumer recycled content of paper
required under paragraph (1) is as follows:
``(A) 20 percent as of January 1, 1998.
``(B) 30 percent as of January 1, 1999.
``(C) 50 percent as of January 1, 2004.
``(b) Exceptions.--A department or agency of the Department of
Defense is not required to procure copying machine paper containing a
percentage of post-consumer recycled content that meets the applicable
requirement in subsection (a) if the Secretary concerned determines that
one or more of the following circumstances apply with respect to that
procurement:
``(1) The cost of procuring copying machine paper satisfying the
applicable requirement significantly exceeds the cost of procuring
copying machine paper containing a percentage of post-consumer recycled
content that does not meet such requirement. The Secretary concerned
shall establish the cost differential to be applied under this
paragraph.
``(2) Copying machine paper containing a percentage of post-consumer
recycled content meeting such requirement is not reasonably available
within a reasonable period of time.
``(3) Copying machine paper containing a percentage of post-consumer
recycled content meeting such requirement does not meet performance
standards of the department or agency for copying machine paper.
``(c) Effect of Inability To Meet Goal in 2004.--(1) In the case of
the requirement that will take effect on January 1, 2004, pursuant to
subsection (a)(2)(C), the requirement shall not take effect with respect
to a military department or Defense Agency if the Secretary of Defense
determines that the department or agency will be unable to meet such
requirement by that date.
``(2) The Secretary shall submit to Congress written notice of any
determination made under paragraph (1) and the reasons for the
determination. The Secretary shall submit such notice, if at all, not
later than January 1, 2003.
``(d) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' means the Secretary of each military department
and the Secretary of Defense with respect to the Defense Agencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2378. Procurement of copier paper containing specified
percentages of post-consumer recycled content.''.
SEC. 351. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
(a) Authority.--(1) The Secretary of Defense may, in consultation
with the Administrator of General Services, carry out a pilot program to
assess the feasibility and advisability of the sale of economic
incentives for the reduction of emission of air pollutants attributable
to a facility of a military department.
(2) The Secretary may carry out the pilot program during the period
beginning on the date of the enactment of this Act and ending two years
after such date.
(b) Incentives Available for Sale.--(1) Under the pilot program, the
Secretary may sell economic incentives for the reduction of emission of
air pollutants attributable to a facility of a military department only
if such incentives are not otherwise required for the activities or
operations of the military department.
(2) The Secretary may not, under the pilot program, sell economic
incentives attributable to the closure or realignment of a military
installation under a base closure law.
(3) If the Secretary determines that additional sales of economic
incentives are likely to result in amounts available for allocation
under subsection (c)(2) in a fiscal year in excess of the limitation set
forth in subparagraph (B) of that subsection, the Secretary shall not
carry out such additional sales in that fiscal year.
(c) Use of Proceeds.--(1) The proceeds of sale of economic incentives
attributable to a facility of a military department shall be credited to
the funds available to the facility for the costs of identifying,
quantifying, or valuing economic incentives for the reduction of
emission of air pollutants. The amount credited shall be equal to the
cost incurred in identifying, quantifying, or valuing the economic
incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a balance remains,
the amount of such balance shall be available to the Department of
Defense for allocation by the Secretary to the military departments for
programs, projects, and activities necessary for compliance with Federal
environmental laws, including the purchase of economic incentives for
the reduction of emission of air pollutants.
(ii) To the extent practicable, amounts allocated to the military
departments under this subparagraph shall be made available to the
facilities that generated the economic incentives providing the basis
for the amounts.
(B) The total amount allocated under this paragraph in a fiscal year
from sales of economic incentives may not equal or exceed $500,000.
(3) If after crediting under paragraph (1) a balance remains in
excess of an amount equal to the limitation set forth in paragraph
(2)(B), the amount of the excess shall be covered over into the Treasury
as miscellaneous receipts.
(4) Funds credited under paragraph (1) or allocated under paragraph
(2) shall be merged with the funds to which credited or allocated, as
the case may be, and shall be available for the same purposes and for
the same period as the funds with which merged.
(d) Definitions.--In this section:
(1) The term ``base closure law'' means the following:
(A) Section 2687 of title 10, United States Code.
(B) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687 note).
(C) The Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101 510; 10 U.S.C. 2687 note).
(2) The term ``economic incentives for the reduction of emission of
air pollutants'' means any transferable economic incentives (including
marketable permits and emission rights) necessary or appropriate to meet
air quality requirements under the Clean Air Act (42 U.S.C. 7401 et
seq.).
Subtitle D--Depot-Level Activities
SEC. 355. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) Depot-Level Maintenance and Repair Defined.--Chapter 146 of title
10, United States Code, is amended by inserting before section 2461 the
following new section:
``2460. Definition of depot-level maintenance and repair
``(a) In General.--In this chapter, the term `depot-level maintenance
and repair' means (except as provided in subsection (b)) material
maintenance or repair requiring the overhaul, upgrading, or rebuilding
of parts, assemblies, or subassemblies, and the testing and reclamation
of equipment as necessary, regardless of the source of funds for the
maintenance or repair. The term includes (1) all aspects of software
maintenance classified by the Department of Defense as of July 1, 1995,
as depot-level maintenance and repair, and (2) interim contractor
support or contractor logistics support (or any similar contractor
support), to the extent that such support is for the performance of
services described in the preceding sentence.
``(b) Exceptions.--(1) The term does not include the procurement of
major modifications or upgrades of weapon systems that are designed to
improve program performance or the nuclear refueling of an aircraft
carrier. A major upgrade program covered by this exception could
continue to be performed by private or public sector activities.
``(2) The term also does not include the procurement of parts for
safety modifications. However, the term does include the installation of
parts for that purpose.''.
(b) Conforming Amendment.--Section 2469 of title 10, United States
Code, is amended in subsections (a) and (b), by striking out ``or
repair'' and inserting in lieu thereof ``and repair''.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 146 of title 10, United States Code, is amended by inserting
before the item relating to section 2461 the following new item:
``2460. Definition of depot-level maintenance and repair.''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 146 and inserting in lieu
thereof the following new item:
``146. Contracting for Performance of Civilian Commercial or
Industrial Type Functions
2460''.
SEC. 356. CORE LOGISTICS CAPABILITIES OF DEPARTMENT OF DEFENSE.
(a) In General.--Section 2464 of title 10, United States Code, is
amended to read as follows:
``2464. Core logistics capabilities
``(a) Necessity for Core Logistics Capabilities.--(1) It is essential
for the national defense that the Department of Defense maintain a core
logistics capability that is Government-owned and Government-operated
(including Government personnel and Government-owned and
Government-operated equipment and facilities) to ensure a ready and
controlled source of technical competence and resources necessary to
ensure effective and timely response to a mobilization, national defense
contingency situations, and other emergency requirements.
``(2) The Secretary of Defense shall identify the core logistics
capabilities described in paragraph (1) and the workload required to
maintain those capabilities.
``(3) The core logistics capabilities identified under paragraphs (1)
and (2) shall include those capabilities that are necessary to maintain
and repair the weapon systems and other military equipment (including
mission-essential weapon systems or materiel not later than four years
after achieving initial operational capability, but excluding systems
and equipment under special access programs, nuclear aircraft carriers,
and commercial items described in paragraph (5)) that are identified by
the Secretary, in consultation with the Chairman of the Joint Chiefs of
Staff, as necessary to enable the armed forces
to fulfill the strategic and contingency plans prepared by the
Chairman of the Joint Chiefs of Staff under section 153(a) of this
title.
``(4) The Secretary of Defense shall require the performance of core
logistics workloads necessary to maintain the core logistics
capabilities identified under paragraphs (1), (2), and (3) at
Government-owned, Government-operated facilities of the Department of
Defense (including Government-owned, Government-operated facilities of a
military department) and shall assign such facilities sufficient
workload to ensure cost efficiency and technical competence in peacetime
while preserving the surge capacity and reconstitution capabilities
necessary to support fully the strategic and contingency plans referred
to in paragraph (3).
``(5) The commercial items covered by paragraph (3) are commercial
items that have been sold or leased in substantial quantities to the
general public and are purchased without modification in the same form
that they are sold in the commercial marketplace, or with minor
modifications to meet Federal Government requirements.
``(b) Limitation on Contracting.--(1) Except as provided in paragraph
(2), performance of workload needed to maintain a logistics capability
identified by the Secretary under subsection (a)(2) may not be
contracted for performance by non-Government personnel under the
procedures and requirements of Office of Management and Budget Circular
A 76 or any successor administrative regulation or policy (hereinafter
in this section referred to as OMB Circular A 76).
``(2) The Secretary of Defense may waive paragraph (1) in the case of
any such logistics capability and provide that performance of the
workload needed to maintain that capability shall be considered for
conversion to contractor performance in accordance with OMB Circular A
76. Any such waiver shall be made under regulations prescribed by the
Secretary and shall be based on a determination by the Secretary that
Government performance of the workload is no longer required for
national defense reasons. Such regulations shall include criteria for
determining whether Government performance of any such workload is no
longer required for national defense reasons.
``(3)(A) A waiver under paragraph (2) may not take effect until the
expiration of the first period of 30 days of continuous session of
Congress that begins on or after the date on which the Secretary submits
a report on the waiver to the Committee on Armed Services and the
Committee on Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives.
``(B) For the purposes of subparagraph (A)--
``(i) continuity of session is broken only by an adjournment of
Congress sine die; and
``(ii) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are excluded in
the computation of any period of time in which Congress is in continuous
session.''.
(b) Clerical Amendment.--The item relating to such section at the
beginning of chapter 146 of such title is amended to read as follows:
``2464. Core logistics capabilities.''.
SEC. 357. INCREASE IN PERCENTAGE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR THAT MAY BE CONTRACTED FOR PERFORMANCE BY NON-GOVERNMENT
PERSONNEL.
Section 2466(a) of title 10, United States Code, is amended by
striking out ``40 percent'' and inserting in lieu thereof ``50
percent''.
SEC. 358. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
Subsection (e) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(e) Report.--(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for
each military department and Defense Agency, the percentage of the funds
referred to in subsection (a) that were expended during the preceding
fiscal year for performance of depot-level maintenance and repair
workloads by
the public and private sectors as required by section 2466 of
this title.
``(2) Not later than 90 days after the date on which the Secretary
submits the annual report under paragraph (1), the Comptroller General
shall submit to Congress the Comptroller General's views on whether the
Department of Defense has complied with the requirements of subsection
(a) for the fiscal year covered by the report.''.
SEC. 359. REQUIREMENT FOR USE OF COMPETITIVE PROCEDURES IN
CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS FORMERLY PERFORMED AT CLOSED OR REALIGNED MILITARY
INSTALLATIONS.
(a) Application to certain Workloads.--(1) Chapter 146 of title 10,
United States Code, is amended by inserting after section 2469 the
following new section:
``2469a. Use of competitive procedures in contracting for
performance of depot-level maintenance and repair workloads formerly
performed at certain military installations
``(a) Definitions.--In this section:
``(1) The term `closed or realigned military installation' means a
military installation where a depot-level maintenance and repair
facility was approved in 1995 for closure or realignment under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101 510; 10 U.S.C. 2687 note).
``(2) The term `military installation' includes a former military
installation that was a military installation when it was approved in
1995 for closure or realignment under the Defense Base Closure and
Realignment Act of 1990 and that has been closed or realigned under the
Act.
``(3) The terms `realignment' and `realigned' mean a decision under
the Defense Base Closure and Realignment Act of 1990 that results in
both a reduction and relocation of functions and civilian personnel
positions.
``(b) Covered Depot-Level Maintenance and Repair Workloads.--Except
as provided in subsection (c), this section applies with respect to any
depot-level maintenance and repair workload that--
``(1) was performed as of January 1, 1997, at a military
installation that was approved in 1995 for closure or realignment under
the Defense Base Closure and Realignment Act of 1990 and that has been
closed or realigned under the Act; and
``(2) is proposed to be converted from performance by Department of
Defense personnel to performance by a private sector source.
``(c) Exceptions.--This section shall not apply with respect to--
``(1) a depot-level maintenance and repair workload that is to be
consolidated to another military installation (other than a closed or
realigned military installation) as a result of a base closure or
realignment action or a decision made by the Secretary concerned or the
Defense Depot Maintenance Council;
``(2) a workload necessary to maintain a core logistics capability
identified under section 2464 of this title; or
``(3) any contract originally entered into before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1998.
``(d) Conditions and Solicitation.--A solicitation of offers for the
performance of any depot-level maintenance and repair workload described
in subsection (b) may be issued, and a contract may be awarded pursuant
to such a solicitation, only if the following conditions are met with
respect to the contract and the solicitation specifically states the
conditions:
``(1) The source selection process used in the case of the
solicitation and contract permits the consideration of offers submitted
by private sector sources and offers submitted by public sector sources.
``(2) The source selection process used in the case of the
solicitation and contract requires that, in the comparison of offers,
there be taken into account--
``(A) the fair market value (or if fair market value cannot be
determined, the estimated book value) of any land, plant, or equipment
from a military installation that is proposed by a private offeror to be
used to meet a specific workload (whether these assets are provided to
the offeror by a local redevelopment authority or by any other source
approved by an official of the Department of Defense); and
``(B) the total estimated direct and indirect costs that will be
incurred by the Department of Defense and the total estimated direct and
indirect savings (including overhead) that will be derived by the
Department of Defense.
``(3) The cost standards used to determine the depreciation of
facilities and equipment shall, to the maximum extent practicable,
provide identical treatment to all public and private sector offerors.
``(4) Any offeror, whether public or private, may offer to perform
the workload at any location or locations selected by the offeror and to
team with any other public or private entity to perform that workload at
one or more locations, including a Center of Industrial and Technical
Excellence designated under section 2474 of this title.
``(5) No offeror may be given any preferential consideration for, or
in any way be limited to, performing the workload in-place or at any
other single location.
``(e) Contracts for Multiple Workloads.--(1) A solicitation may be
issued for a single contract for the performance of multiple depot-level
maintenance and repair workloads described in subsection (b) only if--
``(A) the Secretary of Defense determines in writing that the
individual workloads cannot as logically and economically be performed
without combination by sources that are potentially qualified to submit
an offer and to be awarded a contract to perform those individual
workloads;
``(B) the Secretary submits to Congress a report setting forth the
determination together with the reasons for the determination; and
``(C) the solicitation of offers for the contract is issued more
than 60 days after the date on which the Secretary submits the report.
``(2) The Comptroller General shall review each report submitted
under paragraph (1)(B) and, not later than 30 days after the report is
submitted to Congress, shall submit to Congress the Comptroller
General's views regarding the determination of the Secretary that is set
forth in the report, together with any other findings that the
Comptroller General considers appropriate.
``(f) Competitive Procedures Required.--Section 2304(c)(7) of this
title shall not be used as the basis for an exception to the requirement
to use competitive procedures for any contract for a depot-level
maintenance and repair workload described in subsection (b).
``(g) Reviews of Competitive Procedures.--If a solicitation of offers
for a contract for, or award of, any depot-level maintenance and repair
workload described in subsection (b) is issued, the Comptroller General
shall--
``(1) within 45 days after the issuance of the solicitation, review
the solicitation and report to Congress on whether the solicitation--
``(A) provides substantially equal opportunity for public and
private offerors to compete for the contract without regard to the
location at which the workload is to be performed; and
``(B) is in compliance with the requirements of this section and all
applicable provisions of law and regulations; and
``(2) within 45 days after any contract or award resulting from the
solicitation is entered into or made, review
the contract or award, including the contracting or award
process, and report to Congress on whether--
``(A) the procedures used to conduct the competition--
``(i) provided substantially equal opportunity for public and
private offerors to compete for the contract without regard to the
location at which the workload is to be performed; and
``(ii) were in compliance with the requirements of this section and
all applicable provisions of law and regulations;
``(B) appropriate consideration was given to factors other than cost
in the selection of the source for performance of the workload; and
``(C) the contract or award resulted in the lowest total cost to the
Department of Defense for performance of the workload.
``(h) Resolution of Workload Award Objections.--Any public or private
entity may, pursuant to procedures established by the Secretary, object
to a solicitation of offers under this section for the performance of
any depot-level maintenance and repair workload, or the award or
proposed award of any workload pursuant to such a solicitation. The
Secretary may designate a qualified individual or entity to review the
objection; however, the Secretary shall not designate the Source
Selection Authority or any individual from the same military department
as the Source Selection Authority to review the objection. The Secretary
shall take appropriate action to address any defect in the solicitation
or award in the event that the objection is sustained.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2469 the following new
item:
``2469a. Use of competitive procedures in contracting for
performance of depot-level maintenance and repair workloads formerly
performed at certain military installations.''.
(b) Limitation Relating to Timing of Solicitation.--The first
solicitation of offers from private sector sources for the performance
of a depot-level maintenance and repair workload described in subsection
(b) of section 2469a of title 10, United States Code, as added by
subsection (a), may be issued pursuant to such section only after the
date that is 30 days after the latest of the following:
(1) The date on which the Secretary of Defense publishes and submits
to Congress a plan or Department of Defense directive that sets forth
the specific procedures for the conduct of competitions among private
and public sector entities for such depot-level maintenance and repair
workloads.
(2) The date on which the Secretary of Defense submits to Congress
the report on allocation of workloads required under subsection (c).
(3) The date on which the Comptroller General is required to submit
the report to Congress under subsection (d).
(c) Report of Allocation of Workload.--Before any solicitation of
offers for the performance by a private sector source of a depot-level
maintenance and repair workload at a closed or realigned installation
described in subsection (b) of section 2469a of title 10, United States
Code, as added by subsection (a), is to be issued, the Secretary of
Defense shall submit to Congress a report describing the allocation
proposed by the Secretary of all workloads that were performed at that
closed or realigned military installation (as defined in subsection (a)
of such section) as of July 1, 1995, including--
(1) the workloads that are considered to be core logistics functions
under section 2464 of such title;
(2) the workloads that are proposed to be transferred to a military
installation other than a closed or realigned military installation;
(3) the workloads that are proposed to be included in the
public-private competitions carried out under section 2469a of such
title, and, if any of such workloads are to be combined for purposes of
such a competition, the reasons for combining the workloads, together
with a description of how the workloads are to be combined;
(4) any workload that has been determined within the Department of
Defense as no longer being necessary;
(5) the proposed schedule for implementing the allocations covered
by the report; and
(6) the anticipated capacity utilization of the military
installations and former military installations to which workloads are
to be transferred, based on the maximum potential capacity certified to
the 1995 Defense Base Closure and Realignment Commission, after the
transfers are completed (not taking into account any workloads that may
be transferred as a result of a public-private competition carried out
under section 2469a of such title, as described in paragraph (3)).
(d) Review Regarding Award for C 5 Aircraft Workload.--(1) The
Comptroller General shall conduct a review of the award for the
performance of the C 5 aircraft workload that was made to Warner Robins
Air Logistics Center. As part of the review, the Comptroller General
shall--
(A) determine whether the procedures used to conduct the competition--
(i) provided substantially equal opportunity for public and private
offerors to compete for the award without regard to the location at
which the workload is to be performed; and
(ii) are in compliance with the requirements of all applicable
provisions of law and the Federal Acquisition Regulation; and
(B) determine whether that award results in the lowest total cost to
the Department of Defense for performance of the workload.
(2) Not later than 60 days after the date of the enactment of this
Act, the Comptroller General shall submit to Congress a report
containing the results of the review.
SEC. 360. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF DEPOT
EMPLOYEES BY CONSTRAINTS ON PERSONNEL LEVELS.
Section 2472(a) of title 10, United States Code, is amended by
striking out the first sentence and inserting in lieu thereof the
following: ``The civilian employees of the Department of Defense,
including the civilian employees of the military departments and the
Defense Agencies, who perform, or are involved in the performance of,
depot-level maintenance and repair workloads may not be managed on the
basis of any constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum number of
employees.''.
SEC. 361. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) Designation and Purpose.--(1) Chapter 146 of title 10, United
States Code, is amended by adding at the end the following new section:
``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).
``(3) The Secretary of a military department may conduct a pilot
program, consistent with applicable requirements of law, to test any
practices referred to in paragraph (2) that the Secretary determines
could improve the efficiency and effectiveness of depot-level
operations, improve the support provided by depot-level activities for
the armed forces user of the services of such activities, and enhance
readiness by reducing the time that it takes to repair equipment.
``(b) Public-Private Partnerships.--The Secretary of Defense shall
enable Centers of Industrial and Technical Excellence to enter into
public-private cooperative arrangements for the performance of
depot-level maintenance and repair at such Centers and shall encourage
the use of such arrangements to maximize the utilization of the capacity
at such Centers. A public-private cooperative arrangement under this
subsection shall be known as a `public-private partnership'.
``(c) Crediting of Amounts for Performance.--Amounts received by a
Center for work performed under a public-private partnership shall be
credited to the appropriation or fund, including a working-capital fund,
that incurs the cost of performing the work.
``(d) Additional Work.--The policy required under subsection (a)
shall include measures to enable a private sector entity that enters
into a partnership arrangement under subsection (b) or leases excess
equipment and facilities at a Center of Industrial and Technical
Excellence pursuant to section 2471 of this title to perform additional
work at the Center, subject to the limitations outlined in subsection
(b) of such section, outside of the types of work normally assigned to
the Center.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2474. Centers of Industrial and Technical Excellence:
designation; public-private partnerships.''.
(b) Lease of Excess Depot-Level Equipment and Facilities.--(1)
Section 2471(c) of such title is amended to read as follows:
``(c) Conformance With Authority Under Section 2667.--The provisions
of subsection (d) of section 2667 of this title shall apply to this
section in the same manner as such provisions are applicable under that
section.''.
(2) Section 2667(d)(2) of such title is amended by inserting ``or
working capital fund'' before ``from which''.
(c) Reporting Requirement.--Not later than March 1, 1999, the
Secretary of Defense shall submit to Congress a report on the policies
established by the Secretary pursuant to section 2474 of title 10,
United States Code, to implement the requirements of such section. The
report shall include--
(1) the details of any public-private partnerships entered into as
of that date under subsection (b) of such section;
(2) the details of any leases entered into as of that date under
section 2471 of such title with authorized entities for dual-use
(military and nonmilitary) purposes; and
(3) the effect that the partnerships and leases had on capacity
utilization, depot rate structures, and readiness.
SEC. 362. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 104 Stat. 1684) is amended by striking
out ``September 30, 1997'' and inserting in lieu thereof ``September 30,
1999''.
SEC. 363. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN
DEPOT-LEVEL MAINTENANCE AND REPAIR LAWS AND A RELATED REPORTING
REQUIREMENT.
Section 311 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104 106; 110 Stat. 247; 10 U.S.C. 2464 note) is amended
by striking out subsections (f) and (g).
SEC. 364. PERSONNEL REDUCTIONS, ARMY DEPOTS PARTICIPATING IN
ARMY WORKLOAD AND PERFORMANCE SYSTEM.
(a) Limitation.--Except as necessary to implement BRAC 1995 decisions
at Red River Army Depot, Texas, and Letterkenny Army Depot,
Pennsylvania, the Secretary of the Army may not initiate a reduction in
force of civilian employees at the five Army depots participating in the
demonstration and testing of the Army Workload and Performance System
until after the date on which the Secretary submits to Congress a report
certifying that the Army Workload and Performance System is fully
operational.
(b) BRAC 1995 Decisions Defined.--The term ``BRAC 1995 decisions''
means the decisions to close or realign certain military installations
resulting from the recommendations approved in 1995 under the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101 510; 10 U.S.C. 2687 note).
SEC. 365. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES
AMONG DEPARTMENT OF DEFENSE FACILITIES AND PRIVATE SECTOR FACILITIES.
(a) Report.--Not later than May 31, 1998, the Secretary of Defense
shall submit to Congress a report on the allocation among facilities of
the Department of Defense and facilities in the private sector of the
logistics activities that are necessary to maintain and repair the
weapon systems and other military equipment identified by the Secretary,
in consultation with the Chairman of the Joint Chiefs of Staff, as being
necessary to enable the Armed Forces to conduct a strategic or major
theater war.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) The systems or equipment identified under subsection (a) that
must be maintained and repaired in Government-owned, Government-operated
facilities, using personnel and equipment of the Department, as a result
of the Secretary's determination that--
(A) the work involves unique or valuable workforce skills that
should be maintained in the public sector in the national interest;
(B) the base of private sector sources having the capability to
perform the workloads includes industry sectors that are vulnerable to
work stoppages;
(C) the private sector sources having the capability to perform the
workloads have insufficient workforce levels or skills to perform the
depot-level maintenance and repair workloads--
(i) in the quantity necessary, or as rapidly as the Secretary
considers necessary, to enable the armed forces to fulfill the national
military strategy; or
(ii) without a significant disruption or delay in the maintenance
and repair of equipment;
(D) the need for performance of workloads is too infrequent,
cyclical, or variable to sustain a reliable base of private sector
sources having the workforce levels or skills to perform the workloads;
(E) the market conditions or workloads are insufficient to ensure
that the price of private sector performance of the workloads can be
controlled through competition or other means;
(F) private sector sources are not adequately responsive to the
requirements of the Department for rapid, cost-effective, and flexible
response to surge requirements or other contingency situations,
including changes in the mix or priority of previously scheduled
workloads and reassignment of employees to different workloads without
the requirement for additional contractual negotiations;
(G) private sector sources are less willing to assume responsibility
for performing the workload as a result of the possibility of direct
military or terrorist attack; or
(H) private sector sources cannot maintain continuity of workforce
expertise as a result of high rates of employee turnover.
(2) The systems or equipment identified under subsection (a) that
must be maintained and repaired in Government-owned facilities, whether
Government operated or contractor-operated, as a result of the
Secretary's determination that--
(A) the work involves facilities, technologies, or equipment that
are unique and sufficiently valuable that the facilities, technologies,
or equipment must be maintained in the public sector in the national
interest;
(B) the private sector sources having the capability to perform the
workloads have insufficient facilities, technology, or equipment to
perform the depot-level maintenance and repair workloads--
(i) in the quantity necessary, or as rapidly as the Secretary
considers necessary, to enable the armed forces to fulfill the national
military strategy; or
(ii) without a significant disruption or delay in the maintenance
and repair of equipment; or
(C) the need for performance of workloads is too infrequent,
cyclical, or variable to sustain a reliable base of private sector
sources having the facilities, technology, or equipment to perform the
workloads.
(3) The systems or equipment identified under subsection (a) that
may be maintained and repaired in private sector facilities.
(4) The approximate percentage of the total maintenance and repair
workload of the Department of Defense necessary for the systems and
equipment identified under subsection (a) that would be performed at
Department of Defense facilities, and at private sector facilities, as a
result of the determinations made for purposes of paragraphs (1), (2),
and (3).
SEC. 366. REVIEW OF USE OF TEMPORARY DUTY ASSIGNMENTS FOR SHIP
REPAIR AND MAINTENANCE.
(a) Findings.--Congress makes the following findings:
(1) In order to reduce the time that the crew of a naval vessel is
away from the homeport of the vessel, the Navy seeks to perform ship
repair and maintenance of the vessel at the homeport of the vessel
whenever it takes six months or less to accomplish the work involved.
(2) At the same time, the Navy seeks to distribute ship repair and
maintenance work among the Navy shipyards (known as to ``level load'')
in order to more fully utilize personnel resources.
(3) During periods when a Navy shipyard is not utilized to its
capacity, the Navy sometimes sends workers at the shipyard, on a
temporary duty basis, to perform ship repairs and maintenance at a
homeport not having a Navy shipyard.
(4) This practice is a more efficient use of civilian employees who
might otherwise not be fully employed on work assigned to Navy
shipyards.
(b) Comptroller General Review and Report.--(1) The Comptroller
General shall review the Navy's practice of using temporary duty
assignments of personnel to perform ship maintenance and repair work at
homeports not having Navy shipyards. The review shall include the
following:
(A) An assessment of the rationale, conditions, and factors
supporting the Navy's practice.
(B) A determination of whether the practice is cost-effective.
(C) The factors affecting future requirements for, and the adherence
to, the practice, together with an assessment of the factors.
(2) Not later than May 1, 1998, the Comptroller General shall submit
a report on the review to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives.
SEC. 367. SENSE OF CONGRESS REGARDING REALIGNMENT OF
PERFORMANCE OF GROUND COMMUNICATION-ELECTRONIC WORKLOAD.
It is the sense of Congress that the transfer of the ground
communication-electronic workload to Tobyhanna Army Depot, Pennsylvania,
in the realignment of the performance of such function should be carried
out in adherence to the schedule prescribed for that transfer by the
Defense Depot Maintenance Council on March 13, 1997, as follows:
(1) Transfer of 20 percent of the workload in fiscal year 1998.
(2) Transfer of 40 percent of the workload in fiscal year 1999.
(3) Transfer of 40 percent of the workload in fiscal year 2000.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 371. REORGANIZATION OF LAWS REGARDING COMMISSARIES AND
EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Description of Chapter.--(1) The heading of chapter 147 of title
10, United States Code, is amended to read as follows:
``CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE,
AND RECREATION ACTIVITIES''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 147 and inserting in lieu
thereof the following new item:
``147. Commissaries and Exchanges and Other Morale, Welfare,
and Recreation Activities
2481''.
(b) Transfer and Redesignation of Unrelated Provisions.--(1) Section
2481 of title 10, United States Code, is transferred to chapter 159 of
such title, inserted after section 2685, and redesignated as section
2686.
(2) Sections 2483 and 2490 of such title are transferred to the end
of subchapter III of chapter 169 of such title and redesignated as
sections 2867 and 2868, respectively.
(3) Section 2491 of such title is redesignated as section 2500.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 147 of title 10, United States Code, is amended by striking
out the items relating to sections 2481, 2483, and 2490.
(2) The table of sections at the beginning of chapter 159 of such
title is amended by inserting after the item relating to section 2685
the following new item:
``2686. Utilities and services: sale; expansion and extension of
systems and facilities.''.
(3) The table of sections at the beginning of subchapter III of
chapter 169 of such title is amended by adding at the end the following
new items:
``2867. Sale of electricity from alternate energy and cogeneration
production facilities.
``2868. Utility services: furnishing for certain buildings.''.
(4) The table of sections at the beginning of subchapter I of chapter
148 of such title is amended by striking out the item relating to
section 2491 and inserting in lieu thereof the following new item:
``2500. Definitions.''.
(5) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of such title are amended by
striking out the item relating to chapter 148 and inserting in lieu
thereof the following new item:
``148. National Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion
2500''.
(d) Conforming Amendments.--(1) Section 2534(d) of title 10, United
States Code, is amended by striking out ``section 2491(1)'' both places
it appears and inserting in lieu thereof ``section 2500(1)''.
(2) Section 2865(b)(2) of such title is amended by striking out
``section 2483(b)(2)'' and inserting in lieu thereof ``section
2867(b)(2)''.
SEC. 372. MERCHANDISE AND PRICING REQUIREMENTS FOR COMMISSARY STORES.
(a) Authorized Commissary Merchandise Categories.--Subsection (b) of
section 2486 of title 10, United States Code, is amended--
(1) by striking out the matter preceding paragraph (1) and inserting
in lieu thereof the following: ``(b) Authorized Commissary Merchandise
Categories.--Merchandise sold in, at, or by commissary stores may
include items only in the following categories:''; and
(2) by striking out paragraph (11) and inserting in lieu thereof the
following new paragraph:
``(11) Such other merchandise categories as the Secretary of Defense
may prescribe, except that the Secretary shall submit to Congress, not
later than March 1 of each year, a report describing--
``(A) any addition of, or change in, a merchandise category proposed
to be made under this paragraph during the one-year period beginning on
that date; and
``(B) those additions and changes in merchandise categories actually
made during the preceding one-year period.''.
(b) Codification of Uniform Sales Price Surcharge or
Adjustment.--Subsection (c) of such section is amended--
(1) by inserting `` Uniform Sales Price Surcharge or Adjustment.--''
after ``(c)'';
(2) by striking out ``in commissary stores.'' and inserting in lieu
thereof ``in, at, or by commissary stores.''; and
(3) by adding at the end the following new sentence: ``Effective on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998, the uniform percentage shall be equal to five percent
and may not be changed except by a law enacted after such date.''.
(c) Establishment of Sales Price; Congressional
Notification.--Subsection (d) of such section is amended to read as
follows:
``(d) Sales Price Establishment.--(1) The Secretary of Defense shall
establish the sales price of each item of merchandise sold in, at, or by
commissary stores at the level that will recoup the actual product cost
of the item (consistent with this section and sections 2484 and 2685 of
this title).
``(2) Any change in the pricing policies for merchandise sold in, at,
or by commissary stores shall not take effect until the Secretary of
Defense submits written notice of the proposed change to Congress and a
period of 90 days of continuous session of Congress expires following
the date on which notice was received. For purposes of this paragraph,
the continuity of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either House is not in
session because of an adjournment or recess of more than three days to a
day certain are excluded in a computation of such 90-day period.''.
(d) Special Rules for Certain Merchandise.--Such section is further
amended by adding at the end the following new subsection:
``(f) Special Rules for Certain Merchandise.--(1) Notwithstanding the
general requirement that merchandise sold in, at, or by commissary
stores be commissary store inventory, the Secretary of Defense may
authorize the sale of items in the merchandise categories specified in
paragraph (2) as noncommissary store inventory. Subsections (c) and (d)
shall not apply to the pricing of such merchandise items.
``(2) The merchandise categories referred to in paragraph (1) are as
follows:
``(A) Magazines and other periodicals.
``(B) Tobacco products.''.
(e) Clerical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting `` In General.--'' after
``(a)''; and
(2) in subsection (e)--
(A) by inserting `` Special Rule for Brand-Name Commercial
Items.--'' after ``(e)''; and
(B) by striking out ``in commissary stores'' both places it appears
and inserting in lieu thereof ``in, at, or by commissary stores''.
(f) Report on Merchandise Categories.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report specifying the merchandise categories
authorized for sale sold in, at, or by commissary stores pursuant to
regulations prescribed under subsection (b)(11) of section 2486 of title
10, United States Code, as in effect before such date.
SEC. 373. LIMITATION ON NONCOMPETITIVE PROCUREMENT OF
BRAND-NAME COMMERCIAL ITEMS FOR RESALE IN COMMISSARY STORES.
Section 2486(e) of title 10, United States Code, as amended by
section 372(e)(2), is further amended by adding at the end the following
new sentence: ``In determining whether a brand name commercial item is
regularly sold outside of commissary stores, the Secretary shall
consider only sales of the item on a regional or national basis by
commercial grocery or other retail operations consisting of multiple
stores.''.
SEC. 374. TREATMENT OF REVENUES DERIVED FROM COMMISSARY STORE
ACTIVITIES.
(a) Treatment of Revenues.--Section 2685 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Other Sources of Funds for Construction and
Improvements.--Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities shall be
available for the purposes set forth in subsections (b), (c), and (d):
``(1) Sale of recyclable materials.
``(2) Sale of excess and surplus property.
``(3) License fees.
``(4) Royalties.
``(5) Fees paid by sources of products in order to obtain favorable
display of the products for resale, known as business related management
fees.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Adjustment or Surcharge
Authorized.--'' after ``(a)'';
(2) in subsection (b), by inserting `` Use for Construction and
Improvement of Facilities.--'' after ``(b)'';
(3) in subsection (c), by inserting `` Advance Obligation.--'' after
``(c)''; and
(4) in subsection (d), by inserting `` Cooperation With
Nonappropriated Fund Instrumentalities.--'' after ``(d)''.
SEC. 375. MAINTENANCE, REPAIR, AND RENOVATION OF ARMED FORCES
RECREATION CENTER, EUROPE.
Section 2247(b) of title 10, United States Code, is amended by
striking out ``real property maintenance, and'' and inserting in lieu
thereof ``the maintenance, repair, or renovation of real property, and
the''.
SEC. 376. PLAN FOR USE OF PUBLIC AND PRIVATE PARTNERSHIPS TO
BENEFIT MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Plan Required.--The Secretary of Defense shall prepare a plan
containing a proposal regarding the advisability and feasibility of
permitting nonappropriated fund instrumentalities of the Department of
Defense to enter into leases, licensing agreements, concession
agreements, and other contracts with private persons and State or local
governments to facilitate the provision of facilities, goods, or
services to authorized patrons of nonappropriated fund instrumentalities
and to generate revenues for the Department of Defense to be used solely
for the benefit of nonappropriated fund instrumentalities.
(b) Recommendations for Scope of Plan.--In developing the proposal
under subsection (a), the Secretary shall include recommendations
regarding the following:
(1) The proposed criteria to be used to select goods or services
suitable for provision to patrons of nonappropriated fund
instrumentalities through a lease or other contractual arrangement.
(2) The proposed mechanism to be used to assess the likely impact of
such a lease or other contractual arrangement on private businesses in
the locality that provide the same goods or services proposed to be
provided under such a lease or other contractual arrangement.
(3) The feasibility and desirability of authorizing persons who are
not authorized patrons of nonappropriated fund instrumentalities to
receive goods and services provided through such a lease or other
contractual arrangement.
(4) The proposed mechanism to be used to ensure that such a lease or
contract will not be inconsistent with and will not adversely affect the
mission of the Department of Defense or the nonappropriated fund
instrumentality involved.
(c) Submission of Plan.--Not later than March 1, 1998, the Secretary
shall submit to Congress the plan required under subsection (a).
Subtitle F--Other Matters
SEC. 381. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
1998.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities--
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational agencies
payments (as defined in subsection (d)(2)) to local educational
agencies.
(b) Notification.--Not later than June 30, 1998, the Secretary of
Defense shall--
(1) notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 1998 of that agency's
eligibility for such assistance and the amount of such assistance for
which that agency is eligible; and
(2) notify each local educational agency that is eligible for an
educational agencies payment for fiscal year 1998 of that agency's
eligibility for such payment and the amount of the payment for which
that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under paragraphs (1)
and (2) of subsection (a) not later than 30 days after the
date on which notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means assistance
authorized under section 386(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means payments
authorized under section 386(d) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(e) Technical Correction Relating to Original Assistance
Authority.--Section 386(c)(1) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note) is
amended--
(1) by striking out ``section 8003(a)'' and inserting in lieu
thereof ``section 8003(a)(1)''; and
(2) by striking out ``(20 U.S.C. 7703(a))'' and inserting in lieu
thereof ``(20 U.S.C. 7703(a)(1))''.
SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND
HUMANITARIAN ASSISTANCE.
(a) Establishment and Operation of Center.--(1) Chapter 7 of title
10, United States Code, is amended by adding at the end the following
new section:
``182. Center for Excellence in Disaster Management and
Humanitarian Assistance
``(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Disaster Management and Humanitarian Assistance (in
this section referred to as the `Center').
``(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, particularly operations that require international disaster
management and humanitarian assistance and operations that require
coordination between the Department of Defense and other agencies.
``(2) The Center shall be used to make available high-quality
disaster management and humanitarian assistance in response to
disasters.
``(3) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
``(A) Management of the consequences of nuclear, biological, and
chemical events.
``(B) Management of the consequences of terrorism.
``(C) Appropriate roles for the reserve components in the management
of such consequences and in disaster management and humanitarian
assistance in response to natural disasters.
``(D) Meeting requirements for information in connection with
regional and global disasters, including the use of advanced
communications technology as a virtual library.
``(E) Tropical medicine, particularly in relation to the medical
readiness requirements of the Department of Defense.
``(4) The Center shall develop a repository of disaster risk
indicators for the Asia-Pacific region.
``(5) The Center shall perform such other missions as the Secretary
of Defense may specify.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense may enter into an agreement with appropriate
officials of an institution of higher education to provide for joint
operation of the Center. Any such agreement shall provide for the
institution to furnish necessary administrative services for the Center,
including administration and allocation of funds.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center,
donations to be used to defray the
costs of the Center or to enhance the operation of the Center.
Such donations may be accepted from any agency of the Federal
Government, any State or local government, any foreign government, any
foundation or other charitable organization (including any that is
organized or operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
``(2) The Secretary may not accept a donation under paragraph (1) if
the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any employee of the
Department, or members of the armed forces, to carry out any
responsibility or duty of the Department in a fair and objective manner;
or
``(B) the integrity of any program of the Department of Defense or
of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign donation would have a result described in paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center shall be credited to appropriations
available to the Department of Defense for the Center. Funds so credited
shall be merged with the appropriations to which credited and shall be
available for the Center for the same purposes and the same period as
the appropriations with which merged.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``182. Center for Excellence in Disaster Management and
Humanitarian Assistance.''.
(b) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated pursuant to section 301(5) for operation and maintenance
for Defense-wide activities, $5,000,000 shall be available for the
operation of the Center for Excellence in Disaster Management and
Humanitarian Assistance established under section 182 of title 10,
United States Code, as added by subsection (a).
SEC. 383. APPLICABILITY OF FEDERAL PRINTING REQUIREMENTS TO
DEFENSE AUTOMATED PRINTING SERVICE.
(a) In General.--Subchapter I of chapter 8 of title 10, United States
Code, is amended by adding at the end the following new section:
``195. Defense Automated Printing Service: applicability of
Federal printing requirements
``The Defense Automated Printing Service shall comply fully with the
requirements of section 501 of title 44 relating to the production and
procurement of printing, binding, and blank-book work.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``195. Defense Automated Printing Service: applicability of
Federal printing requirements.''.
SEC. 384. STUDY AND NOTIFICATION REQUIREMENTS FOR CONVERSION
OF COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE.
(a) Additional Notification Requirement.--Subsection (a)(1) of
section 2461 of title 10, United States Code, is amended by inserting
before the semicolon the following: ``and the anticipated length and
cost of the study''.
(b) Notification of Conversion Decision.--Subsection (b) of such
section amended by adding at the end the following new sentence: ``The
notification shall include the timetable for completing conversion of
the function to contractor performance.''.
(c) Waiver for Small Functions.--Subsection (d) of such section is
amended by striking out ``45 or fewer'' and inserting in lieu thereof
``20 or fewer''.
SEC. 385. COLLECTION AND RETENTION OF COST INFORMATION DATA ON
CONVERTED SERVICES AND FUNCTIONS.
(a) Collection and Retention Required.--Section 2463 of title 10,
United States Code, is amended to read as follows:
``2463. Collection and retention of cost information data on
converted services and functions
``(a) Requirements In Connection With Conversion to Contractor
Performance.--With respect to each contract converting the performance
of a service or function of the Department of Defense to contractor
performance (and any extension of such a contract), the Secretary of
Defense shall collect, during the term of the contract or extension, but
not to exceed five years, cost information data regarding performance of
the service or function by private contractor employees.
``(b) Requirements In Connection With Return to Employee
Performance.--Whenever the performance of a commercial or industrial
type activity of the Department of Defense that is being performed by 50
or more employees of a private contractor is changed to performance by
civilian employees of the Department of Defense, the Secretary of
Defense shall collect, for a five-year period, cost information data
comparing--
``(1) the estimated costs of continued performance of such activity
by private contractor employees; and
``(2) the costs of performance of such activity by civilian
employees of the Department of Defense.
``(c) Retention of Information.--With regard to the conversion to or
from contractor performance of a particular service or function of the
Department of Defense, the Secretary of Defense shall provide for the
retention of information collected under this section for at least a
10-year period beginning at the end of the final year in which the
information is collected.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 146 of title 10, United
States Code, is amended to read as follows:
``2463. Collection and retention of cost information data on
converted services and functions.''.
SEC. 386. FINANCIAL ASSISTANCE TO SUPPORT ADDITIONAL DUTIES
ASSIGNED TO ARMY NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code, is amended
by adding at the end the following new section:
``113. Federal financial assistance for support of additional
duties assigned to the Army National Guard
``(a) Authority.--The Secretary of the Army may provide financial
assistance to a State to support activities carried out by the Army
National Guard of the State in the performance of duties that the
Secretary has assigned, with the consent of the Chief of the National
Guard Bureau, to the Army National Guard of the State. The Secretary
shall determine the amount of the assistance that is appropriate for the
purpose.
``(b) Covered Activities.--Activities supported under this section
may include only those activities that are carried out by the Army
National Guard in the performance of responsibilities of the Secretary
of the Army under paragraphs (6), (10), and (11) of section 3013(b) of
title 10.
``(c) Disbursement Through National Guard Bureau.--The Secretary of
the Army shall disburse any contribution under this section through the
Chief of the National Guard Bureau.
``(d) Availability of Funds.--Funds appropriated for the Army for a
fiscal year are available for providing financial assistance under this
section in support of activities carried out by the Army National Guard
during that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``113. Federal financial assistance for support of additional
duties assigned to the Army National Guard.''.
SEC. 387. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
(a) Extension of Requirement to Use Private-Sector
Sources.--Subsection (a) of section 351 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat.
266) is amended--
(1) by striking out ``and 1997'' and inserting in lieu thereof
``through 1998''; and
(2) by striking out ``Defense Printing Service'' and inserting in
lieu thereof ``Defense Automated Printing Service''.
(b) Surcharge for Services.--Such section is further amended by
adding at the end the following new subsection:
``(d) Conditions on Imposition of Surcharge.--(1) Any surcharge
imposed by the Defense Automated Printing Service on printing and
duplication services for the Department of Defense shall be based on
direct services provided by the Defense Automated Printing Service and
reflect the costs incurred by the Defense Automated Printing Service, as
described in its annual budget.
``(2) The Defense Automated Printing Service may not impose a
surcharge on any printing and duplication service for the Department of
Defense that is procured from a source outside of the Department.''.
(c) Authority To Procure Services From Government Printing
Office.--Consistent with section 501 of title 44, United States Code,
the Secretary of a military department or head of a Defense Agency may
contract directly with the Government Printing Office for printing and
duplication services otherwise available through the Defense Automated
Printing Service.
SEC. 388. CONTINUATION AND EXPANSION OF DEMONSTRATION PROGRAM
TO IDENTIFY OVERPAYMENTS MADE TO VENDORS.
(a) Scope of Program.--Section 354 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat.
268; 10 U.S.C. 2461 note) is amended--
(1) in subsection (a), by striking out the second sentence; and
(2) in subsection (b)(1), by striking out ``of the Defense Logistics
Agency that relate to (at least) fiscal years 1993, 1994, and 1995'' and
inserting in lieu thereof ``relating to fiscal years after fiscal year
1993 of the working-capital funds and industrial, commercial, and
support type activities managed through the Defense Business Operations
Fund, except the Defense Logistics Agency to the extent such records
have already been audited''.
(b) Collection Method; Contractor Payments.--Such section is further
amended by striking out subsections (d) and (e) and inserting in lieu
thereof the following new subsections:
``(d) Collection Method.--(1) In the case of an overpayment to a
vendor identified under the demonstration program, the Secretary shall
consider the use of the procedures specified in section 32.611 of the
Federal Acquisition Regulation, regarding a setoff against existing
invoices for payment to the vendor, as the first method by which the
Department seeks to recover the amount of the overpayment (and any
applicable interest and penalties) from the vendor.
``(2) The Secretary of Defense shall be solely responsible for
notifying a vendor of an overpayment made to the vendor and identified
under the demonstration program and for recovering the amount of the
overpayment (and any applicable interest and penalties) from the vendor.
``(e) Fees for Contractor.--The Secretary shall pay to the contractor
under the contract entered into under the demonstration program an
amount not to exceed 25 percent of the total amount recovered by the
Department (through the collection of overpayments and the use of
setoffs) solely on the basis of information obtained as a result of the
audits performed by the contractor under the program. When an
overpayment is recovered through the use of a setoff, amounts for the
required payment to the contractor shall be derived from funds available
to the working-capital fund or industrial, commercial, or support type
activity for which the overpayment is recovered.''.
(c) GAO Review.--Not later than December 31, 1998, the Comptroller
General shall submit to Congress a report containing the results of a
review by the Comptroller General of the demonstration program conducted
under section 354 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106; 10 U.S.C. 2461 note). In the review, the
Comptroller General shall--
(1) assess the success of the methods used in the demonstration
program to identify overpayments made to vendors;
(2) consider the types of overpayments identified and the
feasibility of avoiding such overpayments through contract adjustments;
(3) determine the total amount of overpayments recovered under the
demonstration program; and
(4) develop recommendations for improving the process by which
overpayments are recovered by the Department of Defense.
SEC. 389. DEVELOPMENT OF STANDARD FORMS REGARDING PERFORMANCE
WORK STATEMENT AND REQUEST FOR PROPOSAL FOR CONVERSION OF CERTAIN
OPERATIONAL FUNCTIONS OF MILITARY INSTALLATIONS.
(a) Standardization of Requirements.--The Secretary of Defense is
authorized and encouraged to develop standard forms (to be known as a
``standard performance work statement'' and a ``standard request for
proposal'') for use in the consideration for conversion to contractor
performance of commercial services and functions at military
installations. A separate standard form shall be developed for each
service and function.
(b) Relationship to OMB Requirements.--A standard performance work
statement or a standard request for proposal developed under subsection
(a) must fulfill the basic requirements of the performance work
statement or request for proposal otherwise required under the
procedures and requirements of Office of Management and Budget Circular
A 76 (or any successor administrative regulation or policy) in effect at
the time the standard form will be used.
(c) Priority Development of Certain Forms.--In developing standard
performance work statements and standard requests for proposal, the
Secretary shall give first priority to those commercial services and
functions that the Secretary determines have been successfully converted
to contractor performance on a repeated basis.
(d) Incentive for Use.--Beginning not later than October 1, 1998, if
a standard performance work statement or a standard request for proposal
is developed under subsection (a) for a particular service and function,
the standard form may be used in lieu of the performance work statement
or request for proposal otherwise required under the procedures and
requirements of Office of Management and Budget Circular A 76 in
connection with the consideration for conversion to contractor
performance of that service or function at a military installation.
(e) Exclusion of Multi-Function Conversion.--If a commercial service
or function for which a standard form is developed under subsection (a)
is combined with another service or function (for which such a form has
not yet been developed) for purposes of considering the services and
functions at the military installation for conversion to contractor
performance, a standard performance work statement or a standard request
for proposal developed under subsection (a) may not be used in the
conversion process in lieu of the procedures and requirements of Office
of Management and Budget Circular A 76.
(f) Effect on Other Laws.--Nothing in this section shall be construed
to supersede any other requirements or limitations, specifically
contained in chapter 146 of title 10, United States Code, on the
conversion to contractor performance of activities performed by civilian
employees of the Department of Defense.
(g) GAO Report.--Not later than June 1, 1999, the Secretary of
Defense shall submit to Congress a report reviewing the implementation
of this section.
(h) Military Installation Defined.--For purposes of this section, the
term ``military installation'' means a base, camp, post, station, yard,
center, homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility.
SEC. 390. BASE OPERATIONS SUPPORT FOR MILITARY INSTALLATIONS ON GUAM.
(a) Contractor Use of Nonimmigrant Aliens.--Each contract for base
operations support to be performed on Guam shall contain a condition
that work under the contract may not be performed by any alien who is
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)).
(b) Application of Section.--This section shall apply to contracts
entered into, amended, or otherwise modified on or after the date of the
enactment of this Act.
SEC. 391. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) Pilot Program Required.--The Secretary of Defense may carry out a
pilot program to use commercial sources of services to improve the
collection of Department of Defense claims under aircraft engine
warranties.
(b) Contracts.--Exercising the authority provided in section 3718 of
title 31, United States Code, the Secretary of Defense may enter into
contracts under the pilot program to provide for the following services:
(1) Collection services.
(2) Determination of amounts owed the Department of Defense for
repair of aircraft engines for conditions covered by warranties.
(3) Identification and location of the sources of information that
are relevant to collection of Department of Defense claims under
aircraft engine warranties, including electronic data bases and document
filing systems maintained by the Department of Defense or by the
manufacturers and suppliers of the aircraft engines.
(4) Services to define the elements necessary for an effective
training program to enhance and improve the performance of Department of
Defense personnel in collecting and organizing documents and other
information that are necessary for efficient filing, processing, and
collection of Department of Defense claims under aircraft engine
warranties.
(c) Contractor Fee.--Under the authority provided in section 3718(d)
of title 31, United States Code, a contract entered into under the pilot
program shall provide for the contractor to be paid, out of the amount
recovered by the contractor under the program, such percentages of the
amount recovered as the Secretary of Defense determines appropriate.
(d) Retention of Recovered Funds.--Subject to any obligation to pay a
fee under subsection (c), any amount collected for the Department of
Defense under the pilot program for a repair of an aircraft engine for a
condition covered by a warranty shall be credited to an appropriation
available for repair of aircraft engines for the fiscal year in which
collected and shall be available for the same purposes and same period
as the appropriation to which credited.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.
(f) Termination of Authority.--The pilot program shall terminate on
September 30, 1999, and contracts entered into under this section shall
terminate not later than that date.
(g) Reporting Requirements.--(1) Not later than January 1, 2000, the
Secretary of Defense shall submit to Congress a report on the pilot
program. The report shall include the following:
(A) The number of contracts entered into under the program.
(B) The extent to which the services provided under the contracts
resulted in financial benefits for the Federal Government.
(C) Any additional comments and recommendations that the Secretary
considers appropriate regarding use of commercial sources of services
for collection of Department of Defense claims under aircraft engine
warranties.
(2) Not later than March 1, 2000, the Comptroller General shall
submit to Congress a report containing the results of a review by the
Comptroller General of the pilot program. In the review, the Comptroller
General shall--
(A) assess the success of the methods used in the demonstration
program to identify and recover Department of Defense claims under
aircraft engine warranties;
(B) determine the total amount recovered by the Department of
Defense under the pilot program;
(C) evaluate the report prepared by the Secretary under paragraph
(1); and
(D) develop recommendations for improving the process by which
warranty claims are recovered by the Department of Defense.
SEC. 392. PROGRAM TO INVESTIGATE FRAUD, WASTE, AND ABUSE
WITHIN DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain a specific coordinated
program for the investigation of evidence of fraud, waste, and abuse
within the Department of Defense, particularly fraud, waste, and abuse
regarding finance and accounting matters.
SEC. 393. MULTITECHNOLOGY AUTOMATED READER CARD DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of the Navy shall carry out a
program to demonstrate expanded use of multitechnology automated reader
cards throughout the Navy and the Marine Corps. The demonstration
program shall include demonstration of the use of the so-called
``smartship'' technology of the ship-to-shore work load/off load program
of the Navy.
(b) Period of Program.--The Secretary shall carry out the
demonstration program for two years beginning not later than January 1,
1998.
(c) Report.--Not later than 90 days after termination of the
demonstration program, the Secretary shall submit to Congress a report
on the results of the program.
(d) Funding.--Of the amount authorized to be appropriated pursuant to
section 301(2) for operation and maintenance for the Navy, $36,000,000
shall be available for the demonstration program under this section, of
which $6,300,000 shall be available for demonstration of the use of the
so-called ``smartship'' technology of the ship-to-shore work load/off
load program of the Navy.
SEC. 394. REDUCTION IN OVERHEAD COSTS OF INVENTORY CONTROL POINTS.
(a) Report and Plan Required.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report containing a plan
to reduce overhead costs of the supply management activities of the
Defense Logistics Agency and the military departments (known as
Inventory Control Points) so that the overhead costs for each fiscal
year after fiscal year 2000 do not exceed eight percent of net sales at
standard price by Inventory Control Points during that year.
(b) Additional Report Requirement.--In addition to the plan, the
report shall include the following:
(1) An identification of inherently governmental, core and noncore
functions in Inventory Control Points and Distribution Depots.
(2) A description of efforts, other than prime vendor and virtual
prime vendor, underway or proposed to improve the efficiency,
incentives, and accountability in Department of Defense supply,
inventory and warehousing services and rates.
(3) An identification and description of the benchmarks established
in the warehousing, distribution, and supply functions of the Department
and the relationship of the benchmarks to performance measurement
methods used in the private sector.
(4) A description of the outcome-oriented performance measures that
are currently being used to evaluate Inventory Control Points and
Distribution Depots.
(5) A specification of any legislative, regulatory, or operational
impediments to achieving the requirement in subsection (a) and
implementing best business practices in the warehousing, distribution,
and supply functions of the Department.
(c) Definitions.--For purposes of this section:
(1) The term ``overhead costs'' means the total expenses of the
Inventory Control Points, excluding--
(A) annual materiel costs; and
(B) military and civilian personnel related costs, defined as
personnel compensation and benefits under the March 1996 Department of
Defense Financial Management Regulations, Volume 2A, Chapter 1, Budget
Account Title File (Object Classification Name/Code), object
classifications 200, 211, 220, 221, 222, and 301.
(2) The term ``net sales at standard price'' has the meaning given
that term in the March 1996 Department of Defense Financial Management
Regulations, Volume 2B, Chapter 9, and displayed in ``Exhibit Fund--14
Revenue and Expenses'' for the supply management business areas.
SEC. 395. INVENTORY MANAGEMENT.
(a) Development and Submission of Schedule.--Not later than 180 days
after the date of the enactment of this Act, the Director of the Defense
Logistics Agency shall develop and submit to Congress a schedule for
implementing within the agency, for the supplies and equipment described
in subsection (b), inventory practices identified by the Director as
being the best commercial inventory practices for the acquisition and
distribution of such supplies and equipment consistent with military
requirements. The schedule shall provide for the implementation of such
practices to be completed not later than three years after date of the
enactment of this Act.
(b) Covered Supplies and Equipment.--Subsection (a) shall apply to
the following types of supplies and equipment for the Department of
Defense:
(1) Medical and pharmaceutical.
(2) Subsistence.
(3) Clothing and textiles.
(4) Commercially available electronics.
(5) Construction.
(6) Industrial.
(7) Automotive.
(8) Fuel.
(9) Facilities maintenance.
(c) Definition.--For purposes of this section, the term ``best
commercial inventory practice'' includes a so-called prime vendor
arrangement and any other practice that the Director determines will
enable the Defense Logistics Agency to reduce inventory levels and
holding costs while improving the responsiveness of the supply system to
user needs.
(d) Report on Expansion of Covered Supplies and Equipment.--Not later
than March 1, 1998, the Comptroller General shall submit to Congress a
report evaluating the feasibility of expanding the list of covered
supplies and equipment under subsection (b) to include repairable items.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major
regional contingencies.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the Reserves.
Sec. 413. End strengths for military technicians (dual status).
SUBTITLE C--AUTHORIZATION OF APPROPRIATIONS
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1998, as follows:
(1) The Army, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR
REGIONAL CONTINGENCIES.
(a) Change in Permanent End Strengths.--Subsection (b) of section 691
of title 10, United States Code, is amended--
(1) in paragraph (2), by striking out ``395,000'' and inserting in
lieu thereof ``390,802''; and
(2) in paragraph (4), by striking out ``381,000'' and inserting in
lieu thereof ``371,577''.
(b) Increased Flexibility for the Army.--Subsection (e) of such
section is amended by inserting ``or, in the case of the Army, by not
more than 1.5 percent'' before the period at the end.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1998, as follows:
(1) The Army National Guard of the United States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,002.
(6) The Air Force Reserve, 73,447.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year, and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1998,
the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,671.
(6) The Air Force Reserve, 867.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) Authorization for Fiscal Year 1998.--The minimum number of
military technicians (dual status) as of the last day of fiscal year
1998 for the reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) shall be
the following:
(1) For the Army Reserve, 5,503.
(2) For the Army National Guard of the United States, 23,125.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 22,853.
(b) Requests for Future Fiscal Years.--Section 115(g) of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``In each budget submitted by the President to Congress under
section 1105 of title 31, the end strength requested for military
technicians (dual status) for each reserve component of the Army and Air
Force shall be specifically set forth.''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1998 a total of
$69,470,505,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1998.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Limitation on number of general and flag officers who
may serve in positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on
period of recall to active duty.
Sec. 503. Clarification of officers eligible for consideration by
promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of
officers serving as chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to
grades of colonel and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory
retirement of regular generals and admirals in grades above major
general and rear admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by
commanding officers and others in authority.
Sec. 508. Report on the command selection process for District
Engineers of the Army Corps of Engineers.
SUBTITLE B--RESERVE COMPONENT MATTERS
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and
death and disability benefits for reserve members who incur or aggravate
an illness in the line of duty.
Sec. 514. Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to general officer grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel
for Air Force base security functions.
Sec. 516. Involuntary separation of reserve officers in an
inactive status.
Sec. 517. Federal status of service by National Guard members as
honor guards at funerals of veterans.
SUBTITLE C--MILITARY TECHNICIANS
Sec. 521. Authority to retain on the reserve active-status list
until age 60 military technicians in the grade of brigadier general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of
AGR personnel to military technicians (dual status).
SUBTITLE D--MEASURES TO IMPROVE RECRUIT QUALITY AND REDUCE RECRUIT
ATTRITION
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for
military service.
Sec. 533. Improvements in physical fitness of recruits.
SUBTITLE E--MILITARY EDUCATION AND TRAINING
PART I--OFFICER EDUCATION PROGRAMS
Sec. 541. Requirement for candidates for admission to United
States Naval Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at
service academies of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for
participation in Senior Reserve Officers' Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior
Reserve Officers' Training Corps units to maximize enrollment and
enhance efficiency.
PART II--OTHER EDUCATION MATTERS
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in support of a
contingency operation.
PART III--TRAINING OF ARMY DRILL SERGEANTS
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill
sergeant trainees.
SUBTITLE F--COMMISSION ON MILITARY TRAINING AND GENDER-RELATED ISSUES
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
SUBTITLE G--MILITARY DECORATIONS AND AWARDS
Sec. 571. Purple Heart to be awarded only to members of the Armed
Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for
participation in Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain
decorations to specified persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve
for award of service medal for heroism.
Sec. 575. One-year extension of period for receipt of
recommendations for decorations and awards for certain military
intelligence personnel.
Sec. 576. Eligibility of certain World War II military
organizations for award of unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
SUBTITLE H--MILITARY JUSTICE MATTERS
Sec. 581. Establishment of sentence of confinement for life
without eligibility for parole.
Sec. 582. Limitation on appeal of denial of parole for offenders
serving life sentence.
SUBTITLE I--OTHER MATTERS
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating
to gender equity in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of
certain non-Federal entities.
Sec. 594. Treatment of participation of members in Department of
Defense civil military programs.
Sec. 595. Comptroller General study of Department of Defense civil
military programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache AE1 in France.
Sec. 598. Report on crew requirements of WC 130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to
Department of Defense.
Subtitle A--Officer Personnel Policy
SEC. 501. LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS
WHO MAY SERVE IN POSITIONS OUTSIDE THEIR OWN SERVICE.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by adding at the end the following new section:
``721. General and flag officers: limitation on appointments,
assignments, details, and duties outside an officer's own service
``(a) Limitation.--An officer described in subsection (b) may not be
appointed, assigned, or detailed for a period in excess of 180 days to a
position external to that officer's armed force if, immediately
following such appointment, assignment, or detail, the number of
officers described in subsection (b) serving in positions external to
such officers' armed force would be in excess of 26.5 percent of the
total number of the officers described in subsection (b).
``(b) Covered Officers.--The officers covered by subsection (a), and
to be counted for the purposes of the limitation in that subsection, are
the following:
``(1) Any general or flag officer counted for purposes of section
526(a) of this title.
``(2) Any general or flag officer serving in a joint duty assignment
position designated by the Chairman of the Joint Chiefs of Staff under
section 526(b) of this title.
``(3) Any colonel or Navy captain counted for purposes of section
777(d)(1) of this title.
``(c) External Positions.--For purposes of this section, the
following positions shall be considered to be external to an officer's
armed force:
``(1) Any position (including a position in joint education) that is
a joint duty assignment for purposes of chapter 38 of this title.
``(2) Any position in the Office of the Secretary of Defense, a
Defense Agency, or a Department of Defense Field Activity.
``(3) Any position in the Joint Chiefs of Staff, the Joint Staff, or
the headquarters of a combatant command (as defined in chapter 6 of this
title).
``(4) Any position in the National Guard Bureau.
``(5) Any position outside the Department of Defense, including any
position in the headquarters of the North Atlantic Treaty Organization
or any other international military command, any combined or
multinational command, or military mission.
``(d) Treatment of Officers Holding Multiple Positions.--(1) If an
officer described in subsection (b) simultaneously holds both a position
external to that officer's armed force and another position not external
to that officer's armed force, the Secretary of Defense shall determine
whether that officer shall be counted for the purposes of this section.
``(2) The Secretary of Defense shall submit to Congress an annual
report on the number of officers to whom paragraph (1) was applicable
during the year covered by the report. The report shall set forth the
determination made by the Secretary under that paragraph in each such
case.
``(e) Assignments, Etc., For Periods in Excess of 180 Days.--For
purposes of this section, the appointment, assignment, or detail of an
officer to a position shall be considered to be for a period in excess
of 180 days unless the appointment, assignment, or detail specifies that
it is made for a period of 180 days or less.
``(f) Waiver During Period of War or National Emergency.--The
President may suspend the operation of this section during any period of
war or of national emergency declared by Congress or the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``721. General and flag officers: limitation on appointments,
assignments, details, and duties outside an officer's own service.''.
SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS FROM
LIMITATION ON PERIOD OF RECALL TO ACTIVE DUTY.
Section 688(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``A member''; and
(2) by adding at the end the following:
``(2) Paragraph (1) does not apply to the following officers:
``(A) A chaplain who is assigned to duty as a chaplain for the
period of active duty to which ordered.
``(B) A health care professional (as characterized by the Secretary
concerned) who is assigned to duty as a health care professional for the
period of active duty to which ordered.
``(C) An officer assigned to duty with the American Battle Monuments
Commission for the period of active duty to which ordered.''.
SEC. 503. CLARIFICATION OF OFFICERS ELIGIBLE FOR CONSIDERATION
BY PROMOTION BOARDS.
(a) Officers on the Active-Duty List.--Section 619(d) of title 10,
United States Code, is amended--
(1) by striking out ``grade--'' in the matter preceding paragraph
(1) and inserting in lieu thereof ``grade any of the following
officers:'';
(2) in paragraph (1)--
(A) by striking out ``an officer'' and inserting in lieu thereof
``An officer''; and
(B) by striking out ``; or'' at the end and inserting in lieu
thereof a period;
(3) by redesignating paragraph (2) as paragraph (3) and in that
paragraph striking out ``an officer'' and inserting in lieu thereof ``An
officer''; and
(4) by inserting after paragraph (1) the following new paragraph (2):
``(2) An officer who is recommended for promotion to that grade in
the report of an earlier selection board convened under that section, in
the case of such a report that has not yet been approved by the
President.''.
(b) Officers on the Reserve Active-Status List.--Section 14301(c) of
such title is amended--
(1) by striking out ``grade--'' in the matter preceding paragraph
(1) and inserting in lieu thereof ``grade any of the following
officers:'';
(2) by striking out ``an officer'' in each of paragraphs (1), (2),
and (3) and inserting in lieu thereof ``An officer'';
(3) by striking out the semicolon at the end of paragraph (1) and
inserting in lieu thereof a period;
(4) by striking out ``; or'' at the end of paragraph (2) and
inserting in lieu thereof a period;
(5) by redesignating paragraphs (2) and (3), as so amended, as
paragraphs (3) and (4), respectively, and in each such paragraph
striking out ``the next higher grade'' and inserting in lieu thereof
``that grade''; and
(6) by inserting after paragraph (1) the following new paragraph (2):
``(2) An officer who is recommended for promotion to that grade in
the report of an earlier selection board convened under a provision
referred to in paragraph (1), in the case of such a report that has not
yet been approved by the President.''.
(c) Clarifying Amendments.--Paragraphs (3) and (4) of section
14301(c) of such title, as redesignated and amended by subsection (b),
are each amended by inserting before the period at the end the
following: ``, if that nomination is pending before the Senate''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to selection boards that are convened under section 611(a),
14101(a), or 14502 of title 10, United States Code, on or after that
date.
SEC. 504. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF
OFFICERS SERVING AS CHAPLAINS.
(a) Authority for Deferral of Retirement for Chaplains.--Subsection
(c) of section 1251 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
``(2) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is appointed or designated as a
chaplain if the Secretary determines that such deferral is in the best
interest of the military department concerned.''.
(b) Authority for Deferral of Retirement for Chief and Deputy Chief
of Chaplains.--Such section is further amended by adding at the end the
following new subsection:
``(d) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is the Chief of Chaplains or Deputy
Chief of Chaplains of that officer's armed force. Such a deferment may
not extend beyond the first day of the month following the month in
which the officer becomes 68 years of age.''.
(c) Qualification for Service as Navy Chief of Chaplains or Deputy
Chief of Chaplains.--(1) Section 5142(b) of such title is amended by
striking out ``, who are not on the retired list,''.
(2) Section 5142a of such title is amended by striking out ``, who is
not on the retired list,''.
SEC. 505. INCREASE IN NUMBER OF OFFICERS ALLOWED TO BE FROCKED
TO GRADES OF COLONEL AND NAVY CAPTAIN.
Section 777(d)(2) of title 10, United States Code, is amended by
inserting after ``1 percent'' the following: ``, or, for the grades of
colonel and Navy captain, 2 percent,''.
SEC. 506. INCREASED YEARS OF COMMISSIONED SERVICE FOR
MANDATORY RETIREMENT OF REGULAR GENERALS AND ADMIRALS IN GRADES ABOVE
MAJOR GENERAL AND REAR ADMIRAL.
(a) Years of Service.--Section 636 of title 10, United States Code,
is amended--
(1) by striking out ``Except as provided'' and inserting in lieu
thereof ``(a) Major Generals and Rear Admirals Serving in Grade.--Except
as provided in subsection (b) or (c) and''; and
(2) by adding at the end the following:
``(b) Lieutenant Generals and Vice Admirals.--In the administration
of subsection (a) in the case of an officer who is serving in the grade
of lieutenant general or vice admiral, the number of years of active
commissioned service applicable to the officer is 38 years.
``(c) Generals and Admirals.--In the administration of subsection (a)
in the case of an officer who is serving in the grade of general or
admiral, the number of years of active commissioned service applicable
to the officer is 40 years.''.
(b) Section Heading.--The heading of such section is amended to read
as follows:
``636. Retirement for years of service: regular officers in
grades above brigadier general and rear admiral (lower half)''.
(c) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of subchapter III of chapter 36 of
such title is amended to read as follows:
``636. Retirement for years of service: regular officers in grades
above brigadier general and rear admiral (lower half).''.
SEC. 507. UNIFORM POLICY FOR REQUIREMENT OF EXEMPLARY CONDUCT
BY COMMANDING OFFICERS AND OTHERS IN AUTHORITY.
(a) Army.--(1) Chapter 345 of title 10, United States Code, is
amended by adding at the end the following new section:
``3583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Army are
required--
``(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all persons who
are placed under their command;
``(3) to guard against and suppress all dissolute and immoral
practices, and to correct, according to the laws and regulations of the
Army, all persons who are guilty of them; and
``(4) to take all necessary and proper measures, under the laws,
regulations, and customs of the Army, to promote and safeguard the
morale, the physical well-being, and the general welfare of the officers
and enlisted persons under their command or charge.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``3583. Requirement of exemplary conduct.''.
(b) Air Force.--(1) Chapter 845 of title 10, United States Code, is
amended by adding at the end the following new section:
``8583. Requirement of exemplary conduct
``All commanding officers and others in authority in the Air Force
are required--
``(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all persons who
are placed under their command;
``(3) to guard against and suppress all dissolute and immoral
practices, and to correct, according to the laws and regulations of the
Air Force, all persons who are guilty of them; and
``(4) to take all necessary and proper measures, under the laws,
regulations, and customs of the Air Force, to promote and safeguard the
morale, the physical well-being, and the general welfare of the officers
and enlisted persons under their command or charge.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``8583. Requirement of exemplary conduct.''.
SEC. 508. REPORT ON THE COMMAND SELECTION PROCESS FOR DISTRICT
ENGINEERS OF THE ARMY CORPS OF ENGINEERS.
Not later than March 31, 1998, the Secretary of the Army shall submit
to Congress a report on the command selection process for officers
serving as District Engineers of the Corps of Engineers. The report
shall include the following:
(1) An identification of each major Corps of Engineers project that--
(A) is being carried out by each District Engineer as of the date of
the report; or
(B) is being planned by each District Engineer to be carried out
during the five-year period beginning on the date of the report.
(2) The expected start and completion dates, during that period, for
each major phase of each project identified under paragraph (1).
(3) The expected dates for changes in the District Engineer in each
Corps of Engineers District during that period.
(4) A plan for optimizing the timing of changes in the District
Engineer in each such District so that there is minimal disruption to
major phases of major Corps of Engineers projects.
(5) A review of the effect on the Corps of Engineers, and on the
mission of each District of the Corps of Engineers, of allowing major
command tours of District Engineers to be of two-to-four years in
duration, with the selection of the exact timing of the change of
command to be at the discretion of the Chief of Engineers, who shall act
with the goal of optimizing the timing of each change so that it has
minimal disruption on the mission of the District Engineer.
Subtitle B--Reserve Component Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AUTHORITY.
(a) IRR Members Subject To Order to Active Duty Other Than During War
or National Emergency.--Section 10144 of title 10, United States Code,
is amended--
(1) by inserting ``(a)'' before ``Within the Ready Reserve''; and
(2) by adding at the end the following new subsection:
``(b)(1) Within the Individual Ready Reserve of each reserve
component there is a category of members, as designated by the Secretary
concerned, who are subject to being ordered to active duty involuntarily
in accordance with section 12304 of this title. A member may not be
placed in that mobilization category unless--
``(A) the member volunteers for that category; and
``(B) the member is selected for that category by the Secretary
concerned, based upon the needs of the service and the grade and
military skills of that member.
``(2) A member of the Individual Ready Reserve may not be carried in
such mobilization category of members after the end of the 24-month
period beginning on the date of the separation of the member from active
service.
``(3) The Secretary shall designate the grades and military skills or
specialities of members to be eligible for placement in such
mobilization category.
``(4) A member in such mobilization category shall be eligible for
benefits (other than pay and training) as are normally available to
members of the Selected Reserve, as determined by the Secretary of
Defense.''.
(b) Criteria for Ordering to Active Duty.--Subsection (a) of section
12304 of title 10, United States Code, is amended by inserting after
``of this title),'' the following: ``or any member in the Individual
Ready Reserve mobilization category and designated as essential under
regulations prescribed by the Secretary concerned,''.
(c) Maximum Number.--Subsection (c) of such section is amended--
(1) by inserting ``and the Individual Ready Reserve'' after
``Selected Reserve''; and
(2) by inserting ``, of whom not more than 30,000 may be members of
the Individual Ready Reserve'' before the period at the end.
(d) Conforming Amendments.--Such section is further amended--
(1) in subsection (f), by inserting ``or Individual Ready Reserve''
after ``Selected Reserve'';
(2) in subsection (g), by inserting ``, or any member of the
Individual Ready Reserve,'' after ``to serve as a unit''; and
(3) by adding at the end the following new subsection:
``(i) For purposes of this section, the term `Individual Ready
Reserve mobilization category' means, in the case of any reserve
component, the category of the Individual Ready Reserve described in
section 10144(b) of this title.''.
(e) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during war or national
emergency''.
(2) The item relating to section 12304 in the table of sections at
the beginning of chapter 1209 of such title is amended to read as
follows:
``12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during war or national
emergency.''.
SEC. 512. TERMINATION OF MOBILIZATION INCOME INSURANCE PROGRAM.
(a) In General.--Chapter 1214 of title 10, United States Code, is
amended by adding at the end the following new section:
``12533. Termination of program
``(a) In General.--The Secretary shall terminate the insurance
program in accordance with this section.
``(b) Termination of New Enrollments.--The Secretary may not enroll a
member of the Ready Reserve for coverage under the insurance program
after the date of the enactment of this section.
``(c) Termination of Coverage.--(1) The enrollment under the
insurance program of insured members other than insured members
described in paragraph (2) is terminated as of the date of the enactment
of this section. The enrollment of an insured member described in
paragraph (2) is terminated as of the date of the termination of the
period of covered service of that member described in that paragraph.
``(2) An insured member described in this paragraph is an insured
member who on the date of the enactment of this section is serving on
covered service for a period of service, or has been issued an order
directing the performance of covered service, that satisfies or would
satisfy the entitlement-to-benefits provisions of this chapter.
``(d) Termination of Payment of Benefits.--The Secretary may not make
any benefit payment under the insurance program after the date of the
enactment of this section other than to an insured member who on that
date (1) is serving on an order to covered service, (2) has been issued
an order directing performance of covered service, or (3) has served on
covered service before that date for which benefits under the program
have not been paid to the member.
``(e) Termination of Insurance Fund.--The Secretary shall close the
Fund not later than 60 days after the date on which the last benefit
payment from the Fund is made. Any amount remaining in the Fund when
closed shall be covered into the Treasury as miscellaneous receipts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``12533. Termination of program.''.
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE
AND DEATH AND DISABILITY BENEFITS FOR RESERVE MEMBERS WHO INCUR OR
AGGRAVATE AN ILLNESS IN THE LINE OF DUTY.
(a) Medical and Dental Care for Members.--Section 1074a of title 10,
United States Code, is amended--
(1) in subsection (a)(3), by inserting ``while remaining overnight
immediately before the commencement of inactive-duty training, or''
after ``in the line of duty''; and
(2) by adding at the end the following new subsection:
``(e) A member of a uniformed service described in paragraph (1)(A)
or (2)(A) of subsection (a) whose orders are modified or extended, while
the member is being treated for (or recovering from) the injury,
illness, or disease incurred or aggravated in the line of duty, so as to
result in active duty for a period of more than 30 days shall be
entitled, while the member remains on active duty, to medical and dental
care on the same basis and to the same extent as members covered by
section 1074(a) of this title.''.
(b) Medical and Dental Care for Dependents.--Section 1076(a) of such
title is amended by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
``(2) A dependent referred to in paragraph (1) is a dependent of a
member of a uniformed service described in one of the following
subparagraphs:
``(A) A member who is on active duty for a period of more than 30
days or died while on that duty.
``(B) A member who died from an injury, illness, or disease incurred
or aggravated--
``(i) while the member was on active duty under a call or order to
active duty of 30 days or less, on active duty for training, or on
inactive-duty training; or
``(ii) while the member was traveling to or from the place at which
the member was to perform, or had performed, such active duty, active
duty for training, or inactive-duty training.
``(C) A member who died from an injury, illness, or disease incurred
or aggravated in the line of duty while the member remained overnight
immediately before the commencement of inactive-duty training, or while
the member remained overnight between successive periods of
inactive-duty training, at or in the vicinity of the site of the
inactive-duty training, if the site was outside reasonable commuting
distance from the member's residence.
``(D) A member who incurred or aggravated an injury, illness, or
disease in the line of duty while serving on active duty for a period of
30 days or less (or while traveling to or from the place of such duty)
and the member's orders are modified or extended, while the member is
being treated for (or recovering from) the injury, illness, or disease,
so as to result in active duty for a period of more than 30 days.
However, this subparagraph entitles the dependent to medical and dental
care only while the member remains on active duty.''.
(c) Eligibility for Disability Retirement or Separation.--(1) Section
1204(2) of such title is amended to read as follows:
``(2) the disability--
``(A) was incurred before September 24, 1996, as the proximate
result of--
``(i) performing active duty or inactive-duty training;
``(ii) traveling directly to or from the place at which such duty is
performed; or
``(iii) an injury, illness, or disease incurred or aggravated while
remaining overnight, immediately before the commencement of
inactive-duty training, or while remaining overnight between successive
periods of inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, if the site of the inactive-duty training is
outside reasonable commuting distance of the member's residence; or
``(B) is a result of an injury, illness, or disease incurred or
aggravated in line of duty after September 23, 1996--
``(i) while performing active duty or inactive-duty training;
``(ii) while traveling directly to or from the place at which such
duty is performed; or
``(iii) while remaining overnight, immediately before the
commencement of inactive-duty training, or while remaining overnight
between successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the site of the
inactive-duty training is outside reasonable commuting distance of the
member's residence;''.
(2) Section 1206 of such title is amended--
(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3),
(4), and (5), respectively, and
(B) by inserting after paragraph (1) the following new paragraph (2):
``(2) the disability is a result of an injury, illness, or disease
incurred or aggravated in line of duty while--
``(A) performing active duty or inactive-duty training;
``(B) traveling directly to or from the place at which such duty is
performed; or
``(C) while remaining overnight immediately before the commencement
of inactive-duty training, or while remaining overnight between
successive periods of inactive-duty training, at or in the vicinity of
the site of the inactive-duty training, if the site is outside
reasonable commuting distance of the member's residence;''.
(d) Conforming Amendments and Related Clerical Amendments.--(1) The
heading of section 1204 of title 10, United States Code, is amended to
read as follows:
``1204. Members on active duty for 30 days or less or on
inactive-duty training: retirement''.
(2) The heading of section 1206 of such title is amended to read as
follows:
``1206. Members on active duty for 30 days or less or on
inactive-duty training: separation''.
(3) The table of sections at the beginning of chapter 61 of such
title is amended--
(A) by striking out the item relating to section 1204 and inserting
in lieu thereof the following:
``1204. Members on active duty for 30 days or less or on
inactive-duty training: retirement.'';
and
(B) by striking out the item relating to section 1206 and inserting
in lieu thereof the following:
``1206. Members on active duty for 30 days or less or on
inactive-duty training: separation.''.
(e) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of such title is amended by inserting ``remaining
overnight immediately before the commencement of inactive-duty training,
or'' after ``(D)''.
(f) Entitlement to Basic Pay.--Section 204 of title 37, United States
Code, is amended by inserting ``while remaining overnight immediately
before the commencement of inactive-duty training, or'' in subsections
(g)(1)(D) and (h)(1)(D) after ``in line of duty''.
(g) Compensation for Inactive-Duty Training.--Section 206(a)(3)(C) of
title 37, United States Code, is amended by inserting ``while remaining
overnight immediately before the commencement of inactive-duty training,
or'' after ``in line of duty''.
SEC. 514. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO BE
CONSIDERED BY VACANCY PROMOTION BOARD TO GENERAL OFFICER GRADES.
(a) Convening of Selection Boards.--Section 14101(a)(2) of title 10,
United States Code, is amended by striking out ``(except in the case of
a board convened to consider officers as provided in section 14301(e) of
this title)''.
(b) Eligibility for Consideration of Certain Army Officers.--Section
14301 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections (e) and
(f), respectively.
(c) General Officer Promotions.--Section 14308 of such title is
amended--
(1) in subsection (e)(2), by inserting ``a grade below colonel in''
after ``(2) an officer in''; and
(2) in subsection (g)--
(A) by inserting ``or the Air Force'' in the first sentence after
``of the Army'' the first place it appears;
(B) by striking out ``in that grade'' in the first sentence and all
that follows through ``Secretary of the Army'' and inserting in lieu
thereof ``in the Army Reserve or the Air Force Reserve, as the case may
be, in that grade''; and
(C) by striking out the second sentence.
(d) Vacancy Promotions.--Section 14315(b)(1) of such title is amended
by striking out ``duties'' in clause (A) and all that follows through
``as a unit,'' and inserting in lieu thereof ``duties of a general
officer of the next higher reserve grade in the Army Reserve,''.
SEC. 515. PROHIBITION ON USE OF AIR FORCE RESERVE AGR
PERSONNEL FOR AIR FORCE BASE SECURITY FUNCTIONS.
(a) In General.--Chapter 1215 of title 10, United States Code, is
amended by striking out
``[NO PRESENT SECTIONS]''
and inserting in lieu thereof the following:
``Sec.
12551. Prohibition of use of Air Force Reserve AGR personnel for
Air Force base security functions.
``12551. Prohibition of use of Air Force Reserve AGR personnel
for Air Force base security functions
``(a) Limitation.--The Secretary of the Air Force may not use members
of the Air Force Reserve who are AGR personnel for the performance of
force protection, base security, or security police functions at an Air
Force facility in the United States.
``(b) AGR Personnel Defined.--In this section, the term `AGR
personnel' means members of the Air Force Reserve who are on active duty
(other than for training) in connection with organizing, administering,
recruiting, instructing, or training the Air Force Reserve.''.
(b) Clerical Amendment.--The items relating to chapter 1215 in the
tables of chapters at the beginning of subtitle E, and at the beginning
of part II of subtitle E, are amended to read as follows:
``1215. Miscellaneous Prohibitions and Penalties
12551''.
SEC. 516. INVOLUNTARY SEPARATION OF RESERVE OFFICERS IN AN
INACTIVE STATUS.
(a) Authority for Involuntary Separation of Certain Inactive Status
Officers.--Section 12683(b) of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking out
``apply--'' and inserting in lieu thereof ``apply to any of the
following:''; and
(2) by adding at the end the following new paragraph:
``(4) a separation of an officer who is in an inactive status in the
Standby Reserve and who is not qualified for transfer to the Retired
Reserve or is qualified for transfer to the Retired Reserve and does not
apply for such a transfer.''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in paragraphs (1), (2), and (3), by striking out ``to a'' and
inserting in lieu thereof ``A'';
(2) by striking out the semicolon at the end of paragraph (1) and
inserting in lieu thereof a period; and
(3) by striking out ``; and'' at the end of paragraph (2) and
inserting in lieu thereof a period.
SEC. 517. FEDERAL STATUS OF SERVICE BY NATIONAL GUARD MEMBERS
AS HONOR GUARDS AT FUNERALS OF VETERANS.
(a) In General.--(1) Chapter 1 of title 32, United States Code, is
amended by adding after section 113, as added by section 386(a), the
following new section:
``114. Honor guard functions at funerals for veterans
``(a) Subject to such regulations and restrictions as may be
prescribed by the Secretary concerned, the performance of honor guard
functions by members of the National Guard at funerals for veterans of
the armed forces may be treated by the Secretary concerned as a Federal
function for which appropriated funds may be used. Any such performance
of honor guard functions at such a funeral may not be considered to be a
period of drill or training otherwise required.
``(b) This section does not authorize additional appropriations for
any fiscal year. Any expense of the National Guard that is incurred by
reason of this section shall be paid from appropriations otherwise
available for the National Guard.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
113, as added by section 386(b), the following new item:
``114. Honor guard functions at funerals for veterans.''.
Subtitle C--Military Technicians
SEC. 521. AUTHORITY TO RETAIN ON THE RESERVE ACTIVE-STATUS
LIST UNTIL AGE 60 MILITARY TECHNICIANS IN THE GRADE OF BRIGADIER
GENERAL.
(a) Retention.--Section 14702(a) of title 10, United States Code, is
amended--
(1) by striking out ``section 14506 or 14507'' and inserting in lieu
thereof ``section 14506, 14507, or 14508''; and
(2) by striking out ``or colonel'' and inserting in lieu thereof
``colonel, or brigadier general''.
(b) Technical Amendment.--Section 14508(c) of such title is amended
by striking out ``not later than the date on which the officer becomes
60 years of age'' and inserting in lieu thereof ``not later than the
last day of the month in which the officer becomes 60 years of age''.
SEC. 522. MILITARY TECHNICIANS (DUAL STATUS).
(a) Definition.--Subsection (a) of section 10216 of title 10, United
States Code, is amended to read as follows:
``(a) In General.--(1) For purposes of this section and any other
provision of law, a military technician (dual status) is a Federal
civilian employee who--
``(A) is employed under section 3101 of title 5 or section 709 of
title 32;
``(B) is required as a condition of that employment to maintain
membership in the Selected Reserve; and
``(C) is assigned to a position as a technician in the
administration and training of the Selected Reserve or in the
maintenance and repair of supplies or equipment issued to the Selected
Reserve or the armed forces.
``(2) Military technicians (dual status) shall be authorized and
accounted for as a separate category of civilian employees.''.
(b) Unit Membership and Dual Status Requirement.--Such section is
further amended by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Unit Membership Requirement.--(1) Unless specifically exempted
by law, each individual who is hired as a military technician (dual
status) after December 1, 1995, shall be required as a condition of that
employment to maintain membership in--
``(A) the unit of the Selected Reserve by which the individual is
employed as a military technician; or
``(B) a unit of the Selected Reserve that the individual is employed
as a military technician to support.
``(2) Paragraph (1) does not apply to a military technician (dual
status) who is employed by the Army Reserve in an area other than Army
Reserve troop program units.
``(e) Dual Status Requirement.--(1) Funds appropriated for the
Department of Defense may not (except as provided in paragraph (2)) be
used for compensation as a military technician of any individual hired
as a military technician after February 10, 1996, who is no longer a
member of the Selected Reserve.
``(2) The Secretary concerned may pay compensation described in
paragraph (1) to an individual described in that paragraph who is no
longer a member of the Selected Reserve for a period not to exceed six
months following the individual's loss of membership in the Selected
Reserve if the Secretary determines that such loss of membership was not
due to the failure of that individual to meet military standards.''.
(c) National Guard Dual Status Requirement.--Section 709(b) of title
32, United States Code, is amended by striking out ``Except as
prescribed by the Secretary concerned, a technician'' and inserting in
lieu thereof ``A technician''.
(d) Plan for Clarification of Statutory Authority of Military
Technicians.--(1) The Secretary of Defense shall submit to Congress, as
part of the budget justification materials submitted in support of the
budget for the Department of Defense for fiscal year 1999, a legislative
proposal to provide statutory authority and clarification under title 5,
United States Code--
(A) for the hiring, management, promotion, separation, and
retirement of military technicians who are employed in support of units
of the Army Reserve or Air Force Reserve; and
(B) for the transition to the competitive service of an individual
who is hired as a military technician in support of a unit of the Army
Reserve or Air Force Reserve and who (as determined by the Secretary
concerned) fails to maintain membership in the Selected Reserve through
no fault of the individual.
(2) The legislative proposal under paragraph (1) shall be developed
in consultation with the Director of the Office of Personnel Management.
(e) Conforming Repeal.--Section 8016 of Public Law 104 61 (109 Stat.
654; 10 U.S.C. 10101 note) is repealed.
(f) Cross-Reference Corrections.--Section 10216(c)(1) of title 10,
United States Code, is amended by striking out ``subsection (a)(1)'' in
subparagraphs (A), (B), (C), and (D) and inserting in lieu thereof
``subsection (b)(1)''.
(g) Conforming Amendments to Section 10216.--Section 10216 of title
10, United States Code, is further amended as follows:
(1) The heading of subsection (b) is amended by inserting ``( Dual
Status)'' after `` Military Technicians''.
(2) Subsection (b)(1) is amended--
(A) by inserting ``(dual status)'' after ``for military technicians'';
(B) by striking out ``dual status military technicians'' and
inserting in lieu thereof ``military technicians (dual status)''; and
(C) by inserting ``(dual status)'' after ``military technicians'' in
subparagraph (C).
(3) Subsection (b)(2) is amended by inserting ``(dual status)''
after ``military technicians'' both places it appears.
(4) Subsection (b)(3) is amended by inserting ``(dual status)''
after ``Military technician''.
(5) Subsection (c) is amended--
(A) in the matter preceding paragraph (1)(A), by inserting ``(dual
status)'' after ``military technicians'';
(B) in paragraph (1), by striking out ``dual-status technicians'' in
subparagraphs (A), (B), (C), and (D) and inserting in lieu thereof
``military technicians (dual status)'';
(C) in paragraph (2)(A), by inserting ``(dual status)'' after
``military technician''; and
(D) in paragraph (2)(B), by striking out ``delineate--'' and all
that follows through ``or other reasons'' in clause (ii) and inserting
in lieu thereof ``delineate the specific force structure reductions''.
(h) Clerical Amendments.--(1) The heading of section 10216 of such
title is amended to read as follows:
``10216. Military technicians (dual status)''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 1007 of such title is amended to read as follows:
``10216. Military technicians (dual status).''.
(i) Other Conforming Amendments.--(1) Section 115(g) of such title is
amended by inserting ``(dual status)'' in the first sentence after
``military technicians'' and in the second sentence after ``military
technician''.
(2) Section 115a(h) of such title is amended--
(A) by inserting ``(displayed in the aggregate and separately for
military technicians (dual status) and non-dual status military
technicians)'' in the matter preceding paragraph (1) after ``of the
following''; and
(B) by striking out paragraph (3).
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United States Code, is
amended by adding at the end the following new section:
``10217. Non-dual status military technicians
``(a) Definition.--For the purposes of this section and any other
provision of law, a non-dual status military technician is a civilian
employee of the Department of Defense serving in a military technician
position who--
``(1) was hired as a military technician before the date of the
enactment of the National Defense Authorization Act for Fiscal Year 1998
under any of the authorities specified in subsection (c); and
``(2) as of the date of the enactment of that Act is not a member of
the Selected Reserve or after such date ceased to be a member of the
Selected Reserve.
``(b) Employment Authorities.--The authorities referred to in
subsection (a) are the following:
``(1) Section 10216 of this title.
``(2) Section 709 of title 32.
``(3) The requirements referred to in section 8401 of title 5.
``(4) Section 8016 of the Department of Defense Appropriations Act,
1996 (Public Law 104 61; 109 Stat. 654), and any comparable provision of
law enacted on an annual basis in the Department of Defense
Appropriations Acts for fiscal years 1984 through 1995.
``(5) Any memorandum of agreement between the Department of Defense
and the Office of Personnel Management providing for the hiring of
military technicians.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``10217. Non-dual status military technicians.''.
(b) Limitation.--The number of civilian employees of a military
department who are non-dual status military technicians as of September
30, 1998, may not exceed the following:
(1) For the Army Reserve, 1,500.
(2) For the Army National Guard of the United States, 2,400.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 450.
(c) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report containing the number of military technician positions that are
held by non-dual status military technicians as of September 30, 1997,
shown separately for each of the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Air Force Reserve.
(4) The Air National Guard of the United States.
(d) Plan for Full Utilization of Military Technicians ( Dual Status
).--(1) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a plan for
ensuring that, on and after September 30, 2007, all military technician
positions are held only by military technicians (dual status).
(2) The plan shall provide for achieving, by September 30, 2002, a 50
percent reduction, by conversion of positions or otherwise, in the
number of non-dual status military technicians that are holding military
technicians positions, as compared with the number of non-dual status
technicians that held military technician positions as of September 30,
1997, as specified in the report under subsection (c).
(3) Among the alternative actions to be considered in developing the
plan, the Secretary shall consider the feasibility and cost of each of
the following:
(A) Eliminating or consolidating technician functions and positions.
(B) Contracting with private sector sources for the performance of
functions performed by military technicians.
(C) Converting non-dual status military technician positions to
military technician (dual status) positions or to positions in the
competitive service or, in the case of positions of the Army National
Guard of the United States or the Air National Guard of the United
States, to positions of State employment.
(D) Use of incentives to facilitate attainment of the objectives
specified for the plan in paragraphs (1) and (2).
(4) The Secretary shall submit with the plan any recommendations for
legislation that the Secretary considers necessary to carry out the
plan.
(e) Definitions for Categories of Military Technicians.--In this
section:
(1) The term ``non-dual status military technician'' has the meaning
given that term in section 10217 of title 10, United States Code, as
added by subsection (a).
(2) The term ``military technician (dual status)'' has the meaning
given the term in section 10216(a) of such title.
SEC. 524. REPORT ON FEASIBILITY AND DESIRABILITY OF CONVERSION
OF AGR PERSONNEL TO MILITARY TECHNICIANS (DUAL STATUS).
(a) Report Required.--Not later than January 1, 1998, the Secretary
of Defense shall submit to Congress a report on the feasibility and
desirability of conversion of AGR personnel to military technicians
(dual status). The report shall--
(1) identify advantages and disadvantages of such a conversion;
(2) identify possible savings if such a conversion were to be
carried out; and
(3) set forth the recommendation of the Secretary as to whether such
a conversion should be made.
(b) AGR Personnel Defined.--For purposes of subsection (a), the term
``AGR personnel'' means members of the Army or Air Force reserve
components who are on active duty (other than for training) in
connection with organizing, administering, recruiting, instructing, or
training their respective reserve components.
Subtitle D--Measures To Improve Recruit Quality and Reduce
Recruit Attrition
SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.
(a) In General.--The Secretary of Defense shall carry out reforms in
the recruiting systems of the Army, Navy, Air Force, and Marine Corps in
order to improve the quality of new recruits and to reduce attrition
among recruits.
(b) Specific Reforms.--As part of the reforms in military recruiting
systems to be undertaken under subsection (a), the Secretary shall take
the following steps:
(1) Improve the system of pre-enlistment waivers and separation
codes used for recruits by (A) revising and updating those waivers and
codes to allow more accurate and useful data collection about those
separations, and (B) prescribing regulations to ensure that those
waivers and codes are interpreted in a uniform manner by the military
services.
(2) Develop a reliable database for (A) analyzing (at both the
Department of Defense and service-level) data on reasons for attrition
of new recruits, and (B) undertaking Department of Defense or
service-specific measures (or both) to control and manage such
attrition.
(3) Require that the Secretary of each military department (A) adopt
or strengthen incentives for recruiters to thoroughly prescreen
potential candidates for recruitment, and (B) link incentives for
recruiters, in part, to the ability of a recruiter to screen out
unqualified candidates before enlistment.
(4) Require that the Secretary of each military department include
as a measurement of recruiter performance the percentage of persons
enlisted by a recruiter who complete initial combat training or basic
training.
(5) Assess trends in the number and use of waivers over the 1991
1997 period that were issued to permit applicants to enlist with medical
or other conditions that would otherwise be disqualifying.
(6) Require the Secretary of each military department to implement
policies and procedures (A) to ensure the prompt separation of recruits
who are unable to successfully complete basic training, and (B) to
remove those recruits from the training environment while separation
proceedings are pending.
(c) Report.--Not later than March 31, 1998, the Secretary shall
submit to Congress a report of the trends assessed under subsection
(b)(5). The information on those trends provided in the report shall be
shown by armed force and by category of waiver. The report shall include
recommendations of the Secretary for changing, revising, or limiting the
use of waivers referred to in that subsection.
SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF APPLICANTS
FOR MILITARY SERVICE.
(a) In General.--The Secretary of Defense shall improve the medical
prescreening of applicants for entrance into the Army, Navy, Air Force,
or Marine Corps.
(b) Specific Steps.--As part of those improvements, the Secretary
shall take the following steps:
(1) Require that each applicant for service in the Army, Navy, Air
Force, or Marine Corps (A) provide to the Secretary the name of the
applicant's medical insurer and the names of past medical providers, and
(B) sign a release allowing the Secretary to request and obtain medical
records of the applicant.
(2) Require that the forms and procedures for medical prescreening
of applicants that are used by recruiters and by Military Entrance
Processing Commands be revised so as to ensure that medical questions
are specific, unambiguous, and tied directly to the types of medical
separations most common for recruits during basic training and follow-on
training.
(3) Add medical screening tests to the examinations of recruits
carried out by Military Entrance Processing Stations, provide more
thorough medical examinations to selected groups of applicants, or both,
to the extent that the Secretary determines that to do so could be cost
effective in reducing attrition at basic training.
(4) Provide for an annual quality control assessment of the
effectiveness of the Military Entrance Processing Commands in
identifying medical conditions in recruits that existed before
enlistment in the Armed Forces, each such assessment to be performed by
an agency or contractor other than the Military Entrance Processing
Commands.
SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS.
(a) In General.--The Secretary of Defense shall take steps to improve
the physical fitness of recruits before they enter basic training.
(b) Specific Steps.--As part of those improvements, the Secretary
shall take the following steps:
(1) Direct the Secretary of each military department to implement
programs under which new recruits who are in the Delayed Entry Program
are encouraged to participate in physical fitness activities before
reporting to basic training.
(2) Develop a range of incentives for new recruits to participate in
physical fitness programs, as well as for those recruits who improve
their level of fitness while in the Delayed Entry Program, which may
include access to Department of Defense military fitness facilities, and
access to military medical facilities in the case of a recruit who is
injured while participating in physical activities with recruiters or
other military personnel.
(3) Evaluate whether partnerships between recruiters and reserve
components, or other innovative arrangements, could provide a pool of
qualified personnel to assist in the conduct of physical training
programs for new recruits in the Delayed Entry Program.
Subtitle E--Military Education and Training
PART I--OFFICER EDUCATION PROGRAMS
SEC. 541. REQUIREMENT FOR CANDIDATES FOR ADMISSION TO UNITED
STATES NAVAL ACADEMY TO TAKE OATH OF ALLEGIANCE.
(a) Requirement.--Section 6958 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) To be admitted to the Naval Academy, an appointee must take and
subscribe to an oath prescribed by the Secretary of the Navy. If a
candidate for admission refuses to take and subscribe to the prescribed
oath, the candidate's appointment is terminated.''.
(b) Exception for Midshipmen From Foreign Countries.--Section 6957 of
such title is amended by adding at the end the following new subsection:
``(d) A person receiving instruction under this section is not
subject to section 6958(d) of this title.''.
SEC. 542. SERVICE ACADEMY FOREIGN EXCHANGE PROGRAM.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by inserting after section 4344 the
following new section:
``4345. Exchange program with foreign military academies
``(a) Exchange Program Authorized.--The Secretary of the Army may
permit a student enrolled at a military academy of a foreign country to
receive instruction at the Academy in exchange for a cadet receiving
instruction at that foreign military academy pursuant to an exchange
agreement entered into between the Secretary and appropriate officials
of the foreign country. Students receiving instruction at the Academy
under the exchange program shall be in addition to persons receiving
instruction at the Academy under section 4344 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 cadets and a comparable number of students
from all foreign military academies participating in the exchange
program may be exchanged during any fiscal year. The duration of an
exchange may not exceed the equivalent of one academic semester at the
Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of a
foreign country is not entitled to the pay, allowances, and emoluments
of a cadet by reason of attendance at the Academy under the exchange
program, and the Department of Defense may not incur any cost of
international travel required for transportation of such a student to
and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged cadet in that foreign country.
``(3) The Academy shall bear all costs of the exchange program from
funds appropriated for the Academy. Expenditures in support of the
exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
4344 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Academy under
the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies to participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 4344 the following new
item:
``4345. Exchange program with foreign military academies.''.
(b) Naval Academy.--(1) Chapter 603 of title 10, United States Code,
is amended by inserting after section 6957 the following new section:
``6957a. Exchange program with foreign military academies
``(a) Exchange Program Authorized.--The Secretary of the Navy may
permit a student enrolled at a military academy of a foreign country to
receive instruction at the Naval Academy in exchange for a midshipman
receiving instruction at that foreign military academy pursuant to an
exchange agreement entered into between the Secretary and appropriate
officials of the foreign country. Students receiving instruction at the
Naval Academy under the exchange program shall be in addition to persons
receiving instruction at the Academy under section 6957 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 midshipmen and a comparable number of
students from all foreign military academies participating in the
exchange program may be exchanged during any fiscal year. The duration
of an exchange may not exceed the equivalent of one academic semester at
the Naval Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of a
foreign country is not entitled to the pay, allowances, and emoluments
of a midshipman by reason of attendance at the Naval Academy under the
exchange program, and the Department of Defense may not incur any cost
of international travel required for transportation of such a student to
and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged midshipman in that foreign country.
``(3) The Naval Academy shall bear all costs of the exchange program
from funds appropriated for the Academy. Expenditures in support of the
exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
6957 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Naval Academy
under the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies to participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 6957 the following new
item:
``6957a. Exchange program with foreign military academies.''.
(c) Air Force Academy.--(1) Chapter 903 of title 10, United States
Code, is amended by inserting after section 9344 the following new
section:
``9345. Exchange program with foreign military academies
``(a) Exchange Program Authorized.--The Secretary of the Air Force
may permit a student enrolled at a military academy of a foreign country
to receive instruction at the Air Force Academy in exchange for an Air
Force cadet receiving instruction at that foreign military academy
pursuant to an exchange agreement entered into between the Secretary and
appropriate officials of the foreign country. Students receiving
instruction at the Academy under the exchange program shall be in
addition to persons receiving instruction at the Academy under section
9344 of this title.
``(b) Limitations on Number and Duration of Exchanges.--An exchange
agreement under this section between the Secretary and a foreign country
shall provide for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 Air Force cadets and a comparable number
of students from all foreign military academies participating in the
exchange program may be exchanged during any fiscal year. The duration
of an exchange may not exceed the equivalent of one academic semester at
the Air Force Academy.
``(c) Costs and Expenses.--(1) A student from a military academy of a
foreign country is not entitled to the pay, allowances, and emoluments
of an Air Force cadet by reason of attendance at the Air Force Academy
under the exchange program, and the Department of Defense may not incur
any cost of international travel required for transportation of such a
student to and from the sponsoring foreign country.
``(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange, with
subsistence, transportation within the continental United States,
clothing, health care, and other services to the same extent that the
foreign country provides comparable support and services to the
exchanged Air Force cadet in that foreign country.
``(3) The Air Force Academy shall bear all costs of the exchange
program from funds appropriated for the Academy. Expenditures in support
of the exchange program may not exceed $50,000 during any fiscal year.
``(d) Application of Other Laws.--Subsections (c) and (d) of section
9344 of this title shall apply with respect to a student enrolled at a
military academy of a foreign country while attending the Air Force
Academy under the exchange program.
``(e) Regulations.--The Secretary shall prescribe regulations to
implement this section. Such regulations may include qualification
criteria and methods of selection for students of foreign military
academies to participate in the exchange program.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 9344 the following new
item:
``9345. Exchange program with foreign military academies.''.
(d) Repeal of Obsolete Limitation.--Section 9353(a) of such title is
amended by striking out ``After the date of the accrediting of the
Academy, the'' and inserting in lieu thereof ``The''.
SEC. 543. REIMBURSEMENT OF EXPENSES INCURRED FOR INSTRUCTION
AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.
(a) United States Military Academy.--Section 4344(b) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking out the period at the end and
inserting in lieu thereof the following: ``, except that the
reimbursement rates may not be less than the cost to the United States
of providing such instruction, including pay, allowances, and
emoluments, to a cadet appointed from the United States.''; and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the
Academy under this section at any one time.''.
(b) Naval Academy.--Section 6957(b) of such title is amended--
(1) in paragraph (2), by striking out the period at the end and
inserting in lieu thereof the following: ``, except that the
reimbursement rates may not be less than the cost to the United States
of providing such instruction, including pay, allowances, and
emoluments, to a midshipman appointed from the United States.''; and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the
Naval Academy under this section at any one time.''.
(c) Air Force Academy.--Section 9344(b) of such title is amended--
(1) in paragraph (2), by striking out the period at the end and
inserting in lieu thereof the following: ``, except that the
reimbursement rates may not be less than the cost to the United States
of providing such instruction, including pay, allowances, and
emoluments, to a cadet appointed from the United States.''; and
(2) by adding at the end the following new paragraph:
``(3) The amount of reimbursement waived under paragraph (2) may not
exceed 35 percent of the per-person reimbursement amount otherwise
required to be paid by a foreign country under such paragraph, except in
the case of not more than five persons receiving instruction at the
Academy under this section at any one time.''.
(d) Effective Date.--The amendments made by this section apply with
respect to students from a foreign country entering the United States
Military Academy, the United States Naval Academy, or the United States
Air Force Academy on or after May 1, 1998.
SEC. 544. CONTINUATION OF SUPPORT TO SENIOR MILITARY COLLEGES.
(a) Definition of Senior Military Colleges.--For purposes of this
section, the term ``senior military colleges'' means the following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State University.
(6) North Georgia College and State University.
(b) Findings.--Congress finds the following:
(1) The senior military colleges consistently have provided
substantial numbers of highly qualified, long-serving leaders to the
Armed Forces.
(2) The quality of the military leaders produced by the senior
military colleges is, in part, the result of the rigorous military
environment imposed on students attending the senior military colleges
by the colleges, as well as the result of the long-standing close
support relationship between the Corps of Cadets at each college and the
Reserve Officer Training Corps personnel at the colleges who serve as
effective leadership role models and mentors.
(3) In recognition of the quality of the young leaders produced by
the senior military colleges, the Department of Defense and the military
services have traditionally maintained special relationships with the
colleges, including the policy to grant active duty service in the Army
to graduates of the colleges who desire such service and who are
recommended for such service by their ROTC professors of military
science.
(4) Each of the senior military colleges has demonstrated an ability
to adapt its systems and operations to changing conditions in, and
requirements of, the Armed Forces without compromising the quality of
leaders produced and without interruption of the close relationship
between the colleges and the Department of Defense.
(c) Sense of Congress.--In light of the findings in subsection (b),
it is the sense of Congress that--
(1) the proposed initiative of the Secretary of the Army to end the
commitment to active duty service for all graduates of senior military
colleges who desire such service and who are recommended for such
service by their ROTC professors of military science is short-sighted
and contrary to the long-term interests of the Army;
(2) as they have in the past, the senior military colleges can and
will continue to accommodate to changing military requirements to ensure
that future graduates entering military service continue to be officers
of superb quality who are quickly assimilated by the Armed Forces and
fully prepared to make significant contributions to the Armed Forces
through extended military careers; and
(3) decisions of the Secretary of Defense or the Secretary of a
military department that fundamentally and unilaterally change the
long-standing relationship of the Armed Forces with the senior military
colleges are not in the best interests of the Department of Defense or
the Armed Forces and are patently unfair to students who made decisions
to enroll in the senior military colleges on the basis of existing
Department and Armed Forces policy.
(d) Continuation of Support for Senior Military Colleges.--Section
2111a of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new subsections:
``(d) Termination or Reduction of Program Prohibited.--The Secretary
of Defense and the Secretaries of the military departments may not take
or authorize any action to terminate or reduce a unit of the Senior
Reserve Officers' Training Corps at a senior military college unless the
termination or reduction is specifically requested by the college.
``(e) Assignment to Active Duty.--(1) The Secretary of the Army shall
ensure that a graduate of a senior military college who desires to serve
as a commissioned officer on active duty upon graduation from the
college, who is medically and physically qualified for active duty, and
who is recommended for such duty by the professor of military science at
the college, shall be assigned to active duty. This paragraph shall
apply to
a member of the program at a senior military college who
graduates from the college after March 31, 1997.
``(2) Nothing in this section shall be construed to prohibit the
Secretary of the Army from requiring a member of the program who
graduates from a senior military college to serve on active duty.''.
(e) Technical Corrections.--Subsection (f) of such section, as
redesignated by subsection (d)(1), is amended--
(1) in paragraph (2), by striking out ``College'' and inserting in
lieu thereof ``University''; and
(2) in paragraph (6), by inserting before the period the following:
``and State University''.
(f) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``2111a. Support for senior military colleges''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 103 of title 10, United States Code, is amended to
read as follows:
``2111a. Support for senior military colleges.''.
SEC. 545. REPORT ON MAKING UNITED STATES NATIONALS ELIGIBLE
FOR PARTICIPATION IN SENIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committee on
National Security of the House of Representatives and the Committee on
Armed Services of the Senate a report on the utility of permitting
United States nationals to participate in the Senior Reserve Officers'
Training Corps program.
(b) Required Information.--The Secretary shall include in the report
the following information:
(1) A brief history of the prior admission of United States
nationals to the Senior Reserve Officers' Training Corps, including the
success rate of these cadets and midshipmen and how that rate compared
to the average success rate of cadets and midshipmen during that same
period.
(2) The advantages of permitting United States nationals to
participate in the Senior Reserve Officers' Training Corps program.
(3) The disadvantages of permitting United States nationals to
participate in the Senior Reserve Officers' Training Corps program.
(4) The incremental cost of including United States nationals in the
Senior Reserve Officers' Training Corps.
(5) Methods of minimizing the risk that United States nationals
admitted to the Senior Reserve Officers' Training Corps would be later
disqualified because of ineligibility for United States citizenship.
(6) The recommendations of the Secretary on whether United States
nationals should be eligible to participate in the Senior Reserve
Officers' Training Corps program, and if so, a legislative proposal
which would, if enacted, achieve that result.
SEC. 546. COORDINATION OF ESTABLISHMENT AND MAINTENANCE OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS UNITS TO MAXIMIZE ENROLLMENT AND
ENHANCE EFFICIENCY.
(a) Requirement.--Chapter 102 of title 10, United States Code, is
amended by adding at the end the following new section:
``2032. Responsibility of the Secretaries of the military
departments to maximize enrollment and enhance efficiency
``(a) Coordination.--The Secretary of each military department, in
establishing, maintaining, transferring, and terminating Junior Reserve
Officers' Training Corps units under section 2031 of this title, shall
do so in a coordinated manner that is designed to maximize enrollment in
the Corps and to enhance administrative efficiency in the management of
the Corps.
``(b) Consideration of New School Openings and Consolidations.--In
carrying out subsection (a), the Secretary of a military department
shall take into consideration--
``(1) openings of new schools;
``(2) consolidations of schools; and
``(3) the desirability of continuing the opportunity for
participation in the Corps by participants whose continued participation
would otherwise be adversely affected by new school openings and
consolidations of schools.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2032. Responsibility of the Secretaries of the military
departments to maximize enrollment and enhance efficiency.''.
PART II--OTHER EDUCATION MATTERS
SEC. 551. UNITED STATES NAVAL POSTGRADUATE SCHOOL.
(a) Authority to Admit Enlisted Members as Students.--Section 7045 of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary may permit an enlisted member of the armed forces
who is assigned to the Naval Postgraduate School or to a nearby command
to receive instruction at the Naval Postgraduate School. Admission of
enlisted members for instruction under this paragraph shall be on a
space-available basis.'';
(2) in subsection (b)--
(A) by striking out ``the students'' and inserting in lieu thereof
``officers''; and
(B) by adding at the end the following new sentence: ``In the case
of an enlisted member permitted to receive instruction at the
Postgraduate School, the Secretary of the Navy shall charge that member
only for such costs and fees as the Secretary considers appropriate
(taking into consideration the admission of enlisted members on a
space-available basis).''; and
(3) in subsection (c)--
(A) by striking out ``officers'' both places it appears and
inserting in lieu thereof ``members''; and
(B) by striking out ``same regulations'' and inserting in lieu
thereof ``such regulations, as determined appropriate by the Secretary
of the Navy,''.
(b) Clerical Amendments.--(1) The heading of section 7045 of such
title is amended to read as follows:
``7045. Officers of the other armed forces; enlisted members:
admission''.
(2) The item relating to section 7045 in the table of sections at the
beginning of chapter 605 of such title is amended to read as follows:
``7045. Officers of the other armed forces; enlisted members:
admission.''.
(c) Amendment To Reflect Revised Civil Service Grade
Structure.--Section 7043(b) of such title is amended by striking out
``grade GS 18 of the General Schedule under section 5332 of title 5''
and inserting in lieu thereof ``level IV of the Executive Schedule''.
SEC. 552. COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Expansion of Members Eligible for Program To Include Instructors
at Air Force Training Schools.--Section 9315 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking out ``enlisted members of the
Air Force'' and inserting in lieu thereof ``enlisted members described
in subsection (b)'';
(2) by striking out ``(b) Subject to subsection (c),'' and inserting
in lieu thereof ``(c)(1) Subject to paragraph (2),'';
(3) by redesignating subsection (c) as paragraph (2) and in that
paragraph redesignating clauses (1) and (2) as clauses (A) and (B),
respectively; and
(4) by inserting after subsection (a) the following new subsection
(b):
``(b) Members Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary concerned may prescribe, the
following members of the armed forces are eligible to participate in
programs of higher education under subsection (a)(1):
``(1) Enlisted members of the Air Force.
``(2) Enlisted members of the armed forces other than the Air Force
who are serving as instructors at Air Force training schools.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Establishment and
Mission.--'' after ``(a)''; and
(2) in subsection (c), as redesignated by subsection (a)(2), by
inserting `` Conferral of Degrees.--'' after ``(c)''.
(c) Effective Date.--Subsection (b) of section 9315 of such title, as
added by subsection (a)(4), applies with respect to enrollments in the
Community College of the Air Force after March 31, 1996.
SEC. 553. PRESERVATION OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE OF MEMBERS OF THE SELECTED RESERVE SERVING ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Preservation of Educational Assistance.--Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended by
striking out ``, in connection with the Persian Gulf War,''.
(b) Extension of 10- Year Period of Availability.--Section
16133(b)(4) of such title is amended--
(1) by striking out ``(A)'';
(2) by striking out ``, during the Persian Gulf War,'';
(3) by redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively; and
(4) by striking out ``(B) For the purposes'' and all that follows
through ``title 38.''.
PART III--TRAINING OF ARMY DRILL SERGEANTS
SEC. 556. REFORM OF ARMY DRILL SERGEANT SELECTION AND TRAINING PROCESS.
(a) In General.--The Secretary of the Army shall reform the process
for selection and training of drill sergeants for the Army.
(b) Measures To Be Taken.--As part of such reform, the Secretary
shall undertake the following measures (unless, in the case of any such
measure, the Secretary determines that that measure would not result in
improved effectiveness and efficiency in the drill sergeant selection
and training process):
(1) Review the overall process used by the Department of the Army
for selection of drill sergeants to determine--
(A) whether that process is providing drill sergeant candidates in
sufficient quantity and quality to meet the needs of the training
system; and
(B) whether duty as a drill sergeant is a career-enhancing
assignment (or is seen by potential drill sergeant candidates as a
career-enhancing assignment) and what steps could be taken to ensure
that such duty is in fact a career-enhancing assignment.
(2) Incorporate into the selection process for all drill sergeants
the views and recommendations of the officers and senior noncommissioned
officers in the chain of command of each candidate for selection
(particularly those of senior noncommissioned officers) regarding the
candidate's suitability and qualifications to be a drill sergeant.
(3) Establish a requirement for psychological screening for each
drill sergeant candidate.
(4) Reform the psychological screening process for drill sergeant
candidates to improve the quality, depth, and rigor of that screening
process.
(5) Revise the evaluation system for drill sergeants in training to
provide for a so-called ``whole person'' assessment that gives insight
into the qualifications and suitability of a drill sergeant candidate
beyond the candidate's ability to accomplish required performance tasks.
(6) Revise the Army military personnel records system so that, under
conditions and circumstances to be specified in regulations prescribed
by the Secretary, a drill sergeant trainee who fails to complete the
training to be a drill sergeant and is denied graduation will not have
the fact of that failure recorded in those personnel records.
(7) Provide each drill sergeant in training with the opportunity,
before or during that training, to work with new recruits in initial
entry training and to be evaluated on that opportunity.
(c) Report.--Not later than March 31, 1998, the Secretary shall
submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate a
report of the reforms adopted pursuant to this section or, in the case
of any measure specified in any of paragraphs (1) through (7) of
subsection (b) that was not adopted, the rationale why that measure was
not adopted.
SEC. 557. TRAINING IN HUMAN RELATIONS MATTERS FOR ARMY DRILL
SERGEANT TRAINEES.
(a) In General.--(1) Chapter 401 of title 10, United States Code, is
amended by adding at the end the following new section:
``4318. Drill sergeant trainees: human relations training
``(a) Human Relations Training Required.--The Secretary of the Army
shall include as part of the training program for drill sergeants a
course in human relations. The course shall be a minimum of two days in
duration.
``(b) Resources.--In developing a human relations course under this
section, the Secretary shall use the capabilities and expertise of the
Defense Equal Opportunity Management Institute (DEOMI).''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4318. Drill sergeant trainees: human relations training.''.
(b) Effective Date.--Section 4318 of title 10, United States Code, as
added by subsection (a), shall apply with respect to drill sergeant
trainee classes that begin after the end of the 90 day period beginning
on the date of the enactment of this Act.
Subtitle F--Commission on Military Training and Gender-Related Issues
SEC. 561. ESTABLISHMENT AND COMPOSITION OF COMMISSION.
(a) Establishment.--There is established a Commission on Military
Training and Gender-Related Issues to review requirements and
restrictions regarding cross-gender relationships of members of the
Armed Forces, to review the basic training programs of the Army, Navy,
Air Force, and Marine Corps, and to make recommendations on improvements
to those programs, requirements, and restrictions.
(b) Composition.--(1) The commission shall be composed of 10 members,
appointed as follows:
(A) Five members shall be appointed jointly by the chairman and
ranking minority party member of the Committee on National Security of
the House of Representatives.
(B) Five members shall be appointed jointly by the chairman and
ranking minority party member of the Committee on Armed Services of the
Senate.
(2) The members of the commission shall choose one of the members to
serve as chairman.
(3) All members of the commission shall be appointed not later than
45 days after the date of the enactment of this Act.
(c) Qualifications.--Members of the commission shall be appointed
from among private United States citizens with knowledge and expertise
in one or more of the following:
(1) Training of military personnel.
(2) Social and cultural matters affecting entrance into the Armed
Forces and affecting military service, military training, and military
readiness, such knowledge and expertise to have been gained through
recognized research, policy making and practical experience, as
demonstrated by retired military personnel, members of the reserve
components of the Armed Forces, representatives from educational
organizations, and leaders from civilian industry and other Government
agencies.
(3) Factors that define appropriate military job qualifications,
including physical, mental, and educational factors.
(4) Combat or other theater of war operations.
(5) Organizational matters.
(6) Legal matters.
(7) Management.
(8) Gender integration matters.
(d) Appointments.--(1) Members of the commission shall be appointed
for the life of the commission.
(2) A vacancy in the membership shall not affect the commission's
powers, but shall be filled in the same manner as the original
appointment.
SEC. 562. DUTIES.
(a) Functions Relating to Requirements and Restrictions Regarding
Cross-Gender Relationships.--The commission shall consider issues
relating to personal relationships of members of the Armed Forces as
follows:
(1) Review the laws, regulations, policies, directives, and
practices that govern personal relationships between men and women in
the Armed Forces and personal relationships between members of the Armed
Forces and non-military personnel of the opposite sex.
(2) Assess the extent to which the laws, regulations, policies, and
directives have been applied consistently throughout the Armed Forces
without regard to the armed force, grade, rank, or gender of the
individuals involved.
(3) Assess the reports of the independent panel, the Department of
Defense task force, and the review of existing guidance on
fraternization and adultery that have been required by the Secretary of
Defense.
(b) Functions Relating to Gender-Integrated and Gender-Segregated
Basic Training.--(1) The commission shall review the parts of the
initial entry training programs of the Army, Navy, Air Force, and Marine
Corps that constitute the basic training of new recruits (in this
subtitle referred to as ``basic training''). The review shall include a
review of the basic training policies and practices of each of those
services with regard to gender-integrated and gender-segregated basic
training and, for each of the services, the effectiveness of
gender-integrated and gender-segregated basic training.
(2) As part of the review under paragraph (1), the commission shall
(with respect to each of the services) take the following measures:
(A) Determine how each service defines gender-integration and
gender-segregation in the context of basic training.
(B) Determine the historical rationales for the establishment and
disestablishment of gender-integrated or gender-segregated basic
training.
(C) Examine, with respect to each service, the current rationale for
the use of gender-integrated or gender-segregated basic training and the
rationale that was current as of the time the service made a decision to
integrate, or to segregate, basic training by gender (or as of the time
of the most recent decision to continue to use a gender-integrated
format or a gender-segregated format for basic training), and, as part
of the examination, evaluate whether at the time of that decision, the
Secretary of the military department with jurisdiction over that service
had substantive reason to believe, or has since developed data to
support, that gender-integrated basic training, or gender-segregated
basic training, improves the readiness or performance of operational
units.
(D) Assess whether the concept of ``training as you will fight'' is
a valid rationale for gender-integrated basic training or whether the
training requirements and objectives for basic training are sufficiently
different from those of operational units so that such concept, when
balanced against other factors relating to basic training, might not be
a sufficient rationale for gender-integrated basic training.
(E) Identify the requirements unique to each service that could
affect a decision by the Secretary concerned to adopt a
gender-integrated or gender-segregated format for basic training and
assess whether the format in use by each service has been successful in
meeting those requirements.
(F) Assess, with respect to each service, the degree to which
different standards have been established, or if not established are in
fact being implemented, for males and females in basic training for
matters such as physical fitness, physical performance (such as
confidence and obstacle courses), military skills (such as marksmanship
and hand-grenade qualifications), and nonphysical tasks required of
individuals and, to the degree that differing standards exist or are in
fact being implemented, assess the effect of the use of those differing
standards.
(G) Identify the goals that each service has set forth in regard to
readiness, in light of the gender-integrated or gender-segregated format
that such service has adopted for basic training, and whether that
format contributes to the readiness of operational units.
(H) Assess the degree to which performance standards in basic
training are based on military readiness.
(I) Evaluate the policies of each of the services regarding the
assignment of adequate numbers of female drill instructors in
gender-integrated training units who can serve as role models and
mentors for female trainees.
(J) Review Department of Defense and military department efforts to
objectively measure or evaluate the effectiveness of gender-integrated
basic training, as compared to gender-segregated basic training,
particularly with regard to the adequacy and scope of the efforts and
with regard to the relevancy of findings to operational unit
requirements, and determine whether the Department of Defense and the
military departments are capable of measuring or evaluating the
effectiveness of that training format objectively.
(K) Compare the pattern of attrition in gender-integrated basic
training units with the pattern of attrition in gender-segregated basic
training units and assess the relevancy of the findings of such
comparison.
(L) Compare the level of readiness and morale of gender-integrated
basic training units with the level of readiness and morale of
gender-segregated units, and assess the relevancy of the findings of
such comparison and the implications, for readiness, of any differences
found.
(M) Compare the experiences, policies, and practices of the armed
forces of other industrialized nations regarding gender-integrated
training with those of the Army, Navy, Air Force, and Marine Corps.
(N) Review, and take into consideration, the current practices,
relevant studies, and private sector training concepts pertaining to
gender-integrated training.
(O) Assess the feasibility and implications of conducting basic
training (or equivalent training) at the company level and below through
separate units for male and female recruits, including the costs and
other resource commitments required to implement and conduct basic
training in such a manner and the implications for readiness and unit
cohesion.
(P) Assess the feasibility and implications of requiring drill
instructors for basic training units to be of the same sex as the
recruits in those units if the basic training were to be conducted as
described in subparagraph (O).
(c) Functions Relating to Basic Training Programs Generally.--The
commission shall review the course objectives, structure, and length of
the basic training programs of the Army, Navy, Air Force, and Marine
Corps. The commission shall also review the relationship between those
basic training objectives and the advanced training provided in the
initial entry training programs of each of those services. As part of
that review, the commission shall (with respect to each of
those services) take the following measures:
(1) Determine the current end-state objectives established for
graduates of basic training, particularly in regard to--
(A) physical conditioning;
(B) technical and physical skills proficiency;
(C) knowledge;
(D) military socialization, including the inculcation of service
values and attitudes; and
(E) basic combat operational requirements.
(2) Assess whether those current end-state objectives, and basic
training itself, should be modified (in structure, length, focus,
program of instruction, training methods or otherwise) based, in part,
on the following:
(A) An assessment of the perspectives of operational units on the
quality and qualifications of the initial entry training graduates being
assigned to those units, considering in particular whether the basic
training system produces graduates who arrive in operational units with
an appropriate level of skills, physical conditioning, and degree of
military socialization to meet unit requirements and needs.
(B) An assessment of the demographics, backgrounds, attitudes,
experience, and physical fitness of new recruits entering basic
training, considering in particular the question of whether, given the
entry level demographics, education, and background of new recruits, the
basic training systems and objectives are most efficiently and
effectively structured and conducted to produce graduates who meet
service needs.
(C) An assessment of the perspectives of personnel who conduct basic
training with regard to measures required to improve basic training.
(3) Assess the extent to which the initial entry training programs
of each of the services continue, after the basic training phases of the
programs, effectively to reinforce and advance the military
socialization (including the inculcation of service values and
attitudes), the physical conditioning, and the attainment and
improvement of knowledge and proficiency in fundamental military skills
that are begun in basic training.
(d) Recommendations.--The commission shall prepare--
(1) with respect to each of the Army, Navy, Air Force, and Marine
Corps, an evaluation of gender-integrated and gender-segregated basic
training programs, based upon the review under subsection (b);
(2) recommendations for such changes to the current system of basic
training as the commission considers warranted; and
(3) recommendations for such changes to laws, regulations, policies,
directives, and practices referred to in subsection (a)(1) as the
commission considers warranted.
(e) Reports.--(1) Not later than April 15, 1998, the commission shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
setting forth a strategic plan for the work of the commission and the
activities and initial findings of the commission.
(2) Not later than September 16, 1998, the commission shall submit a
final report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
final report shall set forth the activities, findings, and
recommendations of the commission, including any recommendations for
congressional action and administrative action that the commission
considers appropriate. The report shall specifically set forth the views
of the Secretaries of the military departments regarding the matters
described in subparagraphs (O) and (P) of subsection (b)(2).
SEC. 563. ADMINISTRATIVE MATTERS.
(a) Meetings.--(1) The commission shall hold its first meeting not
later than 30 days after the date on which all members have been
appointed.
(2) The commission shall meet upon the call of the chairman.
(3) A majority of the members of the commission shall constitute a
quorum, but a lesser number may hold meetings.
(b) Authority of Individuals To Act for Commission.--Any member or
agent of the commission may, if authorized by the commission, take any
action which the commission is authorized to take under this title.
(c) Powers.--(1) The commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such evidence
as the commission considers advisable to carry out its duties.
(2) The commission may secure directly from the Department of Defense
and any other department or agency of the Federal Government such
information as the commission considers necessary to carry out its
duties. Upon the request of the chairman of the commission, the head of
a department or agency shall furnish the requested information
expeditiously to the commission.
(3) The commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(d) Pay and Expenses of Commission Members.--(1) Each member of the
commission who is not an employee of the Government shall be paid at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time) during
which such member is engaged in performing the duties of the commission.
(2) Members and personnel of the commission may travel on aircraft,
vehicles, or other conveyances of the Armed Forces when travel is
necessary in the performance of a duty of the commission except when the
cost of commercial transportation is less expensive.
(3) The members of the commission may be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the commission.
(4)(A) A member of the commission who is an annuitant otherwise
covered by section 8344 or 8468 of title 5, United States Code, by
reason of membership on the commission shall not be subject to the
provisions of such section with respect to such membership.
(B) A member of the commission who is a member or former member of a
uniformed service shall not be subject to the provisions of subsections
(b) and (c) of section 5532 of such title with respect to membership on
the commission.
(e) Staff and Administrative Support.--(1) The chairman of the
commission may, without regard to civil service laws and regulations,
appoint and terminate an executive director and up to three additional
staff members as necessary to enable the commission to perform its
duties. The chairman of the commission may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51, and subchapter III of chapter 53, of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay may not exceed the
maximum rate of pay for grade GS 15 under the General Schedule.
(2) Upon the request of the chairman of the commission, the head of
any department or agency of the Federal Government may detail, without
reimbursement, any personnel of the department or agency to the
commission to assist in carrying out its duties. A detail of an employee
shall be without interruption or loss of civil service status or
privilege.
(3) The chairman of the commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of such title.
(4) The Secretary of Defense shall furnish to the commission such
administrative and support services as may be requested by the chairman
of the commission.
SEC. 564. TERMINATION OF COMMISSION.
The commission shall terminate 60 days after the date on which it
submits the final report under section 562(e)(2).
SEC. 565. FUNDING.
(a) From Department of Defense Appropriations.--Upon the request of
the chairman of the commission, the Secretary of Defense shall make
available to the commission, out of funds appropriated for the
Department of Defense, such amounts as the commission may require to
carry out its duties.
(b) Period of Availability.--Funds made available to the commission
shall remain available, without fiscal year limitation, until the date
on which the commission terminates.
SEC. 566. SUBSEQUENT CONSIDERATION BY CONGRESS.
After receipt of each report of the commission under section 562(e),
Congress shall consider the report and, based upon the results of the
review (and such other matters as Congress considers appropriate),
consider whether to require by law that the Secretaries of the military
departments conduct basic training on a gender-segregated or
gender-integrated basis.
Subtitle G--Military Decorations and Awards
SEC. 571. PURPLE HEART TO BE AWARDED ONLY TO MEMBERS OF THE
ARMED FORCES.
(a) In General.--(1) Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``1131. Purple Heart: limitation to members of the armed forces
``The decoration known as the Purple Heart (authorized to be awarded
pursuant to Executive Order 11016) may only be awarded to a person who
is a member of the armed forces at the time the person is killed or
wounded under circumstances otherwise qualifying that person for award
of the Purple Heart.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1131. Purple Heart: limitation to members of the armed forces.''.
(b) Effective Date.--Section 1131 of title 10, United States Code, as
added by subsection (a), shall apply with respect to persons who are
killed or wounded after the end of the 180-day period beginning on the
date of the enactment of this Act.
SEC. 572. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL FOR
PARTICIPATION IN OPERATION JOINT ENDEAVOR OR OPERATION JOINT GUARD.
(a) Inclusion of Operations.--For the purpose of determining the
eligibility of members and former members of the Armed Forces for the
Armed Forces Expeditionary Medal, the Secretary of Defense shall
designate participation in Operation Joint Endeavor or Operation Joint
Guard in the Republic of Bosnia and Herzegovina, and in such other areas
in the region as the Secretary considers appropriate, as service in an
area that meets the general requirements for the award of that medal.
(b) Individual Determination.--The Secretary of the military
department concerned shall determine whether individual members or
former members of the Armed Forces who participated in Operation Joint
Endeavor or Operation Joint Guard meet the individual service
requirements for award of the Armed Forces Expeditionary Medal as
established in applicable regulations. A member or former member shall
be considered to have participated in Operation Joint Endeavor or
Operation Joint Guard if the member--
(1) was deployed in the Republic of Bosnia and Herzegovina, or in
such other area in the region as the Secretary of Defense considers
appropriate, in direct support of one or both of the operations;
(2) served on board a United States naval vessel operating in the
Adriatic Sea in direct support of one or both of the operations; or
(3) operated in airspace above the Republic of Bosnia and
Herzegovina, or in such other area in the region as the Secretary of
Defense considers appropriate, while the operations were in effect.
(c) Operations Defined.--For purposes of this section:
(1) The term ``Operation Joint Endeavor'' means operations of the
United States Armed Forces conducted in the Republic of Bosnia and
Herzegovina during the period beginning on November 20, 1995, and ending
on December 20, 1996, to assist in implementing the General Framework
Agreement and Associated Annexes, initialed on November 21, 1995, in
Dayton, Ohio.
(2) The term ``Operation Joint Guard'' means operations of the
United States Armed Forces conducted in the Republic of Bosnia and
Herzegovina as a successor to Operation Joint Endeavor during the period
beginning on December 20, 1996, and ending on such date as the Secretary
of Defense may designate.
SEC. 573. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established by law or
policy for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply in the
case of awards of decorations described in subsections (b), (c), and
(d), the award of each such decoration having been determined by the
Secretary of the military department concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Silver Star Medal.--Subsection (a) applies to the award of the
Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New Jersey, for service
during World War II.
(2) To Philip Yolinsky of Hollywood, Florida, for service during the
Korean Conflict.
(3) To Robert Norman of Reno, Nevada, for service during World War II.
(c) Navy and Marine Corps Medal.--Subsection (a) applies to the award
of the Navy and Marine Corps Medal to Gary A. Gruenwald of Damascus,
Maryland, for service in Tunisia in October 1977.
(d) Distinguished Flying Cross.--Subsection (a) applies to awards of
the Distinguished Flying Cross for service during World War II or Korea
(including multiple awards to the same individual) in the case of each
individual concerning whom the Secretary of the Navy (or an officer of
the Navy acting on behalf of the Secretary) submitted to the Committee
on National Security of the House of Representatives and the Committee
on Armed Services of the Senate, before the date of the enactment of
this Act, a notice as provided in section 1130(b) of title 10, United
States Code, that the award of the Distinguished Flying Cross to that
individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is recommended.
SEC. 574. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF READY
RESERVE FOR AWARD OF SERVICE MEDAL FOR HEROISM.
(a) Soldier's Medal.--Section 3750(a) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to award the
medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
(b) Navy and Marine Corps Medal.--Section 6246 of such title is
amended--
(1) by designating the text of the section as subsection (a); and
(2) by adding at the end the following new subsection:
``(b) The authority in subsection (a) includes authority to award the
medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
(c) Airman's Medal.--Section 8750(a) of such title is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) includes authority to award the
medal to a member of the Ready Reserve who was not in a duty status
defined in section 101(d) of this title when the member distinguished
himself by heroism.''.
SEC. 575. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF
RECOMMENDATIONS FOR DECORATIONS AND AWARDS FOR CERTAIN MILITARY
INTELLIGENCE PERSONNEL.
Section 523(b)(1) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 311; 10 U.S.C. 1130
note) is amended by striking out ``during the one-year period beginning
on the date of the enactment of this Act'' and inserting in lieu thereof
``during the period beginning on February 10, 1996, and ending on
February 9, 1998''.
SEC. 576. ELIGIBILITY OF CERTAIN WORLD WAR II MILITARY
ORGANIZATIONS FOR AWARD OF UNIT DECORATIONS.
(a) Authority.--A unit decoration may be awarded for any unit or
other organization of the Armed Forces (such as the Military
Intelligence Service of the Army) that (1) supported the planning or
execution of combat operations during World War II primarily through
unit personnel who were attached to other units of the Armed Forces or
of other allied armed forces, and (2) is not otherwise eligible for
award of the decoration by reason of not usually having been deployed as
a unit in support of such operations.
(b) Time for Submission of Recommendation.--Any recommendation for
award of a unit decoration under subsection (a) shall be submitted to
the Secretary concerned (as defined in section 101(a)(9) of title 10,
United States Code), or to such other official as the Secretary
concerned may designate, not later than two years after the date of the
enactment of this Act.
SEC. 577. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION.
(a) Entitlement.--In the case of Vernon J. Baker, Edward A. Carter,
Junior, and Charles L. Thomas, who were awarded the Medal of Honor
pursuant to section 561 of Public Law 104 201 (110 Stat. 2529) and whose
names have been entered and recorded on the Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll, the entitlement of those persons to the
special pension provided under section 1562 of title 38, United States
Code (and antecedent provisions of law), shall be effective as follows:
(1) In the case of Vernon J. Baker, for months that begin after
April 1945.
(2) In the case of Edward A. Carter, Junior, for months that begin
after March 1945.
(3) In the case of Charles L. Thomas, for months that begin after
December 1944.
(b) Amount.--The amount of the special pension payable under
subsection (a) for a month beginning before the date of the enactment of
this Act shall be the amount of the special pension provided by law for
that month for persons entered and recorded on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll (or an antecedent Medal of
Honor Roll required by law).
(c) Payment to Next of Kin.--In the case of a person referred to in
subsection (a) who died before receiving full payment of the pension
pursuant to this section, the Secretary of Veterans Affairs shall pay
the total amount of the accrued pension, upon receipt of application for
payment within one year after the date of the enactment of this Act, to
the deceased person's spouse or, if there is no surviving spouse, then
to the deceased person's children, per stirpes, in equal shares.
Subtitle H--Military Justice Matters
SEC. 581. ESTABLISHMENT OF SENTENCE OF CONFINEMENT FOR LIFE
WITHOUT ELIGIBILITY FOR PAROLE.
(a) Establishment of Sentence.--(1) Chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 856 (article 56) the following new section
(article):
``856a. Art. 56a. Sentence of confinement for life without
eligibility for parole
``(a) For any offense for which a sentence of confinement for life
may be adjudged, a court-martial may adjudge a sentence of confinement
for life without eligibility for parole.
``(b) An accused who is sentenced to confinement for life without
eligibility for parole shall be confined for the remainder of the
accused's life unless--
``(1) the sentence is set aside or otherwise modified as a result of--
``(A) action taken by the convening authority, the Secretary
concerned, or another person authorized to act under section 860 of this
title (article 60); or
``(B) any other action taken during post-trial procedure and review
under any other provision of subchapter IX;
``(2) the sentence is set aside or otherwise modified as a result of
action taken by a Court of Criminal Appeals, the Court of Appeals for
the Armed Forces, or the Supreme Court; or
``(3) the accused is pardoned.''.
(2) The table of sections at the beginning of subchapter VIII of such
chapter is amended by inserting after the item relating to section 856
(article 56) the following new item:
``856a. 56a. Sentence of confinement for life without eligibility
for parole.''.
(b) Effective Date.--Section 856a of title 10, United States Code
(article 56a of the Uniform Code of Military Justice), as added by
subsection (a), shall be applicable only with respect to an offense
committed after the date of the enactment of this Act.
SEC. 582. LIMITATION ON APPEAL OF DENIAL OF PAROLE FOR
OFFENDERS SERVING LIFE SENTENCE.
(a) Exclusive Authority To Grant Parole on Appeal of Denial.--Section
952 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) In a case in which parole for an offender serving a sentence of
confinement for life is denied, only the President or the Secretary
concerned may grant the offender parole on appeal of that denial. The
authority to grant parole on appeal in such a case may not be
delegated.''.
(b) Effective Date.--Subsection (b) of section 952 of title 10,
United States Code (as added by subsection (a)), shall apply only with
respect to any decision to deny parole made after the date of the
enactment of this Act.
Subtitle I--Other Matters
SEC. 591. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS.
(a) Investigations.--(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 79 the following new
chapter:
``CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
``Sec.
``1561. Complaints of sexual harassment: investigation by
commanding officers.
``1561. Complaints of sexual harassment: investigation by
commanding officers
``(a) Action on Complaints Alleging Sexual Harassment.--A commanding
officer or officer in charge of a unit, vessel, facility, or area of the
Army, Navy, Air Force, or Marine Corps who receives from a member of the
command or a civilian employee under the supervision of the officer a
complaint alleging sexual harassment by a member of the armed forces or
a civilian employee of the Department of Defense shall carry out an
investigation of the matter in accordance with this section.
``(b) Commencement of Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint
shall, within 72 hours after receipt of the complaint--
``(1) forward the complaint or a detailed description of the
allegation to the next superior officer in the chain of command who is
authorized to convene a general court-martial;
``(2) commence, or cause the commencement of, an investigation of
the complaint; and
``(3) advise the complainant of the commencement of the investigation.
``(c) Duration of Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint shall
ensure that the investigation of the complaint is completed not later
than 14 days after the date on which the investigation is commenced.
``(d) Report on Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving such a complaint
shall--
``(1) submit a final report on the results of the investigation,
including any action taken as a result of the investigation, to the next
superior officer referred to in subsection (b)(1) within 20 days after
the date on which the investigation is commenced; or
``(2) submit a report on the progress made in completing the
investigation to the next superior officer referred to in subsection
(b)(1) within 20 days after the date on which the investigation is
commenced and every 14 days thereafter until the investigation is
completed and, upon completion of the investigation, then submit a final
report on the results of the investigation, including any action taken
as a result of the investigation, to that next superior officer.
``(e) Sexual Harassment Defined.--In this section, the term `sexual
harassment' means any of the following:
``(1) Conduct (constituting a form of sex discrimination) that--
``(A) involves unwelcome sexual advances, requests for sexual
favors, and deliberate or repeated offensive comments or gestures of a
sexual nature when--
``(i) submission to such conduct is made either explicitly or
implicitly a term or condition of a person's job, pay, or career;
``(ii) submission to or rejection of such conduct by a person is
used as a basis for career or employment decisions affecting that
person; or
``(iii) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creates an
intimidating, hostile, or offensive working environment; and
``(B) is so severe or pervasive that a reasonable person would
perceive, and the victim does perceive, the work environment as hostile
or offensive.
``(2) Any use or condonation, by any person in a supervisory or
command position, of any form of sexual behavior to control, influence,
or affect the career, pay, or job of a member of the armed forces or a
civilian employee of the Department of Defense.
``(3) Any deliberate or repeated unwelcome verbal comment or gesture
of a sexual nature in the workplace by any member of the armed forces or
civilian employee of the Department of Defense.''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part II of subtitle A, of such title are amended by
inserting after the item relating to chapter 79 the following new item:
``80. Miscellaneous Investigation Requirements and Other Duties
1561''.
(b) Reports.--(1) Not later than January 1 of each of 1998 and 1999,
each officer receiving a complaint forwarded in accordance with section
1561(b) of title 10, United States Code, as added by subsection (a),
during the preceding year shall submit to the Secretary of the military
department concerned a report on all such complaints and the
investigations of such complaints (including the results of the
investigations, in cases of investigations completed during such
preceding year).
(2)(A) Not later than March 1 of each of 1998 and 1999, each
Secretary receiving a report under paragraph (1) for a year shall submit
to the Secretary of Defense a report on all such reports so received.
(B) Not later than the April 1 following receipt of a report for a
year under subparagraph (A), the Secretary of Defense shall transmit to
Congress all such reports received for the year under subparagraph (A)
together with the Secretary's assessment of each such report.
SEC. 592. SENSE OF THE SENATE REGARDING STUDY OF MATTERS
RELATING TO GENDER EQUITY IN THE ARMED FORCES.
(a) Findings.--The Senate makes the following findings:
(1) In the all-volunteer force, women play an integral role in the
Armed Forces.
(2) With increasing numbers of women in the Armed Forces, questions
arise concerning inequalities, and perceived inequalities, between the
treatment of men and women in the Armed Forces.
(b) Sense of the Senate.--It is the sense of the Senate that the
Comptroller General should--
(1) conduct a study on any inequality, or perception of inequality,
in the treatment of men and women in the Armed Forces that arises out of
the statutes and regulations governing the Armed Forces; and
(2) submit to the Senate a report on the study not later than one
year after the date of the enactment of this Act.
SEC. 593. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN MANAGEMENT
OF CERTAIN NON-FEDERAL ENTITIES.
(a) Military Personnel.--(1) Chapter 53 of title 10, United States
Code, is amended by inserting after section 1032 the following new
section:
``1033. Participation in management of specified non-Federal
entities: authorized activities
``(a) Authorization.--The Secretary concerned may authorize a member
of the armed forces under the Secretary's jurisdiction to serve without
compensation as a director, officer, or trustee, or to otherwise
participate, in the management of an entity designated under subsection
(b). Any such authorization shall be made on a case-by-case basis, for a
particular member to participate in a specific capacity with a specific
designated entity. Such authorization may be made only for the purpose
of providing oversight and advice to, and coordination with, the
designated entity, and participation of the member in the activities of
the designated entity may not extend to participation in the day-to-day
operations of the entity.
``(b) Designated Entities.--(1) The Secretary of Defense, and the
Secretary of Transportation in the case of the Coast Guard when it is
not operating as a service in the Navy, shall designate those entities
for which authorization under subsection (a) may be provided. The list
of entities so designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall designate
each military welfare society and may designate any other entity
described in paragraph (3). No other entities may be designated.
``(2) In this section, the term `military welfare society' means the
following:
``(A) Army Emergency Relief.
``(B) Air Force Aid Society, Inc.
``(C) Navy-Marine Corps Relief Society.
``(D) Coast Guard Mutual Assistance.
``(3) An entity described in this paragraph is an entity that is not
operated for profit and is any of the following:
``(A) An entity that regulates and supports the athletic programs of
the service academies (including athletic conferences).
``(B) An entity that regulates international athletic competitions.
``(C) An entity that accredits service academies and other schools
of the armed forces (including regional accrediting agencies).
``(D) An entity that (i) regulates the performance, standards, and
policies of military health care (including health care associations and
professional societies), and (ii) has designated the position or
capacity in that entity in which a member of the armed forces may serve
if authorized under subsection (a).
``(c) Publication of Designated Entities and of Authorized
Persons.--A designation of an entity under subsection (b), and an
authorization under subsection (a) of a member of the armed forces to
participate in the management of such an entity, shall be published in
the Federal Register.
``(d) Regulations.--The Secretary of Defense, and the Secretary of
Transportation in the case of the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations to carry out this
section.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1032 the following new
item:
``1033. Participation in management of specified non-Federal
entities: authorized activities.''.
(b) Civilian Personnel.--(1) Chapter 81 of such title is amended by
inserting after section 1588 the following new section:
``1589. Participation in management of specified non-Federal
entities: authorized activities
``(a) Authorization.--(1) The Secretary concerned may authorize an
employee described in paragraph (2) to serve without compensation as a
director, officer, or trustee, or to otherwise participate, in the
management of an entity designated under subsection (b). Any such
authorization shall be made on a case-by-case basis, for a particular
employee to participate in a specific capacity with a specific
designated entity. Such authorization may be made only for the purpose
of providing oversight and advice to, and coordination with, the
designated entity, and participation of the employee in the activities
of the designated entity may not extend to participation in the
day-to-day operations of the entity.
``(2) Paragraph (1) applies to any employee of the Department of
Defense or, in the case of the Coast Guard when not operating as a
service in the Navy, of the Department of Transportation. For purposes
of this section, the term `employee' includes a civilian officer.
``(b) Designated Entities.--The Secretary of Defense, and the
Secretary of Transportation in the case of the Coast Guard when it is
not operating as a service in the Navy, shall designate those entities
for which authorization under subsection (a) may be provided. The list
of entities so designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall designate
each military welfare society named in paragraph (2) of section 1033(b)
of this title and may designate any other entity described in paragraph
(3) of such section. No other entities may be designated.
``(c) Publication of Designated Entities and of Authorized
Persons.--A designation of an entity under subsection (b), and an
authorization under subsection (a) of an employee to participate in the
management of such an entity, shall be published in the Federal
Register.
``(d) Civilians Outside the Military Departments.--In this section,
the term `Secretary concerned' includes the Secretary of Defense with
respect to employees of the Department of Defense who are not employees
of a military department.
``(e) Regulations.--The Secretary of Defense, and the Secretary of
Transportation in the case of the Coast Guard
when it is not operating as a service in the Navy, shall
prescribe regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1588 the following new
item:
``1589. Participation in management of specified non-Federal
entities: authorized activities.''.
SEC. 594. TREATMENT OF PARTICIPATION OF MEMBERS IN DEPARTMENT
OF DEFENSE CIVIL MILITARY PROGRAMS.
Section 2012 of title 10, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections (h) and
(i), respectively; and
(2) by inserting after subsection (f) the following new subsection:
``(g) Treatment of Member's Participation in Provision of Support or
Services.--(1) The Secretary of a military department may not require or
request a member of the armed forces to submit for consideration by a
selection board (including a promotion board, command selection board,
or any other kind of selection board) evidence of the member's
participation in the provision of support and services to non-Department
of Defense organizations and activities under this section or the
member's involvement in, or support of, other community relations and
public affairs activities of the armed forces.
``(2) Paragraph (1) does not prevent a selection board from
considering material submitted voluntarily by a member of the armed
forces which provides evidence of the participation of that member or
another member in activities described in that paragraph.''.
SEC. 595. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE
CIVIL MILITARY PROGRAMS.
(a) Study Required.--The Comptroller General shall conduct a study to
evaluate the following:
(1) The nature, extent, and cost to the Department of Defense of the
support and services being provided by units and members of the Armed
Forces to non-Department of Defense organizations and activities under
the authority of section 2012 of title 10, United States Code.
(2) The degree to which the Armed Forces are in compliance with the
requirements of such section in the provision of such support and
services, especially the requirements that the assistance meet specific
requirements relative to military training and that the assistance
provided be incidental to military training.
(3) The degree to which the regulations and procedures for
implementing such section, as required by subsection (f) of such
section, are consistent with the requirements of such section.
(4) The effectiveness of the Secretary of Defense and the
Secretaries of the military departments in conducting oversight of the
implementation of such section, and the provision of such support and
services under such section, to ensure compliance with the requirements
of such section.
(b) Submission of Report.--Not later than March 31, 1998, the
Comptroller General shall submit to Congress a report containing the
results of the study required by subsection (a).
SEC. 596. ESTABLISHMENT OF PUBLIC AFFAIRS SPECIALTY IN THE ARMY.
(a) New Specialty.--Chapter 307 of title 10, United States Code, is
amended by adding at the end the following new section:
``3083. Public Affairs Specialty
``There is a career field in the Army known as the Public Affairs
Specialty. Members of the Army with the Public Affairs Specialty are--
``(1) the Chief of Public Affairs;
``(2) commissioned officers of the Army in the grade of major or
above who are selected and specifically educated, trained, and
experienced to perform as professional public affairs officers for the
remainder of their careers; and
``(3) other members of the Army assigned to public affairs positions
by the Secretary of the Army.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3083. Public Affairs Specialty.''.
SEC. 597. GRADE OF DEFENSE ATTACHE AE1 IN FRANCE.
(a) In General.--Chapter 41 of title 10, United States Code, is
amended by inserting after section 713 the following new section:
``714. Defense attache AE1 in France: required grade
``An officer may not be selected for assignment to the position of
defense attache AE1 to the United States embassy in France unless the
officer holds (or is on a promotion list for promotion to) the grade of
brigadier general or, in the case of the Navy, rear admiral (lower
half).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
713 the following new item:
``714. Defense attache AE1 in France: required grade.''.
SEC. 598. REPORT ON CREW REQUIREMENTS OF WC 130J AIRCRAFT.
(a) Study.--The Secretary of the Air Force shall conduct a study of
the crew requirements for WC 130J aircraft to be procured for assignment
to the aerial weather reconnaissance mission involving the eyewall
penetration of tropical cyclones. The study shall include study of the
anticipated operation of WC 130J aircraft in weather reconnaissance
missions configured to carry five crewmembers, including a navigator. In
carrying out the study, the Secretary shall provide for participation by
members of the Armed Forces currently assigned to units engaged in
weather reconnaissance operations.
(b) Report.--The Secretary shall submit to Congress a report on the
results of the study. The Secretary shall include
in the report the views of members of the Armed Forces
currently assigned to units engaged in weather reconnaissance operations
who participated in the study. If as a result of the study the Secretary
determines that there are crewmembers assigned to weather reconnaissance
duties in excess of the crew requirements that will be applicable for WC
130J aircraft, the Secretary shall include in the report a plan for
retraining or reassignment of those crewmembers. The study shall be
submitted not later than September 30, 1998.
SEC. 599. IMPROVEMENT OF MISSING PERSONS AUTHORITIES
APPLICABLE TO DEPARTMENT OF DEFENSE.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States Code,
is amended--
(A) by striking out subsection (c) and inserting in lieu thereof the
following:
``(c) Covered Persons.--(1) Section 1502 of this title applies in the
case of any member of the armed forces on active duty--
``(A) who becomes involuntarily absent as a result of a hostile
action or under circumstances suggesting that the involuntary absence is
a result of a hostile action; and
``(B) whose status is undetermined or who is unaccounted for.
``(2) Section 1502 of this title applies in the case of any other
person who is a citizen of the United States and a civilian officer or
employee of the Department of Defense or (subject to paragraph (3)) an
employee of a contractor of the Department of Defense--
``(A) who serves in direct support of, or accompanies, the armed
forces in the field under orders and becomes involuntarily absent as a
result of a hostile action or under circumstances suggesting that the
involuntary absence is a result of a hostile action; and
``(B) whose status is undetermined or who is unaccounted for.
``(3) The Secretary of Defense shall determine, with regard to a
pending or ongoing military operation, the specific employees, or groups
of employees, of contractors of the Department of Defense to be
considered to be covered by this subsection.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian officer or employee of
the Department of Defense or an employee of a contractor of the
Department of Defense, the Secretary of the military department or head
of the element of the Department of Defense employing the officer or
employee or contracting with the contractor, as the case may be.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military officer'' and
inserting in lieu thereof ``one individual described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(C) by inserting after paragraph (1) the following new paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with respect to
a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to a
civilian employee of the Department of Defense or of a contractor of the
Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all that
follows in that paragraph and inserting in lieu thereof ``as follows:
``(A) In the case of a board that will inquire into the whereabouts
and status of one or more members of the armed forces (and no civilians
described in subparagraph (B)), the board shall be composed of officers
having the grade of major or lieutenant commander or above.
``(B) In the case of a board that will inquire into the whereabouts
and status of one or more civilian employees of the Department of
Defense or contractors of the Department of Defense (and no members of
the armed forces), the board shall be composed of--
``(i) not less than three employees of the Department of Defense
whose rate of annual pay is equal to or greater than the rate of annual
pay payable for grade GS 13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the Secretary considers
advisable.
``(C) In the case of a board that will inquire into the whereabouts
and status of both one or more members of the armed forces and one or
more civilians described in subparagraph (B)--
``(i) the board shall include at least one officer described in
subparagraph (A) and at least one employee of the Department of Defense
described in subparagraph (B)(i); and
``(ii) the ratio of such officers to such employees on the board
shall be roughly proportional to the ratio of the number of members of
the armed forces who are subjects of the board's inquiry to the number
of civilians who are subjects of the board's inquiry.''; and
(B) in paragraph (4), by striking out ``section 1503(c)(3)'' and
inserting in lieu thereof ``section 1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read as
follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty who is in a
missing status; or
``(B) a civilian employee of the Department of Defense or an
employee of a contractor of the Department of Defense who serves in
direct support of, or accompanies, the armed forces in the field under
orders and who is in a missing status.
Such term includes an unaccounted for person described in section
1509(b) of this title, under the circumstances specified in the last
sentence of section 1509(a) of this title.''.
(b) Transmission to Theater Component Commander of Advisory Copy of
Missing Person Report.--(1) Section 1502 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new subsection
(b):
``(b) Transmission of Advisory Copy to Theater Component
Commander.--When transmitting a report under subsection (a)(2)
recommending that a person be placed in a missing status, the commander
transmitting that report shall transmit an advisory copy of the report
to the theater component commander with jurisdiction over the missing
person.''.
(2) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with respect to
any of the combatant commands, an officer of any of the armed forces who
(A) is commander of all forces of that armed force assigned to that
combatant command, and (B) is directly subordinate to the commander of
the combatant command.''.
(c) Information To Accompany Recommendation of Status of
Death.--Section 1507(b) of such title is amended adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if recovered.
``(4) If the body has been recovered and is not identifiable through
visual means, a certification by a forensic pathologist that the body
recovered is that of the missing person. In determining whether to make
such a certification, the forensic pathologist shall consider, as
determined necessary by the Secretary of the military department
concerned, additional evidence and information provided by appropriate
specialists in forensic medicine or other appropriate medical
sciences.''.
(d) Missing Person's Counsel.--(1) Sections 1503(f)(1) and 1504(f)(1)
of such title are amended by adding at the end the following: ``The
identity of counsel appointed under this paragraph for a missing person
shall be made known to the missing person's primary next of kin and any
other previously designated person of the person.''.
(2) Section 1503(f)(4) of such title is amended by adding at the end
the following: ``The primary next of kin of a missing person and any
other previously designated person of the missing person shall have the
right to submit information to the missing person's counsel relative to
the disappearance or status of the missing person.''.
(e) Scope of Preenactment Review.--(1) Section 1509 of such title is
amended by striking out subsection (a) and inserting in lieu thereof the
following:
``(a) Review of Status.--(1) If new information (as defined in
paragraph (2)) is found or received that may be related to one or more
unaccounted for persons described in subsection (b) (whether or not such
information specifically relates (or may specifically relate) to any
particular such unaccounted for person), that information shall be
provided to the Secretary of Defense. Upon receipt of such information,
the Secretary shall ensure that the information is treated under
paragraphs (2) and (3) of section 1505(c) of this title and under
section 1505(d) of this title in the same manner as information received
under paragraph (1) of section 1505(c) of this title. For purposes of
the applicability of other provisions of this chapter in such a case,
each such unaccounted for person to whom the new information may be
related shall be considered to be a missing person.
``(2) For purposes of this subsection, new information is information
that is credible and that--
``(A) is found or received after the date of the enactment of the
National Defense Authorization Act for
Fiscal Year 1998 by a United States intelligence agency, by a
Department of Defense agency, or by a person specified in section
1504(g) of this title; or
``(B) is identified after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1998 in records of the United
States as information that could be relevant to the case of one or more
unaccounted for persons described in subsection (b).''.
(2) Such section is further amended by adding at the end the
following new subsection:
``(d) Establishment of Personnel Files for Korean Conflict
Cases.--The Secretary of Defense shall ensure that a personnel file is
established for each unaccounted for person who is described in
subsection (b)(1) if the Secretary possesses information relevant to
that person's status. In the case of a person described in subsection
(b)(1) for whom a personnel file does not exist, the Secretary shall
create a personnel file for such person upon receipt of new information
as provided in subsection (a). Each such file shall be handled in
accordance with, and subject to the provisions of, section 1506 of this
title in the same manner as applies to the file of a missing person.''.
(f) Withholding of Classified Information.--Section 1506(b) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively; and
(3) by adding at the end the following:
``(2) If classified information withheld under this subsection refers
to one or more unnamed missing persons, the Secretary shall ensure that
notice of that withheld information, and notice of the date of the most
recent review of the classification of that withheld information, is
made reasonably accessible to the primary next of kin, members of the
immediate family, and the previously designated person.''.
(g) Withholding of Privileged Information.--Section 1506(d) of such
title is amended--
(1) in paragraph (2)--
(A) by inserting ``or about unnamed missing persons'' in the first
sentence after ``the debriefing report'';
(B) by striking out ``the missing person'' in the second sentence
and inserting in lieu thereof ``each missing person named in the
debriefing report''; and
(C) by adding at the end the following new sentence: ``Any
information contained in the extract of the debriefing report that
pertains to unnamed missing persons shall be made reasonably accessible
to the primary next of kin, members of the immediate family, and the
previously designated person.''; and
(2) in paragraph (3), by inserting ``, or part of a debriefing
report,'' after ``a debriefing report''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation
necessitated by reform of subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while
performing certain duty.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty
incentive pay for certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for
certain dental officers.
Sec. 619. Availability of special pay for duty at designated
hardship duty locations.
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for
former enlisted members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast
Guard Reserve.
Sec. 624. Increase in special pay and bonuses for
nuclear-qualified officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted
members extending tours of duty at designated locations overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 631. Travel and transportation allowances for dependents
before approval of member's court-martial sentence.
Sec. 632. Dislocation allowance.
SUBTITLE D--RETIRED PAY, SURVIVOR BENEFITS, AND RELATED MATTERS
Sec. 641. One-year opportunity to discontinue participation in
Survivor Benefit Plan.
Sec. 642. Time in which change in survivor benefit coverage from
former spouse to spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income
widows.
SUBTITLE E--OTHER MATTERS
Sec. 651. Loan repayment program for commissioned officers in
certain health professions.
Sec. 652. Conformance of NOAA commissioned officers separation pay
to separation pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA
commissioned corps officers for reimbursement of adoption expenses.
Sec. 654. Payment of back quarters and subsistence allowances to
World War II veterans who served as guerrilla fighters in the
Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the
poverty level.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998.
(a) Waiver of Section 1009 Adjustment.--The adjustment, to become
effective during fiscal year 1998, required by section 1009 of title 37,
United States Code (as amended by section 604), in the rate of monthly
basic pay authorized members of the uniformed services by section 203(a)
of such title shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 1998, the rates
of basic pay of members of the uniformed services are increased by 2.8
percent.
SEC. 602. REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE.
(a) Entitlement to Allowance.--Section 402 of title 37, United States
Code, is amended to read as follows:
``402. Basic allowance for subsistence
``(a) Entitlement to Allowance.--(1) Except as provided in paragraph
(2) or otherwise provided by law, each member of a uniformed service who
is entitled to basic pay is entitled to a basic allowance for
subsistence as set forth in this section.
``(2) An enlisted member is not entitled to the basic allowance for
subsistence during basic training.
``(b) Rates of Allowance Based on Food Costs.--(1) The monthly rate
of basic allowance for subsistence to be in effect for an enlisted
member for a year (beginning on January 1 of that year) shall be the
amount that is halfway between the following amounts, which are
determined by the Secretary of Agriculture as of October 1 of the
preceding year:
``(A) The amount equal to the monthly cost of a moderate-cost food
plan for a male in the United States who is between 20 and 50 years of
age.
``(B) The amount equal to the monthly cost of a liberal food plan
for a male in the United States who is between 20 and 50 years of age.
``(2) The monthly rate of basic allowance for subsistence to be in
effect for an officer for a year (beginning on January 1 of that year)
shall be the amount equal to the monthly rate of basic allowance for
subsistence in effect for officers for the preceding year, increased by
the same percentage by which the rate of basic allowance for subsistence
for enlisted members for the preceding year is increased effective on
such January 1.
``(c) Advance Payment.--The allowance to an enlisted member may be
paid in advance for a period of not more than three months.
``(d) Special Rule for Members Authorized To Mess Separately.--(1) In
areas prescribed by the Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, an enlisted member described in paragraph (2)
is entitled to not more than the pro rata allowance established under
subsection (b)(1) for each meal the member buys from a source other than
a messing facility of the United States.
``(2) An enlisted member referred to in paragraph (1) is a member who
is granted permission to mess separately and whose duties require the
member to buy at least one meal from a source other than a messing
facility of the United States.
``(e) Policies on Use of Dining and Messing Facilities.--The
Secretary of Defense, in consultation with the Secretaries concerned,
shall prescribe policies regarding use of dining and field messing
facilities of the uniformed services.
``(f) Regulations.--(1) The Secretary of Defense shall prescribe
regulations for the administration of this section. Before prescribing
the regulations, the Secretary shall consult with each Secretary
concerned.
``(2) The regulations shall include the specific rates of basic
allowance for subsistence required by subsection (b).''.
(b) Conforming Amendments.--(1) Section 404 of title 37, United
States Code, is amended--
(A) by striking out subsection (g); and
(B) by redesignating subsections (h), (i), (j), and (k) as
subsections (g), (h), (i), and (j), respectively.
(2) Section 6081(a) of title 10, United States Code, is amended by
striking out ``Except'' and all that follows through ``subsistence,
each'' and inserting in lieu thereof ``Each''.
(c) Transitional Authority To Provide Basic Allowance for
Subsistence.--
(1) Transitional authority.--Notwithstanding section 402 of title
37, United States Code, as amended by subsection (a), during the period
beginning on January 1, 1998, and ending on the date determined under
paragraph (2)--
(A) the basic allowance for subsistence shall not be paid under such
section 402;
(B) a member of the uniformed services is entitled to the basic
allowance for subsistence only as provided in subsection (d);
(C) an enlisted member of the uniformed services may be paid a
partial basic allowance for subsistence as provided in subsection (e);
and
(D) the rates of the basic allowance for subsistence are those rates
determined under subsection (f).
(2) Termination of transitional authority.--The transitional
authority provided under paragraph (1) shall terminate on the first day
of the month immediately following the first month for which the monthly
equivalent of the rate of basic allowance for subsistence payable to
enlisted members of the uniformed services (when permission to mess
separately is granted), as determined under subsection (f)(2), is equal
to or is exceeded by the amount
that, except for paragraph (1)(A), would otherwise be the
monthly rate of basic allowance for subsistence for enlisted members
under section 402(b)(1) of title 37, United States Code, as amended by
subsection (a).
(d) Transitional Entitlement to Allowance.--
(1) Enlisted members.--
(A) Types of entitlement.--An enlisted member is entitled to the
basic allowance for subsistence, on a daily basis, of under one or more
of the following circumstances:
(i) When rations in kind are not available
(ii) When permission to mess separately is granted.
(iii) When assigned to duty under emergency conditions where no
messing facilities of the United States are available.
(B) Other entitlement circumstances.--An enlisted member is entitled
to the allowance while on an authorized leave of absence, while confined
in a hospital, or while performing travel under orders away from the
member's designated post of duty other than field duty or sea duty (as
defined in regulations prescribed by the Secretary of Defense). For
purposes of the preceding sentence, a member shall not be considered to
be performing travel under orders away from his designated post of duty
if such member--
(i) is an enlisted member serving the member's first tour of active
duty;
(ii) has not actually reported to a permanent duty station pursuant
to orders directing such assignment; and
(iii) is not actually traveling between stations pursuant to orders
directing a change of station.
(C) Advance payment.--The allowance to an enlisted member, when
authorized, may be paid in advance for a period of not more than three
months.
(2) Officers.--An officer of a uniformed service who is entitled to
basic pay is, at all times, entitled to the basic allowances for
subsistence. An aviation cadet of the Navy, Air Force, Marine Corps, or
Coast Guard is entitled to the same basic allowance for subsistence as
is provided for an officer of the Navy, Air Force, Marine Corps, or
Coast Guard, respectively.
(e) Transitional Authority for Partial Allowance.--
(1) Enlisted members furnished subsistence in kind.--The Secretary
of Defense may provide in regulations for an enlisted member of a
uniformed service to be paid a partial basic allowance for subsistence
when--
(A) rations in kind are available to the member;
(B) the member is not granted permission to mess separately; or
(C) the member is assigned to duty under emergency conditions where
messing facilities of the United States are available.
(2) Monthly payment.--Any partial basic allowance for subsistence
authorized under paragraph (1) shall be calculated on a daily basis and
paid on a monthly basis.
(f) Transitional Rates.--
(1) Allowance for officers.--The monthly rate of basic allowance for
subsistence for a year (beginning on January 1 of that year) that is
payable to officers of the uniformed services shall be the amount that
is equal to 101 percent of the rate of basic allowance for subsistence
that was payable to officers of the uniformed services for the preceding
year.
(2) Allowance for enlisted member with permission to mess
separately.--The monthly rate of basic allowance for subsistence for a
year (beginning on January 1 of that year) that is payable to an
enlisted member of the uniformed services entitled to the allowance
under subsection (d)(1) shall be the amount that is equal to 101 percent
of the rate of basic allowance for subsistence that was
in effect for similarly situated enlisted members of the
uniformed services for the preceding year.
(3) Partial allowance for other enlisted members.--The monthly rate
of any partial basic allowance for subsistence for a year (beginning on
January 1 of that year) payable to an enlisted member of the uniformed
services eligible for the allowance under the regulations prescribed
under subsection (e)(1) shall be the amount equal to the lesser of the
following:
(A) The sum of--
(i) the partial basic allowance for subsistence in effect for the
preceding year; and
(ii) the amount equal to the difference, if any, between--
(I) the monthly equivalent of the rate of basic allowance for
subsistence that was in effect for the preceding year for members of the
uniformed services above grade E 1 (when permission to mess separately
is granted), increased by the same percentage by which the rates of
basic pay for members of the uniformed services is increased for the
current year; and
(II) the amount equal to 101 percent of the monthly equivalent of
the rate of basic allowance for subsistence that was in effect for the
previous year for members of the uniformed services above grade E 1
(when permission to mess separately is granted),
with the amount so determined under this clause multiplied by the
number of members estimated to be entitled to receive basic allowance
for subsistence under subsection (d) for the current year and then
divided by the number of members estimated to be eligible for the
partial allowance under the regulations prescribed under subsection
(e)(1) for that year.
(B) The amount equal to the difference between--
(i) the amount that, except for subsection (c)(1)(A), would
otherwise be the monthly rate of basic allowance for subsistence for
enlisted members under section 402(b)(1) of title 37, United States
Code; and
(ii) the amount equal to the monthly equivalent of the value of a
daily ration, as determined by the Under Secretary of Defense
(Comptroller) as of October 1 of the preceding year.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 1998.
SEC. 603. CONSOLIDATION OF BASIC ALLOWANCE FOR QUARTERS,
VARIABLE HOUSING ALLOWANCE, AND OVERSEAS HOUSING ALLOWANCES.
(a) Consolidation of Allowances.--Section 403 of title 37, United
States Code, is amended to read as follows:
``403. Basic allowance for housing
``(a) General Entitlement.--(1) Except as otherwise provided by law,
a member of a uniformed service who is entitled to basic pay is entitled
to a basic allowance for housing at the monthly rates prescribed under
this section or another provision of law with regard to the applicable
component of the basic allowance for housing. The amount of the basic
allowance for housing for a member will vary according to the pay grade
in which the member is assigned or distributed for basic pay purposes,
the dependency status of the member, and the geographic location of the
member. The basic allowance for housing may be paid in advance.
``(2) A member of a uniformed service with dependents is not entitled
to a basic allowance for housing as a member with dependents unless the
member makes a certification to the Secretary concerned indicating the
status of each dependent of the member. The certification shall be made
in accordance with regulations prescribed by the Secretary of Defense.
``(b) Basic Allowance for Housing Inside the United States.--(1) The
Secretary of Defense shall determine the costs of adequate housing in a
military housing area in the United States for all members of the
uniformed services entitled to a basic allowance for housing in that
area. The Secretary shall base the determination upon the costs of
adequate housing for civilians with comparable income levels in the same
area.
``(2) Subject to paragraph (3), the monthly amount of a basic
allowance for housing for an area of the United States for a member of a
uniformed service is equal to the difference between--
``(A) the monthly cost of adequate housing in that area, as
determined by the Secretary of Defense, for members of the uniformed
services serving in the same pay grade and with the same dependency
status as the member; and
``(B) 15 percent of the national average monthly cost of adequate
housing in the United States, as determined by the Secretary, for
members of the uniformed services serving in the same pay grade and with
the same dependency status as the member.
``(3) The rates of basic allowance for housing shall be reduced as
necessary to comply with this paragraph. The total amount that may be
paid for a fiscal year for the basic allowance for housing under this
subsection is the product of--
``(A) the total amount authorized to be paid for such allowance for
the preceding fiscal year (as adjusted under paragraph (5)); and
``(B) a fraction--
``(i) the numerator of which is the index of the national average
monthly cost of housing for June of the preceding fiscal year; and
``(ii) the denominator of which is the index of the national average
monthly cost of housing for June of the fiscal year before the preceding
fiscal year.
``(4) An adjustment in the rates of the basic allowance for housing
under this subsection as a result of the Secretary's redetermination of
housing costs in an area shall take effect on the same date as the
effective date of the next increase in basic pay under section 1009 of
this title or other provision of law.
``(5) In making a determination under paragraph (3) for a fiscal
year, the amount authorized to be paid for the preceding fiscal year for
the basic allowance for housing shall be adjusted to reflect changes
during the year for which the determination is made in the number, grade
distribution, geographic distribution in the United States, and
dependency status of members of the uniformed services entitled to the
allowance from the number of such members during the preceding fiscal
year.
``(6) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing
within an area of the United States, the monthly amount of the allowance
for the member may not be reduced as a result of changes in housing
costs in the area, changes in the national average monthly cost of
housing, or the promotion of the member.
``(7) In the case of a member without dependents who is assigned to
duty inside the United States, the location or the circumstances of
which make it necessary that the member be reassigned under the
conditions of low cost or no cost permanent change of station or
permanent change of assignment, the member may be treated as if the
member were not reassigned if the Secretary concerned determines that it
would be inequitable to base the member's entitlement to, and amount of,
a basic allowance for housing on the cost of housing in the area to
which the member is reassigned.
``(c) Basic Allowance for Housing Outside the United States.--(1) The
Secretary of Defense may prescribe an overseas basic allowance for
housing for a member of a uniformed service who is on duty outside of
the United States. The Secretary shall establish the basic allowance for
housing
under this subsection on the basis of housing costs in the
overseas area in which the member is assigned.
``(2) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing in an
overseas area and the actual monthly cost of housing for the member is
not reduced, the monthly amount of the allowance in an area outside the
United States may not be reduced as a result of changes in housing costs
in the area or the promotion of the member. The monthly amount of the
allowance may be adjusted to reflect changes in currency rates.
``(d) Basic Allowance for Housing When Dependents Are Unable To
Accompany Member.--(1) A member of a uniformed service with dependents
who is on permanent duty at a location described in paragraph (2) is
entitled to a family separation basic allowance for housing under this
subsection at a monthly rate equal to the rate of the basic allowance
for housing established under subsection (b) or the overseas basic
allowance for housing established under subsection (c), whichever
applies to that location, for members in the same grade at that location
without dependents.
``(2) A permanent duty location referred to in paragraph (1) is a
location--
``(A) to which the movement of the member's dependents is not
authorized at the expense of the United States under section 406 of this
title, and the member's dependents do not reside at or near the
location; and
``(B) at which quarters of the United States are not available for
assignment to the member.
``(3) In the case of a member with dependents who is assigned to duty
at a location or under circumstances that, as determined by the
Secretary concerned, require the member's dependents to reside at a
different location, the member shall receive a basic allowance for
housing, as provided in subsection (a) or (b), as if the member were
assigned to duty in the area in which the dependents reside, regardless
of whether the member resides in quarters of the United States or is
also entitled to a family separation basic allowance for housing by
reason of paragraph (1).
``(4) The family separation basic allowance for housing under this
subsection shall be in addition to any other allowance or per diem that
the member is otherwise entitled to receive under this title. A member
may receive a basic allowance for housing under both paragraphs (1) and
(3).
``(e) Effect of Assignment to Quarters.--(1) Except as otherwise
provided by law, a member of a uniformed service who is assigned to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service appropriate to the grade, rank, or
rating of the member and adequate for the member and dependents of the
member, if with dependents, is not entitled to a basic allowance for
housing.
``(2) A member without dependents who is in a pay grade above pay
grade E 6 and who is assigned to quarters in the United States or a
housing facility under the jurisdiction of a uniformed service,
appropriate to the grade or rank of the member and adequate for the
member, may elect not to occupy those quarters and instead to receive
the basic allowance for housing prescribed for the member's pay grade by
this section.
``(3) A member without dependents who is in pay grade E 6 and who is
assigned to quarters of the United States that do not meet the minimum
adequacy standards established by the Secretary of Defense for members
in such pay grade, or to a housing facility under the jurisdiction of a
uniformed service that does not meet such standards, may elect not to
occupy such quarters or facility and instead to receive the basic
allowance for housing prescribed for the member's pay grade under this
section.
``(4) The Secretary concerned may deny the right to make an election
under paragraph (2) or (3) if the Secretary determines that the exercise
of such an election would adversely affect a training mission, military
discipline, or military readiness.
``(5) A member with dependents who is assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service may be paid the basic allowance for housing if,
because of orders of competent authority, the dependents are prevented
from occupying those quarters.
``(f) Ineligibility During Initial Field Duty or Sea Duty.--(1) A
member of a uniformed service without dependents who makes a permanent
change of station for assignment to a unit conducting field operations
is not entitled to a basic allowance for housing while on that initial
field duty unless the commanding officer of the member certifies that
the member was necessarily required to procure quarters at the member's
expense.
``(2)(A) Except as provided in subparagraphs (B) and (C), a member of
a uniformed service without dependents who is in a pay grade below pay
grade E 6 is not entitled to a basic allowance for housing while the
member is on sea duty.
``(B) Under regulations prescribed by the Secretary concerned, the
Secretary may authorize the payment of a basic allowance for housing to
a member of a uniformed service without dependents who is serving in pay
grade E 5 and is assigned to sea duty. In prescribing regulations under
this subparagraph, the Secretary concerned shall consider the
availability of quarters for members serving in pay grade E 5.
``(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E 6 who are married to
each other, have no other dependents, and are simultaneously assigned to
sea duty are jointly entitled to one basic allowance for housing during
the period of such simultaneous sea duty. The amount of the allowance
shall be based on the without dependents rate for the pay grade of the
senior member of the couple. However, this subparagraph shall not apply
to a couple if one or both of the members are entitled to a basic
allowance for housing under subparagraph (B).
``(3) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Department of the Navy, shall prescribe regulation defining the
terms `field duty' and `sea duty' for purposes of this section.
``(g) Reserve Members.--(1) A member of a reserve component without
dependents who is called or ordered to active duty in support of a
contingency operation, or a retired member without dependents who is
ordered to active duty under section 688(a) of title 10 in support of a
contingency operation, may not be denied a basic allowance for housing
if, because of that call or order, the member is unable to continue to
occupy a residence--
``(A) which is maintained as the primary residence of the member at
the time of the call or order; and
``(B) which is owned by the member or for which the member is
responsible for rental payments.
``(2) Paragraph (1) shall not apply if the member is authorized
transportation of household goods under section 406 of this title as
part of the call or order to active duty described in such paragraph.
``(3) The Secretary of Defense shall establish a rate of basic
allowance for housing to be paid to a member of a reserve component
while the member serves on active duty under a call or order to active
duty specifying a period of less than 140 days, unless the call or order
to active duty is in support of a contingency operation.
``(h) Rental of Public Quarters.--Notwithstanding any other law
(including those restricting the occupancy of housing facilities under
the jurisdiction of a department or agency of the United States by
members, and their dependents, of the armed forces above specified
grades, or by members, and their dependents, of the National Oceanic and
Atmospheric Administration and the Public Health Service), a member of a
uniformed service, and the dependents of the member, may be accepted as
tenants in, and may occupy on a rental basis, any of those housing
facilities, other than public quarters constructed or designated for
assignment to an occupancy without charge by such a member and the
dependents of the member, if any. Such a member may not, because of
occupancy under this subsection, be deprived of any money allowance to
which the member is otherwise entitled for the rental of quarters.
``(i) Temporary Housing Allowance While in Travel or Leave Status.--A
member of a uniformed service who is in a pay grade E 4 (4 or more years
of service) or above is entitled to a temporary basic allowance for
housing (at a rate determined by the Secretary of Defense) while the
member is in a travel or leave status between permanent duty stations,
including time granted as delay en route or proceed time, when the
member is not assigned to quarters of the United States.
``(j) Aviation Cadets.--The eligibility of an aviation cadet of the
Navy, Air Force, Marine Corps, or Coast Guard for a basic allowance for
housing shall be determined as if the aviation cadet were a member of
the uniformed services in pay grade E 4.
``(k) Administration.--(1) The Secretary of Defense shall prescribe
regulations for the administration of this section.
``(2) The Secretary concerned may make such determinations as may be
necessary to administer this section, including determinations of
dependency and relationship. When warranted by the circumstances, the
Secretary concerned may reconsider and change or modify any such
determination. The authority of the Secretary concerned under this
subsection may be delegated. Any determination made under this section
with regard to a member of the uniformed services is final and is not
subject to review by any accounting officer of the United States or a
court, unless there is fraud or gross negligence.
``(3) Parking facilities (including utility connections) provided
members of the uniformed services for house trailers and mobile homes
not owned by the Government shall not be considered to be quarters for
the purposes of this section or any other provision of law. Any fees
established by the Government for the use of such a facility shall be
established in an amount sufficient to cover the cost of maintenance,
services, and utilities and to amortize the cost of construction of the
facility over the 25-year period beginning with the completion of such
construction.
``(l) Temporary Continuation of Allowance for Dependents of Members
Dying on Active Duty.--(1) The Secretary of Defense, or the Secretary of
Transportation in the case of the Coast Guard when not operating as a
service in the Navy, may allow the dependents of a member of the armed
forces who dies on active duty and whose dependents are occupying family
housing provided by the Department of Defense, or by the Department of
Transportation in the case of the Coast Guard, other than on a rental
basis on the date of the member's death to continue to occupy such
housing without charge for a period of 180 days.
``(2) The Secretary concerned may pay a basic allowance for housing
(at the rate that is payable for members of the same grade and
dependency status as the deceased member for the area where the
dependents are residing) to the dependents of a member of the uniformed
services who dies while on active duty and whose dependents--
``(A) are not occupying a housing facility under the jurisdiction of
a uniformed service on the date of the member's death;
``(B) are occupying such housing on a rental basis on such date; or
``(C) vacate such housing sooner than 180 days after the date of the
member's death.
``(3) The payment of the allowance under paragraph (2) shall
terminate 180 days after the date of the member's death.
``(m) Members Paying Child Support.--(1) A member of a uniformed
service with dependents may not be paid a basic allowance for housing at
the with dependents rate solely by reason of the payment of child
support by the member if--
``(A) the member is assigned to a housing facility under the
jurisdiction of a uniformed service; or
``(B) the member is assigned to sea duty, and elects not to occupy
assigned quarters for unaccompanied personnel, unless the member is in a
pay grade above E 4.
``(2) A member of a uniformed service assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service who is not otherwise authorized a basic allowance for
housing and who pays child support is entitled to the basic allowance
for housing differential, except for months for which the amount payable
for the child support is less than the rate of the differential. Payment
of a basic allowance for housing differential does not affect any
entitlement of the member to a partial allowance for quarters under
subsection (n).
``(3) The basic allowance for housing differential to which a member
is entitled under paragraph (2) is the amount equal to the difference
between--
``(A) the rate of the basic allowance for quarters (with dependents)
for the member's pay grade, as such rate was in effect on December 31,
1997, under this section (as in effect on that date); and
``(B) the rate of the basic allowance for quarters (without
dependents) for the member's pay grade, as such rate was in effect on
December 31, 1997, under this section (as in effect on that date).
``(4) Whenever the rates of basic pay for members of the uniformed
services are increased, the monthly amount of the basic allowance for
housing differential computed under paragraph (3) shall be increased by
the average percentage increase in the rates of basic pay. The effective
date of the increase shall be the same date as the effective date of the
increase in the rates of basic pay.
``(5) In the case of two members, who have one or more common
dependents (and no others), who are not married to each other, and one
of whom pays child support to the other, the amount of the basic
allowance for housing paid to each member under this section shall be
reduced in accordance with regulations prescribed by the Secretary of
Defense. The total amount of the basic allowances for housing paid to
the two members may not exceed the sum of the amounts of the allowance
to which each member would be otherwise entitled under this section.
``(n) Partial Allowance for Members Without Dependents.--(1) A member
of a uniformed service without dependents who is not entitled to receive
a basic allowance for housing under subsection (b), (c), or (d) is
entitled to a partial basic allowance for housing at a rate determined
by the Secretary of Defense under paragraph (2).
``(2) The rate of the partial basic allowance for housing is the
partial rate of the basic allowance for quarters for the member's pay
grade as such partial rate was in effect on December 31, 1997, under
section 1009(c)(2) of this title (as such section was in effect on such
date).''.
(b) Transition to Basic Allowance for Housing.--The Secretary of
Defense shall develop and implement a plan to incrementally manage the
rate of growth of the various components of the basic allowance for
housing authorized by section 403 of title 37, United States Code (as
amended by subsection (a)), during a transition period of not more than
six years. During the transition period, the Secretary may continue to
use the authorities provided under sections 403, 403a, 405(b), and
427(a) of title 37, United States Code (as in effect on the day before
the date of the enactment of this Act), but subject to such
modifications as the Secretary considers necessary, to provide
allowances for members of the uniformed services.
(c) Repeal of Superseded Authorities.--(1) Section 403a of title 37,
United States Code, is repealed.
(2) Section 405 of such title is amended--
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(3) Section 427 of such title is amended--
(A) by striking out subsection (a); and
(B) in subsection (b)--
(i) by striking out ``(b) Additional Separation Allowance.--'' and
inserting in lieu thereof ``(a) Entitlement to Allowance.--'';
(ii) in paragraph (1)--
(I) by striking out ``, including subsection (a),'' in the matter
preceding the subparagraphs;
(II) by inserting ``or'' at the end of subparagraph (B);
(III) by striking out ``; or'' at the end of subparagraph (C) and
inserting in lieu thereof a period; and
(IV) by striking out subparagraph (D);
(iii) in paragraph (3)--
(I) by striking out ``(3) An allowance'' and inserting in lieu
thereof ``(b) Entitlement When No Residence or Household Maintained for
Dependents.--An allowance''; and
(II) by striking out ``this subsection'' and inserting in lieu
thereof ``subsection (a)'';
(iv) in paragraph (4)--
(I) by striking out ``(4) A member'' and inserting in lieu thereof
``(c) Effect of Election To Serve Unaccompanied Tour of Duty.--A
member''; and
(II) by striking out ``paragraph (1)(A) of this subsection'' and
inserting in lieu thereof ``subsection (a)(1)(A)''; and
(v) by striking out paragraph (5) and inserting in lieu thereof the
following new subsection:
``(d) Entitlement While Spouse Entitled to Basic Pay.--A member
married to another member of the uniformed services becomes entitled,
regardless of any other dependency status, to an allowance under
subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or
(C) of paragraph (1) of such subsection if the members were residing
together immediately before being separated by reasons of execution of
military orders. Section 421 of this title does not apply to bar the
entitlement to an allowance under this section. However, not more than
one monthly allowance may be paid with respect to a married couple under
this section.''.
(4) The table of sections at the beginning of chapter 7 of title 37,
United States Code, is amended by striking out the items relating to
sections 403 and 403a and inserting in lieu thereof the following new
item:
``403. Basic allowance for housing.''.
(d) Conforming Amendments.--(1) Title 37, United States Code, is
amended--
(A) in section 101(25), by striking out ``basic allowance for
quarters (including any variable housing allowance or station housing
allowance)'' and inserting in lieu thereof ``basic allowance for
housing'';
(B) in section 406(c), by striking out ``sections 404 and 405'' and
inserting in lieu thereof ``sections 403(c), 404, and 405'';
(C) in section 420(c), by striking out ``quarters'' and inserting in
lieu thereof ``housing'';
(D) in section 551(3)(D), by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for
housing''; and
(E) in section 1014(a), by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for
housing''.
(2) Title 10, United States Code, is amended--
(A) in section 708(c)(1), by striking out ``basic allowance for
quarters or basic allowance for subsistence'' and inserting in lieu
thereof ``basic allowance for housing under section 403 of title 37,
basic allowance for subsistence under section 402 of such title,'';
(B) in section 2830(a)--
(i) in paragraph (1), by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for housing
under section 403 of title 37''; and
(ii) in paragraph (2), by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for
housing'';
(C) in section 2882(b)--
(i) in paragraph (1), by striking out ``section 403(b)'' and
inserting in lieu thereof ``section 403''; and
(ii) in paragraph (2), by striking out ``basic allowance for
quarters'' and all that follows through the end of the paragraph and
inserting in lieu thereof ``basic allowance for housing under section
403 of title 37.'';
(D) in section 7572(b)--
(i) in paragraph (1), by striking out ``the total of--'' and all
that follows through the end of the paragraph and inserting in lieu
thereof ``the basic allowance for housing payable under section 403 of
title 37 to a member of the same pay grade without dependents for the
period during which the member is deprived of quarters on board ship.'';
and
(ii) in paragraph (2), by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for
housing''; and
(E) in section 7573, by striking out ``basic allowance for
quarters'' and inserting in lieu thereof ``basic allowance for housing
under section 403 of title 37''.
(3) Section 5561(6)(D) of title 5, United States Code, is amended by
striking out ``basic allowance for quarters'' and inserting in lieu
thereof ``basic allowance for housing''.
(4) Section 107(b) of title 32, United States Code, is amended by
striking out ``and quarters'' and inserting in lieu thereof ``and
housing''.
(5) Section 4(k)(10) of the Military Selective Service Act (50 U.S.C.
App. 454(k)(10)) is amended by striking out ``as such terms'' and all
that follows through ``extended or amended'' and inserting in lieu
thereof ``shall be entitled to receive a dependency allowance equal to
the basic allowance for housing provided for persons in pay grade E 1
under section 403 of title 37, United States Code,''.
(e) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 1998.
SEC. 604. REVISION OF AUTHORITY TO ADJUST COMPENSATION
NECESSITATED BY REFORM OF SUBSISTENCE AND HOUSING ALLOWANCES.
(a) Removal of References to BAS and BAQ.--(1) Section 1009 of title
37, United States Code, is amended to read as follows:
``1009. Adjustments of monthly basic pay
``(a) Adjustment Required.--Whenever the General Schedule of
compensation for Federal classified employees, as contained in section
5332 of title 5, is adjusted upward as provided in section 5303 of such
title, the President shall immediately make an upward adjustment in the
monthly basic pay authorized members of the uniformed services by
section 203(a) of this title.
``(b) Effectiveness of Adjustment.--An adjustment under this section
shall--
``(1) have the force and effect of law; and
``(2) carry the same effective date as that applying to the
compensation adjustments provided General Schedule employees.
``(c) Equal Percentage Increase for All Members.--Subject to
subsection (d), an adjustment under this section shall provide all
eligible members with an increase in the monthly basic pay which is of
the same percentage as the overall average percentage increase in the
General Schedule rates of both basic pay and locality pay for civilian
employees.
``(d) Allocation of Increase Among Pay Grades and
Years-of-Service.--(1) Subject to paragraph (2), whenever the President
determines such action to be in the best interest of the Government, he
may allocate the overall percentage increase in the monthly basic pay
under subsection (a) among such pay grade and years-of-service
categories as he considers appropriate.
``(2) In making any allocation of an overall percentage increase in
basic pay under paragraph (1)--
``(A) the amount of the increase in basic pay for any given pay
grade and years-of-service category after any allocation made under this
subsection may not be less than 75 percent of the amount of the increase
in the monthly basic pay that would otherwise have been effective with
respect to such pay grade and years-of-service category under subsection
(c); and
``(B) the percentage increase in the monthly basic pay in the case
of any member of the uniformed services with four years or less service
may not exceed the overall percentage increase in the General Schedule
rates of basic pay for civilian employees.
``(e) Notice of Allocations.--Whenever the President plans to
exercise the authority of the President under subsection (d) with
respect to any anticipated increase in the monthly basic pay of members
of the uniformed services, the President shall advise Congress, at the
earliest practicable time prior to the effective date of such increase,
regarding the proposed allocation of such increase.
``(f) Quadrennial Assessment of Allocations.--The allocations of
increases made under this section shall be assessed in conjunction with
the quadrennial review of military compensation required by section
1008(b) of this title.''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 19 of such title is amended to read as follows:
``1009. Adjustments of monthly basic pay.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on January 1, 1998.
SEC. 605. PROTECTION OF TOTAL COMPENSATION OF MEMBERS WHILE
PERFORMING CERTAIN DUTY.
Section 1009 of title 37, United States Code, as amended by section
604, is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
``(f) Protection of Member's Total Compensation While Performing
Certain Duty.--(1) The total daily equivalent amount of the elements of
compensation described in paragraph (3), together with other pay and
allowances under this title, to be paid to a member of the uniformed
services who is temporarily assigned to duty away from the member's
permanent duty station or to duty under field conditions at the member's
permanent duty station shall not be less, for any day during the
assignment period, than the total amount, for the day immediately
preceding the date of the assignment, of the elements of compensation
and other pay and allowances of the member.
``(2) Paragraph (1) shall not apply with respect to an element of
compensation or other pay or allowance of a member during an assignment
described in such paragraph to the extent that the element of
compensation or other pay or allowance is reduced or terminated due to
circumstances unrelated to the assignment.
``(3) The elements of compensation referred to in this subsection
mean--
``(A) the monthly basic pay authorized members of the uniformed
services by section 203(a) of this title;
``(B) the basic allowance for subsistence authorized members of the
uniformed services by section 402 of this title; and
``(C) the basic allowance for housing authorized members of the
uniformed services by section 403 of this title.''
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime
Specialties.--Section 302g(f) of title 37, United States Code, is
amended by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title 37,
United States Code, is amended by striking out ``September 30, 1998''
and inserting in lieu thereof ``September 30, 1999''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title 37,
United States Code, is amended by striking out ``September 30, 1998''
and inserting in lieu thereof ``September 30, 1999''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g)
of title 37, United States Code, is amended by striking out ``September
30, 1998'' and inserting in lieu thereof ``September 30, 1999''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of title 37,
United States Code, as redesignated by section 622, is amended by
striking out ``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(h) Repayment of Education Loans for Certain Health Professionals Who
Serve in the Selected Reserve.--Section 16302(d) of title 10, United
States Code, is amended by striking out ``October 1, 1998'' and
inserting in lieu thereof ``October 1, 1999''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1998'' and inserting in lieu thereof ``September 30, 1999''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1)
of title 37, United States Code, is amended by striking out ``September
30, 1998'' and inserting in lieu thereof ``September 30, 1999''.
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1998,''
and inserting in lieu thereof ``September 30, 1999,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''.
(c) Enlistment Bonuses for Members With Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each amended by
striking out ``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999''.
(d) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1998''
and inserting in lieu thereof ``September 30, 1999''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of title
37, United States Code, is amended by striking out ``October 1, 1998''
and inserting in lieu thereof ``October 1, 1999''.
SEC. 614. INCREASE IN MINIMUM MONTHLY RATE OF HAZARDOUS DUTY
INCENTIVE PAY FOR CERTAIN MEMBERS.
(a) Aerial Flight Crewmembers.--The table in subsection (b) of
section 301 of title 37, United States Code, is amended--
(1) by striking out ``110'' each place it appears and inserting in
lieu thereof ``150''; and
(2) by striking out ``125'' each place it appears and inserting in
lieu thereof ``150''.
(b) Air Weapons Controller Aircrew.--The table in subsection
(c)(2)(A) of such section is amended--
(1) by striking out ``100'' in the first column of amounts and
inserting in lieu thereof ``150'';
(2) by striking out ``110'' in the last column of amounts and
inserting in lieu thereof ``150''; and
(3) by striking out ``125'' each place it appears and inserting in
lieu thereof ``150''.
(c) Other Members.--Subsection (c)(1) of such section is amended--
(1) by striking out ``$110'' and inserting in lieu thereof ``$150'';
and
(2) by striking out ``$165'' and inserting in lieu thereof ``$225''.
SEC. 615. INCREASE IN AVIATION CAREER INCENTIVE PAY.
(a) Amounts.--The table in subsection (b)(1) of section 301a of title
37, United States Code, is amended--
(1) by inserting at the end of phase I of the table the following:
``Over 14
840'';
and
(2) by striking out phase II of the table and inserting in lieu
thereof the following:
``PHASE II
``Monthly
``Years of service as an officer:
rate
``Over 22
$58515
``Over 23
49515
``Over 24
38515
``Over 25
250''.
(b) Conforming Amendments.--Such subsection is further amended in the
matter after the table by striking out ``18 years'' both places it
appears and inserting in lieu thereof ``22 years''.
(c) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect on January 1, 1999, and shall apply
with respect to months beginning on or after that date.
SEC. 616. MODIFICATION OF AVIATION OFFICER RETENTION BONUS.
(a) Increase in Bonus Amounts.--Subsection (c) of section 301b of
title 37, United States Code, is amended--
(1) in paragraph (1), by striking out ``$12,000'' and inserting in
lieu thereof ``$25,000''; and
(2) in paragraph (2), by striking out ``$6,000'' and inserting in
lieu thereof ``$12,000''.
(b) Duration of Agreement.--Paragraph (2) of such subsection is
further amended by striking out ``one or two years'' and inserting in
lieu thereof ``one, two, or three years''.
(c) Content of Annual Report.--Subsection (i)(1) of such section is
amended--
(1) by inserting ``and'' at the end of subparagraph (A);
(2) by striking out ``; and'' at the end of subparagraph (B) and
inserting in lieu thereof a period; and
(3) by striking out subparagraph (C).
(d) Definition of Aviation Specialty.--Subsection (j)(2) of such
section is amended by inserting ``specific'' before ``community'' both
places it appears.
(e) Effective Dates and Applicability.--The amendments made by this
section shall take effect as of October 1, 1996, and shall apply with
respect to agreements accepted under section 301b of title 37, United
States Code, on or after that date.
SEC. 617. AVAILABILITY OF MULTIYEAR RETENTION BONUS FOR DENTAL OFFICERS.
(a) Availability of Retention Bonus.--Chapter 5 of title 37, United
States Code, is amended by inserting after section 301d the following
new section:
``301e. Multiyear retention bonus: dental officers of the armed forces
``(a) Bonus Authorized.--(1) A dental officer described in subsection
(b) who executes a written agreement to remain on active duty for two,
three, or four years after completion of any other active-duty service
commitment may, upon acceptance of the written agreement by the
Secretary of the military department concerned, be paid a retention
bonus as provided in this section.
``(2) The amount of a retention bonus under paragraph (1) may not
exceed $14,000 for each year covered by a four-year agreement. The
maximum yearly retention bonus for two-year and three-year agreements
shall be reduced to reflect the shorter service commitment.
``(b) Officers Automatically Eligible.--Subsection (a) applies to an
officer of the armed forces who--
``(1) is an officer of the Dental Corps of the Army or the Navy or
an officer of the Air Force designated as a dental officer;
``(2) has a dental specialty in oral and maxillofacial surgery;
``(3) is in a pay grade below pay grade 0 7;
``(4) has at least eight years of creditable service (computed as
described in section 302b(g) of this title) or has completed any
active-duty service commitment incurred for dental education and
training; and
``(5) has completed initial residency training (or will complete
such training before September 30 of the fiscal year in which the
officer enters into an agreement under subsection (a)).
``(c) Extension of Bonus to Other Dental Officers.--At the discretion
of the Secretary of the military department concerned, the Secretary may
enter into a written agreement described in subsection (a)(1) with a
dental officer who does not have the dental specialty specified in
subsection (b)(2), and pay a retention bonus to such an officer as
provided in this section, if the officer otherwise satisfies the
eligibility requirements specified in subsection (b). The Secretaries
shall exercise the authority provided in this section in a manner
consistent with regulations prescribed by the Secretary of Defense.
``(d) Refunds.--(1) Refunds shall be required, on a pro rata basis,
of sums paid under this section if the officer who has received the
payment fails to complete the total period of active duty specified in
the agreement, as conditions and circumstances warrant.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the member signing such
agreement from a debt arising under such agreement or under paragraph
(1). This paragraph applies to any case commenced under title 11 after
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
301d the following new item:
``301e. Multiyear retention bonus: dental officers of the armed
forces.''.
SEC. 618. INCREASE IN VARIABLE AND ADDITIONAL SPECIAL PAYS FOR
CERTAIN DENTAL OFFICERS.
(a) Variable Special Pay for Junior Officers.--Paragraph (2) of
section 302b(a) of title 37, United States Code, is amended by striking
out subparagraphs (C), (D), (E), and (F) and inserting in lieu thereof
the following new subparagraphs:
``(C) $7,000 per year, if the officer has at least six but less than
eight years of creditable service.
``(D) $12,000 per year, if the officer has at least eight but less
than 12 years of creditable service.
``(E) $10,000 per year, if the officer has at least 12 but less than
14 years of creditable service.
``(F) $9,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(G) $8,000 per year, if the officer has 18 or more years of
creditable service.''.
(b) Variable Special Pay for Senior Officers.--Paragraph (3) of such
section is amended by striking out ``$1,000'' and inserting in lieu
thereof ``$7,000''.
(c) Additional Special Pay.--Paragraph (4) of such section is amended
by striking out subparagraphs (B), (C), and (D) and inserting in lieu
thereof the following new subparagraphs:
``(B) $6,000 per year, if the officer has at least three but less
than 10 years of creditable service.
``(C) $15,000 per year, if the officer has 10 or more years of
creditable service.''.
SEC. 619. AVAILABILITY OF SPECIAL PAY FOR DUTY AT DESIGNATED
HARDSHIP DUTY LOCATIONS.
(a) Special Pay Authorized.--Subsection (a) of section 305 of title
37, United States Code, is amended to read as follows:
``(a) Special Pay Authorized.--A member of a uniformed service who is
entitled to basic pay may be paid special pay under this section at a
monthly rate not to exceed $300 while the member is on duty at a
location in the United States or outside the United States designated by
the Secretary of Defense as a hardship duty location.''.
(b) Cross References and Regulations.--Such section is further
amended--
(1) in subsection (b)--
(A) by inserting `` Exception for Certain Members Serving in Certain
Locations.--'' after ``(b)''; and
(B) by striking out ``as foreign duty pay'' and inserting in lieu
thereof ``as hardship duty location pay'';
(2) in subsection (c)--
(A) by inserting `` Exception for Members Receiving Career Sea
Pay.--'' after ``(c)''; and
(B) by striking out ``special pay under this section'' and inserting
in lieu thereof ``hardship duty location pay under subsection (a)''; and
(3) by adding at the end the following new subsection:
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the provision of hardship duty location pay under
subsection (a), including the specific monthly rates at which the
special pay will be available.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``305. Special pay: hardship duty location pay''.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by striking out the item relating to
section 305 and inserting in lieu thereof the following new item:
``305. Special pay: hardship duty location pay.''.
(d) Conforming Amendment.--Section 907(d) of title 37, United States
Code, is amended by striking out ``duty at certain places'' and
inserting in lieu thereof ``duty at a hardship duty location''.
(e) Transition.--Until such time as the Secretary of Defense
prescribes regulations regarding the provision of hardship duty location
pay under section 305 of title 37, United States Code, as amended by
this section, the Secretary may continue to use the authority provided
by such section 305, as in effect on the day before the date of the
enactment of this Act, to provide special pay to enlisted members of the
uniformed services on duty at certain places.
SEC. 620. DEFINITION OF SEA DUTY FOR PURPOSES OF CAREER SEA PAY.
Section 305a(d) of title 37, United States Code, is amended--
(1) in paragraph (1)(A), by striking out ``, ship-based staff, or
ship-based aviation unit'';
(2) in paragraph (1)(B), by striking out ``or ship-based staff'';
(3) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(4) by inserting after paragraph (1) the following new paragraph:
``(2) The Secretary concerned may designate duty performed by a
member while serving on a ship the primary mission of which is
accomplished either while under way or in port as `sea duty' for
purposes of this section, even though the duty is performed while the
member is permanently or temporarily assigned to a ship-based staff or
other unit not covered by paragraph (1).''.
SEC. 621. MODIFICATION OF SELECTED RESERVE REENLISTMENT BONUS.
(a) Eligible Members.--Subsection (a)(1) of section 308b of title 37,
United States Code, is amended by striking out ``ten years'' and
inserting in lieu thereof ``14 years''.
(b) Bonus Amounts; Payment.--Subsection (b) of such section is
amended to read as follows:
``(b) Bonus Amounts; Payment.--(1) The amount of a bonus under this
section may not exceed--
``(A) $5,000, in the case of a member who reenlists or extends an
enlistment for a period of six years;
``(B) $2,500, in the case of a member who, having never received a
bonus under this section, reenlists or extends an enlistment for a
period of three years; and
``(C) $2,000, in the case of a member who, having received a bonus
under this section for a previous three-year reenlistment or extension
of an enlistment, reenlists or extends the enlistment for an additional
period of three years.
``(2) Any bonus payable under this section shall be disbursed in one
initial payment of an amount not to exceed one-half of the total amount
of the bonus and subsequent periodic partial payments of the balance of
the bonus. The Secretary concerned shall prescribe the amount of each
partial payment and the schedule for making the partial payments.''.
(c) Special Eligibility Requirements; Number of Individual
Bonuses.--Subsection (c) of such section is amended to read as follows:
``(c) Condition on Eligibility; Limitation on Number of Bonuses.--(1)
To be eligible for a second bonus under this section in the amount
specified in subsection (b)(1)(C), a member must--
``(A) enter into the subsequent reenlistment or extension of an
enlistment for a period of three years not later than the date on which
the enlistment or extension for which the first bonus was paid would
expire; and
``(B) still satisfy the designated skill or unit requirements
required under subsection (a)(2).
``(2) A member may not be paid more than one six-year bonus or two
three-year bonuses under this section.''.
(d) Effect of Failure To Serve Satisfactorily.--Subsection (d) of
such section is amended to read as follows:
``(d) Repayment of Bonus.--A member who receives a bonus under this
section and who fails, during the period for which the bonus was paid,
to serve satisfactorily in the element of the Selected Reserve of the
Ready Reserve with respect to which the bonus was paid shall refund to
the United States an amount that bears the same ratio to the amount of
the bonus paid to the member as the period that the member failed to
serve satisfactorily bears to the total period for which the bonus was
paid.''.
(e) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Authority and Eligibility
Requirements.--'' after ``(a)'';
(2) in subsection (e), by inserting `` Regulations.--'' after
``(e)''; and
(3) in subsection (f), by inserting `` Termination of Authority.--''
after ``(f)''.
SEC. 622. MODIFICATION OF SELECTED RESERVE ENLISTMENT BONUS
FOR FORMER ENLISTED MEMBERS.
(a) Eligible Persons.--Subsection (a)(2) of section 308i of title 37,
United States Code, is amended--
(1) in subparagraph (A), by striking out ``10 years'' and inserting
in lieu thereof ``14 years'';
(2) in subparagraph (C), by striking out ``and'';
(3) by redesignating subparagraph (D) as subparagraph (E);
(4) in subparagraph (E) (as so redesignated), by inserting ``(except
under this section)'' after ``bonus''; and
(5) by inserting after subparagraph (C) the following new
subparagraph:
``(D) is projected to occupy a position as a member of the Selected
Reserve in a specialty in which--
``(i) the person successfully served while a member on active duty;
and
``(ii) the person attained a level of qualification while a member
on active duty commensurate with the grade and years of service of the
member; and''.
(b) Bonus Amounts; Payment.--Subsection (b) of such section is
amended to read as follows:
``(b) Bonus Amounts; Payment.--(1) The amount of a bonus under this
section may not exceed--
``(A) $5,000, in the case of a person who enlists for a period of
six years;
``(B) $2,500, in the case of a person who, having never received a
bonus under this section, enlists for a period of three years; and
``(C) $2,000, in the case of a person who, having received a bonus
under this section for a previous three-year enlistment, reenlists or
extends the enlistment for an additional period of three years.
``(2) Any bonus payable under this section shall be disbursed in one
initial payment of an amount not to exceed one-half of the total amount
of the bonus and subsequent periodic partial payments of the balance of
the bonus. The Secretary concerned shall prescribe the amount of each
partial payment and the schedule for making the partial payments.''.
(c) Special Eligibility Requirements; Number of Individual
Bonuses.--Subsection (c) of such section is amended to read as follows:
``(c) Condition on Eligibility; Limitation on Number of Bonuses.--(1)
To be eligible for a second bonus under this section in the amount
specified in subsection (b)(1)(C), a person must--
``(A) enter into a reenlistment or extension of an enlistment for a
period of three years not later than the date on which the enlistment
for which the first bonus was paid would expire; and
``(B) still satisfy the eligibility requirements under subsection (a).
``(2) A person may not be paid more than one six-year bonus or two
three-year bonuses under this section.
(d) Reorganization of Section.--Such section is further amended--
(1) by redesignating subsections (e), (f), and (g) as paragraphs
(2), (3), and (4), respectively, of subsection (d); and
(2) by redesignating subsections (h) and (i) as subsections (e) and
(f), respectively.
(e) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting `` Authority and Eligibility
Requirements.--'' after ``(a)'';
(2) in subsection (d)--
(A) by inserting `` Repayment of Bonus.--(1)'' after ``(d)'';
(B) in paragraphs (2) and (4), as redesignated by subsection (d)(1),
by striking out ``subsection (d)'' and inserting in lieu thereof
``paragraph (1)''; and
(C) in paragraph (3), as redesignated by subsection (d)(1)--
(i) by striking out ``subsection (h)'' and inserting in lieu thereof
``subsection (e)''; and
(ii) by striking out ``subsection (d)'' and inserting in lieu
thereof ``paragraph (1)'';
(3) in subsection (e), as redesignated by subsection (d)(2), by
inserting `` Regulations.--'' after ``(e)''; and
(4) in subsection (f), as redesignated by subsection (d)(2), by
inserting `` Termination of Authority.--'' after ``(f)''.
SEC. 623. EXPANSION OF RESERVE AFFILIATION BONUS TO INCLUDE
COAST GUARD RESERVE.
Section 308e of title 37, United States Code, is amended--
(1) in subsection (a), by striking out ``Under regulations
prescribed by the Secretary of Defense, the Secretary of a military
department'' and inserting in lieu thereof ``The Secretary concerned'';
(2) in subsection (b)(3), by striking out ``designated by the
Secretary of Defense for the purposes of this section'' and inserting in
lieu thereof ``designated for purposes of this section in the
regulations prescribed under subsection (f)'';
(3) in subsection (c)(3), by striking out ``regulations prescribed
by the Secretary of Defense'' and inserting in lieu thereof ``the
regulations prescribed under subsection (f)''; and
(4) by adding at the end the following new subsections:
``(f) This section shall be administered under regulations prescribed
by the Secretary of Defense for the armed forces under the jurisdiction
of the Secretary of Defense and by the Secretary of Transportation for
the Coast Guard when the Coast Guard is not operating as a service in
the Navy.
``(g) The authority in subsection (a) does not apply to the Secretary
of Commerce and the Secretary of Health and Human Services.''.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR
NUCLEAR-QUALIFIED OFFICERS.
(a) Special Pay for Officers Extending Period of Active
Service.--Section 312(a) of title 37, United States Code, is amended by
striking out ``$12,000'' and inserting in lieu thereof ``$15,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of title 37,
United States Code, is amended by striking out ``$8,000'' and inserting
in lieu thereof ``$10,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c of title
37, United States Code, is amended--
(1) in subsection (a)(1), by striking out ``$10,000'' and inserting
in lieu thereof ``$12,000''; and
(2) in subsection (b)(1), by striking out ``$4,500'' and inserting
in lieu thereof ``$5,500''.
(d) Effective Date.--(1) The amendments made by this section shall
take effect as of October 1, 1997.
(2) The amendments made by subsections (a) and (b) shall apply with
respect to agreements accepted under sections 312(a) and 312b(a),
respectively, of title 37, United States Code, on or after October 1,
1997.
SEC. 625. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY FOR
ENLISTED MEMBERS EXTENDING TOURS OF DUTY AT DESIGNATED LOCATIONS
OVERSEAS.
(a) Inclusion of Bonus Incentive.--(1) Section 314 of title 37,
United States Code, is amended to read as follows:
``314. Special pay or bonus: qualified enlisted members
extending duty at designated locations overseas
``(a) Covered Members.--This section applies with respect to an
enlisted member of an armed force who--
``(1) is entitled to basic pay;
``(2) has a specialty that is designated by the Secretary concerned
for the purposes of this section;
``(3) has completed a tour of duty (as defined in accordance with
regulations prescribed by the Secretary concerned) at a location outside
the 48 contiguous States and the District of Columbia that is designated
by the Secretary concerned for the purposes of this section; and
``(4) at the end of that tour of duty executes an agreement to
extend that tour for a period of not less than one year.
``(b) Special Pay or Bonus Authorized.--Upon the acceptance by the
Secretary concerned of the agreement providing for an extension of the
tour of duty of an enlisted member described in subsection (a), the
member is entitled, at the election of the Secretary concerned, to
either--
``(1) special pay in monthly installments in an amount prescribed by
the Secretary, but not to exceed $80 per month; or
``(2) an annual bonus in an amount prescribed by the Secretary, but
not to exceed $2,000 per year.
``(c) Selection and Payment of Special Pay or Bonus.--Not later than
the date on which the Secretary concerned accepts an agreement described
in subsection (a)(4) providing for the extension of a member's tour of
duty, the Secretary concerned shall notify the member regarding whether
the member will receive special pay or a bonus under this section. The
payment rate for the special pay or bonus shall be fixed at the time of
the agreement and may not be changed during the period of the extended
tour of duty. The Secretary concerned may pay a bonus under this section
either in a lump sum or installments.
``(d) Repayment of Bonus.--(1) A member who, having entered into a
written agreement to extend a tour of duty for a period under subsection
(a), receives a bonus payment under subsection (b)(2) for a 12-month
period covered by the agreement and ceases during that 12-month period
to perform the agreed tour of duty shall refund to the United States the
unearned portion of the bonus. The unearned portion of the bonus is the
amount by which the amount of the bonus paid to the member exceeds the
amount determined by multiplying the amount of the bonus paid by the
percent determined by dividing 12 into the number of full months during
which the member performed the duty in the 12-month period.
``(2) The Secretary concerned may waive the obligation of a member to
reimburse the United States under paragraph (1) if the Secretary
determines that conditions and circumstances warrant the waiver.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement does not
discharge the member signing the agreement from a debt arising under the
agreement or under paragraph (1). This paragraph applies to any case
commenced under title 11 on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998.
``(e) Effect of Rest and Recuperative Absence.--A member who elects
to receive one of the benefits specified in section 705(b) of title 10
as part of the extension of a tour of duty is not entitled to the
special pay authorized by subsection (b)(1) for the period of the
extension of duty for which the benefit under such section is
provided.''.
(2) The item relating to section 314 in the table of sections at the
beginning of chapter 5 of such title is amended to read as follows:
``314. Special pay or bonus: qualified enlisted members extending
duty at designated locations overseas.''.
(b) Application of Amendment.--Section 314 of title 37, United States
Code, as amended by subsection (a), shall apply with respect to an
agreement to extend a tour of duty as provided in such section executed
on or after October 1, 1997.
SEC. 626. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.
Section 427 of title 37, United States Code (as amended by section
603), is further amended in subsection (a)(1) by striking out ``$75''
and inserting in lieu thereof ``$100''.
SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended--
(1) in the first sentence, by striking out ``and shall be'' and all
that follows through ``is performed''; and
(2) by inserting after the first sentence the following new
sentence: ``The allowance may be paid to the member before, on, or after
the date on which the muster duty is performed, but not later than 30
days after that date.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS
BEFORE APPROVAL OF MEMBER'S COURT-MARTIAL SENTENCE.
Section 406(h)(2)(C) of title 37, United States Code, is amended by
striking out the comma at the end of clause (iii) and all that follows
through ``title 10.'' and inserting in lieu thereof a period.
SEC. 632. DISLOCATION ALLOWANCE.
(a) In General.--Section 407 of title 37, United States Code, is
amended to read as follows:
``407. Travel and transportation allowances: dislocation allowance
``(a) Eligibility for Primary Dislocation Allowance.--(1) Under
regulations prescribed by the Secretary concerned, a member of a
uniformed service described in paragraph (2) is entitled to a primary
dislocation allowance at the rate determined under subsection (c) for
the member's pay grade and dependency status.
``(2) A member of the uniformed services referred to in paragraph (1)
is any of the following:
``(A) A member who makes a change of permanent station and the
member's dependents actually make an authorized move in connection with
the change, including a move by the dependents--
``(i) to join the member at the member's duty station after an
unaccompanied tour of duty when the member's next tour of duty is an
accompanied tour at the same station; and
``(ii) to a location designated by the member after an accompanied
tour of duty when the member's next tour of duty is an unaccompanied
tour at the same duty station.
``(B) A member whose dependents actually move pursuant to section
405a(a), 406(e), 406(h), or 554 of this title.
``(C) A member whose dependents actually move from their place of
residence under circumstances described in section 406a of this title.
``(D) A member who is without dependents and--
``(i) actually moves to a new permanent station where the member is
not assigned to quarters of the United States; or
``(ii) actually moves from a place of residence under circumstances
described in section 406a of this title.
``(E) A member who is ordered to move in connection with the closure
or realignment of a military installation and, as a result, the member's
dependents actually move or, in the case of a member without dependents,
the member actually moves.
``(3) If a primary dislocation allowance is paid under this
subsection to a member described in subparagraph (C) or (D)(ii) of
paragraph (2), the member is not entitled to another dislocation
allowance as a member described in subparagraph (A) or (E) of such
paragraph in connection with the same move.
``(b) Secondary Allowance Authorized Under Certain
Circumstances.--(1) Under regulations prescribed by the Secretary
concerned, whenever a member is entitled to a primary dislocation
allowance under subsection (a) as a member described in paragraph (2)(C)
or (2)(D)(ii) of such subsection, the member is also entitled to a
secondary dislocation allowance at the rate determined under subsection
(c) for the member's pay grade and dependency status if, subsequent to
the member or the member's dependents actually moving from their place
of residence under circumstances described in section 406a of this
title, the member or member's dependents complete that move to a new
location and then actually move from that new location to another
location also under circumstances described in section 406a of this
title.
``(2) If a secondary dislocation allowance is paid under this
subsection, the member is not entitled to a dislocation allowance as a
member described in paragraph (2)(A) or (2)(E) of subsection (a) in
connection with those moves.
``(c) Dislocation Allowance Rates.--(1) The amount of the dislocation
allowance to be paid under this section to a member shall be based on
the member's pay grade and dependency status at the time the member
becomes entitled to the allowance.
``(2) The initial rate for the dislocation allowance, for each pay
grade and dependency status, shall be equal to the rate in effect for
that pay grade and dependency status on December 31, 1997, as adjusted
by the average percentage increase in the rates of basic pay for
calendar year 1998. Effective on the same date that the monthly rates of
basic pay for members are increased for a subsequent calendar year, the
Secretary of Defense shall adjust the rates for the dislocation
allowance for that calendar year by the percentage equal to the average
percentage increase in the rates of basic pay for that calendar year.
``(d) Fiscal Year Limitation; Exceptions.--(1) A member is not
entitled to more than one dislocation allowance under this section
during a fiscal year unless--
``(A) the Secretary concerned finds that the exigencies of the
service require the member to make more than one change of permanent
station during the fiscal year;
``(B) the member is ordered to a service school as a change of
permanent station;
``(C) the member's dependents are covered by section 405a(a),
406(e), 406(h), or 554 of this title; or
``(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or subsection
(b) apply with respect to the member or the member's dependents.
``(2) This subsection does not apply in time of national emergency or
in time of war.
``(e) First or Last Duty.--A member is not entitled to payment of a
dislocation allowance under this section when the member is ordered from
the member's home to the member's first duty station or from the
member's last duty station to the member's home.
``(f) Rule of Construction.--For purposes of this section, a member
whose dependents may not make an authorized move in connection with a
change of permanent station is considered a member without dependents.
``(g) Advance Payment.--A dislocation allowance payable under this
section may be paid in advance.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on January 1, 1998.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 641. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION IN
SURVIVOR BENEFIT PLAN.
(a) Election To Discontinue Within One Year After Second Anniversary
of Commencement of Payment of Retired Pay.--(1) Subchapter II of chapter
73 of title 10, United States Code, is amended by inserting after
section 1448 the following new section:
``1448a. Election to discontinue participation: one-year
opportunity after second anniversary of commencement of payment of
retired pay
``(a) Authority.--A participant in the Plan may, subject to the
provisions of this section, elect to discontinue participation in the
Plan at any time during the one-year period beginning on the second
anniversary of the date on which payment of retired pay to the
participant commences.
``(b) Concurrence of Spouse.--
``(1) Concurrence required.--A married participant may not (except
as provided in paragraph (2)) make an election under subsection (a)
without the concurrence of the participant's spouse.
``(2) Exceptions.--A participant may make such an election without
the concurrence of the participant's spouse by establishing to the
satisfaction of the Secretary concerned that one of the conditions
specified in section 1448(a)(3)(C) of this title exists.
``(3) Form of concurrence.--The concurrence of a spouse under
paragraph (1) shall be made in such written form and shall contain such
information as may be required under regulations prescribed by the
Secretary of Defense.
``(c) Limitation on Election When Former Spouse Coverage in
Effect.--The limitation set forth in section 1450(f)(2) of this title
applies to an election to discontinue participation in the Plan under
subsection (a).
``(d) Withdrawal of Election To Discontinue.--Section 1448(b)(1)(D)
of this title applies to an election under subsection (a).
``(e) Consequences of Discontinuation.--Section 1448(b)(1)(E) of this
title applies to an election under subsection (a).
``(f) Notice to Affected Beneficiaries.--The Secretary concerned
shall notify any former spouse or other natural person previously
designated under section 1448(b) of this title of an election to
discontinue participation under subsection (a).
``(g) Effective Date of Election.--An election under subsection (a)
is effective as of the first day of the first calendar month following
the month in which the election is received by the Secretary concerned.
``(h) Inapplicability of Irrevocability Provisions.--Paragraphs
(4)(B) and (5)(C) of section 1448(a) of this title do not apply to
prevent an election under subsection (a).''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 1448 the
following new item:
``1448a. Election to discontinue participation: one-year
opportunity after second anniversary of commencement of payment of
retired pay.''.
(b) Transition Provision for Current Participants.--Notwithstanding
the limitation on the time for making an election under section 1448a of
title 10, United States Code (as added by subsection (a)), that is
specified in subsection (a) of such section, a participant in the
Survivor Benefit Plan under subchapter II of chapter 73 of such title
may make an election in accordance with that section within one year
after the effective date of that section under subsection (c) if the
second anniversary of the commencement of payment of retired pay to the
participant precedes that effective date.
(c) Effective Date.--Section 1448a of title 10, United States Code,
as added by subsection (a), shall take effect 180 days after the date of
the enactment of this Act.
SEC. 642. TIME IN WHICH CHANGE IN SURVIVOR BENEFIT COVERAGE
FROM FORMER SPOUSE TO SPOUSE MAY BE MADE.
(a) Extension of Time for Change.--Section 1450(f)(1)(C) of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``Notwithstanding the preceding sentence, a change of election
under this subsection to provide an annuity to a spouse instead of a
former spouse may (subject to paragraph (2)) be made at any time after
the person providing the annuity remarries without regard to the time
limitation in section 1448(a)(5)(B) of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to marriages occurring before, on, or after the date of the
enactment of this Act.
SEC. 643. REVIEW OF FEDERAL FORMER SPOUSE PROTECTION LAWS.
(a) Review Required.--The Secretary of Defense shall carry out a
comprehensive review (including a comparison) of--
(1) the protections, benefits, and treatment afforded under Federal
law to members and former members of the uniformed services and former
spouses of such persons; and
(2) the protections, benefits, and treatment afforded under Federal
law to employees and former employees of the Government and former
spouses of such persons.
(b) Military Personnel Matters To Be Reviewed.--In the case of
members and former members of the uniformed services and former spouses
of such persons, the review under subsection (a) shall include the
following:
(1) All provisions of law (principally those originally enacted in
the Uniformed Services Former Spouses' Protection Act (title X of Public
Law 97 252)) that--
(A) establish, provide for the enforcement of, or otherwise protect
interests of members and former members of the uniformed services and
former spouses of such persons in retired or retainer pay of members and
former members; or
(B) provide other benefits for members and former members of the
uniformed services and former spouses of such persons.
(2) The experience of the uniformed services in administering those
provisions of law, including the adequacy and effectiveness of the legal
assistance provided by the Department of Defense in matters related to
the Uniformed Services Former Spouses' Protection Act.
(3) The experience of members and former members of the uniformed
services and former spouses of such persons in the administration of
those provisions of law.
(4) The experience of members and former members of the uniformed
services and former spouses of such persons in the application of those
provisions of law by State courts.
(5) The history of State statutes and State court interpretations of
the Uniformed Services Former Spouses' Protection Act and other
provisions of Federal law described in paragraph (1)(A) and the extent
to which those interpretations follow those laws.
(c) Civilian Personnel Matters To Be Reviewed.--In the case of former
spouses of employees and former employees of the Government, the review
under subsection (a) shall include the following:
(1) All provisions of law that--
(A) establish, provide for the enforcement of, or otherwise protect
interests of employees and former employees of the Government and former
spouses of such persons in annuities of employees and former employees
under Federal employees' retirement systems; or
(B) provide other benefits for employees and former employees of the
Government and former spouses of such persons.
(2) The experience of the Office of Personnel Management and other
agencies of the Government in administering those provisions of law.
(3) The experience of employees and former employees of the
Government and former spouses of such persons in the administration of
those provisions of law.
(4) The experience of employees and former employees of the
Government and former spouses of such persons in the application of
those provisions of law by State courts.
(d) Sampling Authorized.--The Secretary may use sampling in carrying
out the review under this section.
(e) Report.--Not later than September 30, 1999, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the results of the review under subsection (a). The report shall
include any recommendations for legislation that the Secretary considers
appropriate.
SEC. 644. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) Survivor Annuity.--(1) The Secretary concerned shall pay an
annuity to the qualified surviving spouse of each member of the
uniformed services who--
(A) died before March 21, 1974, and was entitled to retired or
retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed Forces during
the period beginning on September 21, 1972, and ending on October 1,
1978, and at the time of his death would have been entitled to retired
pay under chapter 67 of title 10, United States Code (as in effect
before December 1, 1994), but for the fact that he was under 60 years of
age.
(2) A qualified surviving spouse for purposes of this section is a
surviving spouse who has not remarried and who is not eligible for an
annuity under section 4 of Public Law 92 425 (10 U.S.C. 1448 note).
(b) Amount of Annuity.--(1) An annuity under this section shall be
paid at the rate of $165 per month, as adjusted from time to time under
paragraph (3).
(2) An annuity paid to a surviving spouse under this section shall be
reduced by the amount of any dependency and indemnity compensation (DIC)
to which the surviving spouse is entitled under section 1311(a) of title
38, United States Code.
(3) Whenever after the date of the enactment of this Act retired or
retainer pay is increased under section 1401a(b)(2) of title 10, United
States Code, each annuity that is payable under this section shall be
increased at the same time and by the same total percent. The amount of
the increase shall be based on the amount of the monthly annuity payable
before any reduction under this section.
(c) Application Required.--No benefit shall be paid to any person
under this section unless an application for such benefit is filed with
the Secretary concerned by or on behalf of such person.
(d) Definitions.--For purposes of this section:
(1) The terms ``uniformed services'' and ``Secretary concerned''
have the meanings given such terms in section 101 of title 37, United
States Code.
(2) The term ``surviving spouse'' has the meaning given the terms
``widow'' and ``widower'' in paragraphs (3) and (4) of section 1447 of
title 10, United States Code.
(e) Prospective Applicability.--(1) Annuities under this section
shall be paid for months beginning after the month in which this Act is
enacted.
(2) No benefit shall accrue to any person by reason of the enactment
of this section for any period before the first month that begins after
the month in which this Act is enacted.
(f) Expiration of Authority.--The authority to pay annuities under
this section shall expire on September 30, 2001.
SEC. 645. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM
INCOME WIDOWS.
(a) Payments To Be Made by Secretary of Veterans Affairs.--Section
653(d) of the National Defense Authorization Act, Fiscal Year 1989 (10
U.S.C. 1448 note) is amended--
(1) by inserting ``(1)'' before ``An annuity'' the first place it
appears; and
(2) by adding at the end the following new paragraph:
``(2) Payment of annuities under this section shall be made by the
Secretary of Veterans Affairs. In making such payments, the Secretary
shall combine the payment under this section with the payment of any
amount due the same person under section 4 of Public Law 92 425 (10
U.S.C. 1448 note), as provided in subsection (e)(1) of that section. The
Secretary
concerned shall transfer amounts for payments under this
section to the Secretary of Veterans Affairs in the same manner as is
provided under subsection (e)(2) of section 4 of Public Law 92 425 for
payments under that section.''.
(b) Combination With Other Benefits.--Section 4(e)(1) of Public Law
92 425 (10 U.S.C. 1448 note) is amended--
(1) by inserting after the first sentence the following new
sentence: ``In making such payments, the Secretary shall combine with
the payment under this section payment of any amount due the same person
under section 653(d) of the National Defense Authorization Act, Fiscal
Year 1989 (10 U.S.C. 1448 note).''; and
(2) by inserting ``(and, if applicable, under section 653(d) of the
National Defense Authorization Act, Fiscal Year 1989)'' after ``under
this section''.
(c) Effective Date.--The amendments made by this section take effect
on the first day of the first month beginning after the date of the
enactment of this Act and shall apply with respect to payments of
benefits for months beginning on or after that date, except that the
Secretary of Veterans Affairs may provide, if necessary for
administrative implementation, that such amendments shall apply
beginning with a later month, not later than the first month beginning
more than 180 days after the date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 651. LOAN REPAYMENT PROGRAM FOR COMMISSIONED OFFICERS IN
CERTAIN HEALTH PROFESSIONS.
(a) Chapter 109 of title 10, United States Code, is amended by adding
at the end the following new section:
``2173. Education loan repayment program: commissioned
officers in specified health professions
``(a) Authority To Repay Education Loans.--For the purpose of
maintaining adequate numbers of commissioned officers of the armed
forces on active duty who are qualified in the various health
professions, the Secretary of a military department may repay, in the
case of a person described in subsection (b), a loan that--
``(1) was used by the person to finance education regarding a health
profession; and
``(2) was obtained from a governmental entity, private financial
institution, school, or other authorized entity.
``(b) Eligible Persons.--To be eligible to obtain a loan repayment
under this section, a person must--
``(1) satisfy one of the requirements specified in subsection (c);
``(2) be fully qualified for, or hold, an appointment as a
commissioned officer in one of the health professions; and
``(3) sign a written agreement to serve on active duty, or, if on
active duty, to remain on active duty for a period in addition to any
other incurred active duty obligation.
``(c) Academic and Professional Requirements.--One of the following
academic requirements must be satisfied for purposes of determining the
eligibility of a person for a loan repayment under this section:
``(1) The person is fully qualified in a health care profession that
the Secretary of the military department concerned has determined to be
necessary to meet identified skill shortages.
``(2) The person is enrolled as a full-time student in the final
year of a course of study at an accredited educational institution
leading to a degree in a health profession other than medicine or
osteopathic medicine.
``(3) The person is enrolled in the final year of an approved
graduate program leading to specialty qualification in medicine,
dentistry, osteopathic medicine, or other health profession.
``(d) Certain Persons Ineligible.--Participants of the Armed Forces
Health Professions Scholarship and Financial Assistance program under
subchapter I of chapter 105 of this title and students of the Uniformed
Services University of the Health Sciences established under section
2112 of this title are not eligible for the repayment of an education
loan under this section.
``(e) Loan Repayments.--(1) Subject to the limits established by
paragraph (2), a loan repayment under this section may consist of
payment of the principal, interest, and related expenses of a loan
obtained by a person described in subsection (b) for--
``(A) all educational expenses, comparable to all educational
expenses recognized under section 2127(a) of this title for participants
in the Armed Forces Health Professions Scholarship and Financial
Assistance program; and
``(B) reasonable living expenses, not to exceed expenses comparable
to the stipend paid under section 2121(d) of this title for participants
in the Armed Forces Health Professions Scholarship and Financial
Assistance program.
``(2) For each year of obligated service that a person agrees to
serve in an agreement described in subsection (b)(3), the Secretary of
the military department concerned may pay not more than $22,000 on
behalf of the person. This maximum amount shall be increased annually by
the Secretary of Defense effective October 1 of each year by the
percentage equal to the percent increase in the average annual cost of
educational expenses and stipend costs of a single scholarship under the
Armed Forces Health Professions Scholarship and Financial Assistance
program. The total amount that may be repaid on behalf of any person may
not exceed an amount determined on the basis of a four-year active duty
service obligation.
``(f) Active Duty Service Obligation.--(1) A person entering into an
agreement described in subsection (b)(3) incurs an active duty service
obligation. The length of this obligation shall be determined under
regulations prescribed by the Secretary of Defense, but those
regulations may not provide for a period of obligation of less than one
year for each maximum annual amount, or portion thereof, paid on behalf
of the person for qualified loans.
``(2) For persons on active duty before entering into the agreement,
the active duty service obligation shall be served consecutively to any
other obligation incurred under the agreement.
``(g) Effect of Failure To Complete Obligation.--A commissioned
officer who is relieved of the officer's active duty obligation under
this section before the completion of that obligation may be given, with
or without the consent of the officer, any alternative obligation
comparable to any of the alternative obligations authorized by section
2123(e) of this title for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance program.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section, including standards for qualified
loans and authorized payees and other terms and conditions for the
making of loan repayments.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2173. Education loan repayment program: commissioned officers in
specified health professions.''.
SEC. 652. CONFORMANCE OF NOAA COMMISSIONED OFFICERS SEPARATION
PAY TO SEPARATION PAY FOR MEMBERS OF OTHER UNIFORMED SERVICES.
(a) Elimination of Limitations on Amount of Separation Pay.--Section
9 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948
(33 U.S.C. 853h) is amended--
(1) in subsection (b)(1), by striking out ``, or $30,000, whichever
is less'';
(2) in subsection (b)(2), by striking out ``, but in no event more
than $15,000''; and
(3) in subsection (d), by striking out ``(1)'', and by striking out
paragraph (2).
(b) Waiver of Recoupment of Amounts Withheld for Tax Purposes From
Certain Separation Pay.--Section 9(e)(2) of the Coast and Geodetic
Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853h(e)(2)) is
amended in the first sentence by inserting before the period at the end
the following: ``, less the amount of Federal income tax withheld from
such pay (such withholding being at the flat withholding rate for
Federal income tax withholding, as in effect pursuant to regulations
prescribed under chapter 24 of the Internal Revenue Code of 1986)''.
(c) Effective Date and Application.--The amendments made by this
section shall take effect as of October 1, 1997, and shall apply to
payments of separation pay that are made after September 30, 1997.
SEC. 653. ELIGIBILITY OF PUBLIC HEALTH SERVICE OFFICERS AND
NOAA COMMISSIONED CORPS OFFICERS FOR REIMBURSEMENT OF ADOPTION EXPENSES.
(a) Public Health Service.--Section 221(a) of the Public Health
Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the
following new paragraph:
``(16) Section 1052, Reimbursement for adoption expenses.''.
(b) National Oceanic and Atmospheric Administration.--Section 3(a) of
the Act of August 10, 1956 (33 U.S.C. 857a(a)), is amended by adding at
the end the following new paragraph:
``(16) Section 1052, Reimbursement for adoption expenses.''.
(c) Prospective Applicability.--The amendments made by this section
shall apply only to adoptions that are completed on or after the date of
the enactment of this Act.
SEC. 654. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOWANCES
TO WORLD WAR II VETERANS WHO SERVED AS GUERRILLA FIGHTERS IN THE
PHILIPPINES.
(a) In General.--The Secretary of the military department concerned
shall pay, upon request, to an individual described in subsection (b)
the amount determined with respect to that individual under subsection
(c).
(b) Covered Individuals.--A payment under subsection (a) shall be
made to any individual who as a member of the Armed Forces during World
War II--
(1) was captured within the territory of the Philippines by Japanese
forces;
(2) escaped from captivity; and
(3) served as a guerrilla fighter in the Philippines during the
period from January 1942 through February 1945.
(c) Amount To Be Paid.--The amount of a payment under subsection (a)
shall be the amount of quarters and subsistence allowance which accrued
to an individual described in subsection (b) during the period specified
in paragraph (3) of subsection (b) and which was not paid to that
individual. For the purposes of this subsection, the Secretary of War
shall be deemed to have determined that conditions in the Philippines
during the specified period justified payment under applicable
regulations of quarters and subsistence allowances at the maximum
special rate for duty where emergency conditions existed. The Secretary
shall apply interest compounded at the three-month Treasury bill rate.
(d) Payment to Survivors.--In the case of any individual described in
subsection (b) who is deceased, payment under this section with respect
to that individual shall be made to that individual's nearest surviving
relative, as determined by the Secretary concerned.
SEC. 655. SUBSISTENCE OF MEMBERS OF THE ARMED FORCES ABOVE THE
POVERTY LEVEL.
(a) Study and Report.--(1) The Secretary of Defense shall conduct a
study of members of the Armed Forces and their families who subsist at,
near, or below the poverty level. The study shall include the following:
(A) An analysis of potential solutions for ensuring that members of
the Armed Forces and their families do not have to subsist at, near, or
below the poverty level, including potential solutions involving changes
in the system of allowances for members.
(B) Identification of the military populations most likely to need
income support under Federal Government programs, including--
(i) the populations living in areas of the United States where
housing costs are notably high;
(ii) the populations living outside the United States; and
(iii) the number of persons in each identified population.
(C) The desirability of increasing rates of basic pay and allowances
for members over a defined period of years by a range of percentages
that provides for higher percentage increases for lower ranking members
than for higher ranking members.
(2) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
containing the results of the study and such recommendations as the
Secretary considers to be appropriate.
(b) Implementation of Department of Defense Special Supplemental Food
Program for Personnel Outside the United States.--(1) Subsection (b) of
section 1060a of title 10, United States Code, is amended to read as
follows:
``(b) Federal Payments and Commodities.--For the purpose of obtaining
Federal payments and commodities in order to carry out the program
referred to in subsection (a), the Secretary of Agriculture shall make
available to the Secretary of Defense the same payments and commodities
as are made for the special supplemental food program in the United
States under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786). The Secretary of Defense may use funds available for the
Department of Defense to carry out the program under subsection (a).''.
(2) Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
regarding the intentions of the Secretary regarding implementation of
the program authorized under section 1060a of title 10, United States
Code, including any plans to implement the program.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Expansion of retiree dental insurance plan to include
surviving spouse and child dependents of certain deceased members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Sec. 703. Study concerning the provision of comparative information.
SUBTITLE B--TRICARE PROGRAM
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
SUBTITLE C--UNIFORMED SERVICES TREATMENT FACILITIES
Sec. 721. Implementation of designated provider agreements for
Uniformed Services Treatment Facilities.
Sec. 722. Continued acquisition of reduced-cost drugs.
Sec. 723. Limitation on total payments.
SUBTITLE D--OTHER CHANGES TO EXISTING LAWS REGARDING HEALTH CARE
MANAGEMENT
Sec. 731. Improvements in health care coverage and access for
members assigned to certain duty locations far from sources of care.
Sec. 732. Waiver or reduction of copayments under overseas dental
program.
Sec. 733. Premium collection requirements for medical and dental
insurance programs; extension of deadline for implementation of dental
insurance program for military retirees.
Sec. 734. Dental insurance plan coverage for retirees of the
Public Health Service and NOAA.
Sec. 735. Consistency between CHAMPUS and Medicare in payment
rates for services.
Sec. 736. Use of personal services contracts for provision of
health care services and legal protection for providers.
Sec. 737. Portability of State licenses for Department of Defense
health care professionals.
Sec. 738. Standard form and requirements regarding claims for
payment for services.
Sec. 739. Chiropractic health care demonstration program.
SUBTITLE E--OTHER MATTERS
Sec. 741. Continued admission of civilians as students in
physician assistant training program of Army Medical Department.
Sec. 742. Payment for emergency health care overseas for military
and civilian personnel of the On-Site Inspection Agency.
Sec. 743. Authority for agreement for use of medical resource
facility, Alamogordo, New Mexico.
Sec. 744. Disclosures of cautionary information on prescription
medications.
Sec. 745. Competitive procurement of certain ophthalmic services.
Sec. 746. Comptroller General study of adequacy and effect of
maximum allowable charges for physicians under CHAMPUS.
Sec. 747. Comptroller General study of Department of Defense
pharmacy programs.
Sec. 748. Comptroller General study of Navy graduate medical
education program.
Sec. 749. Study of expansion of pharmaceuticals by mail program to
include additional Medicare-eligible covered beneficiaries.
Sec. 750. Comptroller General study of requirement for military
medical facilities in National Capital Region.
Sec. 751. Report on policies and programs to promote healthy
lifestyles for members of the Armed Forces and their dependents.
Sec. 752. Sense of Congress regarding quality health care for retirees.
SUBTITLE F--PERSIAN GULF ILLNESS
Sec. 761. Definitions.
Sec. 762. Plan for health care services for Persian Gulf veterans.
Sec. 763. Comptroller General study of revised disability criteria
for physical evaluation boards.
Sec. 764. Medical care for certain reserves who served in
Southwest Asia during the Persian Gulf War.
Sec. 765. Improved medical tracking system for members deployed
overseas in contingency or combat operations.
Sec. 766. Notice of use of investigational new drugs or drugs
unapproved for their applied use.
Sec. 767. Report on plans to track location of members in a
theater of operations.
Sec. 768. Sense of Congress regarding the deployment of
specialized units for detecting and monitoring chemical, biological, and
similar hazards in a theater of operations.
Sec. 769. Report on effectiveness of research efforts regarding
Gulf War illnesses.
Sec. 770. Persian Gulf illness clinical trials program.
Sec. 771. Sense of Congress concerning Gulf War illness.
Subtitle A--Health Care Services
SEC. 701. EXPANSION OF RETIREE DENTAL INSURANCE PLAN TO
INCLUDE SURVIVING SPOUSE AND CHILD DEPENDENTS OF CERTAIN DECEASED
MEMBERS.
Section 1076c(b)(4) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``dies'' and inserting in lieu thereof ``died'';
and
(B) by striking out ``or'' at the end of the subparagraph;
(2) by striking out the period at the end of subparagraph (B) and
inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) who died while on active duty for a period of more than 30
days and whose eligible dependents are not eligible, or no longer
eligible, for dental benefits under section 1076a of this title pursuant
to subsection (i)(2) of such section.''.
SEC. 702. PROVISION OF PROSTHETIC DEVICES TO COVERED BENEFICIARIES.
(a) Inclusion Among Authorized Care.--Subsection (a) of section 1077
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(15) Prosthetic devices, as determined by the Secretary of Defense
to be necessary because of significant conditions resulting from trauma,
congenital anomalies, or disease.''.
(b) Conforming Amendment.--Subsection (b) of such section is amended
by striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) Hearing aids, orthopedic footwear, and spectacles, except
that, outside of the United States and at stations inside the United
States where adequate civilian facilities are unavailable, such items
may be sold to dependents at cost to the United States.''.
SEC. 703. STUDY CONCERNING THE PROVISION OF COMPARATIVE INFORMATION.
(a) Study.--The Secretary of Defense shall conduct a study concerning
the provision of the information described in subsection (b) to
beneficiaries under the TRICARE program established under the authority
of chapter 55 of title 10, United States Code, and prepare and submit to
Congress a report concerning such study.
(b) Provision of Comparative Information.--Information described in
this subsection, with respect to a managed care entity that contracts
with the Secretary of Defense to provide medical assistance under the
program described in subsection (a), shall include the following:
(1) The benefits covered by the entity involved, including--
(A) covered items and services beyond those provided under a
traditional fee-for-service program;
(B) any beneficiary cost sharing; and
(C) any maximum limitations on out-of-pocket expenses.
(2) The net monthly premium, if any, under the entity.
(3) The service area of the entity.
(4) To the extent available, quality and performance indicators for
the benefits under the entity (and how they compare to such indicators
under the traditional fee-for-service programs in the area involved),
including--
(A) disenrollment rates for enrollees electing to receive benefits
through the entity for the previous two years (excluding disenrollment
due to death or moving outside the service area of the entity);
(B) information on enrollee satisfaction;
(C) information on health process and outcomes;
(D) grievance procedures;
(E) the extent to which an enrollee may select the health care
provider of their choice, including health care providers within the
network of the entity and out-of-network health care providers (if the
entity covers out-of-network items and services); and
(F) an indication of enrollee exposure to balance billing and the
restrictions on coverage of items and services provided to such enrollee
by an out-of-network health care provider.
(5) Whether the entity offers optional supplemental benefits and the
terms and conditions (including premiums) for such coverage.
(6) An overall summary description as to the method of compensation
of participating physicians.
Subtitle B--Tricare Program
SEC. 711. ADDITION OF DEFINITION OF TRICARE PROGRAM TO TITLE 10.
Section 1072 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(7) The term `TRICARE program' means the managed health care
program that is established by the Department of Defense under the
authority of this chapter, principally section 1097 of this title, and
includes the competitive selection of contractors to financially
underwrite the delivery of health care services under the Civilian
Health and Medical Program of the Uniformed Services.''.
SEC. 712. PLAN FOR EXPANSION OF MANAGED CARE OPTION OF TRICARE PROGRAM.
(a) Plan for Expansion of TRICARE Prime.--The Secretary of Defense
shall prepare a plan for the expansion of the managed care option of the
TRICARE Program, known as TRICARE Prime, into areas of the United States
located outside of the catchment areas of medical treatment facilities
of the uniformed services, but in which the managed care option is a
cost-effective alternative because of--
(1) the significant number of members of the uniformed services and
covered beneficiaries under chapter 55 of title 10, United States Code
(including retired members of the Armed Forces and their dependents),
who reside in the areas; and
(2) the presence in the areas of sufficient nonmilitary health care
provider networks.
(b) Alternatives.--As an alternative to expansion of TRICARE Prime to
areas of the United States in which there are few or no nonmilitary
health care provider networks, the Secretary shall include in the plan
required under subsection (a) an evaluation of the feasibility and
cost-effectiveness of providing a member of the Armed Forces on active
duty who is stationed in such an area, or whose dependents reside in
such an area, with one or both of the following:
(1) A monetary stipend to assist the member in obtaining health care
services for the member or the member's dependents.
(2) A reduction in the cost-sharing requirements applicable to the
TRICARE program options otherwise available to the member to match the
reduced cost-sharing responsibilities of the managed care option of the
TRICARE program.
(c) Submission of Plan.--Not later than March 1, 1998, the Secretary
shall submit to Congress the plan required under subsection (a).
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. IMPLEMENTATION OF DESIGNATED PROVIDER AGREEMENTS FOR
UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Commencement of Health Care Services Under Agreement.--Subsection
(c) of section 722 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201, 10 U.S.C. 1073 note) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B);
(2) by inserting ``(1)'' before ``Unless''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may modify the effective date established under
paragraph (1) for an agreement to permit a transition period of not more
than six months between the date on which the agreement is executed by
the parties and the date on which the designated provider commences the
delivery of health care services under the agreement.''.
(b) Temporary Continuation of Existing Participation
Agreements.--Subsection (d) of such section is amended by inserting
before the period at the end the following: ``, including any
transitional period provided by the Secretary under paragraph (2) of
such subsection''.
SEC. 722. CONTINUED ACQUISITION OF REDUCED-COST DRUGS.
Section 722 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201; 10 U.S.C. 1073 note) is amended by adding at
the end the following new subsection:
``(g) Continued Acquisition of Reduced-Cost Drugs.--A designated
provider shall be treated as part of the Department of Defense for
purposes of section 8126 of title 38, United States Code, in connection
with the provision by the designated provider of health care services to
covered beneficiaries pursuant to the participation agreement of the
designated provider under section 718(c) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101 510; 42 U.S.C.
248c note) or pursuant to the agreement entered into under subsection
(b).''.
SEC. 723. LIMITATION ON TOTAL PAYMENTS.
Section 726(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 10 U.S.C. 1073 note) is amended by adding
at the end the following new sentence: ``In establishing the ceiling
rate for enrollees with the designated providers who are also eligible
for the Civilian Health and Medical Program of the Uniformed Services,
the Secretary of Defense shall take into account the health status of
the enrollees.''.
Subtitle D--Other Changes to Existing Laws Regarding Health
Care Management
SEC. 731. IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR
MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE.
(a) Supplemental Care Program.--(1) Section 1074(c) of title 10,
United States Code, is amended--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new paragraphs:
``(2)(A) Subject to such exceptions as the Secretary of Defense
considers necessary, coverage for medical care for members of the armed
forces under this subsection, and standards with respect to timely
access to such care, shall be comparable to coverage for medical care
and standards for timely access to such care under the managed care
option of the TRICARE program known as TRICARE Prime.
``(B) The Secretary of Defense shall enter into arrangements with
contractors under the TRICARE program or with other appropriate
contractors for the timely and efficient processing of claims under this
subsection.
``(3)(A) The Secretary of Defense may not require a member of the
armed forces described in subparagraph (B) to receive routine primary
medical care at a military medical treatment facility.
``(B) A member referred to in subparagraph (A) is a member of the
armed forces on active duty who is entitled to medical care under this
subsection and who--
``(i) receives a duty assignment described in subparagraph (C); and
``(ii) pursuant to the assignment of such duty, resides at a
location that is more than 50 miles, or approximately one hour of
driving time, from the nearest military medical treatment facility
adequate to provide the needed care.
``(C) A duty assignment referred to in subparagraph (B) means any of
the following:
``(i) Permanent duty as a recruiter.
``(ii) Permanent duty at an educational institution to instruct,
administer a program of instruction, or provide administrative services
in support of a program of instruction for the Reserve Officers'
Training Corps.
``(iii) Permanent duty as a full-time adviser to a unit of a reserve
component.
``(iv) Any other permanent duty designated by the Secretary
concerned for purposes of this paragraph.''.
(2) The amendments made by paragraph (1) shall apply with respect to
coverage of medical care for, and the provision of such care to, a
member of the Armed Forces under section 1074(c) of title 10, United
States Code, on and after the later of the following:
(A) April 1, 1998.
(B) The date on which the TRICARE program is in place in the service
area of the member.
(b) Temporary Authority for Managed Care Expansion to Members on
Active Duty at Certain Remote Locations.--(1) A member of the Armed
Forces described in subsection (c) is entitled to receive care under the
Civilian Health and Medical Program of the Uniformed Services. In
connection with such care, the Secretary of Defense shall waive the
obligation of the member to pay a deductible, copayment, or annual fee
that would otherwise be applicable under that program for care provided
to the members under the program.
(2) A member who is entitled under paragraph (1) to receive health
care services under CHAMPUS shall receive such care from a network
provider under the TRICARE program if such a provider is available in
the service area of the member.
(3) Paragraph (1) shall take effect on the date of the enactment of
this Act and shall expire with respect to a member upon the later of the
following:
(A) The date that is one year after the date of the enactment of
this Act.
(B) The date on which the amendments made by subsection (a) apply
with respect to the coverage of medical care for, and provision of such
care to, the member.
(c) Eligible Members.--A member referred to in subsection (b) is a
member of the Armed Forces on active duty who--
(1) receives a duty assignment described in subsection (d); and
(2) pursuant to the assignment of such duty, resides at a location
that is more than 50 miles, or approximately one hour of driving time,
from--
(A) the nearest health care facility of the uniformed services
adequate to provide the needed care under chapter 55 of title 10, United
States Code; and
(B) the nearest source of the needed care that is available to the
member under the TRICARE Prime plan.
(d) Duty Assignments Covered.--A duty assignment referred to in
subsection (c)(1) means any of the following:
(1) Permanent duty as a recruiter.
(2) Permanent duty at an educational institution to instruct,
administer a program of instruction, or provide administrative services
in support of a program of instruction for the Reserve Officers'
Training Corps.
(3) Permanent duty as a full-time adviser to a unit of a reserve
component of the Armed Forces.
(4) Any other permanent duty designated by the Secretary concerned
for purposes of this subsection.
(e) Payment of Costs.--Deductibles, copayments, and annual fees not
payable by a member by reason of a waiver granted under the regulations
prescribed pursuant to subsection (b) shall be paid out of funds
available to the Department of Defense for the Defense Health Program.
(f) Definitions.--In this section:
(1) The term ``TRICARE program'' has the meaning given that term in
section 1072(7) of title 10, United States Code.
(2) The term ``TRICARE Prime plan'' means a plan under the TRICARE
program that provides for the voluntary enrollment of persons for the
receipt of health care services to be furnished in a manner similar to
the manner in which health care services are furnished by health
maintenance organizations.
SEC. 732. WAIVER OR REDUCTION OF COPAYMENTS UNDER OVERSEAS
DENTAL PROGRAM.
Section 1076a(h) of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``Secretary'' and
inserting in lieu thereof ``Secretary of Defense''; and
(2) by adding at the end the following new sentence: ``In the case
of such an overseas dental plan, the Secretary may waive or reduce the
copayments otherwise required by subsection (e) to the extent the
Secretary determines appropriate for the effective and efficient
operation of the plan.''.
SEC. 733. PREMIUM COLLECTION REQUIREMENTS FOR MEDICAL AND
DENTAL INSURANCE PROGRAMS; EXTENSION OF DEADLINE FOR IMPLEMENTATION OF
DENTAL INSURANCE PROGRAM FOR MILITARY RETIREES.
(a) Premium Collection for Selected Reserve Dental
Insurance.--Paragraph (3) of section 1076b(b) of title 10, United States
Code, is amended to read as follows:
``(3) The Secretary of Defense shall establish procedures for the
collection of the member's share of the premium for coverage by the
dental insurance plan. To the maximum extent practicable, a member's
share shall be deducted and withheld from the basic pay payable to the
member for inactive duty training or basic pay payable to the member for
active duty (if pay is available to the member). Such share shall be
used to pay the premium for coverage by the dental insurance plan.''.
(b) Premium Collection for Retiree Dental Insurance Plan.--Paragraph
(2) of section 1076c(c) of such title is amended to read as follows:
``(2) The Secretary of Defense shall establish procedures for the
collection of the premiums charged for coverage by the dental insurance
plan. To the maximum extent practicable, the premiums payable by a
member entitled to retired pay shall be deducted and withheld from the
retired pay of the member (if pay is available to the member).''.
(c) Report to Congress.--Not later than March 1, 1998, the Secretary
of Defense shall submit to Congress a report on the premium collection
procedures established pursuant to paragraph (3) of section 1076b(b) of
title 10, United States Code, and paragraph (2) of section 1076c(c) of
such title. The report shall describe the extent to which premium
collections are made under such paragraphs through deductions and
withholding from pay.
(d) Limitation on Implementation of Alternative Collection
Procedures.--The Secretary of Defense may not implement procedures for
collecting premiums under section 1076b(b)(3) of title 10, United States
Code, or section 1076c(c)(2) of such title other than by deductions and
withholding from pay until 120 days after the date that the Secretary
submits a report to Congress describing the justifications for
implementing such alternative procedures.
(e) Extension of Deadline for Implementation of Dental Insurance Plan
for Military Retirees.--Section 703(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2590) is amended by striking ``October 1, 1997'' and inserting ``April
1, 1998''.
SEC. 734. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF THE
PUBLIC HEALTH SERVICE AND NOAA.
(a) Eligibility.--(1) Subsection (a) of section 1076c of title 10,
United States Code, is amended by striking out ``military retirees'' and
inserting in lieu thereof ``retirees of the uniformed services''.
(2) Subsection (b)(1) of such section is amended by striking out
``Armed Forces'' and inserting in lieu thereof ``uniformed services''.
(b) Officials Responsible.--(1) Subsection (a) of such section (as
amended by subsection (a)) is further amended by inserting ``, in
consultation with the other administering Secretaries,'' after
``Secretary of Defense''.
(2) Subsection (h) of such section is amended by striking out
``Secretary of Transportation'' and inserting in lieu thereof ``other
administering Secretaries''.
SEC. 735. CONSISTENCY BETWEEN CHAMPUS AND MEDICARE IN PAYMENT
RATES FOR SERVICES.
(a) Conformity Between Rates.--Section 1079(h) of title 10, United
States Code, is amended by striking out paragraphs (1), (2), and (3) and
inserting in lieu thereof the following new paragraph:
``(1) Except as provided in paragraphs (2) and (3), payment for a
charge for services by an individual health care professional (or other
noninstitutional health care provider) for which a claim is submitted
under a plan contracted for under subsection (a) shall be equal to an
amount determined to be appropriate, to the extent practicable, in
accordance with the same reimbursement rules as apply to payments for
similar services under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.). The Secretary of Defense shall determine the appropriate
payment amount under this paragraph in consultation with the other
administering Secretaries.''.
(b) Reduced Rates Authorized.--Paragraph (5) of such section is
amended by adding at the end the following new sentence: ``With the
consent of the health care provider, the Secretary is also authorized to
reduce the authorized payment for certain health care services below the
amount otherwise required by the payment limitations under paragraph
(1).''.
(c) Conforming Amendments.--Such section is further amended--
(1) in paragraph (5), by striking out ``paragraph (4), the
Secretary'' and inserting in lieu thereof ``paragraph (2), the Secretary
of Defense''; and
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (2),
(3), and (4), respectively.
SEC. 736. USE OF PERSONAL SERVICES CONTRACTS FOR PROVISION OF
HEALTH CARE SERVICES AND LEGAL PROTECTION FOR PROVIDERS.
(a) Use of Contracts Outside Medical Treatment Facilities.--Section
1091(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, may also enter into personal services contracts to carry out
other health care responsibilities of the Secretary (such as the
provision of medical screening examinations at Military Entrance
Processing Stations) at locations outside medical treatment facilities,
as determined necessary pursuant to regulations prescribed by the
Secretary. The Secretary may not enter into a contract under this
paragraph after the end of the one-year period beginning on the date of
the enactment of this paragraph.''.
(b) Defense of Suits.--Section 1089 of such title is amended--
(1) in subsection (a), by adding at the end the following new
sentence: ``This subsection shall also apply if the physician, dentist,
nurse, pharmacist, or paramedical or other supporting personnel (or the
estate of such person) involved is serving under a personal services
contract entered into under section 1091 of this title.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by adding at the end the following new paragraph:
``(2) With respect to the Secretary of Defense and the Armed Forces
Retirement Home Board, the authority provided by paragraph (1) also
includes the authority to provide for reasonable attorney's fees for
persons described in subsection (a), as determined necessary pursuant to
regulations prescribed by the head of the agency concerned.''.
(c) Report.--Not later than March 31, 1998, the Secretary of Defense
shall submit to Congress a report on the feasible alternative means for
performing the medical screening examinations that are routinely
performed at Military Entrance Processing Stations. The report shall
contain a discussion of the feasibility and cost of the use of--
(1) the TRICARE system for the performance of the examinations; and
(2) each other alternative identified in the report.
SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF
DEFENSE HEALTH CARE PROFESSIONALS.
Section 1094 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
``(d)(1) Notwithstanding any law regarding the licensure of health
care providers, a health-care professional described in paragraph (2)
may practice the health profession or professions of the health-care
professional in any State, the District of Columbia, or a Commonwealth,
territory, or possession of the United States, regardless of whether the
practice occurs in a health care facility of the Department of Defense,
a civilian facility affiliated with the Department of Defense, or any
other location authorized by the Secretary of Defense .
``(2) A health-care professional referred to in paragraph (1) is a
member of the armed forces who--
``(A) has a current license to practice medicine, osteopathic
medicine, dentistry, or another health profession; and
``(B) is performing authorized duties for the Department of
Defense.''.
SEC. 738. STANDARD FORM AND REQUIREMENTS REGARDING CLAIMS FOR
PAYMENT FOR SERVICES.
(a) Clarification of Existing Requirements.--Section 1106 of title
10, United States Code, is amended to read as follows:
``1106. Submittal of claims: standard form; time limits
``(a) Standard Form.--The Secretary of Defense, after consultation
with the other administering Secretaries, shall prescribe by regulation
a standard form for the submission of claims for the payment of health
care services provided under this chapter.
``(b) Time for Submission.--A claim for payment for services provided
under this chapter shall be submitted as provided in such regulations
not later than one year after the services are provided.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended by striking out
the item relating to section 1106 and inserting in lieu thereof the
following new item:
``1106. Submittal of claims: standard form; time limits.''.
SEC. 739. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM.
(a) Two-Year Extension.--Subsection (b) of section 731 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103
337; 10 U.S.C. 1092 note) is amended by striking out ``1997'' and
inserting in lieu thereof ``1999''.
(b) Expansion to at Least Three Additional Treatment
Facilities.--Subsection (a)(2)(A) of such section is amended by striking
out ``not less than 10'' and inserting in lieu thereof ``the National
Naval Medical Center, the Walter Reed Army Medical Center, and not less
than 11 other''.
(c) Reports.--Subsection (c) of such section is amended--
(1) by striking paragraph (3); and
(2) by adding at the end the following new paragraphs:
``(3) Not later than January 30, 1998, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
that identifies the additional treatment facilities designated to
furnish chiropractic care under the program that were not so designated
before the report required by paragraph (1) was prepared, together with
the plan for the conduct of the program at the additional treatment
facilities.
``(4) Not later than May 1, 1998, the Secretary of Defense shall
modify the plan for evaluating the program submitted pursuant to
paragraph (2) in order to provide for the evaluation of the program at
all of the designated treatment facilities under the program, including
the treatment facilities referred to in paragraph (3).
``(5) Not later than May 1, 2000, the Secretary shall submit to the
committees referred to in paragraph (3) a final report in accordance
with the plan submitted pursuant to paragraph (2).''.
Subtitle E--Other Matters
SEC. 741. CONTINUED ADMISSION OF CIVILIANS AS STUDENTS IN
PHYSICIAN ASSISTANT TRAINING PROGRAM OF ARMY MEDICAL DEPARTMENT.
(a) Civilian Attendance.--(1) Chapter 407 of title 10, United States
Code, is amended by adding at the end the following new section:
``4416. Academy of Health Sciences: admission of civilians in
physician assistant training program
``(a) In General.--The Secretary of the Army may, pursuant to an
agreement entered into with an accredited institution of higher
education--
``(1) permit students of the institution to attend the didactic
portion of the physician assistant training program conducted by the
Army Medical Department at the Academy of Health Sciences at Fort Sam
Houston, Texas; and
``(2) accept from the institution academic services to support the
physician assistant training program at the Academy.
``(b) Agreement for Exchange of Services.--An agreement entered into
with an institution of higher education under this section shall require
the institution, in exchange for services provided under paragraph (1)
of subsection (a), to provide academic services described in paragraph
(2) of such subsection that the Secretary and authorized representatives
of the institution consider appropriate.
``(c) Selection of Students.--In consultation with the authorized
representatives of the institution of higher education concerned, the
Secretary shall prescribe the qualifications and methods of selection
for students of the institution to receive instruction at the Academy
under this section. The qualifications shall be comparable to those
generally required for admission to the physician assistant training
program at the Academy.
``(d) Rules of Attendance.--Except as the Secretary determines
necessary, a student who receives instruction at the Academy under this
section shall be subject to the same regulations governing attendance,
discipline, discharge, and dismissal as apply to other persons attending
the Academy.
``(e) Limitations.--The Secretary shall ensure the following:
``(1) That the Army Medical Department, in carrying out an agreement
under this section, does not incur costs in excess of the costs that the
department would incur to obtain, by means other than the agreement,
academic services that are comparable to those provided by the
institution pursuant to the agreement.
``(2) That attendance of civilian students at the Academy under this
section does not cause a decrease in the number of members of the armed
forces enrolled in the physician assistant training program at the
Academy.
``(f) Annual Report.--(1) Each year, the Secretary shall submit to
Congress a report on the exchange of services under this section during
the year. The report shall contain the following:
``(A) The number of civilian students who receive instruction at the
Academy under this section.
``(B) An assessment of the benefits derived by the United States.
``(2) Reports are required under paragraph (1) only for years during
which an agreement is in effect under this section.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4416. Academy of Health Sciences: admission of civilians in
physician assistant training program.''.
(b) Effect on Existing Demonstration Program.--An agreement entered
into under the demonstration program for the admission of civilians as
physician assistant students at the Academy of Health Sciences, Fort Sam
Houston, Texas, established pursuant to section 732 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103 337; 108
Stat. 2810) shall be treated as an agreement entered into under section
4416 of title 10, United States Code (as added by subsection (a)). The
agreement may be extended in such manner and for such period as the
parties to the agreement consider appropriate consistent with section
4416.
SEC. 742. PAYMENT FOR EMERGENCY HEALTH CARE OVERSEAS FOR
MILITARY AND CIVILIAN PERSONNEL OF THE ON-SITE INSPECTION AGENCY.
(a) Payment of Costs.--The Secretary of Defense may pay the costs of
any emergency health care that--
(1) is needed by a member of the Armed Forces, civilian employee of
the Department of Defense, or civilian employee of a contractor
operating under a contract with the Department of Defense while the
member or employee is performing temporary or permanent duty with the
On-Site Inspection Agency outside the United States; and
(2) is furnished to such person during fiscal year 1998 by a source
outside the United States.
(b) Funding.--Funds authorized to be appropriated for the expenses of
the On-Site Inspection Agency for fiscal year 1998 by this Act shall be
available to cover payments for emergency health care provided under
subsection (a).
SEC. 743. AUTHORITY FOR AGREEMENT FOR USE OF MEDICAL RESOURCE
FACILITY, ALAMOGORDO, NEW MEXICO.
(a) Authority.--(1) The Secretary of the Air Force may enter into an
agreement with Gerald Champion Hospital, Alamogordo, New Mexico, under
which the Secretary may furnish health care services to eligible
individuals in a medical resource facility in Alamogordo, New Mexico,
that is constructed and equipped, in part, using funds provided by the
Secretary under the agreement.
(2) For purposes of this section:
(A) The term ``eligible individual'' means any individual eligible
for medical and dental care under chapter 55 of title 10, United States
Code, including any member of the uniformed services entitled to such
care under section 1074(a) of that title.
(B) The terms ``medical resource facility'' and ``facility'' mean
the medical resource facility to be constructed and equipped pursuant to
the agreement authorized by paragraph (1).
(C) The term ``Hospital'' means Gerald Champion Hospital,
Alamogordo, New Mexico.
(b) Content of Agreement.--Any agreement entered into under
subsection (a) shall specify, at a minimum, the following:
(1) The relationship between the Hospital and the Secretary of the
Air Force in the provision of health care services to eligible
individuals in the medical resource facility, including--
(A) whether or not the Secretary and the Hospital are to use and
administer the facility jointly or independently; and
(B) under what circumstances the Hospital is to act as a provider of
health care services under the managed care option of the TRICARE
program known as TRICARE Prime.
(2) Matters relating to the administration of the agreement,
including--
(A) the duration of the agreement;
(B) the rights and obligations of the Secretary and the Hospital
under the agreement, including any contracting or grievance procedures
applicable under the agreement;
(C) the types of care to be provided to eligible individuals under
the agreement, including the cost to the Department of the Air Force of
providing the care to eligible individuals during the term of the
agreement;
(D) the access of Air Force medical personnel to the facility under
the agreement;
(E) the rights and responsibilities of the Secretary and the
Hospital upon termination of the agreement; and
(F) any other matters jointly identified by the Secretary and the
Hospital.
(3) The nature of the arrangement between the Secretary and the
Hospital with respect to the ownership of the facility and any property
under the agreement, including--
(A) the nature of that arrangement while the agreement is in force;
(B) the nature of that arrangement upon termination of the
agreement; and
(C) any requirement for reimbursement of the Secretary by the
Hospital as a result of the arrangement upon termination of the
agreement.
(4) The amount of the funds made available under subsection (c) that
the Secretary will contribute for the construction and equipping of the
facility.
(5) Any conditions or restrictions relating to the construction,
equipping, or use of the facility.
(c) Availability of Funds for Construction and Equipping of
Facility.--(1) Of the amount authorized to be appropriated pursuant to
section 301(4) for operation and maintenance for the Air Force, not more
than $7,000,000 may be used by the Secretary of the Air Force to make a
contribution toward the construction and equipping of the medical
resource facility in the event that the Secretary enters into the
agreement authorized by subsection (a). Notwithstanding any other
provision of law, the Secretary may not use other sources of funds to
make a contribution toward the construction or equipping of the
facility.
(2) Notwithstanding subsection (b)(3) regarding the ownership and
reimbursement issues to be addressed in the agreement authorized by
subsection (a), the Secretary may not contribute funds made available
under paragraph (1) toward the construction and equipping of the
facility unless the agreement requires, in exchange for the
contribution, that the Hospital provide health care services to eligible
individuals without charge to the Secretary or at a reduced rate. The
value of the services provided by the Hospital shall be at least equal
to the amount of the contribution made by the Secretary, and the
Hospital shall complete the provision of services equal in value to the
Secretary's contribution within seven years after the facility becomes
operational. The provision of additional discounted services to be
provided by the Hospital shall be included in the agreement. The value
and types of services to be provided by the Hospital shall be negotiated
in accordance with principles of resource-sharing agreements under the
TRICARE program.
(d) Notice and Wait.--The Secretary of the Air Force may not enter
into the agreement authorized by subsection (a) until 90 days after the
Secretary of Defense submits to the congressional defense committees the
report required by subsection (e).
(e) Report on Proposed Agreement.--The Secretary of Defense shall
submit to Congress a report containing an analysis of, and
recommendations regarding, the agreement proposed to be entered into
under subsection (a), in particular, the implications of the agreement
on regional health care costs and its effect on implementation of the
TRICARE program in the region. The report shall also include a copy of
the agreement, the results of a cost-benefit analysis conducted by the
Secretary of the Air Force with respect to the agreement, and such other
information with respect to the agreement as the Secretary of Defense
and the Secretary of the Air Force considers appropriate. The
cost-benefit analysis shall consider the effects of the agreement on
operation and maintenance and military construction requirements at
Holloman Air Force Base, New Mexico.
(f) Subsequent Reports.--If the Secretary of the Air Force enters
into the agreement authorized by subsection (a), the Secretary shall
submit to Congress an annual report containing a revised cost-benefit
analysis of the consequences of the agreement as in effect during the
year covered by the report, including a full accounting of any cost
savings realized by the Department of the Air Force as a result of the
agreement. A report shall be submitted for each year in which the
agreement is in effect or until the Hospital provides the full value of
health care services required under subsection (c)(2), whichever occurs
first.
SEC. 744. DISCLOSURES OF CAUTIONARY INFORMATION ON
PRESCRIPTION MEDICATIONS.
(a) Regulations Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the administering Secretaries referred to in section 1073 of title
10, United States Code, shall prescribe regulations to require each
source described in subsection (d) that dispenses a prescription
medication to a beneficiary under chapter 55 of such title to include
with the medication the written cautionary information required by
subsection (b).
(b) Information To Be Disclosed.--Information required to be
disclosed about a medication under the regulations shall include
appropriate cautions about usage of the medication, including possible
side effects and potentially hazardous interactions with foods.
(c) Form of Information.--The regulations shall require that
information be furnished in a form that, to the maximum extent
practicable, is easily read and understood.
(d) Covered Sources.--The regulations shall apply to the following:
(1) Pharmacies and any other dispensers of prescription medications
in medical facilities of the uniformed services.
(2) Sources of prescription medications under any mail order
pharmaceuticals program provided by any of the administering Secretaries
under chapter 55 of title 10, United States Code.
(3) Pharmacies paid under the Civilian Health and Medical Program of
the Uniformed Services (including the TRICARE program).
(4) Pharmacies, and any other pharmaceutical dispensers, of
designated providers referred to in section 721(5) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110
Stat. 2593; 10 U.S.C. 1073 note).
SEC. 745. COMPETITIVE PROCUREMENT OF CERTAIN OPHTHALMIC SERVICES.
(a) Competitive Procurement Required.--Beginning not later than
October 1, 1998, the Secretary of Defense shall competitively procure
from private-sector sources, or other sources outside of the Department
of Defense, all ophthalmic services related to the provision of single
vision and multivision eyeware for members of the Armed Forces, retired
members, and certain covered beneficiaries under chapter 55 of title 10,
United States Code, who would otherwise receive such ophthalmic services
through the Department of Defense.
(b) Exception.--Subsection (a) shall not apply to the extent that the
Secretary of Defense determines that the use of sources within the
Department of Defense to provide such ophthalmic services--
(1) is necessary to meet the readiness requirements of the Armed
Forces; or
(2) is more cost effective.
(c) Completion of Existing Orders.--Subsection (a) shall not apply to
orders for ophthalmic services received on or before September 30, 1998.
SEC. 746. COMPTROLLER GENERAL STUDY OF ADEQUACY AND EFFECT OF
MAXIMUM ALLOWABLE CHARGES FOR PHYSICIANS UNDER CHAMPUS.
(a) Study Required.--The Comptroller General shall conduct a study
regarding the adequacy of the maximum allowable charges for physicians
established under the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) and the effect of such charges on the
participation of physicians in CHAMPUS. The study shall include an
evaluation of the following:
(1) The methodology used by the Secretary of Defense to establish
maximum allowable charges for physicians under CHAMPUS, and whether such
methodology conforms to the requirements of section 1079(h) of title 10,
United States Code.
(2) The differences between the established charges under CHAMPUS
and reimbursement rates for similar services under title XVIII of the
Social Security Act and other health care programs.
(3) The basis for physician complaints that the CHAMPUS established
charges are too low.
(4) The difficultly of CHAMPUS in ensuring physician compliance with
the CHAMPUS established charges in the absence of legal mechanisms to
enforce compliance, and the effect of noncompliance on patient
out-of-pocket expenses.
(5) The effect of the established charges under CHAMPUS on the
participation of physicians in CHAMPUS, and the extent and success of
Department of Defense efforts to increase physician participation in
areas with low participation rates.
(b) Submission of Report.--Not later than March 1, 1998, the
Comptroller General shall submit to Congress a report containing the
results of the study required by subsection (a).
SEC. 747. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE
PHARMACY PROGRAMS.
(a) Study.--Not later than March 31, 1998, the Comptroller General
shall submit to Congress a study evaluating the pharmacy programs of the
Department of Defense. The study shall examine the impact of such
pharmacy programs on the aggregate cost, quality, and accessibility of
health care provided to covered beneficiaries under chapter 55 of title
10, United States Code, and shall include an examination of the
following:
(1) The merits and feasibility of establishing a uniform formulary
for military treatment facility pharmacies and civilian contractor
pharmacy benefit administrators.
(2) The reasons that military treatment facilities deny covered
beneficiaries access to pharmacy care and shift such beneficiaries to
other sources of pharmacy care.
(3) The merits and feasibility of using private sector cost control
mechanisms implemented by authorized civilian contractors in the
Department of Defense medical programs, and the existence of any
barriers to the use of such mechanisms, including factors that may
undermine the incentives of such contractors to optimize treatment
outcomes in managing the care of covered beneficiaries without exceeding
budgeted resources.
(4) The cost impacts, if any, of the use of commercial managed care
methods of furnishing pharmaceuticals to covered beneficiaries by
TRICARE program contractors instead of procuring pharmaceuticals at
discounted prices pursuant to section 8126 of title 38, United States
Code.
(5) The existence of options for increasing the discounts available
to TRICARE program contractors without undermining controls for
preventing diversion of items procured by the Department of Defense to
nonmilitary populations.
(b) Response to Study.--Not later than 90 days after the Comptroller
General submits to Congress the study required by subsection (a), the
Secretary of Defense shall submit to Congress a report on the
feasibility and advisability of implementing changes to the pharmacy
programs of the Department of Defense based on the findings and
conclusions of the study.
SEC. 748. COMPTROLLER GENERAL STUDY OF NAVY GRADUATE MEDICAL
EDUCATION PROGRAM.
(a) Study Required.--The Comptroller General shall conduct a study to
evaluate the validity of the recommendations made by the Medical
Education Policy Council of the Bureau of Medicine and Surgery of the
Navy regarding restructuring the graduate medical education program of
the Department of the Navy. The study shall specifically address the
Council's recommendations relating to residency training conducted at
Naval Medical Center, Portsmouth, Virginia, and National Naval Medical
Center, Bethesda, Maryland.
(b) Submission of Report.--Not later than March 1, 1998, the
Comptroller General shall submit to Congress and the Secretary of the
Navy a report containing the results of the study required by subsection
(a).
(c) Moratorium on Restructuring.--Until the report required by
subsection (b) is submitted to Congress, the Secretary of the Navy may
not make any change in the types of residency programs conducted under
the Navy graduate medical education program or the locations at which
such residency programs are conducted or otherwise restructure the Navy
graduate medical education program.
SEC. 749. STUDY OF EXPANSION OF PHARMACEUTICALS BY MAIL
PROGRAM TO INCLUDE ADDITIONAL MEDICARE-ELIGIBLE COVERED BENEFICIARIES.
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
regarding the feasibility and advisability of expanding the category of
persons eligible to participate in the demonstration project for the
purchase of prescription pharmaceuticals by mail, as required by section
702(a) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102 484; 10 U.S.C. 1079 note), to include persons referred
to in subsection (c) of section 1086 of title 10, United States Code,
who are covered by subsection (d)(1) of such section and reside in the
United States outside of the catchment area of a medical treatment
facility of the uniformed services.
SEC. 750. COMPTROLLER GENERAL STUDY OF REQUIREMENT FOR
MILITARY MEDICAL FACILITIES IN NATIONAL CAPITAL REGION.
(a) Study Required.--The Comptroller General shall conduct a study to
evaluate the requirements for Army, Navy, and Air Force medical
facilities in the National Capital Region (as defined in section
2674(f)(2) of title 10, United States Code). The study shall--
(1) specifically address requirements with respect to geography,
facilities, integrated residencies, and medical environments; and
(2) provide specific recommendations with respect to how medical and
health care provided by these facilities may be better coordinated to
more efficiently serve, throughout the National Capital Region, members
of the Armed Forces on active duty and covered beneficiaries under
chapter 55 of title 10, United States Code.
(b) Submission of Report.--Not later than six months after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress and the Secretary of Defense a report containing the results of
the study required by subsection (a).
SEC. 751. REPORT ON POLICIES AND PROGRAMS TO PROMOTE HEALTHY
LIFESTYLES FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
(a) Report.--Not later than March 30, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the effectiveness of the policies and programs of the Department of
Defense intended to promote healthy lifestyles for members of the Armed
Forces and their dependents.
(b) Policies and Programs To Be Assessed.--The report under
subsection (a) shall include an assessment of the effectiveness of the
following:
(1) Programs intended to educate members of the Armed Forces and
their dependents about the potential health consequences of the use of
alcohol and tobacco.
(2) Policies of the commissaries, post exchanges, and service clubs,
and for entertainment activities of the Department of Defense, relating
to the sale and use of alcohol and tobacco.
(3) Programs intended to provide support to members of the Armed
Forces and their dependents who choose to reduce or eliminate their use
of alcohol or tobacco.
(4) Any other policies or programs intended to promote healthy
lifestyles for members of the Armed Forces and their dependents.
SEC. 752. SENSE OF CONGRESS REGARDING QUALITY HEALTH CARE FOR RETIREES.
(a) Findings.--Congress makes the following findings:
(1) Many retired military personnel believe that they were promised
lifetime health care in exchange for 20 or more years of service.
(2) Military retirees are the only Federal Government personnel who
have been prevented from using their employer-provided health care at or
after 65 years of age.
(3) Military health care has become increasingly difficult to obtain
for military retirees as the Department of Defense reduces its health
care infrastructure.
(4) Military retirees deserve to have a health care program that is
at least comparable with that of retirees from civilian employment by
the Federal Government.
(5) The availability of quality, lifetime health care is a critical
recruiting incentive for the Armed Forces.
(6) Quality health care is a critical aspect of the quality of life
of the men and women serving in the Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has incurred a moral obligation to provide
health care to members and former members of the Armed Forces who are
entitled to retired or retainer pay (or its equivalent);
(2) it is, therefore, necessary to provide quality, affordable
health care to such retirees; and
(3) Congress and the President should take steps to address the
problems associated with the availability of health care for such
retirees within two years after the date of the enactment of this Act.
Subtitle F--Persian Gulf Illness
SEC. 761. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Gulf War illness'' means any one of the complex of
illnesses and symptoms that might have been contracted by members of the
Armed Forces as a result of service in the Southwest Asia theater of
operations during the Persian Gulf War.
(2) The term ``Persian Gulf War'' has the meaning given that term in
section 101 of title 38, United States Code.
(3) The term ``Persian Gulf veteran'' means an individual who served
on active duty in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War.
(4) The term ``contingency operation'' has the meaning given that
term in section 101(a) of title 10, United States Code, and includes a
humanitarian operation, peacekeeping operation, or similar operation.
SEC. 762. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF VETERANS.
(a) Plan Required.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting jointly, shall prepare a plan to provide
appropriate health care to Persian Gulf veterans (and dependents
eligible by law) who suffer from a Gulf War illness.
(b) Contents of Plan.--In preparing the plan, the Secretaries shall--
(1) use the presumptions of service connection and illness specified
in paragraphs (1) and (2) of section 721(d) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 10 U.S.C.
1074 note) to determine the Persian Gulf veterans (and dependents
eligible by law) who should be covered by the plan;
(2) consider the need and methods available to provide health care
services to Persian Gulf veterans who are no longer on active duty in
the Armed Forces, such as Persian Gulf veterans who are members of the
reserve components and Persian Gulf veterans who have been separated
from the Armed Forces; and
(3) estimate the costs to the Government of providing full or
partial health care services under the plan to covered Persian Gulf
veterans (and covered dependents eligible by law).
(c) Follow-up Treatment.--The plan required by subsection (a) shall
specifically address the measures to be used to monitor the quality,
appropriateness, and effectiveness of, and patient satisfaction with,
health care services provided to Persian Gulf veterans after their
initial medical examination as part of registration in the Persian Gulf
War Veterans Health Registry or the Comprehensive Clinical Evaluation
Program.
(d) Submission of Plan.--Not later than March 1, 1998, the
Secretaries shall submit to Congress the plan required by subsection
(a).
SEC. 763. COMPTROLLER GENERAL STUDY OF REVISED DISABILITY
CRITERIA FOR PHYSICAL EVALUATION BOARDS.
Not later than March 1, 1998, the Comptroller General shall submit to
Congress a study evaluating the revisions made by the Secretary of
Defense (as required by section 721(e) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 10 U.S.C.
1074 note)) to the Physical Evaluation Board criteria used to set
disability ratings for members of the Armed Forces who are no longer
medically qualified for continuation on active duty so as to ensure
accurate disability ratings related to a diagnosis of a Gulf War
illness.
SEC. 764. MEDICAL CARE FOR CERTAIN RESERVES WHO SERVED IN
SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074d the following new section:
``1074e. Medical care: certain Reserves who served in
Southwest Asia during the Persian Gulf Conflict
``(a) Entitlement to Medical Care.--A member of the armed forces
described in subsection (b) is entitled to medical care for a qualifying
Persian Gulf symptom or illness to the same extent and under the same
conditions (other than the requirement that the member be on active
duty) as a member of a uniformed service who is entitled to such care
under section 1074(a) of this title.
``(b) Covered Members.--Subsection (a) applies to a member of a
reserve component who--
``(1) is a Persian Gulf veteran;
``(2) has a qualifying Persian Gulf symptom or illness; and
``(3) is not otherwise entitled to medical care for such symptom or
illness under this chapter and is not otherwise eligible for hospital
care and medical services for such symptom or illness under section 1710
of title 38.
``(c) Definitions.--In this section:
``(1) The term `Persian Gulf veteran' means a member of the armed
forces who served on active duty in the Southwest Asia theater of
operations during the Persian Gulf Conflict.
``(2) The term `qualifying Persian Gulf symptom or illness' means,
with respect to a member described in subsection (b), a symptom or
illness--
``(A) that the member registered before September 1, 1997, in the
Comprehensive Clinical Evaluation Program of the Department of Defense
and that is presumed under section 721(d) of the National Defense
Authorization Act for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a
result of service in the Southwest Asia theater of operations during the
Persian Gulf Conflict; or
``(B) that the member registered before September 1, 1997, in the
Persian Gulf War Veterans Health Registry maintained by the Department
of Veterans Affairs pursuant to section 702 of the Persian Gulf War
Veterans' Health Status Act (38 U.S.C. 527 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074d the following new item:
``1074e. Medical care: certain Reserves who served in Southwest
Asia during the Persian Gulf Conflict.''.
SEC. 765. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS
DEPLOYED OVERSEAS IN CONTINGENCY OR COMBAT OPERATIONS.
(a) System Required.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074e (as added by section 764)
the following new section:
``1074f. Medical tracking system for members deployed overseas
``(a) System Required.--The Secretary of Defense shall establish a
system to assess the medical condition of members of the armed forces
(including members of the reserve components) who are deployed outside
the United States or its territories or possessions as part of a
contingency operation (including a humanitarian operation, peacekeeping
operation, or similar operation) or combat operation.
``(b) Elements of System.--The system described in subsection (a)
shall include the use of predeployment medical examinations and
postdeployment medical examinations (including an assessment of mental
health and the drawing of blood samples) to accurately record the
medical condition of members before their deployment and any changes in
their medical condition during the course of their deployment. The
postdeployment examination shall be conducted when the member is
redeployed or otherwise leaves an area in which the system is in
operation (or as soon as possible thereafter).
``(c) Recordkeeping.--The results of all medical examinations
conducted under the system, records of all health care services
(including immunizations) received by members described in subsection
(a) in anticipation of their deployment or during the course of their
deployment, and records of events occurring in the deployment area that
may affect the health of such members shall be retained and maintained
in a centralized location to improve future access to the records.
``(d) Quality Assurance.--The Secretary of Defense shall establish a
quality assurance program to evaluate the success of the system in
ensuring that members described in subsection (a) receive predeployment
medical examinations and postdeployment medical examinations and that
the recordkeeping requirements with respect to the system are met.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1074e (as added by
section 764) the following new item:
``1074f. Medical tracking system for members deployed overseas.''.
(b) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to Congress an analysis of the administrative implications
of establishing and administering the medical tracking system required
by section 1074f of title
10, United States Code, as added by subsection (a). The report
shall include, for fiscal year 1999 and the 5 successive fiscal years, a
separate analysis and specification of the projected costs and
operational considerations for each of the following required aspects of
the system:
(1) Predeployment medical examinations.
(2) Postdeployment medical examinations.
(3) Recordkeeping.
SEC. 766. NOTICE OF USE OF INVESTIGATIONAL NEW DRUGS OR DRUGS
UNAPPROVED FOR THEIR APPLIED USE.
(a) Notice Requirements.--Chapter 55 of title 10, United States Code,
is amended by adding at the end the following new section:
``1107. Notice of use of an investigational new drug or a drug
unapproved for its applied use
``(a) Notice Required.--(1) Whenever the Secretary of Defense
requests or requires a member of the armed forces to receive an
investigational new drug or a drug unapproved for its applied use, the
Secretary shall provide the member with notice containing the
information specified in subsection (d).
``(2) The Secretary shall also ensure that health care providers who
administer an investigational new drug or a drug unapproved for its
applied use, or who are likely to treat members who receive such a drug,
receive the information required to be provided under paragraphs (3) and
(4) of subsection (d).
``(b) Time of Notice.--The notice required to be provided to a member
under subsection (a)(1) shall be provided before the investigational new
drug or drug unapproved for its applied use is first administered to the
member, if practicable, but in no case later than 30 days after the drug
is first administered to the member.
``(c) Form of Notice.--The notice required under subsection (a)(1)
shall be provided in writing unless the Secretary of Defense determines
that the use of written notice is impractical because of the number of
members receiving the investigational new drug or drug unapproved for
its applied use, time constraints, or similar reasons. If the Secretary
provides notice under subsection (a)(1) in a form other than in writing,
the Secretary shall submit to Congress a report describing the
notification method used and the reasons for the use of the alternative
method.
``(d) Content of Notice.--The notice required under subsection (a)(1)
shall include the following:
``(1) Clear notice that the drug being administered is an
investigational new drug or a drug unapproved for its applied use.
``(2) The reasons why the investigational new drug or drug
unapproved for its applied use is being administered.
``(3) Information regarding the possible side effects of the
investigational new drug or drug unapproved for its applied use,
including any known side effects possible as a result of the interaction
of such drug with other drugs or treatments being administered to the
members receiving such drug.
``(4) Such other information that, as a condition of authorizing the
use of the investigational new drug or drug unapproved for its applied
use, the Secretary of Health and Human Services may require to be
disclosed.
``(e) Records of Use.--The Secretary of Defense shall ensure that the
medical records of members accurately document--
``(1) the receipt by members of any investigational new drug or drug
unapproved for its applied use; and
``(2) the notice required by subsection (a)(1).
``(f) Definitions.--In this section:
``(1) The term `investigational new drug' means a drug covered by
section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)).
``(2) The term `drug unapproved for its applied use' means a drug
administered for a use not described in the approved labeling of the
drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1107. Notice of use of an investigational new drug or a drug
unapproved for its applied use.''.
SEC. 767. REPORT ON PLANS TO TRACK LOCATION OF MEMBERS IN A
THEATER OF OPERATIONS.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report containing a plan for collecting and maintaining
information regarding the daily location of units of the Armed Forces,
and to the extent practicable individual members of such units, serving
in a theater of operations during a contingency operation or combat
operation.
SEC. 768. SENSE OF CONGRESS REGARDING THE DEPLOYMENT OF
SPECIALIZED UNITS FOR DETECTING AND MONITORING CHEMICAL, BIOLOGICAL, AND
SIMILAR HAZARDS IN A THEATER OF OPERATIONS.
It is the sense of Congress that the Secretary of Defense, in
conjunction with the Chairman of the Joint Chiefs of Staff, should take
such actions as are necessary to ensure that the units of the Armed
Forces deployed in the theater of operations for each contingency
operation or combat operation include specialized units with sufficient
capability (including personnel with the appropriate training and
expertise, and the appropriate equipment) to detect and monitor the
presence of chemical, biological, and similar hazards to which members
of the Armed Forces could be exposed in that theater during the
operation.
SEC. 769. REPORT ON EFFECTIVENESS OF RESEARCH EFFORTS
REGARDING GULF WAR ILLNESSES.
Not later than March 1, 1998, the Secretary of Defense shall submit
to Congress a report evaluating the effectiveness of medical research
initiatives regarding Gulf War illnesses. The report shall address the
following:
(1) The type and effectiveness of previous research efforts,
including the activities undertaken pursuant to section 743 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 10 U.S.C. 1074 note), section 722 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 10 U.S.C.
1074 note), and sections 270 and 271 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103 160; 107 Stat.
1613).
(2) Recommendations regarding additional research regarding Gulf War
illnesses, including research regarding the nature and causes of Gulf
War illnesses and appropriate treatments for such illnesses.
(3) The adequacy of Federal funding and the need for additional
funding for medical research initiatives regarding Gulf War illnesses.
SEC. 770. PERSIAN GULF ILLNESS CLINICAL TRIALS PROGRAM.
(a) Findings.--Congress finds the following:
(1) There are many ongoing studies that investigate risk factors
which may be associated with the health problems experienced by Persian
Gulf veterans; however, there have been no studies that examine health
outcomes and the effectiveness of the treatment received by such
veterans.
(2) The medical literature and testimony presented in hearings on
Gulf War illnesses indicate that there are therapies, such as cognitive
behavioral therapy, that have been effective in treating patients with
symptoms similar to those seen in many Persian Gulf veterans.
(b) Establishment of Program.--The Secretary of Defense and the
Secretary of Veterans Affairs, acting jointly, shall establish a program
of cooperative clinical trials at multiple sites to assess the
effectiveness of protocols for treating Persian Gulf veterans who suffer
from ill-defined or undiagnosed conditions. Such protocols shall include
a multidisciplinary treatment model, of which cognitive behavioral
therapy is a component.
(c) Funding.--Of the funds authorized to be appropriated in section
201(1) for research, development, test, and evaluation for the Army, the
sum of $4,500,000 shall be available for program element 62787A (medical
technology) in the budget of the Department of Defense for fiscal year
1998 to carry out the clinical trials program established pursuant to
subsection (b).
SEC. 771. SENSE OF CONGRESS CONCERNING GULF WAR ILLNESS.
(a) Findings.--Congress makes the following findings:
(1) Americans served in the Persian Gulf Conflict of 1991 in defense
of vital national security interests of the United States.
(2) It was known to United States intelligence and military
commanders that biological and chemical agents were in theater
throughout the conflict.
(3) An undetermined amount of these agents were released into theater.
(4) A large number of United States military veterans and allied
veterans who served in the Southwest Asia theater of operations have
been stricken with a variety of severe illnesses.
(5) Previous efforts to discern the causes of those illnesses have
been inadequate, and those illnesses are affecting the health of both
veterans and their families.
(b) Sense of Congress.--It is the sense of Congress that all
promising technology and treatments relating to Gulf War illnesses
should be fully explored and tested to facilitate treatment for members
of the Armed Forces and veterans who served the United States in the
Persian Gulf conflict and are stricken with unexplainable illness.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Expansion of authority to enter into contracts crossing
fiscal years to all severable service contracts not exceeding a year.
Sec. 802. Vesting of title in the United States under contracts
paid under progress payment arrangements or similar arrangements.
Sec. 803. Restriction on undefinitized contract actions.
Sec. 804. Limitation and report on payment of restructuring costs
under defense contracts.
Sec. 805. Increased price limitation on purchases of right-hand
drive vehicles.
Sec. 806. Multiyear procurement contracts.
Sec. 807. Audit of procurement of military clothing and
clothing-related items by military installations in the United States.
Sec. 808. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 809. Elimination of certification requirement for grants.
Sec. 810. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 811. Item-by-item and country-by-country waivers of domestic
source limitations.
SUBTITLE B--ACQUISITION ASSISTANCE PROGRAMS
Sec. 821. One-year extension of pilot mentor-protege program.
Sec. 822. Test program for negotiation of comprehensive
subcontracting plans.
SUBTITLE C--ADMINISTRATIVE PROVISIONS
Sec. 831. Retention of expired funds during the pendency of
contract litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Unit cost reports.
Sec. 834. Plan for providing contracting information to general
public and small businesses.
Sec. 835. Two-year extension of crediting of certain purchases
toward meeting subcontracting goals.
SUBTITLE D--OTHER MATTERS
Sec. 841. Repeal of certain acquisition requirements and reports.
Sec. 842. Use of major range and test facility installations by
commercial entities.
Sec. 843. Requirement to develop and maintain list of firms not
eligible for defense contracts.
Sec. 844. Sense of Congress regarding allowability of costs of
employee stock ownership plans.
Sec. 845. Expansion of personnel eligible to participate in
demonstration project relating to acquisition workforce.
Sec. 846. Time for submission of annual report relating to Buy
American Act.
Sec. 847. Repeal of requirement for contractor guarantees on major
weapon systems.
Sec. 848. Requirements relating to micro-purchases.
Sec. 849. Promotion rate for officers in an acquisition corps.
Sec. 850. Use of electronic commerce in Federal procurement.
Sec. 851. Conformance of policy on performance based management of
civilian acquisition programs with policy established for defense
acquisition programs.
Sec. 852. Modification of process requirements for the
solutions-based contracting pilot program.
Sec. 853. Guidance and standards for defense acquisition workforce
training requirements.
Sec. 854. Study and report to Congress assessing dependence on
foreign sources for resistors and capacitors.
Sec. 855. Department of Defense and Federal Prison Industries
joint study.
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
SEC. 801. EXPANSION OF AUTHORITY TO ENTER INTO CONTRACTS
CROSSING FISCAL YEARS TO ALL SEVERABLE SERVICE CONTRACTS NOT EXCEEDING A
YEAR.
(a) Expanded Authority.--Section 2410a of title 10, United States
Code, is amended to read as follows:
``2410a. Severable service contracts for periods crossing fiscal years
``(a) Authority.--The Secretary of Defense, the Secretary of a
military department, or the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the Navy, may
enter into a contract for procurement of severable services for a period
that begins in one fiscal year and ends in the next fiscal year if
(without regard to any option to extend the period of the contract) the
contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into under
the authority of subsection (a).''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2410a. Severable service contracts for periods crossing fiscal
years.''.
SEC. 802. VESTING OF TITLE IN THE UNITED STATES UNDER
CONTRACTS PAID UNDER PROGRESS PAYMENT ARRANGEMENTS OR SIMILAR
ARRANGEMENTS.
Section 2307 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection
(h):
``(h) Vesting of Title in the United States.--If a contract paid by a
method authorized under subsection (a)(1) provides for title to property
to vest in the United States, the title to the property shall vest in
accordance with the terms of the contract, regardless of any security
interest in the property that is asserted before or after the contract
is entered into.''.
SEC. 803. RESTRICTION ON UNDEFINITIZED CONTRACT ACTIONS.
(a) Applicability of Waiver Authority to Humanitarian or Peacekeeping
Operations.--Section 2326(b)(4) of title 10, United States Code, is
amended to read as follows:
``(4) The head of an agency may waive the provisions of this
subsection with respect to a contract of that agency if that head of an
agency determines that the waiver is necessary in order to support any
of the following operations:
``(A) A contingency operation.
``(B) A humanitarian or peacekeeping operation.''.
(b) Humanitarian or Peacekeeping Operation Defined.--Section 2302(7)
of such title is amended--
(1) by striking out ``(7)(A)'' and inserting in lieu thereof
``(7)''; and
(2) by striking out ``(B) In subparagraph (A), the'' and inserting
in lieu thereof ``(8) The''.
SEC. 804. LIMITATION AND REPORT ON PAYMENT OF RESTRUCTURING
COSTS UNDER DEFENSE CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2324 the following new section:
``2325. Restructuring costs
``(a) Limitation on Payment of Restructuring Costs.--(1) The
Secretary of Defense may not pay, under section 2324 of this title, a
defense contractor for restructuring costs associated with a business
combination of the contractor unless the Secretary determines in writing
either--
``(A) that the amount of projected savings for the Department of
Defense associated with the restructuring will be at least twice the
amount of the costs allowed; or
``(B) that the amount of projected savings for the Department of
Defense associated with the restructuring will exceed the amount of the
costs allowed and that the business combination will result in the
preservation of a critical capability that otherwise might be lost to
the Department.
``(2) The Secretary may not delegate the authority to make a
determination under paragraph (1) to an official of the Department of
Defense below the level of an Assistant Secretary of Defense.
``(b) Report.--Not later than March 1 in each of 1998, 1999, 2000,
2001, and 2002, the Secretary of Defense shall submit to Congress a
report that contains, with respect to business combinations occurring on
or after August 15, 1994, the following:
``(1) For each defense contractor to which the Secretary has paid,
under section 2324 of this title, restructuring costs associated with a
business combination, a summary of the following:
``(A) An estimate of the amount of savings for the Department of
Defense associated with the restructuring that has been realized as of
the end of the preceding calendar year.
``(B) An estimate of the amount of savings for the Department of
Defense associated with the restructuring that is expected to be
achieved on defense contracts.
``(2) An identification of any business combination for which the
Secretary has paid restructuring costs under section 2324 of this title
during the preceding calendar year and, for each such business
combination--
``(A) the supporting rationale for allowing such costs;
``(B) factual information associated with the determination made
under subsection (a) with respect to such costs; and
``(C) a discussion of whether the business combination would have
proceeded without the payment of restructuring costs by the Secretary.
``(3) For business combinations of major defense contractors that
took place during the year preceding the year of the report--
``(A) an assessment of any potentially adverse effects that the
business combinations could have on competition for Department of
Defense contracts (including potential horizontal effects, vertical
effects, and organizational conflicts of interest), the national
technology and industrial base, or innovation in the defense industry;
and
``(B) the actions taken to mitigate the potentially adverse effects.
``(c) Definition.--In this section, the term `business combination'
includes a merger or acquisition.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2324 the following new
item:
``2325. Restructuring costs.''.
(b) GAO Reports.--(1) Not later than April 1, 1998, the Comptroller
General shall--
(A) in consultation with appropriate officials in the Department of
Defense--
(i) identify major market areas affected by business combinations of
defense contractors since January 1, 1990; and
(ii) develop a methodology for determining the savings from business
combinations of defense contractors on the prices paid on particular
defense contracts; and
(B) submit to the congressional defense committees a report
describing, for each major market area identified pursuant to
subparagraph (A)(i), the changes in numbers of businesses competing for
major defense contracts since January 1, 1990.
(2) Not later than December 1, 1998, the Comptroller General shall
submit to the congressional defense committees a report containing the
following:
(A) Updated information on--
(i) restructuring costs of business combinations paid by the
Department of Defense pursuant to certifications under section 818 of
the National Defense Authorization Act for Fiscal Year 1995, and
(ii) savings realized by the Department of Defense as a result of
the business combinations for which the payment of restructuring costs
was so certified.
(B) An assessment of the savings from business combinations of
defense contractors on the prices paid on a meaningful sample of defense
contracts, determined in accordance with the methodology developed
pursuant to paragraph (1)(A)(ii), as well as a description of the
methodology.
(C) Any recommendations that the Comptroller General considers
appropriate.
(3) In this subsection, the term ``business combination'' has the
meaning given that term in section 2325(c) of title 10, United States
Code, as added by subsection (a).
(c) Effective Date.--Section 2325(a) of title 10, United States Code,
as added by subsection (a), shall apply with respect to business
combinations that occur after the date of the enactment of this Act.
(d) Repeal of Superseded Provisions.--Subsections (a) and (g)(3) of
section 818 of the National Defense Authorization Act for Fiscal Year
1995 (10 U.S.C. 2324 note) are repealed.
SEC. 805. INCREASED PRICE LIMITATION ON PURCHASES OF
RIGHT-HAND DRIVE VEHICLES.
Section 2253(a)(2) of title 10, United States Code, is amended by
striking out ``$12,000'' and inserting in lieu thereof ``$30,000''.
SEC. 806. MULTIYEAR PROCUREMENT CONTRACTS.
(a) Requirement for Authorization by Law in Acts Other Than
Appropriations Acts.--(1) Subsection (i) of section 2306b of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) In the case of the Department of Defense, a multiyear contract
in an amount equal to or greater than $500,000,000 may not be entered
into for any fiscal year under this section unless the contract is
specifically authorized by law in an Act other than an appropriations
Act.''.
(2) Paragraph (3) of section 2306b(i) of title 10, United States
Code, as added by paragraph (1), shall not apply with respect to a
contract authorized by law before the date of the enactment of this Act.
(b) Codification of Annual Recurring Multiyear Procurement
Requirements.--(1) Such section is further amended by adding at the end
the following new subsection:
``(l) Various Additional Requirements With Respect to Multiyear
Defense Contracts.--(1)(A) The head of an agency may not initiate a
contract described in subparagraph (B) unless the congressional defense
committees are notified of the proposed contract at least 30 days in
advance of the award of the proposed contract.
``(B) Subparagraph (A) applies to the following contracts:
``(i) A multiyear contract--
``(I) that employs economic order quantity procurement in excess of
$20,000,000 in any one year of the contract; or
``(II) that includes an unfunded contingent liability in excess of
$20,000,000.
``(ii) Any contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in excess of
$20,000,000 in any one year.
``(2) The head of an agency may not initiate a multiyear contract for
which the economic order quantity advance procurement is not funded at
least to the limits of the Government's liability.
``(3) The head of an agency may not initiate a multiyear procurement
contract for any system (or component thereof) if the value of the
multiyear contract would exceed $500,000,000 unless authority for the
contract is specifically provided in an appropriations Act.
``(4) The head of an agency may not terminate a multiyear procurement
contract until 10 days after the date on which notice of the proposed
termination is provided to the congressional defense committees.
``(5) The execution of multiyear contracting authority shall require
the use of a present value analysis to determine lowest cost compared to
an annual procurement.
``(6) This subsection does not apply to the National Aeronautics and
Space Administration or to the Coast Guard.
``(7) In this subsection, the term `congressional defense committees'
means the following:
``(A) The Committee on Armed Services of the Senate and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
``(B) The Committee on National Security of the House of
Representatives and the Subcommittee on National Security of the
Committee on Appropriations of the House of Representatives.''.
(2) The amendment made by paragraph (1) shall take effect on October
1, 1998.
(c) Technical and Conforming Amendments.--Such section is further
amended as follows:
(1) Subsection (a) is amended--
(A) by striking out ``finds--'' in the matter preceding paragraph
(1) and inserting in lieu thereof ``finds each of the following:'';
(B) by capitalizing the initial letter of the first word in each of
paragraphs (1) through (6);
(C) by striking out the semicolon at the end of paragraphs (1)
through (4) and inserting in lieu thereof a period; and
(D) by striking out ``; and'' at the end of paragraph (5) and
inserting in lieu thereof a period.
(2) Subsection (d)(1) is amended by striking out ``paragraph (1)''
and inserting in lieu thereof ``subsection (a)''.
(3) Subsection (i)(1) is amended by striking ``five-year'' and
inserting in lieu thereof ``future-years''.
SEC. 807. AUDIT OF PROCUREMENT OF MILITARY CLOTHING AND
CLOTHING-RELATED ITEMS BY MILITARY INSTALLATIONS IN THE UNITED STATES.
(a) Audit Requirement.--Not later than September 30, 1998, the
Inspector General of the Department of Defense shall perform an audit of
purchases of military clothing and clothing-related items in excess of
the micro-purchase threshold by military installations during fiscal
years 1996 and 1997 to determine the extent to which such installations
procured military clothing and clothing-related items in violation of
the Buy American Act (41 U.S.C. 10a et seq.) during those fiscal years.
(b) Installations To Be Audited.--The audit under subsection (a)--
(1) shall include an audit of the procurement of military clothing
and clothing-related items by a military installation of each of the
Army, Navy, Air Force, and Marine Corps; and
(2) shall not cover procurements of clothing and clothing-related
items by the Defense Logistics Agency.
(c) Definition.--The term ``micro-purchase threshold'' has the
meaning provided by section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428(f)).
(d) Report.--Not later than October 31, 1998, the Inspector General
of the Department of Defense shall submit to Congress a report on the
results of the audit performed under subsection (a).
SEC. 808. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR
CERTAIN CONTRACTOR PERSONNEL.
(a) Certain Compensation Not Allowable as Costs Under Defense
Contracts.--(1) Subsection (e)(1) of section 2324 of title 10, United
States Code, is amended by adding at the end the following:
``(P) Costs of compensation of senior executives of contractors for
a fiscal year, regardless of the contract funding source, to the extent
that such compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the Administrator for
Federal Procurement Policy under section 39 of the Office of Federal
Procurement Policy Act (41 U.S.C. 435).''.
(2) Subsection (l) of such section is amended by adding at the end
the following:
``(4) The term `compensation', for a year, means the total amount of
wages, salary, bonuses and deferred compensation for the year, whether
paid, earned, or otherwise accruing, as recorded in an employer's cost
accounting records for the year.
``(5) The term `senior executive', with respect to a contractor,
means--
``(A) the chief executive officer of the contractor or any
individual acting in a similar capacity for the contractor;
``(B) the four most highly compensated employees in management
positions of the contractor other than the chief executive officer; and
``(C) in the case of a contractor that has components which report
directly to the contractor's headquarters, the five most highly
compensated employees in management positions at each such component.
``(6) The term `fiscal year' means a fiscal year established by a
contractor for accounting purposes.''.
(b) Certain Compensation Not Allowable as Costs Under Non-Defense
Contracts.--(1) Subsection (e)(1) of section 306 of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 256) is amended by
adding at the end the following:
``(P) Costs of compensation of senior executives of contractors for
a fiscal year, regardless of the contract funding source, to the extent
that such compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the Administrator for
Federal Procurement Policy under section 39 of the Office of Federal
Procurement Policy Act (41 U.S.C. 435).''.
(2) Such section is further amended by adding at the end the
following:
``(m) Other Definitions.--In this section:
``(1) The term `compensation', for a fiscal year, means the total
amount of wages, salary, bonuses and deferred compensation for the
fiscal year, whether paid, earned, or otherwise accruing, as recorded in
an employer's cost accounting records for the fiscal year.
``(2) The term `senior executive', with respect to a contractor,
means--
``(A) the chief executive officer of the contractor or any
individual acting in a similar capacity for the contractor;
``(B) the four most highly compensated employees in management
positions of the contractor other than the chief executive officer; and
``(C) in the case of a contractor that has components which report
directly to the contractor's headquarters, the five most highly
compensated individuals in management positions at each such component.
``(3) The term `fiscal year' means a fiscal year established by a
contractor for accounting purposes.''.
(c) Levels of Compensation Not allowable. --(1) The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at
the end the following:
``SEC. 39. LEVELS OF COMPENSATION OF CERTAIN CONTRACTOR
PERSONNEL NOT ALLOWABLE AS COSTS UNDER CERTAIN CONTRACTS.
``(a) Determination Required. --For purposes of section 2324(e)(1)(P)
of title 10, United States Code, and section 306(e)(1)(P) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
256(e)(1)(P)), the Administrator shall review commercially available
surveys of executive compensation and, on the basis of the results of
the review, determine a benchmark compensation amount to apply for each
fiscal year. In making determinations under this subsection the
Administrator shall consult with the Director of the Defense Contract
Audit Agency and such other officials of executive agencies as the
Administrator considers appropriate.
``(b) Benchmark Compensation Amount. --The benchmark compensation
amount applicable for a fiscal year is the median amount of the
compensation provided for all senior executives of all benchmark
corporations for the most recent year for which date is available at the
time the determination under subsection (a) is made.
``(c) Definitions. --In this section:
``(1) The term `compensation', for a fiscal year, means the total
amount of wages, salary, bonuses and deferred compensation for the
fiscal year, whether paid, earned, or otherwise accruing, as recorded in
an employer's cost accounting records for the fiscal year.
``(2) The term `senior executive', with respect to a corporation,
means--
``(A) the chief executive officer of the corporation or any
individual acting in a similar capacity for the corporation.
``(B) the four most highly compensated employees in management
positions of the corporation other than the chief executive officer; and
``(C) in the case of a corporation that has components which report
directly to the corporate headquarters, the five most highly compensated
individuals in management positions at each such component.
``(3) The term `benchmark corporation', with respect to a fiscal
year, means a publicly-owned United States corporation that has annual
sales in excess of $50,000,000 for the fiscal year.
``(4) The term `publicly-owned United States corporation' means a
corporation organized under the laws of a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
possession of the United States the voting stock of which is publicly
traded.
``(5) The term `fiscal year' means a fiscal year established by a
contractor for accounting purposes.''.
(2) The table of sections in section 1(b) of such Act is amended by
adding at the end the following:
``Sec. 39. Levels of compensation of certain contractor personnel
not allowable as costs under certain contracts.''.
(d) Regulations.--Regulations implementing the amendments made by
this section shall be published in the Federal Register not later than
the effective date of the amendments under subsection (e).
(e) Effective Date.--The amendments made by this section shall--
(1) take effect on the date that is 90 days after the date of the
enactment of this Act; and
(2) apply with respect to costs of compensation incurred after
January 1, 1998, under covered contracts entered into before, on, or
after the date of the enactment of this Act.
(f) Exclusive Applicability.--Notwithstanding any other provision of
law, no other limitation in law on the allowability of costs of
compensation of senior executives under covered contracts shall apply to
such costs of compensation incurred after January 1, 1998.
(g) Definitions.--In this section:
(1) The term ``covered contract'' has the meaning given such term in
section 2324(l) of title 10, United States Code, and section 306(l) of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
256(l)).
(2) The terms ``compensation'' and ``senior executive'' have the
meanings given such terms in section 2324(l) of title 10, United States
Code, and section 306(m) of the Federal Property and Administrative
Services Act of 1949.
SEC. 809. ELIMINATION OF CERTIFICATION REQUIREMENT FOR GRANTS.
Section 5153 of the Drug-Free Workplace Act of 1988 (Public Law 100
690; 102 Stat. 4306; 41 U.S.C. 702) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking out ``has certified to the
granting agency that it will'' and inserting in lieu thereof ``agrees
to''; and
(B) in paragraph (2), by striking out ``certifies to the agency''
and inserting in lieu thereof ``agrees''; and
(2) in subsection (b)(1)--
(A) by striking out subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively; and
(C) in subparagraph (A), as so redesignated, by striking out ``such
certification by failing to carry out''.
SEC. 810. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING CONTRACTS.
(a) Repeal.--(1) Section 2405 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 141 of such
title is amended by striking out the item relating to section 2405.
(b) Applicability.--(1) Except as provided in paragraph (2), the
repeal made by subsection (a) shall be effective with respect to claims,
requests for equitable adjustment, and demands for payment under
shipbuilding contracts that have been or are submitted before, on, or
after the date of the enactment of this Act.
(2) Section 2405 of title 10, United States Code, as in effect
immediately before the date of the enactment of this Act, shall continue
to apply to a contractor's claim, request for equitable adjustment, or
demand for payment under a shipbuilding contract that was submitted
before such date if--
(A) a contracting officer denied the claim, request, or demand, and
the period for appealing the decision to a court or board under the
Contract Disputes Act of 1978 expired before such date;
(B) a court or board of contract appeals considering the claim,
request, or demand (including any appeal of a decision of a contracting
officer to deny the claim, request, or demand) denied or dismissed the
claim, request, or demand (or the appeal), and the action of the court
or board became final and unappealable before such date; or
(C) the contractor released or releases the claim, request, or demand.
SEC. 811. ITEM-BY-ITEM AND COUNTRY-BY-COUNTRY WAIVERS OF
DOMESTIC SOURCE LIMITATIONS.
(a) Item-by-Item and Country-by-Country Implementation of Certain
Waiver Authority.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(i) Implementation of Certain Waiver Authority.--(1) The Secretary
of Defense may exercise the waiver authority described in paragraph (2)
only if the waiver is made for a particular item listed in subsection
(a) and for a particular foreign country.
``(2) This subsection applies to the waiver authority provided by
subsection (d) on the basis of the applicability of paragraph (2) or (3)
of that subsection.
``(3) The waiver authority described in paragraph (2) may not be
delegated below the Under Secretary of Defense for Acquisition and
Technology.
``(4) At least 15 days before the effective date of any waiver made
under the waiver authority described in paragraph (2), the Secretary
shall publish in the Federal Register and submit to the congressional
defense committees a notice of the determination to exercise the waiver
authority.
``(5) Any waiver made by the Secretary under the waiver authority
described in paragraph (2) shall be in effect for a period not greater
than one year, as determined by the Secretary.''.
(b) Effective Date.--Subsection (i) of section 2534 of such title, as
added by subsection (a), shall apply with respect to--
(1) contracts and subcontracts entered into on or after the date of
the enactment of this Act; and
(2) options for the procurement of items that are exercised after
such date under contracts that are entered into before such date if the
option prices are adjusted for any reason other than the application of
a waiver granted under subsection (d) of such section 2534, on the basis
of the applicability of paragraph (2) or (3) of that subsection.
Subtitle B--Acquisition Assistance Programs
SEC. 821. ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
(a) One-Year Extension of Pilot Mentor-Protege Program.--Section
831(j) of the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1998'' and inserting in lieu
thereof ``1999'';
(2) in paragraph (2), by striking out ``1999'' and inserting in lieu
thereof ``2000''; and
(3) in paragraph (3), by striking out ``1999'' and inserting in lieu
thereof ``2000''.
(b) Study on Implementation of Pilot Mentor-Protege Program.--(1) The
Comptroller General shall conduct a study on the implementation of the
Mentor-Protege Program established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) and
the extent to which the program is achieving the purposes established
under that section.
(2) The study also shall include the following:
(A) A review of the manner in which funds for the program have been
obligated.
(B) An identification and assessment of the average amount spent by
the Department of Defense on individual mentor-protege agreements and
the correlation between levels of funding and the business development
of the protege firms.
(C) An evaluation of the effectiveness of the incentives provided to
mentor firms to participate in the program.
(D) An assessment of the success of the mentor-protege program in
enhancing the business competitiveness and financial independence of
protege firms.
(3) The Comptroller General shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report on the results of the study not later
than March 31, 1998.
SEC. 822. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SUBCONTRACTING PLANS.
(a) Content of Subcontracting Plans.--Subsection (b)(2) of section
834 of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101 189; 15 U.S.C. 637 note) is amended--
(1) by striking out ``plan--'' and inserting in lieu thereof ``plan
of a contractor--'';
(2) by striking out subparagraph (A);
(3) by redesignating subparagraph (B) as subparagraph (A) and by
striking out the period at the end of such subparagraph and inserting in
lieu thereof ``; and''; and
(4) by adding at the end the following:
``(B) shall cover each Department of Defense contract that is
entered into by the contractor and each subcontract that is entered into
by the contractor as the subcontractor under a Department of Defense
contract.''.
(b) Extension of Program.--Subsection (e) of such section is amended
by striking out ``September 30, 1998'' in the second sentence and
inserting in lieu thereof ``September 30, 2000.''.
Subtitle C--Administrative Provisions
SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY OF
CONTRACT LITIGATION.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``2410m. Retention of amounts collected from contractor during
the pendency of contract dispute
``(a) Retention of Funds.--Notwithstanding sections 1552(a) and
3302(b) of title 31, any amount, including interest, collected from a
contractor as a result of a claim made by a military department or
Defense Agency under the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.), shall remain available in accordance with this section to pay--
``(1) any settlement of the claim by the parties;
``(2) any judgment rendered in the contractor's favor on an appeal
of the decision on that claim to the Armed Services Board of Contract
Appeals under section 7 of such Act (41 U.S.C. 606); or
``(3) any judgment rendered in the contractor's favor in an action
on that claim in a court of the United States.
``(b) Period of Availability.--(1) The period of availability of an
amount under subsection (a), in connection with a claim--
``(A) expires 180 days after the expiration of the period for
bringing an action on that claim in the United States Court of Federal
Claims under section 10(a) of the Contract Disputes Act of 1978 (41
U.S.C. 609(a)) if, within that 180-day period--
``(i) no appeal on the claim is commenced at the Armed Services
Board of Contract Appeals under section 7 of such Act; and
``(ii) no action on the claim is commenced in a court of the United
States; or
``(B) if not expiring under subparagraph (A), expires--
``(i) in the case of a settlement of the claim, 180 days after the
date of the settlement; or
``(ii) in the case of a judgment rendered on the claim in an appeal
to the Armed Services Board of Contract Appeals under section 7 of the
Contract Disputes Act of 1978 or an action in a court of the United
States, 180 days after the date on which the judgment becomes final and
not appealable.
``(2) While available under this section, an amount may be obligated
or expended only for a purpose described in subsection (a).
``(3) Upon the expiration of the period of availability of an amount
under paragraph (1), the amount shall be covered into the Treasury as
miscellaneous receipts.
``(c) Reporting Requirement.--Each year, the Under Secretary of
Defense (Comptroller) shall submit to Congress a report on the amounts,
if any, that are available for obligation pursuant to this section. The
report shall include, at a minimum, the following:
``(1) The total amount available for obligation.
``(2) The total amount collected from contractors during the year
preceding the year in which the report is submitted.
``(3) The total amount disbursed in such preceding year and a
description of the purpose for each disbursement.
``(4) The total amount returned to the Treasury in such preceding
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of title 10, United States Code, is amended by adding at the
end the following new item:
``2410m. Retention of amounts collected from contractor during the
pendency of contract dispute.''.
SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.
Section 2371 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(i) Protection of Certain Information From Disclosure.--(1)
Disclosure of information described in paragraph (2) is not required,
and may not be compelled, under section 552 of title 5 for five years
after the date on which the information is received by the Department of
Defense.
``(2)(A) Paragraph (1) applies to information described in
subparagraph (B) that is in the records of the Department of Defense if
the information was submitted to the Department in a competitive or
noncompetitive process having the potential for resulting in an award,
to the party submitting the information, of a cooperative agreement that
includes a clause described in subsection (d) or another transaction
authorized by subsection (a).
``(B) The information referred to in subparagraph (A) is the
following:
``(i) A proposal, proposal abstract, and supporting documents.
``(ii) A business plan submitted on a confidential basis.
``(iii) Technical information submitted on a confidential basis.''.
SEC. 833. UNIT COST REPORTS.
(a) Immediate Report Required Only for Previously Unreported
Increased Costs.--Subsection (c) of section 2433 of title 10, United
States Code, is amended by striking out ``during the current fiscal year
(other than the last quarterly unit cost report under subsection (b) for
the preceding fiscal year)'' in the matter following paragraph (3).
(b) Immediate Report Not Required for Cost Variances or Schedule
Variances of Major Contracts.--Subsection (c) of such section is further
amended--
(1) by inserting ``or'' at the end of paragraph (1);
(2) by striking out ``or'' at the end of paragraph (2); and
(3) by striking out paragraph (3).
(c) Congressional Notification of Increased Cost Not Conditioned on
Discovery Since Beginning of Fiscal Year.--Subsection (d)(3) of such
section is amended by striking out ``(for the first time since the
beginning of the current fiscal year)'' in the first sentence.
SEC. 834. PLAN FOR PROVIDING CONTRACTING INFORMATION TO
GENERAL PUBLIC AND SMALL BUSINESSES.
(a) Requirement for Plan.--The Secretary of Defense shall develop a
plan for improving the responsiveness of the Department of Defense to
persons from the general public and small businesses seeking information
on how to pursue contracting and technology development opportunities
with the department. The plan shall include an assessment and
recommendation on the designation of a central point of contact in the
department to provide such information.
(b) Submission.--Not later than March 31, 1998, the Secretary shall
submit the plan developed under subsection (a) to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives.
SEC. 835. TWO-YEAR EXTENSION OF CREDITING OF CERTAIN PURCHASES
TOWARD MEETING SUBCONTRACTING GOALS.
Section 2410d(c) of title 10, United States Code, is amended,
effective as of September 30, 1997, by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1999''.
Subtitle D--Other Matters
SEC. 841. REPEAL OF CERTAIN ACQUISITION REQUIREMENTS AND REPORTS
(a) Repeal of Reporting Requirement for Nonmajor Acquisition
Programs.--Section 2220(b) of title 10, United States Code, is amended
by striking out ``and nonmajor'' in the first sentence.
(b) Repeal of Additional Approval Requirement Under Competition
Exception for International Agreements.--Section 2304(f)(2)(E) of title
10, United States Code, is amended by striking out ``and such document
is approved by the competition advocate for the procuring activity''.
(c) Content of Limited Selected Acquisition Reports.--Section
2432(h)(2) of title 10, United States Code, is amended--
(1) by striking out subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (D)
and (E), respectively.
(d) Repeal of Report Relating to Procurement Regulations.--Section 25
of the Office of Federal Procurement Policy Act (41 U.S.C. 421) is
amended by striking out subsection (g).
SEC. 842. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS
BY COMMERCIAL ENTITIES.
(a) Extension of Authority.--Subsection (g) of section 2681 of title
10, United States Code, is amended by striking out ``1998'' and
inserting in lieu thereof ``2002''.
(b) Revised Reporting Requirement.--Subsection (h) of such section is
amended to read as follows:
``(h) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
identifying existing and proposed procedures to ensure that the use of
Major Range and Test Facility Installations by commercial entities does
not compete with private sector test and evaluation services.''.
SEC. 843. REQUIREMENT TO DEVELOP AND MAINTAIN LIST OF FIRMS
NOT ELIGIBLE FOR DEFENSE CONTRACTS.
Section 2327 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (f) and
(g), respectively; and
(2) by inserting after subsection (c) the following new subsections:
``(d) List of Firms Subject to Prohibition.--(1) The Secretary of
Defense shall develop and maintain a list of all firms and subsidiaries
of firms that the Secretary has identified as being subject to the
prohibition in subsection (b).
``(2)(A) A person may request the Secretary to include on the list
maintained under paragraph (1) any firm or subsidiary of a firm that the
person believes to be owned or controlled by a foreign government
described in subsection (b)(2). Upon receipt of such a request, the
Secretary shall determine whether the conditions in paragraphs (1) and
(2) of subsection (b) exist in the case of that firm or subsidiary. If
the Secretary determines that such conditions do exist, the Secretary
shall include the firm or subsidiary on the list.
``(B) A firm or subsidiary of a firm included on the list may request
the Secretary to remove such firm or subsidiary from the list on the
basis that it has been erroneously included on the list or its ownership
circumstances have significantly changed. Upon receipt of such a
request, the Secretary shall determine whether the conditions in
paragraphs (1) and (2) of subsection (b) exist in the case of that firm
or subsidiary. If the Secretary determines that such conditions do not
exist, the Secretary shall remove the firm or subsidiary from the list.
``(C) The Secretary shall establish procedures to carry out this
paragraph.
``(3) The head of an agency shall prohibit each firm or subsidiary of
a firm awarded a contract by the agency from entering into a subcontract
under that contract in an amount in excess of $25,000 with a firm or
subsidiary included on the list maintained under paragraph (1) unless
there is a compelling reason to do so. In the case of any subcontract
requiring consent by the head of an agency, the head of the agency shall
not consent to the award of the subcontract to a firm or subsidiary
included on such list unless there is a compelling reason for such
approval.
``(e) Distribution of List.--The Administrator of General Services
shall ensure that the list developed and maintained under subsection (d)
is made available to Federal agencies and the public in the same manner
and to the same extent as the list of suspended and debarred contractors
compiled pursuant to subpart 9.4 of the Federal Acquisition
Regulation.''.
SEC. 844. SENSE OF CONGRESS REGARDING ALLOWABILITY OF COSTS OF
EMPLOYEE STOCK OWNERSHIP PLANS.
It is the sense of Congress that the Secretary of Defense should not
disallow, under Department of Defense contracts, the following costs:
(1) Interest costs associated with deferred compensation employee
stock ownership plans that were incurred before January 1, 1994.
(2) Costs related to employee stock ownership plan (ESOP) debt,
control premiums, or marketability discounts associated with the
valuation of ESOP stock of closely held companies that were incurred
before January 1, 1995.
SEC. 845. EXPANSION OF PERSONNEL ELIGIBLE TO PARTICIPATE IN
DEMONSTRATION PROJECT RELATING TO ACQUISITION WORKFORCE.
(a) Covered Personnel.--(1) Subsection (a) of section 4308 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104
106; 10 U.S.C. 1701 note) is amended by adding before the period at the
end the following: ``and supporting personnel assigned to work directly
with the acquisition workforce''.
(2) Subsection (b)(3)(A) of such section is amended by inserting
before the semicolon the following: ``or involves a team of personnel
more than half of which consists of members of the acquisition workforce
and the remainder of which consists of supporting personnel assigned to
work directly with the acquisition workforce''.
(b) Commencement of Project.--Subsection (b)(3)(B) of such section is
amended by striking out ``this Act'' and inserting in lieu thereof ``the
National Defense Authorization Act for Fiscal Year 1998''.
(c) Limitation on Number of Participants.--Such section is further
amended by adding at the end the following:
``(d) Limitation on Number of Participants.--The total number of
persons who may participate in the demonstration project under this
section may not exceed 95,000.''.
SEC. 846. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO BUY
AMERICAN ACT.
Section 827 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201; 110 Stat. 2611; 41 U.S.C. 10b 3) is amended by
striking out ``120 days'' and inserting in lieu thereof ``90 days''.
SEC. 847. REPEAL OF REQUIREMENT FOR CONTRACTOR GUARANTEES ON
MAJOR WEAPON SYSTEMS.
(a) Repeal.--Section 2403 of title 10, United States Code, is
repealed.
(b) Clerical and Conforming Amendments.--(1) The table of sections at
the beginning of chapter 141 of such title is amended by striking out
the item relating to section 2403.
(2) Section 803 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2604; 10 U.S.C. 2430 note) is
amended--
(A) in subsection (a), by striking out ``2403,'';
(B) by striking out subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
SEC. 848. REQUIREMENTS RELATING TO MICRO-PURCHASES.
(a) Requirement.--(1) Not later than October 1, 1998, at least 60
percent of all eligible purchases made by the Department of Defense for
an amount less than the micro-purchase threshold shall be made through
streamlined micro-purchase procedures.
(2) Not later than October 1, 2000, at least 90 percent of all
eligible purchases made by the Department of Defense for an amount less
than the micro-purchase threshold shall be made through streamlined
micro-purchase procedures.
(b) Eligible Purchases.--The Secretary of Defense shall establish
which purchases are eligible for purposes of subsection (a). In
establishing which purchases are eligible, the Secretary may exclude
those categories of purchases determined not to be appropriate or
practicable for streamlined micro-purchase procedures.
(c) Plan.--Not later than March 1, 1998, the Secretary of Defense
shall provide to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a plan to
implement this section.
(d) Report.--Not later than March 1 in each of the years 1999, 2000,
and 2001, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of this section. Each
report shall include--
(A) the total dollar amount of all Department of Defense purchases
for an amount less than the micro-purchase threshold in the fiscal year
preceding the year in which the report is submitted;
(B) the total dollar amount of such purchases that were considered
to be eligible purchases;
(C) the total amount of such eligible purchases that were made
through a streamlined micro-purchase method; and
(D) a description of the categories of purchases excluded from the
definition of eligible purchases established under subsection (b).
(e) Definitions.--In this section:
(1) The term ``micro-purchase threshold'' has the meaning provided
in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C.
428).
(2) The term ``streamlined micro-purchase procedures'' means
procedures providing for the use of the Government-wide commercial
purchase card or any other method for carrying out micro-purchases that
the Secretary of Defense prescribes in the regulations implementing this
subsection.
SEC. 849. PROMOTION RATE FOR OFFICERS IN AN ACQUISITION CORPS.
(a) Review of Acquisition Corps Promotion Selections.--Upon the
approval of the President or his designee of the report of a selection
board convened under section 611(a) of title 10, United States Code,
which considered members of an Acquisition Corps of a military
department for promotion to a grade above O 4, the Secretary of the
military department shall submit a copy of the report to the Under
Secretary of Defense for Acquisition and Technology for review.
(b) Reporting Requirement.--Not later than January 31 of each year,
the Under Secretary of Defense for Acquisition and Technology shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing the Under Secretary's assessment of the extent to which each
military department is complying with the requirement set forth in
section 1731(b) of title 10, United States Code.
(c) Termination of Requirements.--This section shall cease to be
effective on October 1, 2000.
SEC. 850. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
(a) Policy.--Section 30 of the Office of Federal Procurement Policy
Act (41 U.S.C. 426) is amended to read as follows:
``SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
``(a) In General.--The head of each executive agency, after
consulting with the Administrator, shall establish, maintain, and use,
to the maximum extent that is practicable and cost-effective, procedures
and processes that employ electronic commerce in the conduct and
administration of its procurement system.
``(b) Applicable Standards.--In conducting electronic commerce, the
head of an agency shall apply nationally and internationally recognized
standards that broaden interoperability and ease the electronic
interchange of information.
``(c) Agency Procedures.--The head of each executive agency shall
ensure that systems, technologies, procedures, and processes established
pursuant to this section--
``(1) are implemented with uniformity throughout the agency, to the
extent practicable;
``(2) are implemented only after granting due consideration to the
use or partial use, as appropriate, of existing electronic commerce and
electronic data interchange systems and infrastructures such as the
Federal acquisition computer network architecture known as FACNET;
``(3) facilitate access to Federal Government procurement
opportunities, including opportunities for small business concerns,
socially and economically disadvantaged small business concerns, and
business concerns owned predominantly by women; and
``(4) ensure that any notice of agency requirements or agency
solicitation for contract opportunities is provided in a form that
allows convenient and universal user access through a single,
Government-wide point of entry.
``(d) Implementation.--The Administrator shall, in carrying out the
requirements of this section--
``(1) issue policies to promote, to the maximum extent practicable,
uniform implementation of this section by executive agencies, with due
regard for differences in program requirements among agencies that may
require departures from uniform procedures and processes in appropriate
cases, when warranted because of the agency mission;
``(2) ensure that the head of each executive agency complies with
the requirements of subsection (c) with respect to the agency systems,
technologies, procedures, and processes established pursuant to this
section; and
``(3) consult with the heads of appropriate Federal agencies with
applicable technical and functional expertise, including the Office of
Information and Regulatory Affairs, the National Institute of Standards
and Technology, the General Services Administration, and the Department
of Defense.
``(e) Report.--Not later than March 1, 1998, and every year afterward
through 2003, the Administrator shall submit to Congress a report
setting forth in detail the progress made in implementing the
requirements of this section. The report shall include the following:
``(1) A strategic plan for the implementation of a Government-wide
electronic commerce capability.
``(2) An agency-by-agency summary of implementation of the
requirements of subsection (c), including timetables, as appropriate,
addressing when individual agencies will come into full compliance.
``(3) A specific assessment of compliance with the requirement in
subsection (c) to provide universal public access through a single,
Government-wide point of entry.
``(4) Beginning with the report submitted on March 1, 1999, an
agency-by-agency summary of the volume and dollar value of transactions
that were conducted using electronic commerce methods during the
previous calendar year.
``(5) A discussion of possible incremental changes to the electronic
commerce capability referred to in subsection (c)(4) to increase the
level of government contract information available to the private
sector, including an assessment of the advisability of including
contract award information in the electronic commerce functional
standard.
``(f) Electronic Commerce Defined.--For the purposes of this section,
the term `electronic commerce' means electronic techniques for
accomplishing business transactions, including electronic mail or
messaging, World Wide Web technology, electronic bulletin boards,
purchase cards, electronic funds transfers, and electronic data
interchange.''.
(b) Repeal of Requirements for Implementation of FACNET
Capability.--Section 30A of the Office of Federal Procurement Policy Act
(41 U.S.C. 426a) is repealed.
(c) Repeal of Requirement for GAO Report.--Section 9004 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 426a note) is
repealed.
(d) Repeal of Condition for Use of Simplified Acquisition
Procedures.--Section 31 of the Office of Federal Procurement Policy Act
(41 U.S.C. 427) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections (e) and
(f), respectively.
(e) Amendments to Procurement Notice Requirements.--(1) Section
8(g)(1) of the Small Business Act (15 U.S.C. 637(g)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G), and (H)
as subparagraphs (B), (C), (D), (E), (F), and (G), respectively; and
(C) by inserting before subparagraph (B), as so redesignated, the
following new subparagraph (A):
``(A) the proposed procurement is for an amount not greater than the
simplified acquisition threshold and is to be conducted by--
``(i) using widespread electronic public notice of the solicitation
in a form that allows convenient and universal user access through a
single, Government-wide point of entry; and
``(ii) permitting the public to respond to the solicitation
electronically.''.
(2) Section 18(c)(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(c)(1)) is amended--
(A) by striking out subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C), (D), (E), (F), (G), and (H)
as subparagraphs (B), (C), (D), (E), (F), and (G), respectively; and
(C) by inserting before subparagraph (B), as so redesignated, the
following new subparagraph (A):
``(A) the proposed procurement is for an amount not greater than the
simplified acquisition threshold and is to be conducted by--
``(i) using widespread electronic public notice of the solicitation
in a form that allows convenient and universal user access through a
single, Government-wide point of entry; and
``(ii) permitting the public to respond to the solicitation
electronically.''.
(3) The amendments made by paragraphs (1) and (2) shall be
implemented in a manner consistent with any applicable international
agreements.
(f) Conforming and Technical Amendments.--(1) Section 5061 of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 413 note) is
amended--
(A) in subsection (c)(4)--
(i) by striking out ``the Federal acquisition computer network
(`FACNET')'' and inserting in lieu thereof ``the electronic commerce'';
and
(ii) by striking out ``(as added by section 9001)''; and
(B) in subsection (e)(9)(A), by striking out ``, or by dissemination
through FACNET,''.
(2) Section 5401 of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104 106; 40 U.S.C. 1501) is amended--
(A) in subsection (a)--
(i) by striking out ``through the Federal Acquisition Computer
Network (in this section referred to as `FACNET')''; and
(ii) by striking out the last sentence;
(B) in subsection (b)--
(i) by striking out `` Additional FACNET Functions.--'' and all that
follows through ``(41 U.S.C. 426(b)), the FACNET architecture'' and
inserting in lieu thereof `` Functions.--(1) The system for providing
on-line computer access''; and
(ii) in paragraph (2), by striking out ``The FACNET architecture''
and inserting in lieu there for ``The system for providing on-line
computer access'';
(C) in subsection (c)(1), by striking out ``the FACNET
architecture'' and inserting in lieu thereof ``the system for providing
on-line computer access''; and
(D) by striking out subsection (d).
(3)(A) Section 2302c of title 10, United States Code, is amended to
read as follows:
``2302c. Implementation of electronic commerce capability
``(a) Implementation of Electronic Commerce Capability.--(1) The head
of each agency named in paragraphs (1), (5) and (6) shall implement the
electronic commerce capability required by section 30 of the Office of
Federal Procurement Policy Act (41 U.S.C. 426).
``(2) The Secretary of Defense shall act through the Under Secretary
of Defense for Acquisition and Technology to implement the capability
within the Department of Defense.
``(3) In implementing the electronic commerce capability pursuant to
paragraph (1), the head of an agency referred to in paragraph (1) shall
consult with the Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each agency named
in paragraph (5) or (6) of section 2303 of this title shall designate a
program manager to implement the electronic commerce capability for that
agency. The program manager shall report directly to an official at a
level not lower than the senior procurement executive designated for the
agency under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).''.
(B) Section 2304(g)(4) of such title 10 is amended by striking out
``31(g)'' and inserting in lieu thereof ``31(f)''.
(4)(A) Section 302C of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 252c) is amended to read as follows:
``SEC. 302C. IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.
``(a) Implementation of Electronic Commerce Capability.--(1) The head
of each executive agency shall implement the electronic commerce
capability required by section 30 of the Office of Federal Procurement
Policy Act (41 U.S.C. 426).
``(2) In implementing the electronic commerce capability pursuant to
paragraph (1), the head of an executive agency shall consult with the
Administrator for Federal Procurement Policy.
``(b) Designation of Agency Official.--The head of each executive
agency shall designate a program manager to implement the electronic
commerce capability for that agency. The program manager shall report
directly to an official at a level not lower than the senior procurement
executive designated for the executive agency under section 16(3) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).''.
(B) Section 303(g)(5) of the Federal Property and Administrative
Services Act (41 U.S.C. 253(g)(5)) is amended by striking out ``31(g)''
and inserting in lieu thereof ``31(f)''.
(g) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) The repeal made by subsection (c) of this section shall take
effect on the date of the enactment of this Act.
SEC. 851. CONFORMANCE OF POLICY ON PERFORMANCE BASED
MANAGEMENT OF CIVILIAN ACQUISITION PROGRAMS WITH POLICY ESTABLISHED FOR
DEFENSE ACQUISITION PROGRAMS.
(a) Performance Goals.--Section 313(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 263(a)) is amended to
read as follows:
``(a) Congressional Policy.--It is the policy of Congress that the
head of each executive agency should achieve, on average, 90 percent of
the cost, performance, and schedule goals established for major
acquisition programs of the agency.''.
(b) Conforming Amendment to Reporting Requirement.--Section 6(k) of
the Office of Federal Procurement Policy Act (41 U.S.C. 405(k)) is
amended by inserting ``regarding major acquisitions that is'' in the
first sentence after ``policy''.
SEC. 852. MODIFICATION OF PROCESS REQUIREMENTS FOR THE
SOLUTIONS-BASED CONTRACTING PILOT PROGRAM.
(a) Source Selection.--Paragraph (9) of section 5312(c) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104 106; 40
U.S.C. 1492(c)) is amended--
(1) in subparagraph (A), by striking out ``, and ranking of
alternative sources,'' and inserting in lieu thereof ``or sources,'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``(or a longer
period, if approved by the Administrator)'' after ``30 to 60 days'';
(B) in clause (i), by inserting ``or sources'' after ``source''; and
(C) in clause (ii), by striking out ``that source'' and inserting in
lieu thereof ``the source whose offer is determined to be most
advantageous to the Government''; and
(3) in subparagraph (C), by striking out ``with alternative sources
(in the order ranked)''.
(b) Time Management Discipline.--Paragraph (12) of such section is
amended by inserting before the period at the end the following: ``,
except that the Administrator may approve the application of a longer
standard period''.
SEC. 853. GUIDANCE AND STANDARDS FOR DEFENSE ACQUISITION
WORKFORCE TRAINING REQUIREMENTS.
The Secretary of Defense shall develop appropriate guidance and
standards to ensure that the Department of Defense will continue, where
appropriate and cost-effective, to enter into contracts for the training
requirements of sections 1723, 1724, and 1735 of title 10, United States
Code, while maintaining appropriate control over the content and quality
of such training.
SEC. 854. STUDY AND REPORT TO CONGRESS ASSESSING DEPENDENCE ON
FOREIGN SOURCES FOR RESISTORS AND CAPACITORS.
(a) Study.--The Secretary of Defense shall conduct a study of the
capacitor and resistor industries in the United States and the degree of
United States dependence on foreign sources for resistors and
capacitors.
(b) Report.--Not later than May 1, 1998, the Secretary shall submit
to Congress a report on the results of the study under subsection (a).
The report shall include the following:
(1) An assessment of the industrial base for the production of
resistors and capacitors within the United States and a projection of
any changes in that base that are likely to occur after the
implementation of relevant tariff reductions required by the Information
Technology Agreement entered into at the World Trade Organization
Ministerial in Singapore in December 1996.
(2) An assessment of the level of dependence on foreign sources for
procurement of resistors and capacitors and a projection of the level of
dependence on foreign sources that is likely to occur after the
implementation of relevant tariff reductions required by the Information
Technology Agreement.
(3) The implications for the national security of the United States
of the projections reported under paragraphs (1) and (2).
(4) Recommendations for appropriate changes, if any, in defense
procurement policies or other Federal policies based on such
implications.
SEC. 855. DEPARTMENT OF DEFENSE AND FEDERAL PRISON INDUSTRIES
JOINT STUDY.
(a) Study of Existing Procurement Procedures.--The Secretary of
Defense and the Director of Federal Prison Industries shall jointly
conduct a study of the procurement procedures, regulations, and statutes
that govern procurement transactions between the Department of Defense
and Federal Prison Industries.
(b) Report.--(1) The Secretary and the Director shall, not later than
180 days after the date of the enactment of this Act, submit to the
committees listed in paragraph (2) a report containing the findings of
the study and recommendations on the means to improve the efficiency and
reduce the cost of transactions described in subsection (a).
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Armed Services and the Committee on the
Judiciary of the Senate.
(B) The Committee on National Security and the Committee on the
Judiciary of the House of Representatives.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DEPARTMENT OF DEFENSE POSITIONS AND ORGANIZATIONS AND OTHER
GENERAL MATTERS
Sec. 901. Assistants to the Chairman of the Joint Chiefs of Staff
for National Guard matters and for Reserve matters.
Sec. 902. Use of CINC Initiative Fund for force protection.
Sec. 903. Revision to required frequency for provision of policy
guidance for contingency plans.
Sec. 904. Annual justification for Department of Defense advisory
committees.
Sec. 905. Airborne reconnaissance management.
Sec. 906. Termination of the Armed Services Patent Advisory Board.
Sec. 907. Coordination of Department of Defense criminal
investigations and audits.
SUBTITLE B--DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT
Sec. 911. Reduction in personnel assigned to management
headquarters and headquarters support activities.
Sec. 912. Defense acquisition workforce.
SUBTITLE C--DEPARTMENT OF DEFENSE SCHOOLS AND CENTERS
Sec. 921. Professional military education schools.
Sec. 922. Center for Hemispheric Defense Studies.
Sec. 923. Correction to reference to George C. Marshall European
Center for Security Studies.
SUBTITLE D--DEPARTMENT OF DEFENSE INTELLIGENCE-RELATED MATTERS
Sec. 931. Transfer of certain military department programs from
TIARA budget aggregation.
Sec. 932. Report on coordination of access of commanders and
deployed units to intelligence collected and analyzed by the
intelligence community.
Sec. 933. Protection of imagery, imagery intelligence, and
geospatial information and data.
Sec. 934. POW/MIA intelligence analysis.
Subtitle A--Department of Defense Positions and Organizations
and Other General Matters
SEC. 901. ASSISTANTS TO THE CHAIRMAN OF THE JOINT CHIEFS OF
STAFF FOR NATIONAL GUARD MATTERS AND FOR RESERVE MATTERS.
(a) Establishment of Positions.--The Secretary of Defense shall
establish the following positions within the Joint Staff:
(1) Assistant to the Chairman of the Joint Chiefs of Staff for
National Guard Matters.
(2) Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters.
(b) Selection.--(1) The Assistant to the Chairman of the Joint Chiefs
of Staff for National Guard Matters shall be selected by the Chairman
from officers of the Army National Guard of the United States or the Air
Guard of the United States who--
(A) are recommended for such selection by their respective Governors
or, in the case of the District of Columbia, the commanding general of
the District of Columbia National Guard;
(B) have had at least 10 years of federally recognized commissioned
service in the National Guard; and
(C) are in a grade above the grade of colonel.
(2) The Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters shall be selected by the Chairman from officers of the
Army Reserve, the Naval Reserve, the Marine Corps Reserve or the Air
Force Reserve who--
(A) are recommended for such selection by the Secretary of the
military department concerned;
(B) have had at least 10 years of commissioned service in their
reserve component; and
(C) are in a grade above the grade of colonel or, in the case of the
Naval Reserve, captain.
(c) Term of Office.--Each Assistant to the Chairman under subsection
(a) serves at the pleasure of the Chairman for a term of two years and
may be continued in that assignment in the same manner for one
additional term. However, in time of war there is no limit on the number
of terms.
(d) Grade.--Each Assistant to the Chairman, while so serving, holds
the grade of major general or, in the case of the Naval Reserve, rear
admiral. Each such officer shall be considered to be serving in a
position external to that officer's Armed Force for purposes of section
721 of title 10, United States Code, as added by section 501(a).
(e) Duties.--The Assistant to the Chairman for National Guard Matters
is an adviser to the Chairman on matters relating to the National Guard
and performs the duties prescribed for that position by the Chairman.
The Assistant to the Chairman for Reserve Matters is an adviser to the
Chairman on matters relating to the reserves and performs the duties
prescribed for that position by the Chairman.
(f) Other Reserve Component Representation on Joint Staff.--(1) The
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs, shall develop appropriate policy guidance to ensure that, to the
maximum extent practicable, the level of reserve component officer
representation within the Joint Staff is commensurate with the
significant role of the reserve components within the Total Force.
(2) Not later than March 1, 1998, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report describing the steps
taken and being taken to implement this subsection.
(g) Effective Date.--The positions specified in subsection (a) shall
be established by the Secretary of Defense not later than 60 days after
the date of the enactment of this Act.
SEC. 902. USE OF CINC INITIATIVE FUND FOR FORCE PROTECTION.
Section 166a(b) of title 10, United States Code, is amended by adding
at the end the following:
``(9) Force protection.''.
SEC. 903. REVISION TO REQUIRED FREQUENCY FOR PROVISION OF
POLICY GUIDANCE FOR CONTINGENCY PLANS.
Section 113(g)(2) of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``annually''; and
(2) in the second sentence, by inserting ``be provided every two
years or more frequently as needed and shall'' after ``Such guidance
shall''.
SEC. 904. ANNUAL JUSTIFICATION FOR DEPARTMENT OF DEFENSE
ADVISORY COMMITTEES.
(a) Annual Justification Required.--Chapter 7 of title 10, United
States Code, is amended by adding after section 182, as added by section
382(a)(1), the following new section:
``183. Advisory committees: annual justification required
``(a) Annual Report.--The Secretary of Defense shall include in the
annual report of the Secretary under section 113(c) of this title a
report on advisory committees of the Department of Defense. In each such
report, the Secretary shall--
``(1) identify each advisory committee that the Secretary proposes
to support, or that the Secretary is required by law or direction from
the President to support, during the next fiscal year; and
``(2) for each committee identified under paragraph (1), set forth--
``(A) the justification or requirement for that committee; and
``(B) the projected cost to the Department of Defense to support
that committee during the next fiscal year.
``(b) Advisory Committee Defined.--In this section, the term
`advisory committee' means an entity that is subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
182, as added by section 382(a)(2), the following new item:
``183. Advisory committees: annual justification required.''.
SEC. 905. AIRBORNE RECONNAISSANCE MANAGEMENT.
(a) Reorganization of Defense Airborne Reconnaissance
Management.--Not later than September 30, 1998, the Secretary of Defense
shall reorganize the management of defense airborne reconnaissance
within the Department
of Defense in accordance with the plan developed under subsection (b).
(b) Plan and Report.--(1) The Secretary of Defense shall develop a
plan to reorganize the following organizations by transferring functions
as required under subsections (c) and (d):
(A) The organization within the Department of Defense that is
subordinate to the Under Secretary of Defense for Acquisition and
Technology and known as the Defense Airborne Reconnaissance Office.
(B) The organization within the Department of Defense that is
subordinate to the Secretary of the Navy and known as the Unmanned
Aerial Vehicle Joint Program Office.
(2) The Secretary shall submit to the congressional defense
committees a report containing--
(A) the plan developed under paragraph (1); and
(B) an explanation of how the plan addresses the findings and
recommendations in the final report of the Task Force on Defense Reform
(established by the Secretary of Defense on May 14, 1997, and headed by
the Deputy Secretary of Defense).
(3) The plan under paragraph (1) shall be developed, and the report
under paragraph (2) shall be submitted, not later than March 1, 1998.
(c) Transfer of Certain Functions to Secretaries of Military
Departments.--(1) Not later than September 30, 1998, the Secretary of
Defense shall transfer to the Secretaries of the military departments
those functions specified in paragraph (2) that were performed on the
day before the date of the enactment this Act by the Defense Airborne
Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program
Office.
(2) The functions referred to in paragraph (1) are the functions of
the Defense Airborne Reconnaissance Office and the Unmanned Aerial
Vehicle Joint Program Office relating to their responsibilities for
acquisition of systems, budgeting, program management (for research,
development, test, and evaluation, for procurement, for life-cycle
support, and for operations), and related responsibilities for
individual airborne reconnaissance programs.
(d) Transfer of Certain Functions to Defense Airborne Reconnaissance
Office.--(1) Not later than September 30, 1998, the Secretary of Defense
shall transfer to the Defense Airborne Reconnaissance Office those
functions specified in paragraph (2) that were performed on the day
before the date of the enactment of this Act by the Unmanned Aerial
Vehicle Joint Program Office.
(2) The functions referred to in paragraph (1) are the functions of
the Unmanned Aerial Vehicle Joint Program Office relating to its
responsibilities for management and oversight of defense airborne
reconnaissance architecture, requirements, and system interfaces (other
than the responsibilities specified in subsection (c)(2)).
SEC. 906. TERMINATION OF THE ARMED SERVICES PATENT ADVISORY BOARD.
(a) Termination of Board.--The organization within the Department of
Defense known as the Armed Services Patent Advisory Board is terminated.
No funds available for the Department of Defense may be used for the
operation of that Board after the effective date specified in subsection
(c).
(b) Transfer of Functions.--All functions performed on the day before
the date of the enactment of this Act by the Armed Services Patent
Advisory Board (including performance of the responsibilities of the
Department of Defense for security review of patent applications under
chapter 17 of title 35, United States Code) shall be transferred to the
Defense Technology Security Administration.
(c) Effective Date.--Subsection (a) shall take effect at the end of
the 120-day period beginning on the date of the enactment of this Act.
SEC. 907. COORDINATION OF DEPARTMENT OF DEFENSE CRIMINAL
INVESTIGATIONS AND AUDITS.
(a) Military Department Criminal Investigative Organizations.--(1)
The heads of the military department criminal investigative
organizations shall take such action as may be practicable to conserve
the limited resources available to the military department criminal
investigative organizations by sharing personnel, expertise,
infrastructure, training, equipment, software, and other resources.
(2) The heads of the military department criminal investigative
organizations shall meet on a regular basis to determine the manner in
which and the extent to which the military department criminal
investigative organizations will be able to share resources.
(b) Defense Auditing Organizations.--(1) The heads of the defense
auditing organizations shall take such action as may be practicable to
conserve the limited resources available to the defense auditing
organizations by sharing personnel, expertise, infrastructure, training,
equipment, software, and other resources.
(2) The heads of the defense auditing organizations shall meet on a
regular basis to determine the manner in which and the extent to which
the defense auditing organizations will be able to share resources.
(c) Implementation Plan.--Not later than December 31, 1997, the
Secretary of Defense shall submit to Congress a plan designed to
maximize the resources available to the military department criminal
investigative organizations and the defense auditing organizations, as
required by this section.
(d) Definitions.--For purposes of this section:
(1) The term ``military department criminal investigative
organizations'' means--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service; and
(C) the Air Force Office of Special Investigations.
(2) The term ``defense auditing organizations'' means--
(A) the Office of the Inspector General of the Department of Defense;
(B) the Defense Contract Audit Agency;
(C) the Army Audit Agency;
(D) the Naval Audit Service; and
(E) the Air Force Audit Agency.
Subtitle B--Department of Defense Personnel Management
SEC. 911. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT
HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVITIES.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``130a. Management headquarters and headquarters support
activities personnel: limitation
``(a) Limitation.--Effective October 1, 2002, the number of
management headquarters and headquarters support activities personnel in
the Department of Defense may not exceed 75 percent of the baseline
number.
``(b) Phased Reduction.--The number of management headquarters and
headquarters support activities personnel in the Department of Defense--
``(1) as of October 1, 1998, may not exceed 95 percent of the
baseline number;
``(2) as of October 1, 1999, may not exceed 90 percent of the
baseline number;
``(3) as of October 1, 2000, may not exceed 85 percent of the
baseline number; and
``(4) as of October 1, 2001, may not exceed 80 percent of the
baseline number.
``(c) Baseline Number.--In this section, the term `baseline number'
means the number of management headquarters
and headquarters support activities personnel in the
Department of Defense as of October 1, 1997.
``(d) Limitation on Management Headquarters and Headquarters Support
Personnel Assigned to the United States Transportation Command.--(1)
Effective October 1, 1998, the number of management headquarters
activities and management headquarters support activities personnel
assigned to, or employed in, the United States Transportation Command
may not exceed the number equal to 95 percent of the number of such
personnel as of October 1, 1997.
``(2) For purposes of paragraph (1), the United States Transportation
Command shall be considered to include the following:
``(A) The United States Transportation Command Headquarters.
``(B) The Air Mobility Command of the Air Force.
``(C) The Military Sealift Command of the Navy.
``(D) The Military Traffic Management Command of the Army.
``(E) The Defense Courier Service.
``(F) Any other element of the Department of Defense assigned to the
United States Transportation Command.
``(3) The Secretary of Defense may waive or suspend operation of
paragraph (1) in the event of a war or national emergency.
``(e) Management Headquarters and Headquarters Support Activities
Personnel Defined.--In this section:
``(1) The term `management headquarters and headquarters support
activities personnel' means military and civilian personnel of the
Department of Defense who are assigned to, or employed in, functions in
management headquarters activities or in management headquarters support
activities.
``(2) The terms `management headquarters activities' and `management
headquarters support activities' have the meanings given those terms in
Department of Defense Directive 5100.73, entitled `Department of Defense
Management Headquarters and Headquarters Support Activities', as in
effect on November 12, 1996.
``(f) Limitation on Reassignment of Functions.--In carrying out
reductions in the number of personnel assigned to, or employed in,
management headquarters and headquarters support activities in order to
comply with this section, the Secretary of Defense and the Secretaries
of the military departments may not reassign functions in order to evade
the requirements of this section.
``(g) Flexibility.--If the Secretary of Defense determines, and
certifies to Congress, that the limitation in subsection (b) with
respect to any fiscal year would adversely affect United States national
security, the Secretary may waive the limitation under that subsection
with respect to that fiscal year. If the Secretary of Defense
determines, and certifies to Congress, that the limitation in subsection
(a) during fiscal year 2001 would adversely affect United States
national security, the Secretary may waive the limitation under that
subsection with respect to that fiscal year. The authority under this
subsection may be used only once, with respect to a single fiscal
year.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``130a. Management headquarters and headquarters support
activities personnel: limitation.''.
(b) Implementation Report.--Not later than January 15, 1998, the
Secretary of Defense shall submit to Congress a report--
(1) containing a plan to achieve the personnel reductions required
by section 130a of title 10, United States Code, as added by subsection
(a); and
(2) including the recommendations of the Secretary regarding--
(A) the revision, replacement, or augmentation of Department of
Defense Directive 5100.73, entitled ``Department of Defense Management
Headquarters
and Headquarters Support Activities'', as in effect on
November 12, 1996; and
(B) the revision of the definitions of the terms ``management
headquarters activities'' and ``management headquarters support
activities'' under that Directive so that those terms apply uniformly
throughout the Department of Defense.
(c) Duties of Task Force on Defense Reform to Include Consideration
Of Management Headquarters Activities.--(1) The Secretary of Defense
shall require that the areas of study of the Task Force on Defense
Reform (established by the Secretary of Defense on May 14, 1997, and
headed by the Deputy Secretary of Defense) include an examination of the
missions, functions, and responsibilities of the various management
headquarters activities and management headquarters support activities
of the Department of Defense. In carrying out that examination of those
activities, the Task Force shall identify areas of duplication in those
activities and recommend to the Secretary options to streamline, reduce,
and eliminate redundancies.
(2) The examination of the missions, functions, and responsibilities
of the various management headquarters activities and management
headquarters support activities of the Department of Defense under
paragraph (1) shall include the following:
(A) An assessment of benefits of consolidation or selected
elimination of Department of Defense management headquarters activities
and management headquarters support activities.
(B) An assessment of the opportunities to streamline the management
headquarters and management headquarters support infrastructure that
were realized as a result of the enactment of the Federal Acquisition
Streamlining Act of 1994 (Public Law 103 355) and the Clinger-Cohen Act
of 1996 (divisions D and E of Public Law 104 106) or as result of other
management reform initiatives implemented administratively during the
period from 1993 through 1997.
(C) An assessment of such other options for streamlining or
restructuring the management headquarters and management headquarters
support infrastructure as the Task Force considers appropriate and as
can be carried out under existing provisions of law.
(3) Not later than March 1, 1998, the Secretary of Defense shall
submit to Congress a report on the results of the examination by the
Task Force under this subsection. The Secretary shall include in the
report any report to the Secretary from the Task Force with respect to
the matters described in paragraphs (1) and (2).
(d) Codification of Prior Permanent Limitation on OSD Personnel.--(1)
Chapter 4 of title 10, United States Code, is amended by adding at the
end a new section 143 consisting of--
(A) a heading as follows:
``143. Office of the Secretary of Defense personnel: limitation'';
and
(B) a text consisting of the text of subsections (a) through (f) of
section 903 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201; 110 Stat. 2617).
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``143. Office of the Secretary of Defense personnel: limitation.''.
(3) Section 903 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2617) is repealed.
SEC. 912. DEFENSE ACQUISITION WORKFORCE.
(a) Reduction of Defense Acquisition Workforce.--(1) The Secretary of
Defense shall accomplish reductions in defense acquisition personnel
positions during fiscal year 1998 so that the total number of such
personnel as
of October 1, 1998, is less than the total number of such
personnel as of October 1, 1997, by at least the applicable number
determined under paragraph (2).
(2)(A) The applicable number for purposes of paragraph (1) is 25,000.
However, the Secretary of Defense may specify a lower number, which may
not be less than 10,000, as the applicable number for purposes of
paragraph (1) if the Secretary determines, and certifies to Congress not
later than June 1, 1998, that an applicable number greater than the
number specified by the Secretary would be inconsistent with the
cost-effective management of the defense acquisition system to obtain
best value equipment and would adversely affect military readiness.
(B) The Secretary shall include with such a certification a detailed
explanation of each of the matters certified.
(C) The authority of the Secretary under subparagraph (A) may only be
delegated to the Deputy Secretary of Defense.
(3) For purposes of this subsection, the term ``defense acquisition
personnel'' means military and civilian personnel (other than civilian
personnel who are employed at a maintenance depot) who are assigned to,
or employed in, acquisition organizations of the Department of Defense
(as specified in Department of Defense Instruction numbered 5000.58
dated January 14, 1992).
(b) Report on Specific Acquisition Positions Previously
Eliminated.--Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a report on
reductions in the defense acquisition workforce made since fiscal year
1989. The report shall show aggregate reductions by fiscal year and
shall show for each fiscal year reductions identified by specific job
title, classification, or position. The report shall also identify those
reductions carried out pursuant to law (and how the Secretary
implemented any statutory requirement for such reductions, including
definition of the workforce subject to the reduction) and those
reductions carried out as a result of base closures and realignments
under the so-called BRAC process. The Secretary shall include in the
report a definition of the term ``defense acquisition workforce'' that
is to be applied uniformly throughout the Department of Defense.
(c) Implementation Plan To Streamline and Improve Acquisition
Organizations.--(1) Not later than April 1, 1998, the Secretary of
Defense shall submit to Congress a report containing a plan to
streamline the acquisition organizations, workforce, and infrastructure
of the Department of Defense. The Secretary shall include with the
report a detailed discussion of the recommendations of the Secretary
based on the review under subsection (d) and the assessment of the Task
Force on Defense Reform pursuant to subsection (e), together with a
request for the enactment of any legislative changes necessary for
implementation of the plan. The Secretary shall include in the report
the results of the review under subsection (d) and the independent
assessment of the Task Force on Defense Reform pursuant to subsection
(e).
(2) In carrying out this subsection and subsection (d), the Secretary
of Defense shall formally consult with the Chairman of the Joint Chiefs
of Staff, the Director of Program Analysis and Evaluation, the Under
Secretary of Defense (Comptroller), and the Under Secretary for
Acquisition and Technology.
(d) Review of Acquisition Organizations and Functions.--The Secretary
of Defense shall conduct a review of the organizations and functions of
the Department of Defense acquisition activities and of the personnel
required to carry out those functions. The review shall identify the
following:
(1) Opportunities for cross-service, cross-functional arrangements
within the military services and defense agencies.
(2) Specific areas of overlap, duplication, and redundancy among the
various acquisition organizations.
(3) Opportunities to further streamline acquisition processes.
(4) Benefits of an enhanced Joint Requirements Oversight Council in
the acquisition process.
(5) Alternative consolidation options for acquisition organizations.
(6) Alternative methods for performing industry oversight and
quality assurance.
(7) Alternative options to shorten the procurement cycle.
(8) Alternative acquisition infrastructure reduction options within
current authorities.
(9) Alternative organizational arrangements that capitalize on core
acquisition competencies among the military services and defense
agencies.
(10) Future acquisition personnel requirements of the Department.
(11) Adequacy of the Program, Plans, and Budgeting System in
fulfilling current and future acquisition needs of the Department.
(12) Effect of technology and advanced management tools in the
future acquisition system.
(13) Applicability of more flexible alternative approaches to the
current civil service system for the acquisition workforce.
(14) Adequacy of Department of Defense Instruction numbered 5000.58
dated January 14, 1992.
(e) Duties of Task Force on Defense Reform to Include Consideration
Of Acquisition Organizations.--(1) The Secretary of Defense shall
require that the areas of study of the Task Force on Defense Reform
(established by the Secretary of Defense on May 14, 1997, and headed by
the Deputy Secretary of Defense) include an examination of the missions,
functions, and responsibilities of the various acquisition organizations
of the Department of Defense, including the acquisition workforce of the
Department. In carrying out that examination of those organizations and
that workforce, the Task Force shall identify areas of duplication in
defense acquisition organization and recommend to the Secretary options
to streamline, reduce, and eliminate redundancies.
(2) The examination of the missions, functions, and responsibilities
of the various acquisition organizations of the Department of Defense
under paragraph (1) shall include the following:
(A) An assessment of benefits of consolidation or selected
elimination of Department of Defense acquisition organizations.
(B) An assessment of the opportunities to streamline the defense
acquisition infrastructure that were realized as a result of the
enactment of the Federal Acquisition Streamlining Act of 1994 (Public
Law 103 355) and the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104 106) or as result of other acquisition reform initiatives
implemented administratively during the period from 1993 through 1997.
(C) An assessment of such other options for streamlining or
restructuring the defense acquisition infrastructure as the Task Force
considers appropriate and as can be carried out under existing
provisions of law.
(3) Not later than March 1, 1998, the Task Force shall submit to the
Secretary a report on the results of its review of the acquisition
organizations of the Department of Defense, including any
recommendations of the Task Force for improvements to those
organizations.
(f) Technical Reference Correction.--Section 1721(c) of title 10,
United States Code, is amended by striking out ``November 25, 1988'' and
inserting in lieu thereof ``November 12, 1996''.
Subtitle C--Department of Defense Schools and Centers
SEC. 921. PROFESSIONAL MILITARY EDUCATION SCHOOLS.
(a) Component Institutions of the National Defense University.--(1)
Chapter 108 of title 10, United States Code, is amended by adding at the
end the following new section:
``2165. National Defense University: component institutions
``(a) In General.--There is a National Defense University in the
Department of Defense.
``(b) Component Institutions.--The National Defense University
consists of the following institutions:
``(1) The National War College.
``(2) The Industrial College of the Armed Forces.
``(3) The Armed Forces Staff College.
``(4) The Institute for National Strategic Studies.
``(5) The Information Resources Management College.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2165. National Defense University: component institutions.''.
(b) Marine Corps University as Professional Military Education
School.--Subsection (d) of section 2162 of such title is amended to read
as follows:
``(d) Professional Military Education Schools.--This section applies
to each of the following professional military education schools:
``(1) The National Defense University.
``(2) The Army War College.
``(3) The College of Naval Warfare.
``(4) The Air War College.
``(5) The United States Army Command and General Staff College.
``(6) The College of Naval Command and Staff.
``(7) The Air Command and Staff College.
``(8) The Marine Corps University.''.
(c) Repeal of Duplicative Definition.--Section 1595(d) of such title
is amended--
(1) by striking out ``(1)'' before ``In the case of''; and
(2) by striking out paragraph (2).
SEC. 922. CENTER FOR HEMISPHERIC DEFENSE STUDIES.
(a) Institution of the National Defense University.--Subsection (b)
of section 2165 of title 10, United States Code, as added by section
921(a)(1), is amended by adding at the end the following new paragraph:
``(6) The Center for Hemispheric Defense Studies.''.
(b) Civilian Faculty Members.--Section 1595 of title 10, United
States Code, is amended by striking out subsections (e) and (f) and
inserting in lieu thereof the following:
``(e) Applicability to Director and Deputy Director at Certain
Institutions.--In addition to the persons specified in subsection (a),
this section also applies with respect to the Director and the Deputy
Director of the following:
``(1) The George C. Marshall European Center for Security Studies.
``(2) The Asia-Pacific Center for Security Studies.
``(3) The Center for Hemispheric Defense Studies.''.
SEC. 923. CORRECTION TO REFERENCE TO GEORGE C. MARSHALL
EUROPEAN CENTER FOR SECURITY STUDIES.
(a) Correction to Reference to Name of Center.--Subsection (a) of
section 506 of the Intelligence Authorization Act, Fiscal Year 1990
(Public Law 101 193; 8 U.S.C. 1430 note), is amended by striking out
``the United States Army Russian Institute'' and inserting in lieu
thereof ``the George C. Marshall European Center for Security Studies''.
(b) Section Heading.--The heading of such section is amended to read
as follows:
``requirements for citizenship for staff of george c. marshall european
center for security studies''.
Subtitle D--Department of Defense Intelligence Matters
SEC. 931. TRANSFER OF CERTAIN MILITARY DEPARTMENT PROGRAMS
FROM TIARA BUDGET AGGREGATION.
(a) Transfer.--Effective March 1, 1998, the Secretary of Defense
shall, for each program identified by the Secretary under subsection
(c)(2), transfer the management and budgeting of funds for that program
from the TIARA budget aggregation to a nonintelligence budget activity
of the military department responsible for that program.
(b) Assessment.--The Secretary of Defense shall conduct an assessment
of the policy of the Department of Defense that is used for determining
the programs of the Department that are included within the TIARA budget
aggregation. In conducting the assessment, the Secretary--
(1) shall consider whether the current policy is in need of revision
to reflect changes in technology and battlefield use of TIARA systems;
(2) shall specifically consider the appropriateness of the continued
inclusion in the TIARA budget aggregation of each of the programs
described in subsection (e); and
(3) may consider the appropriateness of the continued inclusion in
the TIARA budget aggregation of any other program (in addition to the
programs described to in subsection (e)) that as of the date of the
enactment of this Act is managed and budgeted as part of the TIARA
budget aggregation.
(c) Report.--Not later than March 1, 1998, the Secretary of Defense
shall submit to Congress a report on the assessment carried out under
section (b). The Secretary shall include in the report--
(1) a description of any proposed changes to Department of Defense
policies for determining which programs are included in the TIARA budget
aggregation; and
(2) identification of each program (among the programs considered
pursuant to paragraphs (2) and (3) of subsection (b)) for which the
management and budgeting of funds is to be transferred under subsection
(a).
(d) Identification of Programs.--(1) In specifying the programs to be
included on the list under subsection (c)(2), the Secretary--
(A) shall (except as otherwise provided pursuant to a waiver under
paragraph (2)) include each program described in subsection (e); and
(B) may include such additional programs considered in the
assessment pursuant to subsection (b)(3) as the Secretary determines
appropriate.
(2) The Secretary, after considering the results of the assessment
under subsection (c), may waive the applicability of paragraph (1)(A) to
any program described in subsection (e). The Secretary shall include in
the report under subsection (c) identification of each such program for
which the Secretary has granted such a waiver and supporting rationale
for each waiver.
(e) Covered Programs.--The programs described in this subsection are
the following (each of which, as of the date of the enactment of this
Act, is managed and budgeted as part of the TIARA budget aggregation):
(1) Each targeting or target acquisition program of the Department
of Defense, including the Joint Surveillance and Target Attack Radar
System (JSTARS) and the Advanced Deployable System.
(2) Each Tactical Warning and Attack Assessment program of the
Department of Defense, including the Defense Support Program, the
Space-Based Infrared Program, and early warning radars.
(3) Each tactical communications system of the Department of
Defense, including the Joint Tactical Terminal.
(f) TIARA Budget Aggregation Defined.--For purposes of this section,
the term ``TIARA budget aggregation'' means the aggregation of programs
of the Department of Defense for which funds are managed and budgeted
through a common designation as Tactical Intelligence and Related
Activities (TIARA) of the Department of Defense.
SEC. 932. REPORT ON COORDINATION OF ACCESS OF COMMANDERS AND
DEPLOYED UNITS TO INTELLIGENCE COLLECTED AND ANALYZED BY THE
INTELLIGENCE COMMUNITY.
(a) Findings.--Congress makes the following findings:
(1) Coordination of operational intelligence support for the
commanders of the combatant commands and deployed units of the Armed
Forces has proven to be inadequate.
(2) Procedures used to reconcile information among various
intelligence community and Department of Defense data bases have proven
to be inadequate and, being inadequate, have diminished the usefulness
of that information and have precluded commanders and planners within
the Armed Forces from fully benefiting from key information that should
have been available to them.
(3) Excessive compartmentalization of responsibilities and
information within the Department of Defense and the other elements of
the intelligence community has resulted in inaccurate analysis of
important intelligence material.
(4) Excessive restrictions on the distribution of information within
the executive branch have disadvantaged units of the Armed Forces that
would have benefited most from the information.
(5) Procedures used in the Department of Defense to ensure that
critical intelligence information is provided to the right combat units
in a timely manner failed during the Persian Gulf War and, as a result,
information about potential chemical weapons storage locations did not
reach the units that eventually destroyed those storage areas.
(6) A recent, detailed review of the events leading to and following
the destruction of chemical weapons by members of the Armed Forces at
Khamisiyah, Iraq, during the Persian Gulf War has revealed a number of
inadequacies in the way the Department of Defense and the other elements
of the intelligence community handled, distributed, recorded, and stored
intelligence information about the threat of exposure of United States
forces to chemical weapons and the toxic agents in those weapons.
(7) The inadequacy of procedures for recording the receipt of, and
reaction to, intelligence reports provided by the intelligence community
to combat units of the Armed Forces during the Persian Gulf War has
caused it to be impossible to analyze the failures in transmission of
intelligence-related information on the location of chemical weapons at
Khamisiyah, Iraq, that resulted in the demolition of chemical weapons by
members of the Armed Forces unaware of the hazards to which they were
exposed.
(b) Report Requirement.--Not later than March 1, 1998, the Secretary
of Defense shall submit to Congress a report that identifies the
specific actions that have been taken or are being taken to ensure that
there is adequate coordination of access of commanders of the combatant
commands and deployed units of the Armed Forced to intelligence
collected and analyzed by the intelligence community.
SEC. 933. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND
GEOSPATIAL INFORMATION AND DATA.
(a) Protection of Information on Capabilities.--Paragraph (1)(B) of
section 455(b) of title 10, United States Code, is amended by inserting
``, or capabilities,'' after ``methods''.
(b) Products Protected.--(1) Paragraph (2) of such section is amended
to read as follows:
``(2) In this subsection, the term `geodetic product' means imagery,
imagery intelligence, or geospatial information.''.
(2) Section 467(4) of title 10, United States Code, is amended--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) in subparagraph (B), by striking out ``and geodetic data; and''
and inserting in lieu thereof ``geodetic data, and related products.'';
and
(C) by striking out subparagraph (C).
SEC. 934. POW/MIA INTELLIGENCE ANALYSIS.
(a) Intelligence Analysis.--The Director of Central Intelligence, in
consultation with the Secretary of Defense, shall provide intelligence
analysis on matters concerning prisoners of war and missing persons (as
defined in chapter 76 of title 10, United States Code) to all
departments and agencies of the Federal Government involved in such
matters.
(b) Use of Intelligence in Analysis of POW/MIA Cases in Department of
Defense.--The Secretary of Defense shall ensure that the Defense
Prisoner of War/Missing Personnel Office of the Department of Defense
takes into full account all intelligence regarding matters concerning
prisoners of war and missing persons (as defined in chapter 76 of title
10, United States Code) in analyzing cases involving such persons.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year
1997 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental
appropriations for fiscal year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Revision of authority for Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding
contracts for which a small final payment is due.
Sec. 1008. Biennial financial management improvement plan.
Sec. 1009. Estimates and requests for procurement and military
construction for the reserve components.
Sec. 1010. Sense of Congress regarding funding for reserve
component modernization not requested in President's budget.
Sec. 1011. Management of working-capital funds.
Sec. 1012. Authority of Secretary of Defense to settle claims
relating to pay, allowances, and other benefits.
Sec. 1013. Payment of claims by members for loss of personal
property due to flooding in Red River Basin.
Sec. 1014. Advances for payment of public services.
Sec. 1015. United States Man and the Biosphere Program limitation.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1021. Procedures for sale of vessels stricken from the Naval
Vessel Register.
Sec. 1022. Authority to enter into a long-term charter for a
vessel in support of the Surveillance Towed-Array Sensor (SURTASS)
program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
Sec. 1024. Congressional review period with respect to transfer of
ex-U.S.S. Hornet (CV 12) and ex-U.S.S. Midway (CV 41).
Sec. 1025. Transfers of naval vessels to certain foreign countries.
Sec. 1026. Reports relating to export of vessels that may contain
polychlorinated biphenyls.
Sec. 1027. Conversion of defense capability preservation authority
to Navy shipbuilding capability preservation authority.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1031. Use of National Guard for State drug interdiction and
counter-drug activities.
Sec. 1032. Authority to provide additional support for
counter-drug activities of Mexico.
Sec. 1033. Authority to provide additional support for
counter-drug activities of Peru and Colombia.
Sec. 1034. Annual report on development and deployment of
narcotics detection technologies.
SUBTITLE D--MISCELLANEOUS REPORT REQUIREMENTS AND REPEALS
Sec. 1041. Repeal of miscellaneous reporting requirements.
Sec. 1042. Study of transfer of modular airborne fire fighting system.
Sec. 1043. Overseas infrastructure requirements.
Sec. 1044. Additional matters for annual report on activities of
the General Accounting Office.
Sec. 1045. Eye safety at small arms firing ranges.
Sec. 1046. Reports on Department of Defense procedures for
investigating military aviation accidents and for notifying and
assisting families of victims.
SUBTITLE E--MATTERS RELATING TO TERRORISM
Sec. 1051. Oversight of counterterrorism and antiterrorism
activities; report.
Sec. 1052. Provision of adequate troop protection equipment for
Armed Forces personnel engaged in peace operations; report on
antiterrorism activities and protection of personnel.
SUBTITLE F--MATTERS RELATING TO DEFENSE PROPERTY
Sec. 1061. Lease of nonexcess personal property of military departments.
Sec. 1062. Lease of nonexcess property of Defense Agencies.
Sec. 1063. Donation of excess chapel property to churches damaged
or destroyed by arson or other acts of terrorism.
Sec. 1064. Authority of the Secretary of Defense concerning
disposal of assets under cooperative agreements on air defense in
Central Europe.
Sec. 1065. Sale of excess, obsolete, or unserviceable ammunition
and ammunition components.
Sec. 1066. Transfer of B 17 aircraft to museum.
Sec. 1067. Report on disposal of excess and surplus materials.
SUBTITLE G--OTHER MATTERS
Sec. 1071. Authority for special agents of the Defense Criminal
Investigative Service to execute warrants and make arrests.
Sec. 1072. Study of investigative practices of military criminal
investigative organizations relating to sex crimes.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Sustainment and operation of the Global Positioning System.
Sec. 1075. Protection of safety-related information voluntarily
provided by air carriers.
Sec. 1076. National Guard Challenge Program to create
opportunities for civilian youth.
Sec. 1077. Disqualification from certain burial-related benefits
for persons convicted of capital crimes.
Sec. 1078. Restrictions on the use of human subjects for testing
of chemical or biological agents.
Sec. 1079. Treatment of military flight operations.
Sec. 1080. Naturalization of certain foreign nationals who serve
honorably in the Armed Forces during a period of conflict.
Sec. 1081. Applicability of certain pay authorities to members of
specified independent study organizations.
Sec. 1082. Display of POW/MIA flag.
Sec. 1083. Program to commemorate 50th anniversary of the Korean
conflict.
Sec. 1084. Commendation of members of the Armed Forces and
Government civilian personnel who served during the Cold War;
certificate of recognition.
Sec. 1085. Sense of Congress on granting of statutory Federal charters.
Sec. 1086. Sense of Congress regarding military voting rights.
Sec. 1087. Designation of Bob Hope as an honorary veteran of the
Armed Forces of the United States.
Sec. 1088. Five-year extension of aviation insurance program.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
1998 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary of Defense
may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been
denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify Congress
of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by the
committee of conference to accompany the conference report on the bill
H.R. 1119 of the One Hundred Fifth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts specified
in the Classified Annex are not in addition to amounts authorized to be
appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORITY FOR OBLIGATION OF UNAUTHORIZED FISCAL
YEAR 1997 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may be
obligated and expended for programs, projects, and activities of the
Department of Defense in accordance with fiscal year 1997 defense
appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1997 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1997 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1997 defense appropriations.--The term ``fiscal year
1997 defense appropriations'' means amounts appropriated or otherwise
made available to the Department of Defense for fiscal year 1997 in the
Department of Defense Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104 208).
(2) Fiscal year 1997 defense authorizations.--The term ``fiscal year
1997 defense authorizations'' means amounts authorized to be
appropriated for the Department of Defense for fiscal year 1997 in the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201).
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1997.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1997 in the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the 1997
Emergency Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105 18).
SEC. 1005. INCREASE IN FISCAL YEAR 1996 TRANSFER AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 100 Stat. 414) is amended by
striking out ``$2,000,000,000'' and inserting in lieu thereof
``$3,100,000,000''.
SEC. 1006. REVISION OF AUTHORITY FOR FISHER HOUSE TRUST FUNDS.
(a) Correction To Eliminate Use of Term Associated With Funding
Authorities.--Section 2221(c) of title 10, United States Code, is
amended by striking out ``or maintenance'' each place it appears.
(b) Corpus of Air Force Trust Fund.--The Secretary of the Air Force
shall deposit in the Fisher House Trust Fund, Department of the Air
Force, an amount that the Secretary determines appropriate to establish
the corpus of the fund.
SEC. 1007. FLEXIBILITY IN FINANCING CLOSURE OF CERTAIN
OUTSTANDING CONTRACTS FOR WHICH A SMALL FINAL PAYMENT IS DUE.
(a) Closure of Outstanding Contracts.--The Secretary of Defense may
make the final payment on a contract
to which this section applies from the account established
pursuant to subsection (d).
(b) Covered Contracts.--This section applies to any contract of the
Department of Defense--
(1) that was entered into before December 5, 1990; and
(2) for which an unobligated balance of an appropriation that had
been initially applied to the contract was canceled before December 5,
1990, pursuant to section 1552 of title 31, United States Code, as in
effect before that date.
(c) Authority Limited to Small Final Payments.--The Secretary may use
the authority provided by this section only for a contract for which the
amount of the final payment due is not greater than the micro-purchase
threshold (as defined in section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428)).
(d) Account.--The Secretary may establish an account for the purposes
of this section. The Secretary may from time to time transfer into the
account, from funds made available to the Department of Defense for
procurement or for research, development, test, and evaluation, such
amounts as the Secretary determines to be needed for the purposes of the
account, except that the total of such transfers may not exceed
$1,000,000. Amounts in the account may be used only for the purposes of
this section.
(e) Closure of Account.--When the Secretary determines that all
contracts to which this section applies have been closed and there is no
further need for the account established under subsection (d), the
Secretary shall close the account. Any amounts remaining in the account
shall be covered into the Treasury as miscellaneous receipts.
SEC. 1008. BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
(a) Biennial Plan.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
``2222. Biennial financial management improvement plan
``(a) Biennial Plan Required.--The Secretary of Defense shall submit
to Congress a biennial strategic plan for the improvement of financial
management within the Department of Defense. The plan shall be submitted
not later than September 30 of each even-numbered year.
``(b) Concept of Operations.--Each plan under subsection (a) shall
include a statement of the Secretary of Defense's concept of operations
for the financial management of the Department of Defense. Each such
statement shall be a clear description of the manner in which the
Department's financial management operations are carried out or will be
carried out under the improvements set forth in the plan under
subsection (a), including identification of operations that must be
performed.
``(c) Matters To Be Addressed in Plan.--(1) Each plan under
subsection (a) shall address all aspects of financial management within
the Department of Defense, including the finance systems, accounting
systems, and data feeder systems of the Department that support
financial functions of the Department.
``(2) For the purposes of paragraph (1), a data feeder system is an
automated or manual system from which information is derived for a
financial management system or an accounting system.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2222. Biennial financial management improvement plan.''.
(b) Additional Content of First Plan.--The first financial management
improvement plan submitted under section 2222 of title 10, United States
Code (as added by subsection (a)), shall include the following:
(1) A description of the costs and benefits of integrating the
various finance and accounting systems of the Department of Defense and
reducing the total number of such systems, together with the Secretary's
assessment of the feasibility of implementing such an integration.
(2) Identification of problems with the accuracy of data included in
the finance systems, accounting systems, and data feeder systems that
support financial functions of the Department of Defense, together with
a description of the actions that the Secretary can take to address
those problems.
(3) Identification of weaknesses in the internal controls of the
systems referred to in paragraph (2), together with a description of the
actions that the Secretary can take to address those weaknesses.
(4) A description of actions that the Secretary can take to
eliminate negative unliquidated obligations, unmatched disbursements,
and in-transit disbursements and to avoid such obligations and
disbursements in the future.
(5) A description of the status of the efforts being undertaken in
the Department to consolidate and eliminate--
(A) redundant or unneeded finance systems; and
(B) redundant or unneeded accounting systems.
(6) A description of efforts being undertaken to consolidate or
eliminate redundant personnel data systems, acquisition data systems,
asset accounting systems, time and attendance systems, and other data
feeder systems of the Department.
(7) A description of efforts being undertaken to integrate the data
feeder systems of the Department with the finance and accounting systems
of the Department.
(8) A description of problems with the organization or performance
of the Operating Locations and Service Centers of the Defense Finance
and Accounting Service, together with a description of the actions the
Secretary can take to address those problems.
(9) A description of the costs and benefits of reorganizing the
Operating Locations and Service Centers of the Defense Finance and
Accounting Service according to
function, together with the Secretary's assessment of the
feasibility of carrying out such a reorganization.
(10) A description of the costs and benefits of contracting for
private-sector performance of specific functions currently performed by
the Defense Finance and Accounting Service, together with the
Secretary's assessment of the feasibility of contracting for such
performance.
(11) A description of actions that can be taken to ensure that each
comptroller position (and comparable position) in the Department of
Defense, whether filled by a member of the Armed Forces or by a civilian
employee, is held by a person who, by reason of education, technical
competence, and experience, has the core competencies for financial
management.
(12) A description of any other change in the financial management
structure of the Department or revision of the financial processes and
business practices of the Department that the Secretary considers
necessary to improve financial management in the Department.
(c) Additional Matters.--For each of the problems and actions
identified pursuant to paragraphs (1) through (12) of subsection (b) or
in any other part of the plan covered by that subsection, the Secretary
shall include statements of objectives, performance measures, and
schedules and shall specify the individual and organizational
responsibilities.
(d) Definition.--In subsection (b), the term ``data feeder system''
has the meaning given that term in subsection (c)(2) of section 2222 of
title 10, United States Code, as added by subsection (a).
SEC. 1009. ESTIMATES AND REQUESTS FOR PROCUREMENT AND MILITARY
CONSTRUCTION FOR THE RESERVE COMPONENTS.
(a) Detailed Presentation in Future-Years Defense Program.--Section
10543 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following:
``(b) Associated Annexes.--The associated annexes of the future-years
defense program shall specify, at the same level of detail as is set
forth in the annexes for the active components, the amount requested
for--
``(1) procurement of each item of equipment to be procured for each
reserve component; and
``(2) each military construction project to be carried out for each
reserve component, together with the location of the project.
``(c) Report.--(1) If the aggregate of the amounts specified in
paragraphs (1) and (2) of subsection (b) for a fiscal year is less than
the amount equal to 90 percent of the average authorized amount
applicable for that fiscal year under paragraph (2), the Secretary of
Defense shall submit to Congress a report specifying for each reserve
component the additional items of equipment that would be procured, and
the additional military construction projects that would be carried out,
if that aggregate amount were an amount equal to such average authorized
amount. The report shall be at the same level of detail as is required
by subsection (b).
``(2) In this subsection, the term `average authorized amount', with
respect to a fiscal year, means the average of--
``(A) the aggregate of the amounts authorized to be appropriated for
the preceding fiscal year for the procurement of items of equipment, and
for military construction, for the reserve components; and
``(B) the aggregate of the amounts authorized to be appropriated for
the fiscal year preceding the fiscal year referred to in subparagraph
(A) for the procurement of items of equipment, and for military
construction, for the reserve components.''.
(b) Prohibition.--The level of detail provided for procurement and
military construction in the future-years defense programs for fiscal
years after fiscal year 1998 may not be less than the level of detail
provided for procurement and military construction in the future-years
defense program for fiscal year 1998.
SEC. 1010. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE
COMPONENT MODERNIZATION NOT REQUESTED IN PRESIDENT'S BUDGET.
(a) Criteria.--It is the sense of Congress that, to the maximum
extent practicable, Congress should authorize appropriations for
procurement of reserve component modernization equipment for a fiscal
year for equipment that is not included in the budget of the President
for that fiscal year only if--
(1) there is a requirement for that equipment that has been
validated by the Joint Requirements Oversight Council;
(2) procurement of that equipment is included for reserve component
modernization in the modernization plan of the military department
concerned and is incorporated into the current future-years defense
program;
(3) procurement of that equipment is consistent with planned use of
reserve component forces under Department of Defense war plans; and
(4) funds for that procurement, if authorized and appropriated for
that fiscal year, could be obligated during that fiscal year.
(b) Consideration of Views of Chairman of Joint Chiefs of Staff.--It
is further the sense of Congress that, in applying the criteria set
forth in subsection (a) with respect to procurement of reserve component
modernization equipment, Congress should obtain the views of the
Chairman of the Joint Chiefs of Staff on whether, under Department of
Defense war plans, that equipment is appropriate for procurement for,
and assignment to, reserve component forces.
SEC. 1011. MANAGEMENT OF WORKING-CAPITAL FUNDS.
(a) Contracting for Capital Assets Procurement in Advance of
Funds.--Section 2208 of title 10, United States Code, is amended by
striking out subsection (k) and inserting in lieu thereof the following
new subsection:
``(k)(1) Subject to paragraph (2), a contract for the procurement of
a capital asset financed by a working-capital fund may be awarded in
advance of the availability of funds in the working-capital fund for the
procurement.
``(2) Paragraph (1) applies to any of the following capital assets
that have a development or acquisition cost of not less than $100,000:
``(A) An unspecified minor military construction project under
section 2805(c)(1) of this title.
``(B) Automatic data processing equipment or software.
``(C) Any other equipment.
``(D) Any other capital improvement.''.
(b) Use of Advance Billing.--Such section is further amended by
adding at the end the following new subsection:
``(l)(1) An advance billing of a customer of a working-capital fund
may be made if the Secretary of the military department concerned
submits to Congress written notification of the advance billing within
30 days after the end of the month in which the advanced billing was
made. The notification shall include the following:
``(A) The reasons for the advance billing.
``(B) An analysis of the effects of the advance billing on military
readiness.
``(C) An analysis of the effects of the advance billing on the
customer.
``(2) The Secretary of Defense may waive the notification
requirements of paragraph (1)--
``(A) during a period war or national emergency; or
``(B) to the extent that the Secretary determines necessary to
support a contingency operation.
``(3) In this subsection:
``(A) The term `advance billing', with respect to a working-capital
fund, means a billing of a customer by the fund, or a requirement for a
customer to reimburse or otherwise credit the fund, for the cost of
goods or services provided (or for other expenses incurred) on behalf of
the customer that is rendered or imposed before the customer receives
the goods or before the services have been performed.
``(B) The term `customer' means a requisitioning component or
agency.''.
(c) Fiscal Year Limitations.--(1) The total amount of advance
billings for Department of the Navy working-capital funds and the
Defense Business Operations Fund may not exceed--
(A) $1,000,000,000 for fiscal year 1998; and
(B) $800,000,000 for fiscal year 1999.
(2) For purposes of paragraph (1), the term ``advance billing'' has
the meaning given such term in section 2208(l)(3) of title 10, United
States Code, as added by subsection (b).
SEC. 1012. AUTHORITY OF SECRETARY OF DEFENSE TO SETTLE CLAIMS
RELATING TO PAY, ALLOWANCES, AND OTHER BENEFITS.
Section 3702(e) of title 31, United States Code, is amended--
(1) in paragraph (1), by striking out ``Comptroller General'' and
inserting in lieu thereof ``Secretary of Defense''; and
(2) by striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) Payment of a claim settled under paragraph (1) shall be made
from an appropriation that is available, for the fiscal year in which
the payment is made, for the same purpose as the appropriation to which
the obligation claimed would have been charged if the obligation had
been timely paid.''.
SEC. 1013. PAYMENT OF CLAIMS BY MEMBERS FOR LOSS OF PERSONAL
PROPERTY DUE TO FLOODING IN RED RIVER BASIN.
(a) Payment Authorized.--Notwithstanding section 3721(e) of title 31,
United States Code, the Secretary of a military department may pay the
claim of a member of the Armed Forces who resided (or whose dependents
resided) in the vicinity of Grand Forks Air Force Base, North Dakota,
during April and May 1997 for loss and damage to personal property
incurred by the member as a direct result of the flooding in
the Red River Basin during such months.
(b) Report on Department Policy.--The Secretary of Defense shall
submit to Congress a report describing the Department of Defense policy
regarding the payment of a claim by a member of the Armed Forces who is
not assigned to quarters of the United States for losses and damage to
personal property of the member incurred at the member's residence as a
result of a natural disaster. The report shall include a description of
the number of such claims received over the past 10 years, the number of
claims paid, and the number of claims rejected. If the Secretary
determines the Department of Defense should modify its policy in order
to accept additional claims by members who are not assigned to quarters
of the United States for losses and damage to personal property, the
Secretary shall also include in the report any legislative changes that
the Secretary considers necessary to enable the Secretary to implement
the policy change.
SEC. 1014. ADVANCES FOR PAYMENT OF PUBLIC SERVICES.
(a) In General.--Subsection (a) of section 2396 of title 10, United
States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) public service utilities.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``2396. Advances for payments for compliance with foreign
laws, rent in foreign countries, tuition, public utility services, and
pay and supplies of armed forces of friendly foreign countries''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 141 of such title is amended to read as follows:
``2396. Advances for payments for compliance with foreign laws,
rent in foreign countries, tuition, public utility services, and pay and
supplies of armed forces of friendly foreign countries.''.
SEC. 1015. UNITED STATES MAN AND THE BIOSPHERE PROGRAM LIMITATION.
During fiscal year 1998, the Secretary of Defense may not take any
steps to carry out or support the United States Man and the Biosphere
Program or any related project.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. PROCEDURES FOR SALE OF VESSELS STRICKEN FROM THE
NAVAL VESSEL REGISTER.
Section 7305(c) of title 10, United States Code, is amended to read
as follows:
``(c) Procedures for Sale.--(1) A vessel stricken from the Naval
Vessel Register and not subject to disposal under any other law may be
sold under this section.
``(2) In such a case, the Secretary may--
``(A) sell the vessel to the highest acceptable bidder, regardless
of the appraised value of the vessel, after publicly advertising the
sale of the vessel for a period of not less than 30 days; or
``(B) subject to paragraph (3), sell the vessel by competitive
negotiation to the acceptable offeror who submits the offer that is most
advantageous to the United States (taking into account price and such
other factors as the Secretary determines appropriate).
``(3) Before entering into negotiations to sell a vessel under
paragraph (2)(B), the Secretary shall publish notice of the intention to
do so in the Commerce Business Daily sufficiently in advance of
initiating the negotiations that all interested parties are given a
reasonable opportunity to prepare and submit proposals. The Secretary
shall afford an opportunity to participate in the negotiations to all
acceptable offerors submitting proposals that the Secretary considers as
having the potential to be the most advantageous to the United States
(taking into account price and such other factors as the Secretary
determines appropriate).''.
SEC. 1022. AUTHORITY TO ENTER INTO A LONG-TERM CHARTER FOR A
VESSEL IN SUPPORT OF THE SURVEILLANCE TOWED-ARRAY SENSOR (SURTASS)
PROGRAM.
The Secretary of the Navy is authorized to enter into a contract in
accordance with section 2401 of title 10, United States Code, for the
charter, for a period through fiscal year 2003, of the vessel RV CORY
CHOUEST (United States official number 933435) in support of the
Surveillance Towed-Array Sensor (SURTASS) program.
SEC. 1023. TRANSFER OF TWO SPECIFIED OBSOLETE TUGBOATS OF THE ARMY.
(a) Authority To Transfer Vessels.--The Secretary of the Army may
transfer the two obsolete tugboats of the Army described in subsection
(b) to the Brownsville Navigation District, Brownsville, Texas.
(b) Vessels Covered.--Subsection (a) applies to the following two
decommissioned tugboats of the Army, each of which is listed as of the
date of the enactment of this Act as being surplus to the needs of the
Army: the Normandy (LT 1971) and the Salerno (LT 1953).
(c) Transfers To Be at No Cost to United States.--A transfer
authorized by this section shall be made at no cost to the United
States.
(d) Terms and Conditions.--The Secretary may require such additional
terms and conditions in connection with the transfers authorized by this
section as the Secretary considers appropriate.
SEC. 1024. CONGRESSIONAL REVIEW PERIOD WITH RESPECT TO
TRANSFER OF EX-U.S.S. HORNET (CV 12) AND EX-U.S.S. MIDWAY (CV 41).
(a) Reduction in Congressional Review Period.--In applying section
7306 of title 10, United States Code, with respect to the transfer of a
vessel specified in subsection (c), subsection (d)(1)(B) of that section
shall be applied by substituting ``30 days'' for ``60 days''.
(b) Waiver if Only One Qualified Entity Applies for Transfer of
Vessel.--If in the case of a vessel specified in subsection (c) only a
single qualified entity, as determined by the Secretary of the Navy,
applies for transfer of the vessel, the Secretary may carry out the
transfer of the vessel under section 7306 of title 10, United States
Code, without regard to subsection (d)(1)(B) of that section. In such a
case, the transfer may be made only after 10 days of continuous session
of Congress (determined in the manner specified in section 7306(d)(2) of
title 10, United States Code) have expired following the date on which
the Secretary submits to Congress a certification that only a single
qualified entity applied for transfer of the vessel.
(c) Covered Vessels.--This section applies to the following vessels
(each of which is a decommissioned aircraft carrier):
(1) Ex-U.S.S. HORNET (CV 12).
(2) Ex-U.S.S. MIDWAY (CV 41).
SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Authority.--The Secretary of the Navy is authorized to transfer
vessels to foreign countries on a sales basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) To the Government of Brazil, the HUNLEY class submarine tender
HOLLAND (AS 32).
(2) To the Government of Chile, the KAISER class oiler ISHERWOOD (T
AO 191).
(3) To the Government of Egypt:
(A) The following frigates of the KNOX class:
(i) The PAUL (FF 1080).
(ii) The MILLER (FF 1091).
(iii) The JESSE L. BROWN (FFT 1089).
(iv) The MOINESTER (FFT 1097).
(B) The following frigates of the OLIVER HAZARD PERRY class:
(i) The FAHRION (FFG 22).
(ii) The LEWIS B. PULLER (FFG 23).
(4) To the Government of Israel, the NEWPORT class tank landing ship
PEORIA (LST 1183).
(5) To the Government of Malaysia, the NEWPORT class tank landing
ship BARBOUR COUNTY (LST 1195).
(6) To the Government of Mexico, the KNOX class frigate ROARK (FF
1053).
(7) To the Taipei Economic and Cultural Representative Office in the
United States (the Taiwan instrumentality that is designated pursuant to
section 10(a) of the Taiwan Relations Act), the following frigates of
the KNOX class:
(A) The WHIPPLE (FF 1062).
(B) The DOWNES (FF 1070).
(8) To the Government of Thailand, the NEWPORT class tank landing
ship SCHENECTADY (LST 1185).
(b) Costs of Transfers.--Any expense incurred by the United States in
connection with a transfer authorized by subsection (a) shall be charged
to the recipient.
(c) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the Secretary of the Navy shall require, as
a condition of the transfer of a vessel under this section, that the
country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
(d) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1026. REPORTS RELATING TO EXPORT OF VESSELS THAT MAY
CONTAIN POLYCHLORINATED BIPHENYLS.
(a) Reports Required.--Not later than March 1, 1998, the Secretary of
the Navy (with respect to the Navy), the Administrator of the Maritime
Administration (with respect to the Maritime Administration), and the
Administrator of the Environmental Protection Agency (with respect to
the Environmental Protection Agency) shall each submit to Congress a
report on the implementation of the agreement between the Department of
the Navy and the Environmental Protection Agency that became effective
August 6, 1997, and that is titled ``Export of Naval Vessels that May
Contain Polychlorinated Biphenyls for Scrapping Outside the United
States''.
(b) Contents of Reports.--The reports required by subsection (a)
shall address, at a minimum, the following:
(1) An assessment of the effects of the notification requirements
regarding the export of vessels for scrapping, any impediments that
those requirements may create for the export of vessels, and any changes
to the agreement that may be required to address those impediments.
(2) An explanation of the process by which it is determined which
solid items containing polychlorinated biphenyls are readily removable
and must be removed before the export of a vessel for scrapping, what
types of polychlorinated biphenyls have been determined to be readily
removable pursuant to this process, any impediments that such
determinations may create for the export of vessels, and any changes to
the agreement that may be required to address those impediments or to
ensure protection of human health and the environment.
(c) Amendments Relating to Disposal of Obsolete Vessels From the
National Defense Reserve Fleet.--Section 6 of the National Maritime
Heritage Act of 1994 (Public Law 103 451; 108 Stat. 4776; 16 U.S.C.
5405) is amended--
(1) in subsections (a)(1) and (b)(2)--
(A) by inserting ``or 510(i)'' after ``508''; and
(B) by inserting ``or 1160(i)'' after ``1158'';
(2) in subsection (b)(2), by striking out ``first 6'' and inserting
in lieu thereof ``first 8''; and
(3) in subsection (c)(1)(A), by striking out ``1999'' and inserting
in lieu thereof ``2001''.
SEC. 1027. CONVERSION OF DEFENSE CAPABILITY PRESERVATION
AUTHORITY TO NAVY SHIPBUILDING CAPABILITY PRESERVATION AUTHORITY.
(a) In General.--(1) Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``7315. Preservation of Navy shipbuilding capability
``(a) Shipbuilding Capability Preservation Agreements.--The Secretary
of the Navy may enter into an agreement, to be known as a `shipbuilding
capability preservation agreement', with a shipbuilder under which the
cost reimbursement rules described in subsection (b) shall be applied to
the shipbuilder under a Navy contract for the construction of a ship.
Such an agreement may be entered into in any case in which the Secretary
determines that the application of such cost reimbursement rules would
facilitate the achievement of the policy objectives set forth in section
2501(b) of this title.
``(b) Cost Reimbursement Rules.--The cost reimbursement rules
applicable under an agreement entered into under subsection (a) are as
follows:
``(1) The Secretary of the Navy shall, in determining the
reimbursement due a shipbuilder for its indirect costs of performing a
contract for the construction of a ship for the Navy, allow the
shipbuilder to allocate indirect costs to its private sector work only
to the extent of the shipbuilder's allocable indirect private sector
costs, subject to paragraph (3).
``(2) For purposes of paragraph (1), the allocable indirect private
sector costs of a shipbuilder are those costs of the shipbuilder that
are equal to the sum of the following:
``(A) The incremental indirect costs attributable to such work.
``(B) The amount by which the revenue attributable to such private
sector work exceeds the sum of--
``(i) the direct costs attributable to such private sector work; and
``(ii) the incremental indirect costs attributable to such private
sector work.
``(3) The total amount of allocable indirect private sector costs
for a contract covered by the agreement may not exceed the amount of
indirect costs that a shipbuilder would have allocated to its private
sector work during the period covered by the agreement in accordance
with the shipbuilder's established accounting practices.
``(c) Authority To Modify Cost Reimbursement Rules.--The cost
reimbursement rules set forth in subsection (b) may be modified by the
Secretary of the Navy for a particular agreement if the Secretary
determines that modifications are appropriate to the particular
situation to facilitate achievement of the policy set forth in section
2501(b) of this title.
``(d) Applicability.--(1) An agreement entered into with a
shipbuilder under subsection (a) shall apply to each of the following
Navy contracts with the shipbuilder:
``(A) A contract that is in effect on the date on which the
agreement is entered into.
``(B) A contract that is awarded during the term of the agreement.
``(2) In a shipbuilding capability preservation agreement applicable
to a shipbuilder, the Secretary may agree to apply the cost
reimbursement rules set forth in subsection (b) to allocations of
indirect costs to private sector work performed by the shipbuilder only
with respect to costs that the shipbuilder incurred on or after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 1998 under a contract between the shipbuilder and a private sector
customer of the shipbuilder that became effective on or after January
26, 1996.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``7315. Preservation of Navy shipbuilding capability.''.
(b) Implementation.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Navy shall establish
application procedures and procedures for expeditious consideration of
shipbuilding capability preservation agreements as authorized by section
7315 of title 10, United States Code, as added by subsection (a).
(c) Report.--Not later than February 15, 1998, the Secretary of the
Navy shall submit to Congress a report on applications for shipbuilding
capability preservation agreements under section 7315 of title 10,
United States Code, as added by subsection (a). The report shall specify
the number of the applications received, the number of the applications
approved, and a discussion of the reasons for disapproval of any
application disapproved.
(d) Repeal of Superseded Provision.--Section 808 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110
Stat. 393; 10 U.S.C. 2501 note) is repealed.
Subtitle C--Counter-Drug Activities
SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION
AND COUNTER-DRUG ACTIVITIES.
(a) Relationship to Training and Readiness.--Subsection (b) of
section 112 of title 32, United States Code, is amended--
(1) by inserting ``(1)'' before ``Under regulations''; and
(2) by adding at the end the following new paragraphs:
``(2) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State drug interdiction and counter-drug
activities plan is not detrimental to the training and readiness of such
units and personnel, the requirements of section 2012(d) of title 10
shall apply in determining the drug interdiction and counter-drug
activities that units and personnel of the National Guard of a State may
perform.
``(3) Section 508 of this title, regarding the provision of
assistance to certain specified youth and charitable organizations,
shall apply in any case in which a unit or member of the National Guard
of a State is proposed to be used pursuant to a State drug interdiction
and counter-drug activities plan to provide to an organization specified
in subsection (d) of such section any of the services described in
subsection (b) of such section or services regarding counter-drug
education.''.
(b) Engineer-Type Activities.--Subsection (c) of such section is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and
(6), respectively; and
(2) by inserting after paragraph (3) the following new paragraph:
``(4) certify that any engineer-type activities (as defined by the
Secretary of Defense) under the plan will be performed only by units and
members of the National Guard;''.
(c) Annual Report.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections (h) and
(i), respectively; and
(2) by inserting after subsection (f) the following new subsection:
``(g) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
``(1) The number of members of the National Guard excluded under
subsection (e) from the computation of end strengths.
``(2) A description of the drug interdiction and counter-drug
activities conducted under State drug interdiction and counter-drug
activities plans referred to in subsection (c) with funds provided under
this section.
``(3) An accounting of the amount of funds provided to each State.
``(4) A description of the effect on military training and readiness
of using units and personnel of the National Guard to perform activities
under the State drug interdiction and counter-drug activities plans.''.
(d) Conforming Amendments.--Subsection (e) of such section is
amended--
(1) by striking out ``(1)'' before ``Members''; and
(2) by striking out paragraph (2).
SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Extension of Authority; Consultation of Secretary of
State.--Subsection (a) of section 1031 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2637), is amended--
(1) by striking out ``fiscal year 1997'' and inserting in lieu
thereof ``fiscal years 1997 and 1998''; and
(2) by inserting after the first sentence the following new
sentence: ``In providing support to the Government of Mexico under this
section, the Secretary of Defense shall consult with the Secretary of
State.''.
(b) Extension of Availability of Funds.--Subsection (d) of such
section is amended--
(1) by striking out ``not more than'' and inserting in lieu thereof
``an amount not to exceed''; and
(2) by adding at the end the following new sentences: ``Funds made
available for fiscal year 1997 under this subsection and unobligated by
September 30, 1997, may be obligated during fiscal year 1998. No funds
are authorized to be appropriated for fiscal year 1998 for the provision
of support under this section.''.
SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF PERU AND COLOMBIA.
(a) Authority To Provide Support.--Subject to subsection (f), during
fiscal years 1998 through 2002, the Secretary of Defense may provide
either or both of the foreign governments named in subsection (b) with
the support described in subsection (c) for the counter-drug activities
of that government. In providing support to a government under this
section, the Secretary of Defense shall consult with the Secretary of
State. The support provided under the authority of this section shall be
in addition to support provided to the governments under any other
provision of law.
(b) Governments Eligible To Receive Support.--The foreign governments
eligible to receive counter-drug support under this section are as
follows:
(1) The Government of Peru.
(2) The Government of Colombia.
(c) Types of Support.--The authority under subsection (a) is limited
to the provision of the following types of support to a government named
in subsection (b):
(1) The types of support specified in paragraphs (1), (2), and (3)
of section 1031(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2637).
(2) The transfer of riverine patrol boats.
(3) The maintenance and repair of equipment of the government that
is used for counter-drug activities.
(d) Applicability of Other Support Authorities.--Except as otherwise
provided in this section, the provisions of section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101 510; 10
U.S.C. 374 note) shall apply to the provision of support under this
section.
(e) Fiscal Year 1998 Funding; Limitation on Obligations.--(1) Of the
amount authorized to be appropriated under section 301(20) for drug
interdiction and counter-drug activities, an amount not to exceed
$9,000,000 shall be available for the provision of support under this
section.
(2) Amounts made available to carry out this section shall remain
available until expended, except that the total amount obligated and
expended under this section may not exceed $20,000,000 during any of the
fiscal years 1999 through 2002.
(f) Condition on Provision of Support.--(1) The Secretary of Defense
may not obligate or expend funds during a fiscal year to provide support
under this section to a government named in subsection (b) until the end
of the 15-day period beginning on the date on which the Secretary
submits to the congressional committees the written certification
described in subsection (g) for that fiscal year.
(2) In the case of the first fiscal year in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that--
(A) the Secretary submit to the congressional committees the
riverine counter-drug plan described in subsection (h); and
(B) a period of 60 days expires after the date on which the report
is submitted.
(3) In the case of subsequent fiscal years in which support is to be
provided under this section to a government named in subsection (b), the
obligation or expenditure of funds under this section to provide support
to that government shall also be subject to the condition that the
Secretary submit to the congressional committees any revision of the
counter-drug plan described in subsection (h) applicable to that
government.
(4) For purposes of this subsection, the term ``congressional
committees'' means the following:
(A) The Committee on Armed Services and the Committee on Foreign
Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
(g) Required Certification.--The written certification required by
subsection (f)(1) for a fiscal year is a certification of the following
with respect to each government to receive support under this section:
(1) That the provision of the support to the government will not
adversely affect the military preparedness of the United States Armed
Forces.
(2) That the equipment and materiel provided as support will be used
only by officials and employees of the government who have undergone
background investigations by that government and have been approved by
that government to perform counter-drug activities on the basis of the
background investigations.
(3) That the government has certified to the Secretary of Defense
that--
(A) the equipment and material provided as support will be used only
by the officials and employees referred to in paragraph (2);
(B) none of the equipment or materiel will be transferred (by sale,
gift, or otherwise) to any person or entity not authorized by the United
States to receive the equipment or materiel; and
(C) the equipment and materiel will be used only for the purposes
intended by the United States Government.
(4) That the government has implemented, to the satisfaction of the
Secretary of Defense, a system that will provide an accounting and
inventory of the equipment and materiel provided as support.
(5) That the departments, agencies, and instrumentalities of the
government will grant United States Government personnel access to any
of the equipment or materiel provided as support, or to any of the
records relating to such equipment or materiel, under terms and
conditions similar to the terms and conditions imposed with respect to
such access under section 505(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2314(a)(3)).
(6) That the government will provide security with respect to the
equipment and materiel provided as support that is substantially the
same degree of security that the United States Government would provide
with respect to such equipment and materiel.
(7) That the government will permit continuous observation and
review by United States Government personnel of the use of the equipment
and materiel provided as support under terms and conditions similar to
the terms and conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2314(a)(3)).
(h) Riverine Counter-Drug Plan.--The Secretary of Defense, in
consultation with the Secretary of State, shall prepare for fiscal year
1998 (and revise as necessary for subsequent fiscal years) a riverine
counter-drug plan involving the governments named in subsection (b) to
which support will be provided under this section. The plan for a fiscal
year shall include the following with respect to each government to
receive support under this section:
(1) A detailed security assessment, including a discussion of the
threat posed by illicit drug traffickers in the foreign country.
(2) An evaluation of previous and ongoing riverine counter-drug
operations by the government.
(3) An assessment of the monitoring of past and current assistance
provided by the United States under this section to the government to
ensure the appropriate use of such assistance.
(4) A description of the centralized management and coordination
among Federal agencies involved in the development and implementation of
the plan.
(5) A description of the roles and missions and coordination among
agencies of the government involved in the development and
implementation of the plan.
(6) A description of the resources to be contributed by the
Department of Defense and the Department of State for the fiscal year or
years covered by the plan and the manner in which such resources will be
utilized under the plan.
(7) For the first fiscal year in which support is to be provided
under this section, a schedule for establishing a riverine counter-drug
program that can be sustained by the government within five years, and
for subsequent fiscal years, a description of the progress made in
establishing and carrying out the program.
(8) A reporting system to measure the effectiveness of the riverine
counter-drug program.
(9) A detailed discussion of how the riverine counter-drug program
supports the national drug control strategy of the United States.
SEC. 1034. ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT OF
NARCOTICS DETECTION TECHNOLOGIES.
(a) Report Requirement.--Not later than December 1st of each year,
the Director of the Office of National Drug Control Policy shall submit
to Congress and the President a report on the development and deployment
of narcotics detection technologies by Federal agencies. Each such
report shall be prepared in consultation with the Secretary of Defense,
the Secretary of State, the Secretary of Transportation, and the
Secretary of the Treasury.
(b) Matters To Be Included.--Each report under subsection (a) shall
include--
(1) a description of each project implemented by a Federal agency
relating to the development or deployment of narcotics detection
technology;
(2) the agency responsible for each project described in paragraph
(1);
(3) the amount of funds obligated or expended to carry out each
project described in paragraph (1) during the fiscal year in which the
report is submitted or during any fiscal year preceding the fiscal year
in which the report is submitted;
(4) the amount of funds estimated to be obligated or expended for
each project described in paragraph (1) during any fiscal year after the
fiscal year in which the report is submitted to Congress; and
(5) a detailed timeline for implementation of each project described
in paragraph (1).
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1041. REPEAL OF MISCELLANEOUS REPORTING REQUIREMENTS.
(a) Requirement for Notice of Conversion of Certain Heating Systems
at Installations in Europe.--Section 2690(b) of title 10, United States
Code, is amended by striking out ``unless the Secretary--'' and all that
follows and inserting in lieu thereof the following: ``unless the
Secretary determines that the conversion--
``(1) is required by the government of the country in which the
facility is located; or
``(2) is cost-effective over the life cycle of the facility.''.
(b) Report on Availability of Suitable Alternative Housing.--Section
2823 of title 10, United States Code, is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(c) Report on Stretchout of Major Defense Acquisition
Programs.--Section 117 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100 456; 102 Stat. 1933; 10 U.S.C. 2431 note), is
repealed.
(d) Elimination of Requirement for Quarterly Report Concerning Travel
Funding for Chemical Demilitarization Citizens' Advisory
Commissioners.--(1) Section 1412(g) of the National Defense
Authorization Act for Fiscal Year 1986 (50 U.S.C. 1521(g)) is amended--
(A) by striking out paragraph (3);
(B) by striking out the last sentence of paragraph (4); and
(C) by redesignating paragraph (4) (as so amended) as paragraph (3).
(2) Section 153(b) of the National Defense Authorization Act for
Fiscal Year 1996 (50 U.S.C. 1521 note) is amended--
(A) by striking out `` Quarterly'' in the heading; and
(B) by striking out paragraphs (4) and (5).
SEC. 1042. STUDY OF TRANSFER OF MODULAR AIRBORNE FIRE FIGHTING SYSTEM.
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
Agriculture, shall submit to Congress a report evaluating the
feasibility of transferring jurisdiction over units of the Modular
Airborne Fire Fighting System from the Department of Agriculture to the
Department of Defense.
SEC. 1043. OVERSEAS INFRASTRUCTURE REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) United States military forces have been withdrawn from the
Philippines.
(2) United States military forces are to be withdrawn from Panama by
2000.
(3) There continues to be local opposition to the continued presence
of United States military forces in Okinawa.
(4) The Quadrennial Defense Review lists ``the loss of U.S. access
to critical facilities and lines of communication in key regions'' as
one of the so-called ``wild card'' scenarios covered in the review.
(5) The National Defense Panel states that ``U.S. forces' long-term
access to forward bases, to include air bases, ports, and logistics
facilities, cannot be assumed''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should develop alternatives to the current
arrangement for forward basing of the Armed Forces outside the United
States, including alternatives to the existing infrastructure for
forward basing of forces and alternatives to the existing international
agreements that provide for basing of United States forces in foreign
countries; and
(2) because the Pacific Rim continues to emerge as a region of
significant economic and military importance to the United States, a
continued presence of the Armed Forces in that region is vital to the
capability of the United States to timely protect its interests in the
region.
(c) Report Required.--Not later than March 31, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report on the overseas infrastructure requirements of the Armed Forces.
(d) Content.--The report shall contain the following:
(1) The quantity and types of forces that the United States must
station in each region of the world in order to support the current
national military strategy of the United States.
(2) The quantity and types of forces that the United States will
need to station in each region of the world in order to meet the
expected or potential future threats to the national security interests
of the United States.
(3) The requirements for access to, and use of, air space and ground
maneuver areas in each such region for training for the quantity and
types of forces identified for the region pursuant to paragraphs (1) and
(2).
(4) A list of the international agreements, currently in force, that
the United States has entered into with foreign countries regarding the
basing of United States forces in those countries and the dates on which
the agreements expire.
(5) A discussion of any anticipated political opposition or other
opposition to the renewal of any of those international agreements.
(6) A discussion of future overseas basing requirements for United
States forces, taking into account expected changes in national security
strategy, national security environment, and weapons systems.
(7) The expected costs of maintaining the overseas infrastructure
for foreign based forces of the United States, including the costs of
constructing any new facilities that will be necessary overseas to meet
emerging requirements relating to the national security interests of the
United States.
(e) Form of Report.--The report may be submitted in a classified or
unclassified form.
SEC. 1044. ADDITIONAL MATTERS FOR ANNUAL REPORT ON ACTIVITIES
OF THE GENERAL ACCOUNTING OFFICE.
Section 719(b) of title 31, United States Code, is amended by adding
at the end the following:
``(3) The report under subsection (a) shall also include a statement
of the staff hours and estimated cost of work performed on audits,
evaluations, investigations, and related work during each of the three
fiscal years preceding the fiscal year in which the report is submitted,
stated separately for each division of the General Accounting Office by
category as follows:
``(A) A category for work requested by the chairman of a committee
of Congress, the chairman of a subcommittee of such a committee, or any
other Member of Congress.
``(B) A category for work required by law to be performed by the
Comptroller General.
``(C) A category for work initiated by the Comptroller General in
the performance of the Comptroller General's general
responsibilities.''.
SEC. 1045. EYE SAFETY AT SMALL ARMS FIRING RANGES.
(a) Actions Required.--The Secretary of the Defense shall--
(1) conduct a study of eye safety at small arms firing ranges of the
Armed Forces; and
(2) develop for the use of the Armed Forces a protocol for reporting
eye injuries incurred in small arms firing activities at the ranges.
(b) Agency Tasking.--The Secretary may delegate authority to carry
out the responsibilities set forth in subsection (a) to the United
States Army Center for Health Promotion and Preventive Medicine or any
other element of the Department of Defense that the Secretary considers
well qualified to carry out those responsibilities.
(c) Content of Study.--The study under subsection (a)(1) shall
include the following:
(1) An evaluation of the existing policies, procedures, and
practices of the Armed Forces regarding medical surveillance of eye
injuries resulting from weapons fire at the small arms ranges.
(2) An examination of the existing policies, procedures, and
practices of the Armed Forces regarding reporting on vision safety
issues resulting from weapons fire at the small arms ranges.
(3) Determination of rates of eye injuries, and trends in eye
injuries, resulting from weapons fire at the small arms ranges.
(4) An evaluation of the costs and benefits of a requirement for use
of eye protection devices by all personnel firing small arms at the
ranges.
(d) Report.--The Secretary shall submit a report on the activities
required under this section to the Committees on Armed Services and on
Veterans' Affairs of the Senate and the Committees on National Security
and on Veterans' Affairs of the House of Representatives. The report
shall include--
(1) the findings resulting from the study under paragraph (1) of
subsection (a); and
(2) the protocol developed under paragraph (2) of such subsection.
(e) Schedule.--(1) The Secretary shall ensure that the study is
commenced not later than January 1, 1998, and is completed not later
than six months after the date on which it is commenced.
(2) The Secretary shall submit the report required under subsection
(d) not later than 30 days after the completion of the study.
SEC. 1046. REPORTS ON DEPARTMENT OF DEFENSE PROCEDURES FOR
INVESTIGATING MILITARY AVIATION ACCIDENTS AND FOR NOTIFYING AND
ASSISTING FAMILIES OF VICTIMS.
(a) Report on Aviation Accident Investigation Procedures.--Not later
than February 1, 1998, the Secretary of Defense shall submit to Congress
a report on the advisability of establishing a process for investigating
Department of Defense aviation accidents that combines accident
investigation with safety investigation into a single, public
investigation process, similar to the accident investigation process of
the National Transportation Safety Board. The report shall include a
discussion of the advantages and disadvantages of adopting such an
investigation process.
(b) Report on Family Assistance.--Not later than April 2, 1998, the
Secretary of Defense shall submit to Congress a report on assistance
provided by the Department of Defense to families of casualties among
military and civilian personnel of the department in the case of
aviation accidents involving such personnel. The report shall include--
(1) a discussion of the adequacy and effectiveness of the family
notification procedures of the Department of Defense, including the
procedures of the military departments; and
(2) a description of the assistance provided to members of the
families of such personnel.
(c) Report by Department of Defense Inspector General.--Not later
than December 1, 1997, the Inspector General of the Department of
Defense shall review the procedures of the Federal Aviation
Administration and the National Transportation Safety Board for
providing information and assistance to members of families of
casualties of nonmilitary aviation accidents and shall submit to
Congress a report on the review. The report shall include a discussion
of the following:
(1) Designation of an experienced non-profit organization to provide
assistance in meeting the needs of families of accident casualties.
(2) An assessment of the system and procedures for providing
families with information on accidents and accident investigations.
(3) Protection of members of families from unwanted solicitations
relating to the accident.
(4) A recommendation regarding whether the procedures reviewed
(including the matters discussed under paragraphs (1), (2), and (3)) or
similar procedures should be adopted by the Department of Defense for
use by the Department in providing information and assistance to members
of families of casualties of military aviation accidents and, if the
recommendation is not to adopt such procedures, a detailed justification
for the recommendation.
(d) Unclassified Form of Reports.--The reports under this section
shall be submitted in unclassified form.
Subtitle E--Matters Relating to Terrorism
SEC. 1051. OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM
ACTIVITIES; REPORT.
(a) Oversight of Counterterrorism and Antiterrorism Activities.--Not
later than 120 days after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall--
(1) establish a reporting system for executive agencies with respect
to the budget and expenditure of funds by such agencies for the purpose
of carrying out counterterrorism and antiterrorism programs and
activities; and
(2) using such reporting system, collect information on--
(A) the budget and expenditure of funds by executive agencies during
the current fiscal year for purposes of carrying out counterterrorism
and antiterrorism programs and activities; and
(B) the specific programs and activities for which such funds were
expended.
(b) Report.--Not later than March 1 of each year, the President shall
submit to Congress a report in classified and unclassified form (using
the information described in subsection (a)(2)) describing, for each
executive agency and for the executive branch as a whole, the following:
(1) The amounts proposed to be expended for counterterrorism and
antiterrorism programs and activities for the fiscal year beginning in
the calendar year in which the report is submitted.
(2) The amounts proposed to be expended for counterterrorism and
antiterrorism programs and activities for the fiscal year in which the
report is submitted and the amounts that have already been expended for
such programs and activities for that fiscal year.
(3) The specific counterterrorism and antiterrorism programs and
activities being implemented, any priorities with respect to such
programs and activities, and whether there has been any duplication of
efforts in implementing such programs and activities.
SEC. 1052. PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT
FOR ARMED FORCES PERSONNEL ENGAGED IN PEACE OPERATIONS; REPORT ON
ANTITERRORISM ACTIVITIES AND PROTECTION OF PERSONNEL.
(a) Protection of Personnel.--The Secretary of Defense shall take
appropriate actions to ensure that units of the Armed Forces engaged in
a peace operation are provided adequate troop protection equipment for
that operation.
(b) Specific Actions.--In taking actions under subsection (a), the
Secretary shall--
(1) identify the additional troop protection equipment, if any,
required to equip a division (or the equivalent of a division) with
adequate troop protection equipment for peace operations; and
(2) establish procedures to facilitate the exchange or transfer of
troop protection equipment among units of the Armed Forces.
(c) Designation of Responsible Official.--The Secretary of Defense
shall designate an official within the Department of Defense to be
responsible for--
(1) ensuring the appropriate allocation of troop protection
equipment among the units of the Armed Forces engaged in peace
operations; and
(2) monitoring the availability, status or condition, and location
of such equipment.
(d) Troop Protection Equipment Defined.--In this section, the term
``troop protection equipment'' means the equipment required by units of
the Armed Forces to defend against any hostile threat that is likely
during a peace operation, including an attack by a hostile crowd, small
arms fire, mines, and a terrorist bombing attack.
(e) Report on Antiterrorism Activities of the Department of Defense
and Protection of Personnel.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report, in classified and unclassified form, on antiterrorism
activities of the Department of Defense and the actions taken by the
Secretary under subsections (a), (b) and (c). The report shall include
the following:
(1) A description of the programs designed to carry out
antiterrorism activities of the Department of Defense, any deficiencies
in those programs, and any actions taken by the Secretary to improve
implementation of such programs.
(2) An assessment of the current policies and practices of the
Department of Defense with respect to the protection of members of the
Armed Forces overseas against terrorist attack, including any
modifications to such policies or practices that are proposed or
implemented as a result of the assessment.
(3) An assessment of the procedures of the Department of Defense for
determining accountability, if any, in the command structure of the
Armed Forces in instances in which a terrorist attack results in the
loss of life at an overseas military installation or facility.
(4) A detailed description of the roles of the Office of the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, and the combatant commanders in
providing guidance and support with respect to the protection of members
of the Armed Forces deployed overseas against terrorist attack (both
before and after the November, 1995 bombing in Riyadh, Saudi Arabia) and
how these roles have changed since the June 25, 1996, terrorist bombing
at Khobar Towers in Dhahran, Saudi Arabia.
(5) A description of the actions taken by the Secretary of Defense
under subsections (a), (b), and (c) to provide adequate troop protection
equipment for units of the Armed Forces engaged in a peace operation.
Subtitle F--Matters Relating to Defense Property
SEC. 1061. LEASE OF NONEXCESS PERSONAL PROPERTY OF MILITARY DEPARTMENTS.
(a) Receipt of Fair Market Value.--Subsection (b)(4) of section 2667
of title 10, United States Code, is amended by striking out ``, in the
case of the lease of real property,''.
(b) Competitive Selection.--Such section is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
``(g)(1) If a proposed lease under subsection (a) involves only
personal property, the lease term exceeds one year, and the fair market
value of the lease interest exceeds $100,000, as determined by the
Secretary concerned, the Secretary shall use competitive procedures to
select the lessee.
``(2) Not later than 45 days before entering into a lease described
in paragraph (1), the Secretary concerned shall submit to Congress
written notice describing the terms of the proposed lease and the
competitive procedures used to select the lessee.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``2667. Leases: non-excess property of military departments''.
(2) The table of sections at the beginning of chapter 159 of title
10, United States Code, is amended by striking out the item relating to
section 2667 and inserting in lieu thereof the following new item:
``2667. Leases: non-excess property of military departments.''.
(d) Conforming Amendment.--Section 2490a(f)(2) of title 10, United
States Code, is amended by striking out ``section 2667(g)'' and
inserting in lieu thereof ``section 2667(h)''.
SEC. 1062. LEASE OF NONEXCESS PROPERTY OF DEFENSE AGENCIES.
(a) Lease Authority.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2667 the following new section:
``2667a. Leases: non-excess property of Defense Agencies
``(a) Lease Authority.--Whenever the Secretary of Defense considers
it advantageous to the United States, the Secretary may lease to such
lessee and upon such terms as the Secretary considers will promote the
national defense or to be in the public interest, personal property that
is--
``(1) under the control of a Defense Agency;
``(2) not for the time needed for public use; and
``(3) not excess property, as defined by section 3 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 472).
``(b) Limitation, Terms, and Conditions.--A lease under subsection
(a)--
``(1) may not be for more than five years unless the Secretary of
Defense determines that a lease for a longer period will promote the
national defense or be in the public interest;
``(2) may give the lessee the first right to buy the property if the
lease is revoked to allow the United States to sell the property under
any other provision of law;
``(3) shall permit the Secretary to revoke the lease at any time,
unless the Secretary determines that the omission of such a provision
will promote the national defense or be in the public interest;
``(4) shall provide for the payment (in cash or in kind) by the
lessee of consideration in an amount that is not less than the fair
market value of the lease interest, as determined by the Secretary; and
``(5) may provide, notwithstanding any other provision of law, for
the improvement, maintenance, protection, repair, restoration, or
replacement by the lessee, of the property leased as the payment of part
or all of the consideration for the lease.
``(c) Competitive Selection.--(1) If the term of a proposed lease
under subsection (a) exceeds one year and the fair market value of the
lease interest exceeds $100,000, as determined by the Secretary of
Defense, the Secretary shall use competitive procedures to select the
lessee.
``(2) Not later than 45 days before entering into a lease described
in paragraph (1), the Secretary shall submit to Congress a written
notice describing the terms of the proposed lease and the competitive
procedures used to select the lessee.
``(d) Disposition of Money Rent.--Money rentals received pursuant to
a lease entered into by the Secretary of Defense under subsection (a)
shall be deposited in a special account in the Treasury established for
the Defense Agency whose property is subject to the lease. Amounts in a
Defense Agency's special account shall be available, to the extent
provided in appropriations Acts, solely for the maintenance, repair,
restoration, or replacement of the leased property.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2667 the following new item:
``2667a. Leases: non-excess property of Defense Agencies.''.
SEC. 1063. DONATION OF EXCESS CHAPEL PROPERTY TO CHURCHES
DAMAGED OR DESTROYED BY ARSON OR OTHER ACTS OF TERRORISM.
(a) Authority to Donate.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new section:
``2580. Donation of excess chapel property
``(a) Authority to Donate.--The Secretary of a military department
may donate personal property specified in subsection (b) to an
organization described in section 501(c)(3) of the Internal Revenue Code
of 1986 that is a religious organization in order to assist the
organization in restoring or replacing property of the organization that
has been damaged or destroyed as a result of an act of arson or
terrorism, as determined pursuant to procedures prescribed by the
Secretary of Defense.
``(b) Property Covered.--(1) The property authorized to be donated
under subsection (a) is furniture and other personal property that--
``(A) is in, or was formerly in, a chapel under the jurisdiction of
the Secretary of a military department and closed or being closed; and
``(B) is determined by the Secretary to be excess to the
requirements of the armed forces.
``(2) No real property may be donated under this section.
``(c) Donees Not To Be Charged.--No charge may be imposed by the
Secretary of a military department on a donee of property under this
section in connection with the donation. However, the donee shall agree
to defray any expense for shipping or other transportation of property
donated under this section from the location of the property when
donated to any other location.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2580. Donation of excess chapel property.''.
SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING
DISPOSAL OF ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE IN
CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense, pursuant to an
amendment or amendments to the European air defense agreements, may
dispose of any defense articles owned by the United States and acquired
to carry out such agreements by providing such articles to the Federal
Republic of Germany. In carrying out such disposal, the Secretary--
(1) may provide without monetary charge to the Federal Republic of
Germany articles specified in the agreements; and
(2) may accept from the Federal Republic of Germany (in exchange for
the articles provided under paragraph (1)) articles, services, or any
other consideration, as determined appropriate by the Secretary.
(b) Definition of European Air Defense Agreements.--For the purposes
of this section, the term ``European air defense agreements'' means--
(1) the agreement entitled ``Agreement between the Secretary of
Defense of the United States of America and the Minister of Defense of
the Federal Republic of Germany on Cooperative Measures for Enhancing
Air Defense for Central Europe'', signed on December 6, 1983; and
(2) the agreement entitled ``Agreement between the Secretary of
Defense of the United States of America and the Minister of Defense of
the Federal Republic of Germany in implementation of the 6 December 1983
Agreement on Cooperative Measures for Enhancing Air Defense for Central
Europe'', signed on July 12, 1984.
SEC. 1065. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE
AMMUNITION AND AMMUNITION COMPONENTS.
(a) Authority.--(1) Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
``4687. Sale of excess, obsolete, or unserviceable ammunition
and ammunition components
``(a) Authority To Sell Outside DoD.--The Secretary of the Army may
sell to an eligible purchaser described in subsection (c) ammunition or
ammunition components that are excess, obsolete, or unserviceable and
have not been demilitarized if--
``(1) the purchaser enters into an agreement, in advance, with the
Secretary--
``(A) to demilitarize the ammunition or components; and
``(B) to reclaim, recycle, or reuse the component parts or
materials; or
``(2) the Secretary, or an official of the Department of the Army
designated by the Secretary, approves the use of the ammunition or
components proposed by the purchaser as being consistent with the public
interest.
``(b) Method of Sale.--The Secretary shall use competitive procedures
to sell ammunition and ammunition components under this section, except
that the Secretary may use procedures other than competitive procedures
in any case in which the Secretary determines that there is only one
potential buyer of the items being offered for sale.
``(c) Eligible Purchasers.--To be eligible to purchase excess,
obsolete, or unserviceable ammunition or ammunition components under
this section, the purchaser shall be a licensed manufacturer (as defined
in section 921(10) of title 18) that, as determined by the Secretary,
has a capability to modify, reclaim, transport, and either store or sell
the ammunition or ammunition components sought to be purchased.
``(d) Hold Harmless Agreement.--The Secretary shall require a
purchaser of ammunition or ammunition components under this section to
agree to hold harmless and indemnify the United States from any claim
for damages for death, injury, or other loss resulting from a use of the
ammunition or ammunition components, except in a case of willful
misconduct or gross negligence of a representative of the United States.
``(e) Verification of Demilitarization.--The Secretary shall
establish procedures for ensuring that a purchaser of ammunition or
ammunition components under this section demilitarizes the ammunition or
ammunition components in accordance with any agreement to do so under
subsection (a)(1). The procedures shall include on-site verification of
demilitarization activities.
``(f) Consideration.--The Secretary may accept ammunition, ammunition
components, or ammunition demilitarization
services as consideration for ammunition or ammunition
components sold under this section. The fair market value of any such
consideration shall be equal to or exceed the fair market value or, if
higher, the sale price of the ammunition or ammunition components sold.
``(g) Relationship to Arms Export Control Act.--Nothing in this
section shall be construed to affect the applicability of section 38 of
the Arms Export Control Act (22 U.S.C. 2778) to sales of ammunition or
ammunition components on the United States Munitions List.
``(h) Definitions.--In this section:
``(1) The term `excess, obsolete, or unserviceable', with respect to
ammunition or ammunition components, means that the ammunition or
ammunition components are no longer necessary for war reserves or for
support of training of the Army or production of ammunition or
ammunition components.
``(2) The term `demilitarize', with respect to ammunition or
ammunition components--
``(A) means to destroy the military offensive or defensive
advantages inherent in the ammunition or ammunition components; and
``(B) includes any mutilation, scrapping, melting, burning, or
alteration that prevents the use of the ammunition or ammunition
components for the military purposes for which the ammunition or
ammunition components was designed or for a lethal purpose.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4687. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.''.
(b) Review of Initial Sales.--(1) For each of the first three fiscal
years during which the Secretary of the Army sells ammunition or
ammunition components under the authority of section 4687 of title 10,
United States Code, as added by subsection (a), the Director of the Army
Audit Agency shall conduct a review of sales under such section to
ensure that--
(A) purchasers that enter into an agreement under subsection (a)(1)
of such section to demilitarize the purchased ammunition or ammunition
components fully comply with the agreement; and
(B) purchasers that are authorized under subsection (a)(2) of such
section to use the purchased ammunition or ammunition components
actually use the ammunition or ammunition components in the manner
proposed.
(2) Not later than 180 days after the end of each fiscal year in
which the review is conducted, the Secretary of the Army shall submit to
Congress a report containing the results of the review for the fiscal
year covered by the report.
SEC. 1066. TRANSFER OF B 17 AIRCRAFT TO MUSEUM.
(a) Authority.--The Secretary of the Air Force may convey, without
consideration to the Planes of Fame Museum, Chino, California (in this
section referred to as the ``museum''), all right, title, and interest
of the United States in and to the B 17 aircraft known as the
``Picadilly Lilly'', an aircraft that has been in the possession of the
museum since 1959. Such a conveyance shall be made by means of a
conditional deed of gift.
(b) Condition of Aircraft.--The Secretary may not convey ownership of
the aircraft under subsection (a) until the Secretary determines that
the museum has altered the aircraft in such manner as the Secretary
determines necessary to ensure that the aircraft does not have any
capability for use as a platform for launching or releasing munitions or
any other combat capability that it was designed to have. The Secretary
is not required to repair or alter the condition of the aircraft before
conveying ownership of the aircraft.
(c) Reverter Upon Transfer of Ownership or Possession.--The Secretary
shall include in the instrument of conveyance of the aircraft--
(1) a condition that the museum not convey any ownership interest
in, or transfer possession of, the aircraft to any other party without
the prior approval of the Secretary of the Air Force; and
(2) a condition that if the Secretary of the Air Force determines at
any time that the museum has conveyed an ownership interest in, or
transferred possession of, the aircraft to any other party without the
prior approval of the Secretary, all right, title, and interest in and
to the aircraft, including any repair or alteration of the aircraft,
shall revert to the United States, and the United States shall have the
right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance
authorized by this section shall be made at no cost to the United
States. Any costs associated with such conveyance, including costs of
determining compliance with subsection (b), shall be borne by the
museum.
(e) Additional Terms and Conditions.--The Secretary of the Air Force
may require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
(f) Clarification of Liability.--Notwithstanding any other provision
of law, upon conveyance of ownership of the B 17 aircraft specified in
subsection (a) to the museum, the United States shall not be liable for
any death, injury, loss, or damage that results from any use of that
aircraft by any person other than the United States.
SEC. 1067. REPORT ON DISPOSAL OF EXCESS AND SURPLUS MATERIALS.
(a) Report Required.--Not later than January 31, 1998, the Secretary
of Defense shall submit to Congress a report on the actions that have
been taken or are planned to be taken within the Department of Defense
to address problems with the sale or other disposal of materials that
are excess or surplus to the needs of the Department of Defense.
(b) Required Content.-- At a minimum, the report shall address the
following issues:
(1) The effort to standardize the coding of military equipment for
demilitarization at all stages of the process, from initial acquisition
through disposal.
(2) The changes underway to improve the methods used for the
demilitarization of military equipment.
(3) Recent efforts to improve the accuracy of coding performed by
Government employees and contractor employees.
(4) Recent efforts to improve the enforcement of the penalties that
are applicable to Government employees and contractor employees who fail
to comply with rules or procedures applicable to the demilitarization of
military equipment.
(5) The methods of oversight and enforcement used by the Department
of Defense to review the demilitarization of military equipment by the
purchasers of the equipment.
(6) The current and planned controls designed to prevent the
inappropriate transfer of excess military equipment outside the United
States.
(7) The current procedures used by the Department, including
repurchase, to recover military equipment that is sold or otherwise
disposed of without appropriate action having been taken to demilitarize
the equipment or to provide for demilitarization of the equipment.
(8) The legislative changes, if any, that would be necessary to
improve the recovery rate under the procedures identified under
paragraph (7).
(c) Identification of Frequent Errors and Misuse.--Based on fiscal
year 1997 findings, the Secretary of Defense shall identify in the
report--
(1) the 50 categories of military equipment that most frequently
received an erroneous demilitarization code; and
(2) the categories of military equipment that are particularly
vulnerable to improper use after disposal.
Subtitle G--Other Matters
SEC. 1071. AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE
CRIMINAL INVESTIGATIVE SERVICE TO EXECUTE WARRANTS AND MAKE ARRESTS.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1585 the following new section:
``1585a. Special agents of the Defense Criminal Investigative
Service: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of Defense may authorize any DCIS
special agent described in subsection (b)--
``(1) to execute and serve any warrant or other process issued under
the authority of the United States; and
``(2) to make arrests without a warrant--
``(A) for any offense against the United States committed in the
presence of that agent; and
``(B) for any felony cognizable under the laws of the United States
if the agent has probable cause to believe that the person to be
arrested has committed or is committing the felony.
``(b) Agents To Have Authority.--Subsection (a) applies to any DCIS
special agent whose duties include conducting, supervising, or
coordinating investigations of criminal activity in programs and
operations of the Department of Defense.
``(c) Guidelines on Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Inspector General of the Department of Defense and
approved by the Attorney General and any other applicable guidelines
prescribed by the Secretary of Defense or the Attorney General.
``(d) DCIS Special Agent Defined.--In this section, the term `DCIS
special agent' means an employee of the Department of Defense who is a
special agent of the Defense Criminal Investigative Service (or any
successor to that service).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1585 the following new item:
``1585a. Special agents of the Defense Criminal Investigative
Service: authority to execute warrants and make arrests.''.
SEC. 1072. STUDY OF INVESTIGATIVE PRACTICES OF MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS RELATING TO SEX CRIMES.
(a) Independent Study Required.--(1) The Secretary of Defense shall
provide for an independent study of the policies, procedures, and
practices of the military criminal investigative organizations for the
conduct of investigations of complaints of sex crimes and other criminal
sexual misconduct arising in the Armed Forces.
(2) The Secretary shall provide for the study to be conducted by the
National Academy of Public Administration. The amount of a contract for
the study may not exceed $2,000,000.
(3) The Secretary shall require that all components of the Department
of Defense cooperate fully with the organization carrying out the study.
(b) Matters To Be Included in Study.--The Secretary shall require
that the organization conducting the study under this section
specifically consider each of the following matters:
(1) The need (if any) for greater organizational independence and
autonomy for the military criminal investigative organizations than
exists under current chain-of-command structures within the military
departments.
(2) The authority of each of the military criminal investigative
organizations to investigate allegations of sex crimes and other
criminal sexual misconduct and the policies of those organizations for
carrying out such investigations.
(3) The training (including training in skills and techniques
related to the conduct of interviews) provided by
each of those organizations to agents or prospective agents
responsible for conducting or providing support to investigations of
alleged sex crimes and other criminal sexual misconduct, including--
(A) the extent to which that training is comparable to the training
provided by the Federal Bureau of Investigation and other civilian law
enforcement agencies; and
(B) the coordination of training and investigative policies related
to alleged sex crimes and other criminal sexual misconduct of each of
those organizations with the Federal Bureau of Investigation and other
civilian Federal law enforcement agencies.
(4) The procedures and relevant professional standards of each
military criminal investigative organization with regard to recruitment
and hiring of agents, including an evaluation of the extent to which
those procedures and standards provide for--
(A) sufficient screening of prospective agents based on background
investigations; and
(B) obtaining sufficient information about the qualifications and
relevant experience of prospective agents.
(5) The advantages and disadvantages of establishing, within each of
the military criminal investigative organizations or within the Defense
Criminal Investigative Service only, a special unit for the
investigation of alleged sex crimes and other criminal sexual
misconduct.
(6) The clarity of guidance for, and consistency of investigative
tactics used by, each of the military criminal investigative
organizations for the investigation of alleged sex crimes and other
criminal sexual misconduct, together with a comparison with the guidance
and tactics used by the Federal Bureau of Investigation and other
civilian law enforcement agencies for such investigations.
(7) The number of allegations of agent misconduct in the
investigation of sex crimes and other criminal sexual misconduct for
each of those organizations, together with a comparison with the number
of such allegations concerning agents of the Federal Bureau of
Investigation and other civilian law enforcement agencies for such
investigations.
(8) The procedures of each of the military criminal investigative
organizations for administrative identification (known as ``titling'')
of persons suspected of committing sex crimes or other criminal sexual
misconduct, together with a comparison with the comparable procedures of
the Federal Bureau of Investigation and other civilian Federal law
enforcement agencies for such investigations.
(9) The accuracy, timeliness, and completeness of reporting of sex
crimes and other criminal sexual misconduct by each of the military
criminal investigative organizations to the National Crime Information
Center maintained by the Department of Justice.
(10) Any recommendation for legislation or administrative action to
revise the organizational or operational arrangements of the military
criminal investigative organizations or to alter recruitment, training,
or operational procedures, as they pertain to the investigation of sex
crimes and other criminal sexual misconduct.
(c) Report.--(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit to the
Secretary a report on the study not later than one year after the date
of the enactment of this Act. The organization shall include in the
report its findings and conclusions concerning each of the matters
specified in subsection (b).
(2) The Secretary shall submit the report under paragraph (1),
together with the Secretary's comments on the report, to Congress not
later than 30 days after the date on which the report is submitted to
the Secretary under paragraph (1).
(d) Military Criminal Investigative Organization Defined.--For the
purposes of this section, the term ``military criminal investigative
organization'' means any of the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Defense Criminal Investigative Service.
(e) Criminal Sexual Misconduct Defined.--For the purposes of this
section, the term ``criminal sexual misconduct'' means conduct by a
member of the Armed Forces involving sexual abuse, sexual harassment, or
other sexual misconduct that constitutes an offense under the Uniform
Code of Military Justice.
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10 , United States Code.--Title 10, United States Code, is
amended as follows:
(1) The tables of chapters at the beginning of subtitle A, and at
the beginning of part I of subtitle A, are each amended by striking out
``471'' in the item relating to chapter 23 and inserting in lieu thereof
``481''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, are each amended by striking out
``2540'' in the item relating to chapter 152 and inserting in lieu
thereof ``2541''.
(3) Section 116(b)(2) is amended by striking out ``such subsection''
and inserting in lieu thereof ``subsection (a)''.
(4) Section 129c(e)(1) is amended by striking out ``section
115a(g)(2)'' and inserting in lieu thereof ``section 115a(e)(2)''.
(5) Section 193(d)(1) is amended by striking out ``performs'' and
inserting in lieu thereof ``perform''.
(6) Section 382(g) is amended by striking out ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1997'' and inserting in lieu thereof ``September 23, 1996''.
(7) Section 443(b)(1) is amended by striking out the period at the
end and inserting in lieu thereof a semicolon.
(8) Section 445 is amended--
(A) by striking out ``(1)'' before ``Except with'';
(B) by redesignating subparagraphs (A), (B), and (C) as paragraphs
(1), (2), and (3), respectively;
(C) by striking out ``(2)'' before ``Whenever it appears'' and
inserting in lieu thereof ``(b) Injunctive Relief.--''; and
(D) by striking out ``paragraph (1)'' and inserting in lieu thereof
``subsection (a)''.
(9) Section 858b(a)(1) is amended in the first sentence by striking
out ``forfeiture'' and all that follows through ``due that member'' and
inserting in lieu thereof ``forfeiture of pay, or of pay and allowances,
due that member''.
(10) The item relating to section 895 (article 95) in the table of
sections at the beginning of subchapter X of chapter 47 is amended by
striking out ``Art.''.
(11) Section 943(c) is amended--
(A) by capitalizing the initial letter of the third word of the
subsection heading;
(B) in the second sentence, by striking out ``Court'' and inserting
in lieu thereof ``court''; and
(C) in the third sentence, by striking out ``such positions'' and
inserting in lieu thereof ``positions referred to in the preceding
sentences''.
(12) Section 954 is amended by striking out ``this'' and inserting
in lieu thereof ``his''.
(13) Section 971(b)(4) is amended by capitalizing the first letter
of the fifth and sixth words.
(14) Section 972(b) is amended by striking out ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1996'' in the matter preceding paragraph (1) and inserting in lieu
thereof ``February 10, 1996''.
(15) Section 976(f) is amended by striking out ``shall,'' and all
that follows and inserting in lieu thereof ``shall be fined under title
18 or imprisoned not more than 5 years, or both, except that, in the
case of an organization (as defined in section 18 of such title), the
fine shall not be less than $25,000.''.
(16) Section 977 is amended--
(A) in subsection (c), by striking out ``Beginning on October 1,
1996, not more than'' and inserting in lieu thereof ``Not more than'';
and
(B) in subsection (d)(2), by striking out ``before October 1,
1996,'' and all that follows through ``so assigned'' the second place it
appears.
(17) Section 1078a(g)(4)(B)(iii)(II) is amended by striking out
``section 1447(8)'' and inserting in lieu thereof ``section 1447(13)''.
(18) Section 1129(c) is amended--
(A) by striking out ``the date of the enactment of this section,''
and inserting in lieu thereof ``November 30, 1993,''; and
(B) by striking out ``before the date of the enactment of this
section or'' and inserting in lieu thereof ``before such date or''.
(19) Section 1151(b) is amended by capitalizing the first letter of
the second word in the subsection heading.
(20) Section 1152(g) is amended by inserting ``(1)'' before ``The
Secretary may''.
(21) Section 1143(d) is amended by striking out ``section 806(a)(2)
of the Military Family Act of 1985'' and inserting in lieu thereof
``section 1784(a)(2) of this title''.
(22) Section 1174(a)(1) is amended by striking out ``, 1177,''.
(23) Section 1406 is amended--
(A) by striking out ``3962(b)'' in footnote number 3 in the table in
subsection (b)(1) and in footnote number 1 in the table in subsection
(c)(1) and inserting in lieu thereof ``3962''; and
(B) by striking out ``8962(b)'' in footnote number 3 in the table in
subsection (b)(1) and in footnote number 1 in the table in subsection
(e)(1) and inserting in lieu thereof ``8962''.
(24) Section 1408(d) is amended--
(A) by decapitalizing the first letter of the fifth word in the
subsection heading;
(B) by redesignating the second paragraph (6) as paragraph (7); and
(C) in paragraph (7), as so redesignated, by striking out ``out-of
State'' in subparagraph (A) and inserting in lieu thereof
``out-of-State''.
(25) Section 1408(g) is amended by decapitalizing the first letter
of the second and ninth words in the subsection heading.
(26) Section 1444a(b) is amended by striking out ``section 1455(c)''
and inserting in lieu thereof ``section 1455(d)(2)''.
(27) Section 1448 is amended by capitalizing the first letter of the
third word of the section heading.
(28) Section 1451(a)(2) is amended by inserting a period in the
paragraph heading before the one-em dash.
(29) Section 1452 is amended--
(A) in subsection (a)(1)(A), by striking out ``providing'' in the
matter preceding clause (i) and inserting in lieu thereof ``provided'';
and
(B) in subsection (e), by striking out ``section 8339(i)'' and
``section 8331(b)'' and inserting in lieu thereof ``section 8339(j)''
and ``section 8341(b)'', respectively.
(30) Section 1504(i)(1) is amended by striking out ``this
subsection'' and inserting in lieu thereof ``this section''.
(31) Section 1599c(c)(1)(F) is amended by striking out ``Sections
106(f)'' and inserting in lieu thereof ``Sections 106(e)''.
(32) Section 1613(a) is amended by striking out ``1604'' and
inserting in lieu thereof ``1603''.
(33) Section 1763 is amended--
(A) by striking out ``On and after October 1, 1993, the Secretary of
Defense'' and inserting in lieu thereof ``The Secretary of Defense'';
and
(B) by striking out ``secretaries'' and inserting in lieu thereof
``Secretaries''.
(34) Section 1792 is amended--
(A) in subsection (a)(1), by striking out the comma after
``implementing''; and
(B) in subsection (d)(2), by striking out ``section 1794'' and
inserting in lieu thereof ``section 1784''.
(35) Section 2010(e) is repealed.
(36) Section 2107a(g) is amended by inserting ``the'' after ``August
1, 1979, as a member of''.
(37) Section 2109(c)(1)(A) is amended by striking out ``section
2106(b)(6)'' and inserting in lieu thereof ``section 2104(b)(6)''.
(38) Section 2114(h) is amended by striking out ``section
2123(e)(1)'' and inserting in lieu thereof ``section 2123(e)''.
(39) Section 2198(c) is amended by striking out ``identified in''
and all that follows through the period at the end and inserting in lieu
thereof ``that is identified under section 2505 of this title as
critical for attaining the national security objectives set forth in
section 2501(a) of this title.''.
(40) Section 2249a(a)(1) is amended by striking out ``50 App.
2405(j)'' and inserting in lieu thereof ``50 U.S.C. App.
2405(j)(1)(A)''.
(41) Section 2302d(a)(2) is amended by striking out ``procurement
of'' and inserting in lieu thereof ``procurement for the system is
estimated to be''.
(42) Section 2304(c)(5) is amended by striking out ``subsection
(j)'' and inserting in lieu thereof ``subsection (k)''.
(43) Section 2304(f) is amended--
(A) in paragraph (1)(B)(iii), by striking out ``(6)(C)'' and
inserting in lieu thereof ``(6)(B)''; and
(B) in paragraph (6)--
(i) by striking out subparagraph (B); and
(ii) by redesignating subparagraph (C) as subparagraph (B) and in
that subparagraph by striking out ``paragraph (1)(B)(iv)'' and inserting
in lieu thereof ``paragraph (1)(B)(iii)''.
(44) Section 2305a(a) is amended by striking out ``(41 U.S.C.'' and
inserting in lieu thereof ``(40 U.S.C.''.
(45) Section 2306(h) is amended by inserting ``for the purchase of
property'' after ``Multiyear contracting authority''.
(46) Section 2306a(a)(5) is amended by striking out ``subsection
(b)(1)(B)'' and inserting in lieu thereof ``subsection (b)(1)(C)''.
(47) Section 2306b is amended by striking out ``this subsection'' in
the first sentence of subsection (k) and inserting in lieu thereof
``this section''.
(48)(A) The heading of section 2306b is amended to read as follows:
``2306b. Multiyear contracts: acquisition of property''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 137 is amended to read as follows:
``2306b. Multiyear contracts: acquisition of property.''.
(49) Section 2315(a) is amended by striking out ``the Information
Technology Management Reform Act of 1996'' and inserting in lieu thereof
``division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.)''.
(50) Section 2371a is amended by inserting ``Defense'' before
``Advanced Research Projects Agency''.
(51) Section 2375(c) is amended--
(A) by striking out ``provisions relating to exceptions'' and
inserting in lieu thereof ``a provision relating to an exception''; and
(B) by striking out ``section 2306a(d)'' and inserting in lieu
thereof ``section 2306a(b)''.
(52) Section 2401a(a) is amended by striking out ``leasing of such
vehicles'' and inserting in lieu thereof ``such leasing''.
(53) Section 2491(8) is amended by striking out ``that appears'' and
all that follows through the period at the end and inserting in lieu
thereof ``that is identified under section 2505 of this title as
critical for attaining the national security objectives set forth in
section 2501(a) of this title.''.
(54) Section 2533(a) is amended by striking out the first closing
parenthesis after ``41 U.S.C. 10a''.
(55) Section 2534(b)(3) is amended by striking out ``(a)(3)(A)(ii)''
and inserting in lieu thereof ``(a)(3)(A)(iii)''.
(56) Section 2554(c)(1) is amended by striking out ``the date of the
enactment of this Act'' and inserting in lieu thereof ``September 23,
1996''.
(57) Section 2645(a)(1)(B) is amended by striking out ``on which''
after ``the date on which''.
(58) Section 2684(b) is amended by striking out ``, United States
Code,''.
(59) Section 2694(b)(1)(D) is amended by striking out ``executive
ageny'' and inserting in lieu thereof ``executive agency''.
(60) Section 2878(d)(4) is amended by striking out ``11401'' and
inserting in lieu thereof ``11411''.
(61) Section 2885 is amended by striking out ``five years after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 1996'' and inserting in lieu thereof ``on February 10,
2001''.
(62) Sections 4342(a)(10), 6954(a)(10), and 9342(a)(10) are amended
by striking out ``Marianas'' and inserting in lieu thereof ``Mariana''.
(63) Section 7606(e) is amended by striking out ``sections'' and
inserting in lieu thereof ``section''.
(64) Section 7902(b)(8) is amended by inserting ``United States''
before ``Geological Survey''.
(65) Section 8038(e) is amended by striking out ``(1)''.
(66) The item relating to section 8069 in the table of sections at
the beginning of chapter 807 is amended by striking out ``Nurse Corps''
and inserting in lieu thereof ``nurses''.
(67) Section 12733(3) is amended--
(A) by inserting a comma after ``(B)''; and
(B) by striking out ``in which the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1997 occurs'' and
inserting in lieu thereof ``that includes September 23, 1996,''.
(68) Section 14317(d) is amended by striking out ``section 14314''
in the first sentence and inserting in lieu thereof ``section 14315''.
(b) Title 37 , United States Code.--Section 205(d) of title 37,
United States Code, is amended by striking out the period after ``August
1, 1979'' and inserting in lieu thereof a comma.
(c) Public Law 104 201.--Effective as of September 23, 1996, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104 201) is amended as follows:
(1) Section 324(b)(2) (110 Stat. 2480) is amended by inserting after
``In this subsection'' the following: ``and subsection (c)''.
(2) Section 367 (110 Stat. 2496) is amended--
(A) in subsection (a), by striking out ``Subchapter II of chapter''
and inserting in lieu thereof ``Chapter''; and
(B) in subsection (b), by striking out ``subchapter'' and inserting
in lieu thereof ``chapter''.
(3) Section 371(a) (110 Stat. 2499) is amended by striking out
``Section 559(a)(1)'' and inserting in lieu thereof ``Section 559''.
(4) Section 531(a) (110 Stat. 2517) is amended by inserting ``of
title 10, United States Code,'' before ``is amended''.
(5) Section 614(b)(2)(B) (110 Stat. 2544) is amended by striking out
``the period'' and inserting in lieu thereof ``the semicolon''.
(6) Section 802(1) (110 Stat. 2604) is amended by striking out
``1995'' in the first quoted matter therein and inserting in lieu
thereof ``1996''.
(7) Section 829(c) (110 Stat. 2612) is amended--
(A) in paragraph (2), by striking out ``Section 2502(b)'' and
inserting in lieu thereof ``Section 2502(c)''; and
(B) by redesignating paragraph (3) as subparagraph (C) of paragraph
(2).
(8) Section 1116(b) (110 Stat. 2686) is amended by striking out
``section 1122'' and inserting in lieu thereof ``section 1111''.
(9) Section 1606 (110 Stat. 2737) is amended--
(A) in subsection (a)(1)--
(i) by striking out the comma before ``or are''; and
(ii) by inserting a semicolon after ``Secretary of Defense'';
(B) in subsection (b)(1)(A), by striking out ``Secretary of each''
and inserting in lieu thereof ``secretary of each''; and
(C) in subsection (b)(2)(B), by inserting a semicolon after
``Defense''.
(d) Other Annual Defense Authorization Acts.--
(1) Effective as of February 10, 1996, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104 106) is amended as follows:
(A) Section 321(a)(2)(A) (110 Stat. 251) is amended by striking out
``2710(d)'' and inserting in lieu thereof ``2701(d)''.
(B) Section 356(d)(3) (110 Stat. 271) is amended by striking out
``or'' after ``to any provision'' and inserting in lieu thereof ``of''.
(C) Section 533(b) (110 Stat. 315) is amended by inserting before
the period at the end the following: ``and the amendments made by
subsection (b), effective as of October 5, 1994''.
(D) Section 703(b) (110 Stat. 372) is amended by striking out ``Such
paragraph'' and inserting in lieu thereof ``Such section''.
(E) Section 1501 (110 Stat. 500) is amended--
(i) in subsection (d)(1), by striking out ``337(b)'' and ``2717''
and inserting in lieu thereof ``377(b)'' and ``2737'', respectively; and
(ii) in subsection (f)(2), by inserting ``of the Reserve Officer
Personnel Management Act'' before ``shall take''.
(2) The National Defense Authorization Act for Fiscal Year 1993
(Public Law 102 484) is amended as follows:
(A) Section 812(c) (10 U.S.C. 1723 note) is amended by inserting
``and Technology'' after ``for Acquisition''.
(B) Section 1091( l)(3) (32 U.S.C. 501 note) is amended by striking
out ``the day preceding the date of the enactment of this Act'' and
inserting in lieu thereof ``October 19, 1994''.
(C) Section 4471 (10 U.S.C. 2501 note) is amended by realigning
subsection (e) so as to be flush to the left margin.
(3) Section 807(b)(2)(A) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102 190; 10 U.S.C. 2320 note)
is amended by inserting before the period the following: ``and
Technology''.
(4) The National Defense Authorization Act for Fiscal Year 1991
(Public Law 101 510) is amended as follows:
(A) Section 1205 (10 U.S.C. 1746 note) is amended by striking out
``Under Secretary of Defense for Acquisition'' each place it appears and
inserting in lieu thereof ``Under Secretary of Defense for Acquisition
and Technology''.
(B) Section 2905 (10 U.S.C. 2687 note) is amended--
(i) in subsection (b)(7), by striking out ``4331'' in subparagraphs
(K)(iii) and (L)(iv)(III) and inserting in lieu thereof ``4321''; and
(ii) in subsection (f)(3), by striking out ``section 2873(a)'' and
inserting in lieu thereof ``section 2883(a)''.
(C) Section 2921 (10 U.S.C. 2687 note) is amended--
(i) in subsection (e)(3)(B), by striking out ``Defense
Subcommittees'' and inserting in lieu thereof ``Subcommittee on
Defense''; and
(ii) in subsection (f)(2), by striking out ``the Committees on Armed
Services of the Senate and House of Representatives'' and inserting in
lieu thereof ``the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives''.
(5) Section 1121(c) of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100 180; 10 U.S.C. 113 note) is
amended by striking out ``under this section--'' and all that follow
through ``fiscal year 1990'' and inserting in lieu thereof ``under this
section may not exceed 5,000 during any fiscal year''.
(6) Section 204(e)(3) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687
note) is amended by striking out ``section 2873(a)'' and inserting in
lieu thereof ``section 2883(a)''.
(e) Title 5 , United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 5315 is amended--
(A) in the item relating to the Chief Information Officer of the
Department of the Interior, by inserting ``the'' before ``Interior'';
and
(B) in the item relating to the Chief Information Officer of the
Department of the Treasury, by inserting ``the'' before ``Treasury''.
(2) Section 5316 is amended by striking out ``Atomic Energy'' after
``Assistant to the Secretary of Defense for'' and inserting in lieu
thereof ``Nuclear and Chemical and Biological Defense Programs''.
(f) Act of August 10, 1956.--Section 3(a)(3) of the Act of August 10,
1956 (33 U.S.C. 857a) is amended by striking out ``1374,''.
(g) Acquisition Policy Statutes.--
(1) Section 309 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 259) is amended by striking out ``and'' at the
end of subsection (b)(2).
(2) The Office of Federal Procurement Policy Act is amended as
follows:
(A) The item relating to section 27 in the table of contents in
section 1(b) is amended to read as follows:
``Sec. 27. Restrictions on disclosing and obtaining contractor bid
or proposal information or source selection information.''.
(B) Section 6(d) (41 U.S.C. 405(d)) is amended--
(i) by striking out the period at the end of paragraph (5)(J) and
inserting in lieu thereof a semicolon;
(ii) by moving paragraph (6) two ems to the left; and
(iii) in paragraph (12), by striking out ``small business'' and
inserting in lieu thereof ``small businesses''.
(C) Section 35(b)(2) (41 U.S.C. 431(b)(2)) is amended by striking
out ``commercial'' and inserting in lieu thereof ``commercially
available''.
(3) Section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)
is amended in subsections (d) and (e) by striking out ``(as in effect on
September 30, 1995)'' each place it appears.
(4) Subsections (d)(1) and (e) of section 16 of the Small Business
Act (15 U.S.C. 645) are each amended by striking out ``concerns'' and
inserting in lieu thereof ``concern''.
(h) Amendments To Conform Change in Short Title of Information
Technology Management Reform Act of 1996.--
(1) Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g 3) is amended in subsections (a)(4) and (b)(2) by
striking out ``Information Technology Management Reform Act of 1996''
and inserting in lieu thereof ``Clinger-Cohen Act of 1996 (40 U.S.C.
1441)''.
(2) Section 612(f) of title 28, United States Code, is amended by
striking out ``the Information Technology Management Reform Act of
1996'' and inserting in lieu thereof ``division E of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401 et seq.)''.
(3) Section 310(b) of title 38, United States Code, is amended by
striking out ``the Information Technology Management Reform Act of
1996'' and inserting in lieu thereof ``division E of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401 et seq.)''.
(4) Section 6(b) of the Computer Security Act of 1987 (40 U.S.C.
1441 note) is amended by striking out ``Information Technology
Management Reform Act of 1996'' and inserting in lieu thereof
``Clinger-Cohen Act of 1996 (40 U.S.C. 1441)''.
(5) Chapter 35 of title 44, United States Code, is amended--
(A) in section 3502(9)--
(i) by striking out ``the Information Technology Management Reform
Act of 1996'' and inserting in lieu thereof ``the Clinger-Cohen Act of
1996 (40 U.S.C. 1401)''; and
(ii) by inserting ``(40 U.S.C. 1452)'' after ``that Act'';
(B) in section 3504(h)(2), by striking out ``the Information
Technology Management Reform Act of 1996'' and inserting in lieu thereof
``division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.)''; and
(C) in sections 3504(g)(2), 3504(g)(3), 3504(h)(1)(B), and 3518(d)
by striking out ``Information Technology Management Reform Act of 1996''
and inserting in lieu thereof ``Clinger-Cohen Act of 1996 (40 U.S.C.
1441)''.
(i) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1074. SUSTAINMENT AND OPERATION OF THE GLOBAL POSITIONING SYSTEM.
(a) Findings.--Congress makes the following findings:
(1) The Global Positioning System (consisting of a constellation of
satellites and associated facilities capable of providing users on earth
with a highly precise statement of their location on earth) makes
significant contributions to the attainment of the national security and
foreign policy goals of the United States, the safety and efficiency of
international transportation, and the economic growth, trade, and
productivity of the United States.
(2) The infrastructure for the Global Positioning System (including
both space and ground segments of the infrastructure) is vital to the
effectiveness of United States and allied military forces and to the
protection of the national security interests of the United States.
(3) In addition to having military uses, the Global Positioning
System has essential civil, commercial, and scientific uses.
(4) As a result of the increasing demand of civil, commercial, and
scientific users of the Global Positioning System--
(A) there has emerged in the United States a new commercial industry
to provide Global Positioning System equipment and related services to
the many and varied users of the system; and
(B) there have been rapid technical advancements in Global
Positioning System equipment and services that have contributed
significantly to reductions in the cost of the Global Positioning System
and increases in the technical capabilities and availability of the
system for military uses.
(5) It is in the national interest of the United States for the
United States--
(A) to support continuation of the multiple-use character of the
Global Positioning System;
(B) to promote broader acceptance and use of the Global Positioning
System and the technological standards that facilitate expanded use of
the system for civil purposes;
(C) to coordinate with other countries to ensure (i) efficient
management of the electromagnetic spectrum used by the Global
Positioning System, and (ii) protection of that spectrum in order to
prevent disruption of signals from the system and interference with that
portion of the electromagnetic spectrum used by the system; and
(D) to encourage open access in all international markets to the
Global Positioning System and supporting equipment, services, and
techniques.
(b) International Cooperation.--Congress urges the President to
promote the security of the United States and its allies, the public
safety, and commercial interests by taking the following steps:
(1) Undertaking a coordinated effort within the executive branch to
seek to establish the Global Positioning System, and augmentations to
the system, as a worldwide resource.
(2) Seeking to enter into international agreements to establish
signal and service standards that protect the Global Positioning System
from disruption and interference.
(3) Undertaking efforts to eliminate any barriers to, and other
restrictions of foreign governments on, peaceful uses of the Global
Positioning System.
(4) Requiring that any proposed international agreement involving
nonmilitary use of the Global Positioning System or any augmentation to
the system not be agreed to by the United States unless the proposed
agreement has been reviewed by the Secretary of State, the Secretary of
Defense, the Secretary of Transportation, and the Secretary of Commerce
(acting as the Interagency Global Positioning System Executive Board
established by Presidential Decision Directive NSTC 6, dated March 28,
1996).
(c) Fiscal Year 1998 Prohibition of Support of Foreign System.--None
of the funds authorized to be appropriated under this Act may be used to
support the operation and maintenance or enhancement of a satellite
navigation system operated by a foreign country.
(d) In General.--(1) Part IV of subtitle A of title 10, United States
Code, is amended by inserting after chapter 134 the following new
chapter:
``CHAPTER 136--PROVISIONS RELATING TO SPECIFIC PROGRAMS
``Sec.
``2281. Global Positioning System.
``2281. Global Positioning System
``(a) Sustainment and Operation for Military Purposes.--The Secretary
of Defense shall provide for the sustainment of the capabilities of the
Global Positioning System (hereinafter in this section referred to as
the `GPS'), and the operation of basic GPS services, that are beneficial
for the
national security interests of the United States. In doing so,
the Secretary shall--
``(1) develop appropriate measures for preventing hostile use of the
GPS so as to make it unnecessary for the Secretary to use the selective
availability feature of the system continuously while not hindering the
use of the GPS by the United States and its allies for military
purposes; and
``(2) ensure that United States armed forces have the capability to
use the GPS effectively despite hostile attempts to prevent the use of
the system by such forces.
``(b) Sustainment and Operation for Civilian Purposes.--The Secretary
of Defense shall provide for the sustainment and operation of the GPS
Standard Positioning Service for peaceful civil, commercial, and
scientific uses on a continuous worldwide basis free of direct user
fees. In doing so, the Secretary--
``(1) shall provide for the sustainment and operation of the GPS
Standard Positioning Service in order to meet the performance
requirements of the Federal Radionavigation Plan prepared jointly by the
Secretary of Defense and the Secretary of Transportation pursuant to
subsection (c);
``(2) shall coordinate with the Secretary of Transportation
regarding the development and implementation by the Government of
augmentations to the basic GPS that achieve or enhance uses of the
system in support of transportation;
``(3) shall coordinate with the Secretary of Commerce, the United
States Trade Representative, and other appropriate officials to
facilitate the development of new and expanded civil and commercial uses
for the GPS;
``(4) shall develop measures for preventing hostile use of the GPS
in a particular area without hindering peaceful civil use of the system
elsewhere; and
``(5) may not agree to any restriction on the Global Positioning
System proposed by the head of a department or agency of the United
States outside the Department of Defense in the exercise of that
official's regulatory authority that would adversely affect the military
potential of the Global Positioning System.
``(c) Federal Radionavigation Plan.--The Secretary of Defense and the
Secretary of Transportation shall jointly prepare the Federal
Radionavigation Plan. The plan shall be revised and updated not less
often than every two years. The plan shall be prepared in accordance
with the requirements applicable to such plan as first prepared pursuant
to section 507 of the International Maritime Satellite
Telecommunications Act (47 U.S.C. 756). The plan, and any amendment to
the plan, shall be published in the Federal Register.
``(d) Biennial Report.--(1) Not later than 30 days after the end of
each even-numbered fiscal year, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on the Global
Positioning System. The report shall include a discussion of the
following matters:
``(A) The operational status of the system.
``(B) The capability of the system to satisfy effectively (i) the
military requirements for the system that are current as of the date of
the report, and (ii) the performance requirements of the Federal
Radionavigation Plan.
``(C) The most recent determination by the President regarding
continued use of the selective availability feature of the system and
the expected date of any change or elimination of the use of that
feature.
``(D) The status of cooperative activities undertaken by the United
States with the governments of other countries concerning the capability
of the system or any augmentation of the system to satisfy civil,
commercial, scientific, and military requirements, including a
discussion of the status and results of activities undertaken under any
regional international agreement.
``(E) Any progress made toward establishing GPS as an international
standard for consistency of navigational service.
``(F) Any progress made toward protecting GPS from disruption and
interference.
``(G) The effects of use of the system on national security,
regional security, and the economic competitiveness of United States
industry, including the Global Positioning System equipment and service
industry and user industries.
``(2) In preparing the parts of each such report required under
subparagraphs (D), (E), (F), and (G) of paragraph (1), the Secretary of
Defense shall consult with the Secretary of State, the Secretary of
Commerce, and the Secretary of Transportation.
``(e) Definitions.--In this section:
``(1) The term `basic GPS services' means the following components
of the Global Positioning System that are operated and maintained by the
Department of Defense:
``(A) The constellation of satellites.
``(B) The navigation payloads that produce the Global Positioning
System signals.
``(C) The ground stations, data links, and associated command and
control facilities.
``(2) The term `GPS Standard Positioning Service' means the civil
and commercial service provided by the basic Global Positioning System
as defined in the 1996 Federal Radionavigation Plan (published jointly
by the Secretary of Defense and the Secretary of Transportation in July
1997).''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of such title are amended by
inserting after the item relating to chapter 134 the following new item:
``136. Provisions Relating to Specific Programs
2281''.
SEC. 1075. PROTECTION OF SAFETY-RELATED INFORMATION
VOLUNTARILY PROVIDED BY AIR CARRIERS.
(a) Authority To Protect Information.--Section 2640 of title 10,
United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections (i) and
(j), respectively; and
(2) by inserting after subsection (g) the following new subsection
(h):
``(h) Authority To Protect Safety-Related Information Voluntarily
Provided by an Air Carrier.--(1) Subject to paragraph (2), the Secretary
of Defense may (notwithstanding any other provision of law) withhold
from public disclosure safety-related information that is provided to
the Secretary voluntarily by an air carrier for the purposes of this
section.
``(2) Information may be withheld under paragraph (1) from public
disclosure only if the Secretary determines that--
``(A) the disclosure of the information would inhibit an air carrier
from voluntarily providing, in the future, safety-related information
for the purposes of this section or for other air safety purposes
involving the Department of Defense or another Federal agency; and
``(B) the receipt of such information generally enhances the
fulfillment of responsibilities under this section or other air safety
responsibilities involving the Department of Defense or another Federal
agency.
``(3) If the Secretary provides to the head of another agency
safety-related information described in paragraph (1) with respect to
which the Secretary has made a determination described in paragraph (2),
the head of that agency shall (notwithstanding any other provision of
law) withhold the information from public disclosure unless the
disclosure is specifically authorized by the Secretary.''.
(b) Applicability.--Subsection (h) of section 2640 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to requests for information made on or
after the date of the enactment of this Act.
SEC. 1076. NATIONAL GUARD CHALLENGE PROGRAM TO CREATE
OPPORTUNITIES FOR CIVILIAN YOUTH.
(a) Program Authority.--Chapter 5 of title 32, United States Code, is
amended by adding at the end the following new section:
``509. National Guard Challenge Program of opportunities for
civilian youth
``(a) Program Authority and Purpose.--The Secretary of Defense,
acting through the Chief of the National Guard Bureau, may conduct a
National Guard civilian youth opportunities program (to be known as the
`National Guard Challenge Program') to use the National Guard to provide
military-based training, including supervised work experience in
community service and conservation projects, to civilian youth who cease
to attend secondary school before graduating so as to improve the life
skills and employment potential of such youth.
``(b) Conduct of the Program.--The Secretary of Defense shall provide
for the conduct of the National Guard Challenge Program in such States
as the Secretary considers to be appropriate, except that Federal
expenditures under the program may not exceed $50,000,000 for any fiscal
year.
``(c) Program Agreements.--(1) To carry out the National Guard
Challenge Program in a State, the Secretary of Defense shall enter into
an agreement with the Governor of the State or, in the case of the
District of Columbia, with the commanding general of the District of
Columbia National Guard, under which the Governor or the commanding
general will establish, organize, and administer the National Guard
Challenge Program in the State.
``(2) The agreement may provide for the Secretary to provide funds to
the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard Challenge Program.
``(d) Matching Funds Required.--The amount of assistance provided
under this section to a State program of the National Guard Challenge
Program may not exceed--
``(1) for fiscal year 1998, 75 percent of the costs of operating the
State program during that year;
``(2) for fiscal year 1999, 70 percent of the costs of operating the
State program during that year;
``(3) for fiscal year 2000, 65 percent of the costs of operating the
State program during that year; and
``(4) for fiscal year 2001 and each subsequent fiscal year, 60
percent of the costs of operating the State program during that year.
``(e) Persons Eligible to Participate in Program.--A school dropout
from secondary school shall be eligible to participate in the National
Guard Challenge Program. The Secretary of Defense shall prescribe the
standards and procedures for selecting participants from among school
dropouts.
``(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with subsection (c)
and subject to the approval of the Secretary of Defense, a person
selected for training in the National Guard Challenge Program may
receive the following benefits in connection with that training:
``(A) Allowances for travel expenses, personal expenses, and other
expenses.
``(B) Quarters.
``(C) Subsistence.
``(D) Transportation.
``(E) Equipment.
``(F) Clothing.
``(G) Recreational services and supplies.
``(H) Other services.
``(I) Subject to paragraph (2), a temporary stipend upon the
successful completion of the training, as characterized in accordance
with procedures provided in the agreement.
``(2) In the case of a person selected for training in the National
Guard Challenge Program who afterwards becomes a member of the Civilian
Community Corps under subtitle E of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the person may
not receive a temporary stipend under paragraph (1)(I) while the person
is a member of that Corps. The person may receive the temporary stipend
after completing service in the Corps unless the person elects to
receive benefits provided under subsection (f) or (g) of section 158 of
such Act (42 U.S.C. 12618).
``(g) Program Personnel.--(1) Personnel of the National Guard of a
State in which the National Guard Challenge Program is conducted may
serve on full-time National Guard duty for the purpose of providing
command, administrative, training, or supporting services for the
program. For the performance of those services, any such personnel may
be ordered to duty under section 502(f) of this title for not longer
than the period of the program.
``(2) A Governor participating in the National Guard Challenge
Program and the commanding general of the District of Columbia National
Guard (if the District of Columbia National Guard is participating in
the program) may procure by contract the temporary full time services of
such civilian personnel as may be necessary to augment National Guard
personnel in carrying out the National Guard Challenge Program in that
State.
``(3) Civilian employees of the National Guard performing services
for the National Guard Challenge Program and contractor personnel
performing such services may be required, when appropriate to achieve
the purposes of the program, to be members of the National Guard and to
wear the military uniform.
``(h) Equipment and Facilities.--(1) Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the National Guard
Challenge Program.
``(2) Activities under the National Guard Challenge Program shall be
considered noncombat activities of the National Guard for purposes of
section 710 of this title.
``(i) Status of Participants.--(1) A person receiving training under
the National Guard Challenge Program shall be considered an employee of
the United States for the purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5 (relating to
compensation of Federal employees for work injuries).
``(B) Section 1346(b) and chapter 171 of title 28 and any other
provision of law relating to the liability of the United States for
tortious conduct of employees of the United States.
``(2) In the application of the provisions of law referred to in
paragraph (1)(A) to a person referred to in paragraph (1)--
``(A) the person shall not be considered to be in the performance of
duty while the person is not at the assigned location of training or
other activity or duty authorized in accordance with a program agreement
referred to in subsection (c), except when the person is traveling to or
from that location or is on pass from that training or other activity or
duty;
``(B) the person's monthly rate of pay shall be deemed to be the
minimum rate of pay provided for grade GS 2 of the General Schedule
under section 5332 of title 5; and
``(C) the entitlement of a person to receive compensation for a
disability shall begin on the day following the date on which the
person's participation in the National Guard Challenge Program is
terminated.
``(3) A person referred to in paragraph (1) may not be considered an
employee of the United States for any purpose other than a purpose set
forth in that paragraph.
``(j) Supplemental Resources.--To carry out the National Guard
Challenge Program in a State, the Governor of the State or, in the case
of the District of Columbia, the commanding general of the District of
Columbia National Guard may supplement funds made available under the
program out of other resources (including gifts) available to the
Governor or the commanding general. The Governor or the commanding
general may accept, use, and dispose of gifts or donations of money,
other property, or services for the National Guard Challenge Program.
``(k) Report.--Within 90 days after the end of each fiscal year, the
Secretary of Defense shall submit to Congress a report on the design,
conduct, and effectiveness of the National Guard Challenge Program
during the preceding fiscal year. In preparing the report, the Secretary
shall coordinate with the Governor of each State in which the National
Guard Challenge Program is carried out and, if the program is carried
out in the District of Columbia, with the commanding general of the
District of Columbia National Guard.
``(l) Definitions.--In this section:
``(1) The term `State' includes the Commonwealth of Puerto Rico, the
territories, and the District of Columbia.
``(2) The term `school dropout' means an individual who is no longer
attending any school and who has not received a secondary school diploma
or a certificate from a program of equivalency for such a diploma.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``509. National Guard Challenge Program of opportunities for
civilian youth.''.
SEC. 1077. DISQUALIFICATION FROM CERTAIN BURIAL-RELATED
BENEFITS FOR PERSONS CONVICTED OF CAPITAL CRIMES.
(a) In General.--(1) Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``985. Persons convicted of capital crimes: denial of certain
burial-related benefits
``(a) Prohibition of Performance of Military Honors.--The Secretary
of a military department and the Secretary of Transportation, with
respect to the Coast Guard when
it is not operating as a service in the Navy, may not provide
military honors at the funeral or burial of a person who has been
convicted of a capital offense under Federal or State law for which the
person was sentenced to death or life imprisonment without parole.
``(b) Disqualification From Burial in Military Cemeteries.--A person
convicted of a capital offense under Federal law is not entitled to or
eligible for, and may not be provided, burial in--
``(1) Arlington National Cemetery;
``(2) the Soldiers' and Airmen's National Cemetery; or
``(3) any other cemetery administered by the Secretary of a military
department or the Secretary of Defense.
``(c) Definitions.--In this section:
``(1) The term `capital offense' means an offense for which the
death penalty may be imposed.
``(2) The term `burial' includes inurnment.
``(3) The term `State' includes the District of Columbia and any
commonwealth or territory of the United States.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``985. Persons convicted of capital crimes: denial of certain
burial-related benefits.''.
(b) Applicability.--Section 985 of title 10, United States Code, as
added by subsection (a), applies with respect to persons dying after
January 1, 1997.
SEC. 1078. RESTRICTIONS ON THE USE OF HUMAN SUBJECTS FOR
TESTING OF CHEMICAL OR BIOLOGICAL AGENTS.
(a) Prohibited Activities.--The Secretary of Defense may not conduct
(directly or by contract)--
(1) any test or experiment involving the use of a chemical agent or
biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological agent on
human subjects.
(b) Exceptions.--Subject to subsections (c), (d), and (e), the
prohibition in subsection (a) does not apply to a test or experiment
carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical, therapeutic,
pharmaceutical, agricultural, industrial, or research activity.
(2) Any purpose that is directly related to protection against toxic
chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose related to
riot control.
(c) Informed Consent Required.--The Secretary of Defense may conduct
a test or experiment described in subsection (b) only if informed
consent to the testing was obtained from each human subject in advance
of the testing on that subject.
(d) Prior Notice to Congress.--Not later than 30 days after the date
of final approval within the Department of Defense of plans for any
experiment or study to be conducted by the Department of Defense
(whether directly or under contract) involving the use of human subjects
for the testing of a chemical agent or a biological agent, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report setting forth a full accounting of those plans, and the
experiment or study may then be conducted only after the end of the
30-day period beginning on the date such report is received by those
committees.
(e) Biological Agent Defined.--In this section, the term ``biological
agent'' means any micro-organism (including bacteria, viruses, fungi,
rickettsiac, or protozoa), pathogen, or infectious substance, and any
naturally occurring, bioengineered, or synthesized component of any such
micro-organism, pathogen, or infectious substance, whatever its origin
or method of production, that is capable of causing--
(1) death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or materials
of any kind; or
(3) deleterious alteration of the environment.
(f) Report and Certification.--Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is
amended by adding at the end the following new paragraph:
``(9) A description of any program involving the testing of
biological or chemical agents on human subjects that was carried out by
the Department of Defense during the period covered by the report,
together with--
``(A) a detailed justification for the testing;
``(B) a detailed explanation of the purposes of the testing;
``(C) a description of each chemical or biological agent tested; and
``(D) the Secretary's certification that informed consent to the
testing was obtained from each human subject in advance of the testing
on that subject.''.
(g) Repeal of Superseded Provision of Law.--Section 808 of the
Department of Defense Appropriation Authorization Act, 1978 (50 U.S.C.
1520), is repealed.
SEC. 1079. TREATMENT OF MILITARY FLIGHT OPERATIONS.
No military flight operation (including a military training flight),
or designation of airspace for such an operation, may be treated as a
transportation program or project for purposes of section 303(c) of
title 49, United States Code.
SEC. 1080. NATURALIZATION OF CERTAIN FOREIGN NATIONALS WHO
SERVE HONORABLY IN THE ARMED FORCES DURING A PERIOD OF CONFLICT.
(a) In General.--Section 329(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1440(a)(1)) is amended--
(1) by inserting ``, reenlistment, extension of enlistment,'' after
``at the time of enlistment''; and
(2) by inserting ``or on board a public vessel owned or operated by
the United States for noncommercial service,'' after ``United States,
the Canal Zone, American Samoa, or Swains Island,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to enlistments, reenlistments, extensions of
enlistment, and inductions of persons occurring on or after the date of
the enactment of this Act.
SEC. 1081. APPLICABILITY OF CERTAIN PAY AUTHORITIES TO MEMBERS
OF SPECIFIED INDEPENDENT STUDY ORGANIZATIONS.
(a) Applicability of Certain Pay Authorities.--(1) An individual who
is a member of a commission or panel specified in subsection (b) and is
an annuitant otherwise covered by section 8344 or 8468 of title 5,
United States Code, by reason of membership on the commission or panel
is not subject to the provisions of that section with respect to such
membership.
(2) An individual who is a member of a commission or panel specified
in subsection (b) and is a member or former member of a uniformed
service is not subject to the provisions of subsections (b) and (c) of
section 5532 of such title with respect to membership on the commission
or panel.
(b) Specified Entities.--Subsection (a) applies--
(1) effective as of September 23, 1996, to members of the National
Defense Panel established by section 924 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2626); and
(2) effective as of October 9, 1996, to members of the Commission on
Servicemembers and Veterans Transition Assistance established by section
701 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104
275; 110 Stat. 3346; 38 U.S.C. 545 note).
SEC. 1082. DISPLAY OF POW/MIA FLAG.
(a) Required Display.--The POW/MIA flag shall be displayed at the
locations specified in subsection (c) on POW/MIA flag display days. Such
display shall serve (1) as the symbol of the Nation's concern and
commitment to achieving the fullest possible accounting of Americans
who, having been prisoners of war or missing in action, still remain
unaccounted for, and (2) as the symbol of the Nation's commitment to
achieving the fullest possible accounting for Americans who in the
future may become prisoners of war, missing in action, or otherwise
unaccounted for as a result of hostile action.
(b) Days for Flag Display.--(1) For purposes of this section, POW/MIA
flag display days are the following:
(A) Armed Forces Day, the third Saturday in May.
(B) Memorial Day, the last Monday in May.
(C) Flag Day, June 14.
(D) Independence Day, July 4.
(E) National POW/MIA Recognition Day.
(F) Veterans Day, November 11.
(2) In addition to the days specified in paragraph (1), POW/MIA flag
display days include--
(A) in the case of display at medical centers of the Department of
Veterans Affairs (required by subsection (c)(7)), any day on which the
flag of the United States is displayed; and
(B) in the case of display at United States Postal Service post
offices (required by subsection (c)(8)), the last business day before a
day specified in paragraph (1) that in any year is not itself a business
day.
(c) Locations for Flag Display.--The locations for the display of the
POW/MIA flag under subsection (a) are the following:
(1) The Capitol.
(2) The White House.
(3) The Korean War Veterans Memorial and the Vietnam Veterans
Memorial.
(4) Each national cemetery.
(5) The buildings containing the official office of--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Veterans Affairs; and
(D) the Director of the Selective Service System.
(6) Each major military installation, as designated by the Secretary
of Defense.b
(7) Each medical center of the Department of Veterans Affairs.
(8) Each United States Postal Service post office.
(d) Coordination With Other Display Requirement.--Display of the POW
flag at the Capitol pursuant to paragraph (1) of subsection (c) is in
addition to the display of that flag in the Rotunda of the Capitol
pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed
to on February 22, 1989 (103 Stat. 2533).
(e) Display To Be in a Manner Visible to the Public.--Display of the
POW/MIA flag pursuant to this section shall be in a manner designed to
ensure visibility to the public.
(f) Limitation.--This section may not be construed or applied so as
to require any employee to report to work solely for the purpose of
providing for the display of the POW/MIA flag.
(g) POW/MIA Flag Defined.--As used in this section, the term
``POW/MIA flag'' means the National League of Families POW/MIA flag
recognized officially and designated by section 2 of Public Law 101 355
(36 U.S.C. 189).
(h) Regulations for Implementation.--Not later than 180 days after
the date of the enactment of this Act, the head of each department,
agency, or other establishment responsible for a location specified in
subsection (c) (other than the Capitol) shall prescribe such regulations
as necessary to carry out this section.
(i) Procurement and Distribution of Flags.--Not later than 30 days
after the date of the enactment of this Act, the Administrator of
General Services shall procure POW/MIA flags and distribute them as
necessary to carry out this section.
(j) Repeal of Superseded Law.--Section 1084 of Public Law 102 190 (36
U.S.C. 189 note) is repealed.
SEC. 1083. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE
KOREAN CONFLICT.
(a) Commemorative Program.--The Secretary of Defense may conduct a
program to commemorate the 50th anniversary of the Korean conflict. In
conducting the commemorative program, the Secretary may coordinate,
support, and facilitate other programs and activities of the Federal
Government, State and local governments, and other persons in
commemoration of the Korean conflict.
(b) Commemorative Activities.--The commemorative program may include
activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of the Korean
conflict;
(2) to thank and honor veterans of the Korean conflict and their
families;
(3) to pay tribute to the sacrifices and contributions made on the
home front by the people of the United States during the Korean
conflict;
(4) to highlight advances in technology, science, and medicine
related to military research conducted during the Korean conflict;
(5) to recognize the contributions and sacrifices made by the allies
of the United States in the Korean conflict; and
(6) to highlight the role of the Armed Forces of the United States,
then and now, in maintaining world peace through strength.
(c) Names and Symbols.--The Secretary of Defense shall have the sole
and exclusive right to use the names ``The Department of Defense Korean
Conflict Commemoration'', and such seal, emblems, and badges
incorporating such name as the Secretary may lawfully adopt. Nothing in
this section may be construed to supersede rights that are established
or vested before the date of the enactment of this Act.
(d) Commemorative Account.--(1) There is established in the Treasury
an account to be known as the ``Department of Defense Korean Conflict
Commemoration Account'', which shall be administered by the Secretary of
Defense. There shall be deposited into the account all proceeds derived
from the Secretary's use of the exclusive rights described in subsection
(c). The Secretary may use funds in the account only for the purpose of
conducting the commemorative program.
(2) Not later than 60 days after completion of all activities and
ceremonies conducted as part of the commemorative program, the Secretary
shall submit to Congress a report containing an accounting of all of the
funds deposited into and expended from the account or otherwise expended
under this section, and of any funds remaining in the account.
Unobligated funds remaining in the account on that date shall be held in
the account until transferred by law.
(e) Acceptance of Voluntary Services.--(1) Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in furtherance
of the commemorative program.
(2) A person providing voluntary services under this subsection shall
be considered to be a Federal employee for purposes of chapter 81 of
title 5, United States Code, relating to compensation for work-related
injuries. The person shall also be considered a special governmental
employee for purposes of standards of conduct and sections 202, 203,
205, 207, 208, and 209 of title 18, United States Code. A person who is
not otherwise employed by the Federal Government shall not be considered
to be a Federal employee for any other purpose by reason of the
provision of voluntary services under this subsection.
(3) The Secretary may provide for reimbursement of incidental
expenses incurred by a person providing voluntary services under this
subsection. The Secretary shall determine which expenses are eligible
for reimbursement under this paragraph.
(f) Limitation on Expenditures.--Total expenditures to carry out the
commemorative program may not exceed $100,000.
SEC. 1084. COMMENDATION OF MEMBERS OF THE ARMED FORCES AND
GOVERNMENT CIVILIAN PERSONNEL WHO SERVED DURING THE COLD WAR;
CERTIFICATE OF RECOGNITION.
(a) Findings.--The Congress finds the following:
(1) During the period of the Cold War, from the end of World War II
until the collapse of the Soviet Union in 1991, the United States and
the Soviet Union engaged in a global military rivalry.
(2) This rivalry, potentially the most dangerous military
confrontation in the history of mankind, has come to a close without a
direct superpower military conflict.
(3) Military and civilian personnel of the Department of Defense,
personnel in the intelligence community, members of the foreign service,
and other officers and employees of the United States faithfully
performed their duties during the Cold War.
(4) Many such personnel performed their duties while isolated from
family and friends and served overseas under frequently arduous
conditions in order to protect the United States and achieve a lasting
peace.
(5) The discipline and dedication of those personnel were
fundamental to the prevention of a superpower military conflict.
(b) Congressional Commendation.--The Congress hereby commends the
members of the Armed Forces and civilian personnel of the Government who
contributed to the historic victory in the Cold War and expresses its
gratitude and appreciation for their service and sacrifices of.
(c) Certificates of Recognition.--The Secretary of Defense shall
prepare a certificate recognizing the Cold War service of qualifying
members of the Armed Forces and civilian personnel of the Department of
Defense and other Government agencies contributing to national security,
as determined by the Secretary, and shall provide the certificate to
such members and civilian personnel upon request.
SEC. 1085. SENSE OF CONGRESS ON GRANTING OF STATUTORY FEDERAL CHARTERS.
(a) Findings.--Congress finds that the practice of providing by
statute Federal charters to certain nonprofit organizations--
(1) may be perceived as implying a Government imprimatur of approval
of those organizations; and
(2) may mistakenly lead to public perception that the United States
ensures the integrity and worthiness of those organizations.
(b) Sense of Congress.--It is the sense of Congress--
(1) that because of the perceived implicit Government imprimatur of
approval conveyed by enactment of a Federal charter for an organization,
such a charter should be granted only in the rarest and most
extraordinary cases; and
(2) that no statutory Federal charter should be enacted after the
enactment of this Act unless the charter is approved by Congress upon
favorable report by the committees of jurisdiction of the respective
Houses.
SEC. 1086. SENSE OF CONGRESS REGARDING MILITARY VOTING RIGHTS.
(a) Findings.--Congress finds that--
(1) members of the Armed Forces have a fundamental right to vote in
Federal, State, and local elections; and
(2) an extended absense of a member of the Armed Forces from the
place of the member's residency or domicile due to military or naval
orders is not of itself grounds to consider the member's residency or
domicile as lost or changed.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, in consultation with the Attorney General, should
review how best to protect the right of members of the Armed Forces to
vote in Federal, State, and local elections while taking into account
the right of States to prescribe requirements for voter registration.
Such a review should include an assessment of challenges to military
voting rights and consideration of possible legislative remedies to
ensure that, for purposes of voting in Federal, State, and local
elections, a member of the Armed Forces who is absent from a State in
compliance with military or naval orders is not, solely by reason of
that absence, considered to have lost or changed residency or domicile.
SEC. 1087. DESIGNATION OF BOB HOPE AS AN HONORARY VETERAN OF
THE ARMED FORCES OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) In its more than 200 years of existence as a nation, the United
States has never conferred on any person the status of being an honorary
veteran of the Armed Forces of the United States.
(2) Status as an honorary veteran of the Armed Forces of the United
States is and should remain an extraordinary honor not lightly conferred
nor frequently granted.
(3) The lifetime of accomplishments and service of Leslie Townes
(Bob) Hope on behalf of members of the Armed Forces of the United States
fully justifies the conferring of that status.
(4) Bob Hope attempted to enlist in the Armed Forces to serve his
country during World War II but was informed that the greatest service
he could provide his country was as a civilian entertainer for the
troops.
(5) During World War II, the Korean Conflict, the Vietnam War, the
Persian Gulf War, and the Cold War, Bob Hope travelled to visit and
entertain millions of members of the Armed Forces in numerous countries,
on ships at sea, and in combat zones ashore.
(6) Bob Hope has been awarded the Congressional Gold Medal, the
Presidential Medal of Freedom, the Distinguished Service Medal of each
of the branches of the Armed Forces and more than 100 other citations
and awards from national veterans service organizations and civic and
humanitarian organizations.
(7) Bob Hope has given unselfishly of himself for over half a
century to be with American service members on foreign shores, working
tirelessly to bring a spirit of humor and cheer to millions of service
members during their loneliest moments, and has, thereby, extended to
them for the American people a touch of home away from home.
(b) Designation of Bob Hope as Honorary Veteran.--Congress--
(1) extends its gratitude, on behalf of the American people, to
Leslie Townes (Bob) Hope, of the State of California, for his lifetime
of accomplishments and service on behalf of members of the Armed Forces
of the United States; and
(2) hereby confers upon him the status of being an honorary veteran
of the Armed Forces of the United States.
SEC. 1088. FIVE-YEAR EXTENSION OF AVIATION INSURANCE PROGRAM.
(a) Extension.--Section 44310 of title 49, United States Code, is
amended by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 2002''.
(b) Effective Date.--This section shall take effect as of September
30, 1997.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of
Defense personnel.
Sec. 1102. Veterans' preference status for certain veterans who
served on active duty during the Persian Gulf War.
Sec. 1103. Repeal of deadline for placement consideration of
involuntarily separated military reserve technicians.
Sec. 1104. Rate of pay of Department of Defense overseas teachers
upon transfer to General Schedule position.
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation
incentive pay authority.
Sec. 1107. Use of approved fire-safe accommodations by Government
employees on official business.
Sec. 1108. Navy higher education pilot program regarding
administration of business relationships between Government and private
sector.
Sec. 1109. Authority for Marine Corps University to employ
civilian faculty members.
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPARTMENT
OF DEFENSE PERSONNEL.
Section 129 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(f)(1) Not later than February 1 of each year, the Secretary of
each military department and the head of each Defense Agency shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the management of the civilian workforce under the jurisdiction of
that official.
``(2) Each report of an official under paragraph (1) shall contain
the following:
``(A) The official's certification (i) that the civilian workforce
under the jurisdiction of the official is not subject to any constraint
or limitation in terms of man years, end strength, full-time equivalent
positions, or maximum number of employees, and (ii) that, during the 12
months preceding the date on which the report is due, such workforce has
not been subject to any such constraint or limitation.
``(B) A description of how the civilian workforce is managed.
``(C) A detailed description of the analytical tools used to
determine civilian workforce requirements during the 12-month period
referred to in subparagraph (A).''.
SEC. 1102. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS
WHO SERVED ON ACTIVE DUTY DURING THE PERSIAN GULF WAR.
(a) Definition of Veteran for Purposes of Preference Eligible
Status.--Section 2108 of title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by inserting ``or'' at the end of subparagraph (B); and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) served on active duty as defined by section 101(21) of title
38 in the armed forces during the period beginning on August 2, 1990,
and ending on January 2, 1992;''; and
(2) in paragraph (3)(B), by inserting ``or (C)'' after ``paragraph
(1)(B)''.
(b) Additional Points.--Section 3309(2) of such title is amended by
striking ``2108(3)(A)'' and inserting ``2108(3)(A) (B)''.
(c) Technical Amendments.--Section 2108(1)(B) of such title is
further amended--
(1) by striking ``the date of enactment of the Veterans' Education
and Employment Assistance Act of 1976,'' and inserting ``October 15,
1976,''; and
(2) by striking ``511(d) of title 10'' and inserting ``12103(d) of
title 10''.
SEC. 1103. REPEAL OF DEADLINE FOR PLACEMENT CONSIDERATION OF
INVOLUNTARILY SEPARATED MILITARY RESERVE TECHNICIANS.
(a) Repeal of Deadline.--Section 3329(b) of title 5, United States
Code, is amended by striking out ``not later than 6 months after the
date of the application''.
(b) Technical Correction.--Such section is further amended by
striking out ``a position described in subsection (c)'' the second place
it appears.
SEC. 1104. RATE OF PAY OF DEPARTMENT OF DEFENSE OVERSEAS
TEACHERS UPON TRANSFER TO GENERAL SCHEDULE POSITION.
(a) Prevention of Excessive Increases.--Section 5334(d) of title 5,
United States Code, is amended by striking out ``20 percent'' and all
that follows and inserting in lieu thereof ``an amount determined under
regulations which the Secretary of Defense shall prescribe for the
determination of the yearly rate of pay of the position. The amount by
which a rate of pay is increased under the regulations may not exceed
the amount equal to 20 percent of that rate of pay.''.
(b) Effective Date and Savings Provision.--(1) The amendment made by
subsection (a) shall take effect 180 days after the date of the
enactment of this Act.
(2) In the case of a person who is employed in a teaching position
referred to in section 5334(d) of title 5, United States Code, on the
day before the effective date under paragraph (1), the rate of pay of
that person determined under that section (as in effect on that day) may
not be reduced by reason of the amendment made by subsection (a) for so
long as the person continues to serve in that position or another such
position without a break in service of more than three days on or after
that day.
SEC. 1105. GARNISHMENT AND INVOLUNTARY ALLOTMENT.
Section 5520a of title 5, United States Code, is amended--
(1) in subsection (j), by striking out paragraph (2) and inserting
in lieu thereof the following new paragraph:
``(2) Such regulations shall provide that an agency's administrative
costs in executing a garnishment action may be added to the garnishment,
and that the agency may retain costs recovered as offsetting
collections.'';
(2) in subsection (k)--
(A) by striking out paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3); and
(3) by striking out subsection (l).
SEC. 1106. EXTENSION AND REVISION OF VOLUNTARY SEPARATION
INCENTIVE PAY AUTHORITY.
(a) Remittance to CSRS Fund.--Section 5597 of title 5, United States
Code, is amended by adding at the end the following new subsection:
``(h)(1)(A) In addition to any other payment that it is required to
make under subchapter III of chapter 83 or chapter 84, the Department of
Defense shall remit to the Office of Personnel Management an amount
equal to 15 percent of the final basic pay of each covered employee.
``(B) If the employee is one with respect to whom a remittance would
otherwise be required under section 4(a) of the Federal Workforce
Restructuring Act of 1994 based on the separation involved, the
remittance under this subsection shall be instead of the remittance
otherwise required under such section 4(a).
``(2) Amounts remitted under paragraph (1) shall be deposited in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund.
``(3) For the purposes of this subsection--
``(A) the term `covered employee' means an employee who is subject
to subchapter III of chapter 83 or chapter 84 and to whom a voluntary
separation incentive has been paid under this section on the basis of a
separation occurring on or after October 1, 1997; and
``(B) the term `final basic pay' has the meaning given such term in
section 4(a)(2) of the Federal Workforce Restructuring Act of 1994.''.
(b) Extension of Authority.--(1) Subsection (e) of section 5597 of
title 5, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``September 30, 2001''.
(2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is amended by
striking out ``January 1, 2000'' and inserting in lieu thereof ``January
1, 2002''.
SEC. 1107. USE OF APPROVED FIRE-SAFE ACCOMMODATIONS BY
GOVERNMENT EMPLOYEES ON OFFICIAL BUSINESS.
(a) Percentage Use Requirement.--Section 5707a of title 5, United
States Code, is amended--
(1) by redesignating subsections (a) through (d) as subsections (b)
through (e), respectively; and
(2) by inserting after the section heading the following new
subsection:
``(a)(1) For the purpose of making payments under this chapter for
lodging expenses incurred in a State, each agency shall ensure that not
less than 90 percent of the commercial-lodging room nights for employees
of that agency for a fiscal year are booked in approved places of public
accommodation.
``(2) Each agency shall establish explicit procedures to satisfy the
percentage requirement of paragraph (1).
``(3) An agency shall be considered to be in compliance with the
percentage requirement of paragraph (1) until September 30, 2002, and
after that date if travel arrangements of the agency, whether made for
civilian employees, members of the uniformed services, or foreign
service personnel, are made through travel management processes designed
to book commercial lodging in approved places of public accommodation,
whenever available.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(f) For purposes of this section:
``(1) The term `agency' does not include the government of the
District of Columbia.
``(2) The term `approved places of public accommodation' means
hotels, motels, and other places of public accommodation that are listed
by the Director of the Federal Emergency Management Agency as meeting
the requirements of the fire prevention and control guidelines described
in section 29 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225).
``(3) The term `State' means any State, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin
Islands, Guam, American Samoa, or any other territory or possession of
the United States.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), as redesignated by subsection (a)(1)--
(A) by striking out ``places of public accommodation that meet the
requirements of the fire prevention and control guidelines described in
section 29 of the Federal Fire Prevention and Control Act of 1974'' and
inserting in lieu thereof ``approved places of public accommodation'';
and
(B) by striking out ``as defined in section 4 of the Federal Fire
Prevention and Control Act of 1974'';
(2) in subsection (c), as redesignated by subsection (a)(1), by
striking out ``does not meet the requirements of the fire prevention and
control guidelines described in section 29 of the Federal Fire
Prevention and Control Act of 1974'' and inserting in lieu thereof ``is
not an approved place of public accommodation''; and
(3) in subsection (e), as redesignated by subsection (a)(1)--
(A) by striking out ``encourage'' and inserting in lieu thereof
``facilitate the ability of''; and
(B) by striking out ``places of public accommodation that meet the
requirements of the fire prevention and control guidelines described in
section 29 of the Federal Fire Prevention and Control Act of 1974'' and
inserting in lieu thereof ``approved places of public accommodation''.
(d) Report by Federal Emergency Management Agency.--Not later than
six months after the date of the enactment of this Act, the Director of
the Federal Emergency Management Agency shall submit to Congress a
report describing the procedures to be used to ensure that all approved
places of public accommodation (within the meaning of section
5707a(f)(2) of title 5, United States Code, as added by subsection (b))
appear on the national master list maintained by the Director under
section 28(b) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2224(b)) of all of the places of public accommodation affecting
commerce located in each State that meet the requirements of the fire
prevention and control guidelines described in section 29 of such Act
(15 U.S.C. 2225).
(e) Report on Implementation.--Not later than one year after the date
of the enactment of this Act, the Administrator of General Services
shall submit to Congress a report describing the measures that have been
taken and will be taken by Federal agencies to comply with the
requirement that not less than 90 percent of the commercial-lodging room
nights for employees of each Federal agency for a fiscal year are booked
in approved places of public accommodation, as specified in section
5707a(a) of title 5, United States Code, as added by subsection (a).
Measures to satisfy such requirement may include the use of contract
travel agents, automated booking systems, and data developed from travel
payment systems. The Administrator shall prepare the report in
consultation with the heads of the Federal agencies subject to such
requirement.
SEC. 1108. NAVY HIGHER EDUCATION PILOT PROGRAM REGARDING
ADMINISTRATION OF BUSINESS RELATIONSHIPS BETWEEN GOVERNMENT AND PRIVATE
SECTOR.
(a) Pilot Project Authorized.--During fiscal years 1998 through 2002,
the Secretary of the Navy may establish and conduct a pilot program of
graduate-level higher education regarding the administration of business
relationships between the Government and the private sector.
(b) Purpose.--The purpose of the pilot program is to make available
to employees of the Naval Undersea Warfare Center, employees of the
Naval Sea Systems Command, and employees of the Acquisition Center for
Excellence of the Navy (upon establishment of such Acquisition Center),
a curriculum of graduate-level higher education leading to the award of
a graduate degree designed to prepare participants effectively to meet
the challenges of administering Government contracting and other
business relationships between the United States and private sector
businesses in the context of constantly changing or newly emerging
industries, technologies, governmental organizations, policies, and
procedures (including governmental organizations, policies, and
procedures recommended in the National Performance Review).
(c) Partnership With Institution of Higher Education.--(1) The
Secretary of the Navy may enter into an agreement with an institution of
higher education to assist the Naval Undersea Warfare Center with the
development of the curriculum for the pilot program, to offer courses
and provide instruction and materials to participants to the extent
provided for in the agreement, to provide such other assistance in
support of the program as may be provided for in the agreement, and to
award a graduate degree under the program.
(2) To be eligible to enter into an agreement under paragraph (1), an
institution of higher education must have an established program of
graduate-level education that is relevant to the purpose of the pilot
program.
(d) Curriculum.--The curriculum offered under the pilot program
shall--
(1) be designed specifically to achieve the purpose of the pilot
program; and
(2) include courses that are--
(A) typically offered under curricula leading to award of the degree
of Masters of Business Administration by institutions of higher
education; and
(B) necessary for meeting educational qualification requirements for
certification as an acquisition program manager.
(e) Distance Learning Option.--The Secretary of the Navy may include
as part of the pilot program policies and procedures for offering
distance learning instruction by means of telecommunications,
correspondence, or other methods for off-site receipt of instruction.
(f) Report.--Not later than 90 days after the termination of the
pilot program, the Secretary of the Navy shall submit to Congress a
report containing--
(1) an assessment by the Secretary of the value of the program for
meeting the purpose of the program and the desirability of permanently
establishing a similar program for other employees of the Department of
Defense; and
(2) such other information and recommendations regarding the program
as the Secretary considers appropriate.
(g) Limitation on Funding Source.--Any funds required for the pilot
program for a fiscal year shall be derived only from the appropriation
``Operation and Maintenance, Navy'' for that fiscal year.
SEC. 1109. AUTHORITY FOR MARINE CORPS UNIVERSITY TO EMPLOY
CIVILIAN FACULTY MEMBERS.
(a) Expanded Authority.--Subsections (a) and (c) of section 7478 of
title 10, United States Code, are amended by striking out ``at the
Marine Corps Command and Staff College'' and inserting in lieu thereof
``of the Marine Corps University''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``7478. Naval War College and Marine Corps University:
civilian faculty members''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 643 of such title is amended to read as follows:
``7478. Naval War College and Marine Corps University: civilian
faculty members.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--UNITED STATES ARMED FORCES IN BOSNIA AND HERZEGOVINA
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Withdrawal of United States ground forces from Republic
of Bosnia and Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by
United States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia
and Herzegovina.
Sec. 1206. Definitions.
SUBTITLE B--EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high
performance computers.
Sec. 1214. GAO study on certain computers; end user information
assistance.
Sec. 1215. Congressional committees.
SUBTITLE C--OTHER MATTERS
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and cross servicing agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs
of enlargement of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North
Atlantic Treaty Organization.
Sec. 1225. Sense of the Congress relating to level of United
States military personnel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of
the People's Republic of China.
Sec. 1227. Sense of Congress on need for Russian openness on the
Yamantau Mountain project.
Sec. 1228. Assessment of the Cuban threat to United States
national security.
Sec. 1229. Report on Helsinki Joint statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
SEC. 1201. FINDINGS.
The Congress finds the following:
(1) United States Armed Forces were deployed to the Republic of
Bosnia and Herzegovina as part of the North Atlantic Treaty Organization
(NATO) Implementation Force (IFOR) to implement the military aspects of
the Dayton Peace Agreement.
(2) The military aspects of the Dayton Peace Agreement have been
successfully implemented to date with the military forces of the warring
factions successfully separated and a cessation in the hostilities that
resulted in the deaths of hundreds of thousands of Bosnians.
(3) Implementation of the civil aspects of the Dayton Peace
Agreement has lagged far behind the schedule for such implementation
envisioned in the Agreement with the result that United States Armed
Forces have undertaken a prolonged engagement in the Republic of Bosnia
and Herzegovina.
(4) On December 13, 1995, the President stated in a letter to
Congress, ``NATO and U.S. military commanders believe, and I expect,
that the military mission can be accomplished in about a year. Twelve
months will allow IFOR time to complete the military tasks assigned in
the Dayton agreement and to establish a secure environment, in which
political and economic reconstruction efforts by the parties and
international civilian agencies can take hold. Within one year, we
expect that the military provisions of the Dayton agreement will have
been carried out, implementation of the civilian aspects and economic
reconstruction will have been firmly launched, free elections will have
been held under international supervision and a stable military balance
will have been established.''
(5) Notwithstanding a number of assurances relating to the
accomplishment of the military mission in the Republic of Bosnia and
Herzegovina by December 1996, the President, on November 15, 1996,
announced his decision to extend the presence of United States forces in
the Republic of Bosnia and Herzegovina to participate in the NATO
Stabilization Force (SFOR) until June 1998.
(6) Despite initial projections by the Department of Defense that
the costs of United States operations in the Republic of Bosnia and
Herzegovina would total $1,500,000,000, the projected cost of United
States operations in the Republic of Bosnia and Herzegovina through June
1998 is estimated to exceed $7,000,000,000.
(7) The fiscal year 1998 estimate of the Department of Defense for
operations in the Republic of Bosnia and Herzegovina assumes that the
level of military forces participating in SFOR will be reduced soon
after the start of the fiscal year.
(8) The President and the Secretary of Defense have stated that
United States forces are to be withdrawn from the Republic of Bosnia and
Herzegovina by the end of June 1998.
SEC. 1202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States ground combat forces should not participate in a
follow-on force in the Republic of Bosnia and Herzegovina after June
1998;
(2) the European Security and Defense Identity, which, as
facilitated by the Combined Joint Task Forces concept, enables the
Western European Union, with the consent of the North Atlantic Alliance,
to assume political control and strategic direction of NATO assets made
available for the Alliance, may be an ideal instrument for a follow-on
force for the Republic of Bosnia and Herzegovina;
(3) a NATO-led force without the participation of United States
ground combat forces in the Republic of Bosnia and Herzegovina may be
suitable for a follow-on force for the Republic of Bosnia and
Herzegovina if the European Security and Defense Identity is not
sufficiently developed or is otherwise considered inappropriate for such
a mission;
(4) the United States may decide to provide appropriate support to a
Western European Union-led or NATO-led follow-on force, including
command and control, intelligence, logistics, and, if necessary, a ready
reserve force in the region;
(5) the President should inform our European NATO allies of this
expression of the sense of Congress and should urge them strongly to
undertake preparations for a Western European Union-led or NATO-led
force as a follow-on force to the NATO-led SFOR if needed to maintain
peace and stability in the Republic of Bosnia and Herzegovina; and
(6) the President should consult with the Congress with respect to
any support to be provided to a Western European Union-led or NATO-led
follow-on force in the Republic of Bosnia and Herzegovina after June 30,
1998.
SEC. 1203. WITHDRAWAL OF UNITED STATES GROUND FORCES FROM
REPUBLIC OF BOSNIA AND HERZEGOVINA .
(a) Limitation.--No funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1998 or any subsequent
fiscal year may be used for the deployment of any United States ground
combat forces in the Republic of Bosnia and Herzegovina after June 30,
1998, unless the President, not later than May 15, 1998, and after
consultation with the bipartisan leadership of the two Houses of
Congress, transmits to Congress a certification--
(1) that the continued presence of United States ground combat
forces, after June 30, 1998, in the Republic of Bosnia and Herzegovina
is required in order to meet the national security interests of the
United States; and
(2) that after June 30, 1998, it will remain United States policy
that United States ground forces will not serve as, or be used as, civil
police in the Republic of Bosnia and Herzegovina.
(b) Report.--The President shall submit with the certification under
subsection (a) a report that includes the following:
(1) The reasons why that presence is in the national security
interest of the United States.
(2) The number of United States military personnel to be deployed in
and around the Republic of Bosnia and Herzegovina and other areas of the
former Yugoslavia after that date.
(3) The expected duration of any such deployment.
(4) The mission and objectives of the United States Armed Forces to
be deployed in and around the Republic of Bosnia and Herzegovina and
other areas of the former Yugoslavia after June 30, 1998.
(5) The exit strategy of such forces.
(6) The incremental costs associated with any such deployment.
(7) The effect of such deployment on the morale, retention, and
effectiveness of United States armed forces.
(8) A description of the forces from other nations involved in a
follow-on mission, shown on a nation-by-nation basis.
(9) A description of the command and control arrangement established
for United States forces involved in a follow-on mission.
(10) An assessment of the expected threats to United States forces
involved in a follow-on mission.
(11) The plan for rotating units and personnel to and from the
Republic of Bosnia and Herzegovina during a follow-on mission, including
the level of participation by reserve component units and personnel.
(12) The mission statement and operational goals of the United
States forces involved in a follow-on mission.
(c) Request for Supplemental Appropriations.--The President shall
transmit to Congress with a certification under subsection (a) a
supplemental appropriations request for the Department of Defense for
such amounts as are necessary for the costs of any continued deployment
beyond June 30, 1998.
(d) Construction With President's Constitutional Authority.--Nothing
in this section shall be deemed to restrict the authority of the
President under the Constitution to protect the lives of United States
citizens.
(e) Construction With Appropriations Provision.--The provisions of
this section are enacted, and shall be applied, as supplemental to (and
not in lieu of) the provisions of section 8132 of the Department of
Defense Appropriations Act, 1998 (Public Law 105 56).
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED OUT
BY UNITED STATES FORCES.
(a) Requirement for Two Reports.--The Secretary of Defense shall
submit to the congressional defense committees--
(1) not later than December 15, 1997, a report identifying each
activity being carried out, as of December 1, 1997, by covered United
States forces in the Republic of Bosnia and Herzegovina; and
(2) not later than April 15, 1998, a report identifying each
activity being carried out, as of April 1, 1998, by covered United
States forces in the Republic of Bosnia and Herzegovina.
(b) Covered United States Forces.--For purposes of this section,
covered United States forces in the Republic of Bosnia and Herzegovina
are United States ground forces in the Republic of Bosnia and
Herzegovina that are assigned to the multinational peacekeeping force
known as the Stabilization Force (SFOR) or any other multinational
peacekeeping force that is the successor to the SFOR.
(c) Matters To Be Included.--The Secretary shall include in each
report under subsection (a), for each activity identified under that
subsection, the following:
(1) The number of United States military personnel involved in the
performance of that activity.
(2) Whether forces assigned to the SFOR (or successor multinational
peacekeeping force) from other nations also participated in that
activity.
(3) The justification for using military forces rather than civilian
organizations to perform that activity.
(4) In the case of activities that (as determined by the Secretary)
are considered to be supporting tasks, as that term is used in paragraph
3 of Article VI of Annex 1-A to the General Framework Agreement for
Peace in Bosnia and Herzegovina, the justification for using military
forces.
(5) The likelihood that each such activity will have to be carried
out by United States military forces after June 30, 1998.
SEC. 1205. PRESIDENTIAL REPORT ON SITUATION IN REPUBLIC OF
BOSNIA AND HERZEGOVINA.
(a) Requirement.--Not later than February 1, 1998, the President
shall submit to Congress a report on the political and military
conditions in the Republic of Bosnia and Herzegovina. The report shall
be submitted in both classified and unclassified form.
(b) Matters To Be Included.--The report under subsection (a) shall
include a discussion of the following:
(1) An assessment of the progress made in implementing the civil,
economic, and political aspects of the Dayton Peace Agreement.
(2) An identification of the specific steps taken to transfer the
United States portion of the peacekeeping mission in the Republic of
Bosnia and Herzegovina to forces of the member-states of the Western
European Union or to a NATO-led force without the participation of
United States ground combat forces in the Republic of Bosnia and
Herzegovina.
(3) A detailed discussion of the proposed role and involvement of
the United States in supporting peacekeeping activities in the Republic
of Bosnia and Herzegovina following the withdrawal of United States
ground combat forces from the Republic of Bosnia and Herzegovina.
(4) A detailed explanation and timetable for carrying out the
commitment to withdraw all United States ground forces from the Republic
of Bosnia and Herzegovina by June 30, 1998, including the planned date
of commencement and completion of the withdrawal.
(5) The military and political considerations that will affect the
decision to carry out such a transition.
(6) Any plan to maintain or expand other Bosnia-related operations
(such as the operations designated as Operation Deliberate Guard) if
tensions in the Republic of Bosnia and Herzegovina remain sufficient to
delay reductions of United States military forces participating in the
Stabilization Force and the estimated cost associated with each such
operation.
SEC. 1206. DEFINITIONS.
As used in this subtitle:
(1) Dayton peace agreement.--The term ``Dayton Peace Agreement''
means the General Framework Agreement for Peace in Bosnia and
Herzegovina, initialed by the parties in Dayton, Ohio, on November 21,
1995, and signed in Paris on December 14, 1995.
(2) Implementation force.--The term ``Implementation Force'' means
the NATO-led multinational military force in the Republic of Bosnia and
Herzegovina (commonly referred to as ``IFOR''), authorized under the
Dayton Peace Agreement.
(3) Stabilization force.--The term ``Stabilization Force'' means the
NATO-led follow-on force to the Implementation Force in the Republic of
Bosnia and Herzegovina and other countries in the region (commonly
referred to as ``SFOR''), authorized under United Nations Security
Council Resolution 1088 (December 12, 1996).
(4) Follow-on mission.--The term ``follow-on mission'' means a
mission involving the deployment of ground elements of the United States
Armed Forces in the Republic of Bosnia and Herzegovina after June 30,
1998 (other than as described in section 1203(b)).
(5) NATO.--The term ``NATO'' means the North Atlantic Treaty
Organization.
Subtitle B--Export Controls on High Performance Computers
SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.
(a) Prior Approval of Exports and Reexports.--The President shall
require that no digital computer with a composite theoretical
performance level of more than 2,000 millions of theoretical operations
per second (MTOPS) or with such other composite theoretical performance
level as may be established subsequently by the President under
subsection (d), may be exported or reexported without a license to a
country specified in subsection (b) if the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, the Secretary of State,
or the Director of the Arms Control and Disarmament Agency objects, in
writing, to such export or reexport. Any person proposing to export or
reexport such a digital computer shall so notify the Secretary of
Commerce, who, within 24 hours after receiving the notification, shall
transmit the notification to the Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of the Arms Control and
Disarmament Agency.
(b) Covered Countries.--For purposes of subsection (a), the countries
specified in this subsection are the countries listed as ``Computer Tier
3'' eligible countries in section 740.7(d) of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997, subject to
modification by the President under subsection (e).
(c) Time Limit.--Written objections under subsection (a) to an export
or reexport shall be raised within 10 days after the notification is
received under subsection (a). If such a written objection to the export
or reexport of a computer is raised, the computer may be exported or
reexported only pursuant to a license issued by the Secretary of
Commerce under the Export Administration Regulations of the Department
of Commerce, without regard to the licensing exceptions otherwise
authorized under section 740.7 of title 15 of the Code of Federal
Regulations, as in effect on June 10, 1997. If no objection is raised
within the 10-day period, the export or reexport is authorized.
(d) Adjustment of Composite Theoretical Performance.--The President,
in consultation with the Secretary of Commerce, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, and the
Director of the Arms Control and Disarmament Agency, may establish a new
composite theoretical performance level for purposes of subsection (a).
Such new level shall not take effect until 180 days after the President
submits to the congressional committees designated in section 1215 a
report setting forth the new composite theoretical performance level and
the justification for such new level. Each report shall, at a minimum--
(1) address the extent to which high performance computers of a
composite theoretical level between the level established in subsection
(a) or such level as has been previously adjusted pursuant to this
section and the new level, are available from other countries;
(2) address all potential uses of military significance to which
high performance computers at the new level could be applied; and
(3) assess the impact of such uses on the national security
interests of the United States.
(e) Adjustment of Covered Countries.--
(1) In general.--The President, in consultation with the Secretary
of Commerce, the Secretary of Defense, the Secretary of Energy, the
Secretary of State, and the Director of the Arms Control and Disarmament
Agency, may add a country to or remove a country from the list of
covered countries in subsection (b), except that a country may be
removed from the list only in accordance with paragraph (2).
(2) Deletions from list of covered countries.--The removal of a
country from the list of covered countries under subsection (b) shall
not take effect until 120 days after the President submits to the
congressional committees designated in section 1215 a report setting
forth the justification for the deletion.
(3) Excluded countries.--A country may not be removed from the list
of covered countries under subsection (b) if--
(A) the country is a ``nuclear-weapon state'' (as defined by Article
IX of the Treaty on the Non-Proliferation of Nuclear Weapons) and the
country is not a member of the North Atlantic Treaty Organization; or
(B) the country is not a signatory of the Treaty on the
Non-Proliferation of Nuclear Weapons and the country is listed on Annex
2 to the Comprehensive Nuclear Test-Ban Treaty.
(f) Classification.--Each report under subsections (d) and (e) shall
be submitted in an unclassified form and may, if necessary, have a
classified supplement.
SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall provide to the congressional committees
specified in section 1215 a report identifying all exports of digital
computers with a composite theoretical performance of more than 2,000
millions of theoretical operations per second (MTOPS) to all countries
since January 25, 1996. For each export, the report shall identify--
(1) whether an export license was applied for and whether one was
granted;
(2) the date of the transfer of the computer;
(3) the United States manufacturer and exporter of the computer;
(4) the MTOPS level of the computer; and
(5) the recipient country and end user.
(b) Additional Information on Exports to Certain Countries.--In the
case of exports to countries specified in subsection (c), the report
under subsection (a) shall identify the intended end use for the
exported computer and the assessment
by the executive branch of whether the end user is a military
end user or an end user involved in activities relating to nuclear,
chemical, or biological weapons or missile technology. Information
provided under this subsection may be submitted in classified form if
necessary.
(c) Covered Countries.--For purposes of subsection (b), the countries
specified in this subsection are--
(1) the countries listed as ``Computer Tier 3'' eligible countries
in section 740.7(d) of title 15 of the Code of Federal Regulations, as
in effect on June 10, 1997; and
(2) the countries listed in section 740.7(e) of title 15 of the Code
of Federal Regulations, as in effect on June 10, 1997.
SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH
PERFORMANCE COMPUTERS.
(a) Required Post-Shipment Verification.--The Secretary of Commerce
shall conduct post-shipment verification of each digital computer with a
composite theoretical performance of more than 2,000 millions of
theoretical operations per second (MTOPS) that is exported from the
United States, on or after the date of the enactment of this Act, to a
country specified in subsection (b).
(b) Covered Countries.--For purposes of subsection (a), the countries
specified in this subsection are the countries listed as ``Computer Tier
3'' eligible countries in section 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997, subject to
modification by the President under section 1211(e).
(c) Annual Report.--The Secretary of Commerce shall submit to the
congressional committees specified in section 1215 an annual report on
the results of post-shipment verifications conducted under this section
during the preceding year. Each such report shall include a list of all
such items exported from the United States to such countries during the
previous year and, with respect to each such export, the following:
(1) The destination country.
(2) The date of export.
(3) The intended end use and intended end user.
(4) The results of the post-shipment verification.
(d) Explanation When Verification Not Conducted.--If a post-shipment
verification has not been conducted in accordance with subsection (a)
with respect to any such export during the period covered by a report,
the Secretary shall include in the report for that period a detailed
explanation of the reasons why such a post-shipment verification was not
conducted.
SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER
INFORMATION ASSISTANCE.
(a) In General.--The Comptroller General of the United States shall
submit to the congressional committees specified in section 1215 a study
of the national security risks relating to the sale of computers with a
composite theoretical performance of between 2,000 and 7,000 millions of
theoretical operations per second (MTOPS) to end users in countries
specified in subsection (c). The study shall also analyze any foreign
availability of computers described in the preceding sentence and the
impact of such sales on United States exporters.
(b) End User Information Assistance to Exporters.--The Secretary of
Commerce shall establish a procedure by which exporters may seek
information on questionable end users in countries specified in
subsection (c) who are seeking to obtain computers described in
subsection (a).
(c) Covered Countries.--For purposes of subsections (a) and (b), the
countries specified in this subsection are the countries listed as
``Computer Tier 3'' eligible countries in section 740.7(d) of title 15
of the Code of Federal Regulations, as in effect on June 10, 1997.
SEC. 1215. CONGRESSIONAL COMMITTEES.
For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a) the
congressional committees specified in those sections are the following:
(1) The Committee on Banking, Housing, and Urban Affairs and the
Committee on Armed Services of the Senate.
(2) The Committee on International Relations and the Committee on
National Security of the House of Representatives.
Subtitle C--Other Matters
SEC. 1221. DEFENSE BURDENSHARING.
(a) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) For any nation in which United States military personnel are
assigned to permanent duty ashore, increase its financial contributions
to the payment of the nonpersonnel costs incurred by the United States
Government for stationing United States military personnel in that
nation, with a goal of achieving by September 30, 2000, 75 percent of
such costs. An increase in financial contributions by any nation under
this paragraph may include the elimination of taxes, fees, or other
charges levied on United States military personnel, equipment, or
facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national defense as a
percentage of its gross domestic product by 10 percent or at least to a
level commensurate that of the United States by September 30, 1998.
(3) Increase its annual budgetary outlays for foreign assistance (to
promote democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule of law,
and internationally recognized human rights) by 10 percent or at least
to a level commensurate to that of the United States by September 30,
1998.
(4) Increase the amount of military assets (including personnel,
equipment, logistics, support and other resources) that it contributes,
or would be prepared to contribute, to multinational military activities
worldwide.
(b) Authorities To Encourage Actions by United States Allies.--In
seeking the actions described in subsection (a) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed Forces
assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar to those
that such nation imposes on United States forces stationed in that
nation.
(3) Reduce (through rescission, impoundment, or other appropriate
procedures as authorized by law) the amount the United States
contributes to the NATO Civil Budget, Military Budget, or Security
Investment Program.
(4) Suspend, modify, or terminate any bilateral security agreement
the United States has with that nation, consistent with the terms of
such agreement.
(5) Reduce (through rescission, impoundment or other appropriate
procedures as authorized by law) any United States bilateral assistance
appropriated for that nation.
(6) Take any other action the President determines to be appropriate
as authorized by law.
(c) Report on Progress in Increasing Allied Burdensharing.--Not later
than March 1, 1998, the Secretary of Defense shall submit to Congress a
report on--
(1) steps taken by other nations to complete the actions described
in subsection (a);
(2) all measures taken by the President, including those authorized
in subsection (b), to achieve the actions described in subsection (a);
(3) the difference between the amount allocated by other nations for
each of the actions described in subsection (a) during the period
beginning on March 1, 1996,
and ending on February 28, 1997, and during the period
beginning on March 1, 1997, and ending on February 28, 1998; and
(4) the budgetary savings to the United States that are expected to
accrue as a result of the steps described under paragraph (1).
(d) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best allocation
of budgetary resources, the President shall undertake a review of the
status of elements of the United States Armed Forces that are
permanently stationed outside the United States. The review shall
include an assessment of the following:
(A) The alliance requirements that are to be found in agreements
between the United States and other countries.
(B) The national security interests that support permanently
stationing elements of the United States Armed Forces outside the United
States.
(C) The stationing costs associated with the forward deployment of
elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such as
material prepositioning, enhanced airlift and sealift, or joint training
operations) to meet such alliance requirements or national security
interests, with such alternatives identified and described in detail.
(E) The costs and force structure configurations associated with
such alternatives to forward deployment.
(F) The financial contributions that allies of the United States
make to common defense efforts (to promote democratization, economic
stabilization, transparency arrangements, defense economic conversion,
respect for the rule of law, and internationally recognized human
rights).
(G) The contributions that allies of the United States make to
meeting the stationing costs associated with the forward deployment of
elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its allies on
national defense, and the relative percentages of each nation's gross
domestic product constituted by those expenditures.
(2) The President shall submit to Congress a report on the review
under paragraph (1). The report shall be submitted not later than March
1, 1998, in classified and unclassified form.
SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND
NONLETHAL MILITARY EQUIPMENT UNDER ACQUISITION AND CROSS SERVICING
AGREEMENTS.
Section 2350(1) of title 10, United States Code, is amended by
striking out ``other items'' in the second sentence and all that follows
through ``United States Munitions List'' and inserting in lieu thereof
``other nonlethal items of military equipment which are not designated
as significant military equipment on the United States Munitions List
promulgated''.
SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL
COSTS OF ENLARGEMENT OF THE NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) In a report to Congress in February 1997 on the rationale,
benefits, costs, and implications of North Atlantic Treaty Organization
enlargement the Secretary of Defense estimated that the financial cost
to the United States of such enlargement will be modest, totaling
between $2,000,000,000 and $2,600,000,000 for the period from 1997
through 2009.
(2) A study by the RAND Corporation published in 1996 calculated
that the total financial cost to the United States of such enlargement
will be between $5,000,000,000 and $6,000,000,000 over the same period.
(3) A March 1996 report by the Congressional Budget Office on the
financial costs of enlarging the North Atlantic Treaty Organization
alliance estimated the United States share of alliance enlargement costs
to be between
$4,800,000,000 and $18,900,000,000 through 2010, depending
upon political developments in Europe.
(4) An August 1997 report by the General Accounting Office reviewing
the financial cost estimates of the Secretary of Defense concluded that
North Atlantic Treaty Organization enlargement could entail additional
costs beyond those included in the Secretary's estimate and questioned
the validity of the Secretary's estimate due to the lack of supporting
cost documentation and the inclusion of cost elements not related to
NATO enlargement.
(5) The North Atlantic Alliance is scheduled to complete its
analysis of the military requirements for the integration of Poland, the
Czech Republic, and Hungary into the Alliance in December 1997.
(6) The North Atlantic Alliance is also scheduled to complete in
December 1997 its financial cost estimate of the military requirements
related to the integration of those nations.
(b) Sense of Congress.--It is the sense of Congress that the analysis
of the North Atlantic Alliance of the military requirements relating to
NATO enlargement and of the financial costs to the Alliance of NATO
enlargement will be one of the major factors in the consideration by the
Senate of the ratification of instruments to approve the admission of
new member nations to the Alliance and by Congress for the authorization
and appropriation of the funding for the costs associated with such
enlargement.
(c) Report Assessing NATO Cost Analysis.--Not later than March 31,
1998, the Secretary of Defense shall submit to Congress a report
providing--
(1) an assessment of the analysis by the North Atlantic Alliance of
the military requirements related to NATO enlargement and of the
estimate of the financial costs to the NATO Alliance for the integration
of Poland, the Czech Republic, and Hungary into the Alliance;
(2) a description of the analytical means used to determine such
requirements and costs; and
(3) a general assessment of the additional military requirements and
costs that would result from a significantly increased threat.
(b) Report on Department of Defense Costs.--(1) The Secretary of
Defense shall submit to Congress, in conjunction with the submission of
the President's budget for fiscal year 1999, a report on Department of
Defense costs for NATO enlargement. The report shall include a detailed
estimate of such costs for fiscal year 1998 that identifies all
appropriations, by budget activity, for the military departments and
other elements of the Department of Defense to support NATO enlargement.
(2) The Secretary of Defense shall include in the budget
justification materials submitted to Congress by the Secretary in
support of the budget of Department of Defense for fiscal year 1999
complete and detailed descriptions and estimates of the amounts provided
in that budget for the costs of NATO enlargement.
SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE
NORTH ATLANTIC TREATY ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) met on July 8 and
9, 1997, in Madrid, Spain, and issued invitations to the Czech Republic,
Hungary, and Poland to begin accession talks to join NATO.
(2) Congress has expressed its support for the process of NATO
enlargement by approving the NATO Enlargement Facilitation Act of 1996
(title VI of the matter enacted in section 101(c) of division A of
Public Law 104 208; 22 U.S.C. 1928 note).
(3) The United States has supported the position that the process of
enlarging NATO will continue after the first round of invitations in
July 1997.
(4) Romania and Slovenia are to be commended for their progress
toward political and economic reform and
appear to be striving to meet the guidelines for prospective
membership in NATO.
(5) In furthering the purpose and objective of NATO in promoting
stability and well-being in the North Atlantic area, NATO should invite
Romania and Slovenia to accession negotiations to become NATO members as
expeditiously as possible upon the satisfaction of all relevant
membership criteria and consistent with NATO security objectives.
(b) Sense of Congress.--It is the sense of Congress that North
Atlantic Treaty Organization should be commended--
(1) for having committed to review the process of enlarging the
Organization in 1999; and
(2) for singling out the positive developments toward democracy and
rule of law in Romania and Slovenia.
SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED
STATES MILITARY PERSONNEL IN THE EAST ASIA AND PACIFIC REGION.
(a) Findings.--Congress finds the following:
(1) The stability of the Asia-Pacific region is a matter of vital
national interest affecting the well-being of all Americans.
(2) The nations of the Pacific Rim collectively represent the United
States largest trading partner and are expected to account for almost
one-third of the world's economic activity by the start of the next
century.
(3) The increased reliance by the United States on trade and Middle
East oil sources has reinforced United States security interests in the
Southeast Asia shipping lanes through the South China Sea and the key
straits of Malacca, Sunda, Lombok, and Makassar.
(4) The South China Sea is an important area for United States Navy
ships passing from the Pacific to the Indian Ocean and the Persian Gulf.
(5) Maintaining freedom of navigation in the South China Sea is an
important interest of the United States.
(6) The threats of proliferation of weapons of mass destruction, the
emerging nationalism amidst long-standing ethnic and national rivalries,
and the unresolved territorial disputes combine to create a political
landscape of potential instability and conflict in this region that
could jeopardize the interests of the United States and the safety of
United States nationals.
(7) A critical component of the East Asia strategy of the United
States is maintaining forward deployed forces in Asia to ensure broad
regional stability, to help to deter aggression, to lessen the pressure
for arms races, and to contribute to the political and economic advances
of the region from which the United States benefits.
(8) The forward presence of the United States in Northeast Asia
enables the United States to respond to regional contingencies, to
protect sea lines of communication, to sustain influence, and to support
operations as distant as operations in the Persian Gulf.
(9) The military forces of the United States serve to prevent the
political or economic control of the Asia-Pacific region by a rival,
hostile power or coalition of such powers, thus preventing any such
group from obtaining control over the vast resources, enormous wealth,
and advanced technology of the region.
(10) Allies of the United States in the region can base their
defense planning on a reliable American security commitment, a reduction
of which could stimulate an arms buildup in the region.
(11) The Joint Announcement of the United States-Japan Security
Consultative Committee of December 1996, acknowledged that ``the forward
presence of U.S. forces continues to be an essential element for
pursuing our common security objectives''.
(12) The United States and Japan signed the United States-Japan
Security Declaration in April 1996, in which the United States
reaffirmed its commitment to maintain
this level of 100,000 United States military personnel in the region.
(13) The United States military presence is recognized by the
nations of the region as serving stability and enabling United States
engagement.
(14) The nations of East Asia and the Pacific consider the
commitment of the forces of the United States to be so vital to their
future that they scrutinize actions of the United States for any sign of
weakened commitment to the security of the region.
(15) The reduction of forward-based military forces could negatively
affect the ability of the United States to contribute to the maintenance
of peace and stability of the Asia and Pacific region.
(16) Recognizing that while the United States must consider the
overall capabilities of its forces in its decisions to deploy troops,
nevertheless any reduction in the number of forward-based troops may
reduce the perception of American capability and commitment in the
region that cannot be completely offset by modernization of the
remaining forces.
(17) During time of crisis, deployment of forces to East Asia, even
though such forces were previously removed from the area, might be
deemed to be an act of provocation that could be used as a pretext by a
hostile power for armed aggression within the region, and the existence
of that possibility might hinder such a deployment.
(18) Proposals to reduce the forward presence of the United States
in the East Asia region or subordinate security interests to United
States domestic budgetary concerns can erode the perception of the
commitment of the United States to its alliances and interests in the
region.
(b) Sense of Congress.--It is the sense of Congress that the United
States should maintain at least approximately 100,000 United States
military personnel in the East Asia and Pacific region until such time
as there is a peaceful and permanent resolution to the major security
and political conflicts in the region.
SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a report, in both
classified and unclassified form, on the pattern of military
modernization of the People's Republic of China. The report shall
address the probable course of military-technological development in the
People's Liberation Army and the development of Chinese security
strategy and military strategy, and of military organizations and
operational concepts, through 2015.
(b) Matters To Be Included.--The report shall include analyses and
forecasts of the following:
(1) The goals of Chinese security strategy and military strategy.
(2) Trends in Chinese strategy regarding the political goals of the
People's Republic of China in the Asia-Pacific region and its political
and military presence in other regions of the world, including Central
Asia, Southwest Asia, Europe, and Latin America.
(3) Developments in Chinese military doctrine, focusing on (but not
limited to) efforts to exploit an emerging Revolution in Military
Affairs or to conduct preemptive strikes.
(4) Efforts by the People's Republic of China to enhance its
capabilities in the area of nuclear weapons development.
(5) Efforts by the People's Republic of China to develop long-range
air-to-air or air defense missiles that would provide the capability to
target special support aircraft such as Airborne Warning and Control
System (AWACS) aircraft, Joint Surveillance and Target Attack Radar
System (JSTARS) aircraft, or other command and control, intelligence,
airborne early warning, or electronic warfare aircraft.
(6) Efforts by the People's Republic of China to develop a
capability to conduct ``information warfare'' at the strategic,
operational, and tactical levels of war.
(7) Development by the People's Republic of China of capabilities in
the area of electronic warfare.
(8) Efforts by the People's Republic of China to develop a
capability to establish control of space or to deny access and use of
military and commercial space systems in times of crisis or war,
including programs to place weapons in space or to develop earth-based
weapons capable of attacking space-based systems.
(9) Trends that would lead the People's Republic of China toward the
development of advanced intelligence, surveillance, and reconnaissance
capabilities, including gaining access to commercial or third-party
systems with military significance.
(10) Efforts by the People's Republic of China to develop highly
accurate and stealthy ballistic and cruise missiles, including
sea-launched cruise missiles, particularly in numbers sufficient to
conduct attacks capable of overwhelming projected defense capabilities
in the Asia-Pacific region.
(11) Development by the People's Republic of China of command and
control networks, particularly those capable of battle management of
long-range precision strikes.
(12) Efforts by the People's Republic of China in the area of
telecommunications, including common channel signaling and synchronous
digital hierarchy technologies.
(13) Development by People's Republic of China of advanced aerospace
technologies with military applications (including gas turbine ``hot
section'' technologies).
(14) Programs of the People's Republic of China involving unmanned
aerial vehicles, particularly those with extended ranges or loitering
times or potential strike capabilities.
(15) Exploitation by the People's Republic of China for military
purposes of the Global Positioning System or other similar systems
(including commercial land surveillance satellites), with such analysis
and forecasts focusing particularly on indications of an attempt to
increase the accuracy of weapons or situational awareness of operating
forces.
(16) Development by the People's Republic of China of capabilities
for denial of sea control, including such systems as advanced sea mines,
improved submarine capabilities, or land-based sea-denial systems.
(17) Efforts by the People's Republic of China to develop its
anti-submarine warfare capabilities.
(18) Continued development by the People's Republic of China of
follow-on forces, particularly forces capable of rapid air or amphibious
assault.
(19) Efforts by the People's Republic of China to enhance its
capabilities in such additional areas of strategic concern as the
Secretary identifies.
(c) Analysis of Implications of Sales of Products and Technologies to
Entities in China.--The report under subsection (a) shall include, with
respect to each area for analyses and forecasts specified in subsection
(b)--
(1) an assessment of the military effects of sales of United States
and foreign products and technologies to entities in the People's
Republic of China; and
(2) the potential threat of developments related to such effects to
United States strategic interests.
(d) Submission of Report.--The report shall be submitted to Congress
not later than March 15, 1998.
SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON
THE YAMANTAU MOUNTAIN PROJECT.
(a) Findings.--Congress finds as follows:
(1) The United States and Russia have been working since the end of
the Cold War to achieve a strategic relationship based on cooperation
and openness between the two nations.
(2) This effort to establish a new strategic relationship between
the two nations has resulted in the conclusion or agreement in principle
on a number of far-reaching agreements, including START I, II, and III,
a revision in the Conventional Forces in Europe Treaty, and a series of
other agreements (such as the Comprehensive Test Ban Treaty and the
Chemical Weapons Convention), designed to further reduce bilateral
threats and limit the proliferation of weapons of mass destruction.
(3) These far-reaching agreements were based on the understanding
between the United States and Russia that there would be a good faith
effort on both sides to comply with the letter and spirit of the
agreements.
(4) Reports indicate that Russia has been pursuing construction of a
massive underground facility of unknown purpose at Yamantau Mountain and
the city of Mezhgorye (formerly the settlements of Beloretsk 15 and
Beloretsk 16) that is designed to survive a nuclear war and appears to
exceed reasonable defense requirements.
(5) The Yamantau Mountain project does not appear to be consistent
with the lowering of strategic threats, openness, and cooperation that
is the basis of the post-Cold War strategic partnership between the
United States and Russia.
(6) The United States has allowed senior Russian military and
government officials to have access to key strategic facilities of the
United States by providing tours of the North American Air Defense
(NORAD) command at Cheyenne Mountain and the United States Strategic
Command (STRATCOM) headquarters in Omaha, Nebraska, among other sites,
and by providing extensive briefings on the operations of those
facilities.
(b) Sense of Congress.--It is the sense of Congress that the Russian
government--
(1) should provide to the United States Government a written
explanation with sufficient detail (including drawings and diagrams) of
the purpose and operational concept of the completed and planned
facilities at Yamantau Mountain to support a high confidence judgment by
the United States that the design of the Yamantau facility is consistent
with official Russian government explanations; and
(2) should allow a United States delegation, to include officials of
the executive branch and Members of Congress, to have access to the
Yamantau Mountain project and buildings and facilities surrounding the
project.
SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES
NATIONAL SECURITY.
(a) Findings.--Congress makes the following findings:
(1) Cuba has maintained a hostile policy in its relations with the
United States for over 35 years.
(2) The United States, as a sovereign nation, must be able to
respond to any Cuban provocation and defend the people and territory of
the United States against any attack.
(3) In 1994, the Government of Cuba callously encouraged a massive
exodus of Cubans, by boat and raft, toward the United States during
which countless numbers of those Cubans lost their lives on the high
seas.
(4) The humanitarian response of the United States to rescue,
shelter, and provide emergency care to those Cubans, together with the
actions taken to absorb some 30,000 of those Cubans into the United
States, required significant efforts and the expenditure of hundreds of
millions of dollars for the costs incurred by the United States and
State and local governments in connection with those efforts.
(5) On February 24, 1996, Cuban MiG aircraft attacked and destroyed,
in international airspace, two unarmed civilian aircraft flying from the
United States, and the four persons in those unarmed civilian aircraft
were killed.
(6) Since that attack, the Cuban government has issued no apology
for the attack, nor has it indicated any intention to conform its
conduct to international law that is
applicable to civilian aircraft operating in international airspace.
(b) Review and Assessment.--The Secretary of Defense shall carry out
a comprehensive review and assessment of--
(1) Cuban military capabilities; and
(2) the threats to the national security of the United States that
may be posed by Cuba, including--
(A) such unconventional threats as (i) encouragement of massive and
dangerous migration, and (ii) attacks on citizens and residents of the
United States while they are engaged in peaceful protest in
international waters or airspace;
(B) the potential for development and delivery of chemical or
biological weapons; and
(C) the potential for internal strife in Cuba that could involve
citizens or residents of the United States or the Armed Forces of the
United States.
(c) Report.--Not later than March 31, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the review and assessment. The report shall include the following:
(1) The Secretary's assessment of the capabilities and threats
referred to in subsection (b), including each of the threats described
in paragraph (2) of that subsection.
(2) A discussion of the results of the review and assessment,
including an assessment of the contingency plans developed by the
Secretary to counter any threat posed by Cuba to the United States.
(d) Consultation on Review and Assessment.--In performing the review
and assessment and in preparing the report, the Secretary of Defense
shall consult with the Chairman of the Joint Chiefs of Staff, the
commander of the United States Southern Command, and the heads of other
appropriate departments and agencies of the United States.
SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT.
(a) Requirement.--Not later than March 31, 1998, the President shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the Helsinki Joint Statement on future reductions in nuclear forces.
The report shall address the United States approach (including
verification implications) to implementing the Helsinki Joint Statement,
in particular, as that Statement relates to the following:
(1) Lower aggregate levels of strategic nuclear warheads.
(2) Measures relating to the transparency of strategic nuclear
warhead inventories and the destruction of strategic nuclear warheads.
(3) Deactivation of strategic nuclear delivery vehicles.
(4) Measures relating to nuclear long-range sea-launched cruise
missiles and tactical nuclear systems.
(5) Issues related to transparency in nuclear materials.
(b) Definition.--For purposes of this section, the term ``Helsinki
Joint Statement'' means the agreements between the President of the
United States and the President of the Russian Federation as contained
in the Joint Statement on Parameters on Future Reductions in Nuclear
Forces issued at Helsinki in March 1997.
SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELECTIONS.
(a) Findings.--Congress makes the following findings:
(1) On July 6, 1997, elections were conducted in Mexico in order to
fill 500 seats in the Chamber of Deputies, 32 seats in the 128 seat
Senate, the office of the Mayor of Mexico City, and local elections in a
number of Mexican States.
(2) For the first time, the federal elections were organized by the
Federal Electoral Institute, an autonomous and independent organization
established under the Mexican Constitution.
(3) More than 52,000,000 Mexican citizens registered to vote.
(4) Eight political parties registered to participate in the those
elections, including the Institutional Revolutionary Party (PRI), the
National Action Party (PAN), and the Democratic Revolutionary Party
(PRD).
(5) Since 1993, Mexican citizens have had the exclusive right to
participate as observers in activities related to the preparation and
the conduct of elections.
(6) Since 1994, Mexican law has permitted international observers to
be a part of the election process.
(7) With 84 percent of the ballots counted, PRI candidates received
38 percent of the vote for seats in the Chamber of Deputies, while PRD
and PAN candidates received 52 percent of the combined vote.
(8) PRD candidate Cuauhtemoc Cardenas Solorzano has become the first
elected Mayor of Mexico City, a post previously appointed by the
President.
(9) PAN members will now serve as governors in seven of Mexico's 31
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the recent elections in Mexico were conducted in a free, fair,
and impartial manner;
(2) the will of the Mexican people, as expressed through the ballot
box, has been respected by President Ernesto Zedillo and officials
throughout his administration; and
(3) President Zedillo, the Mexican Government, the Federal Electoral
Institute of Mexico, the political parties and candidates, and most
importantly the citizens of Mexico should all be congratulated for their
support and participation in these very historic elections.
SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA.
(a) Findings.--Congress makes the following findings:
(1) During the 1970s and 1980s, Cambodia was wracked by political
conflict, war, and violence, including genocide perpetrated by the Khmer
Rouge from 1975 to 1979.
(2) The 1991 Paris Agreements on a Comprehensive Political
Settlement of the Cambodia Conflict set the stage for a process of
political accommodation and national reconciliation among Cambodia's
warring parties.
(3) The international community engaged in a massive effort
involving more than $2,000,000,000 to ensure peace, democracy, and
prosperity in Cambodia following the Paris Accords.
(4) The Cambodian people clearly demonstrated their support for
democracy when 90 percent of eligible Cambodian voters participated in
United Nations-sponsored elections in 1993.
(5) Since the 1993 elections, Cambodia has made economic progress,
as shown by the recent decision of the Association of Southeast Asian
Nations (ASEAN) to extend membership in the Association to Cambodia.
(6) Tensions within the ruling Cambodian coalition have erupted into
violence.
(7) In March 1997, 19 Cambodians were killed and more than 100 were
wounded in a grenade attack on political demonstrators supportive of the
Funcinpec and the Khmer Nation Party.
(8) During June 1997, fighting erupted in Phnom Penh between forces
loyal to First Prime Minister Prince Ranariddh and Second Prime Minister
Hun Sen.
(9) On July 5, 1997, Second Prime Minister Hun Sen deposed the First
Prime Minister in a violent coup d'e AE1tat.
(10) Forces loyal to Hun Sen have executed former Interior Minister
Ho Sok and approximately 40 other political opponents loyal to Prince
Ranariddh.
(11) Democracy and stability in Cambodia are threatened by the
continued use of violence and other extralegal means to resolve
political tensions.
(12) In response to the July 1997 coup in Cambodia referred to in
paragraph (9)--
(A) the President has suspended all direct assistance to the
Cambodian Government; and
(B) the Association of Southeast Asian Nations (ASEAN) has decided
to delay indefinitely admission of Cambodia to membership in the
Association.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the parties in Cambodia should immediately cease the use of
violence;
(2) the United States should take all necessary steps to ensure the
safety of United States citizens in Cambodia;
(3) the United States should call an emergency meeting of the United
Nations Security Council to consider all options to restore peace and
democratic governance in Cambodia;
(4) the United States and the Association of Southeast Asian Nations
should work together to take immediate steps to restore democracy and
the rule of law in Cambodia;
(5) United States assistance to the Government of Cambodia should
remain suspended until violence ends, the democratically elected
Government is restored to power, and the necessary steps have been taken
to ensure that the elections scheduled for 1998 take place; and
(6) the United States should take all necessary steps to encourage
other donor nations to suspend assistance as part of a multilateral
effort.
SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.
(a) Findings.--Congress makes the following findings:
(1) His Excellency Christopher F. Patten, the former Governor of
Hong Kong, was the twenty-eighth and last British Governor of the
dependent territory of Hong Kong before that territory reverted back to
the People's Republic of China on July 1, 1997.
(2) Christopher Patten was a superb administrator and an inspiration
to the people whom he governed.
(3) During Christopher Patten's five years as Governor of Hong Kong,
the economy flourished under his stewardship, growing by more than 30
percent in real terms.
(4) Christopher Patten presided over a capable and honest civil
service.
(5) During the tenure of Christopher Patten as Governor of Hong
Kong, common crime declined and the political climate was positive and
stable.
(6) The legacy of Christopher Patten to Hong Kong is the expansion
of democracy in Hong Kong's legislative council and a tireless devotion
to the rights, freedoms, and welfare of the people of Hong Kong.
(7) Christopher Patten fulfilled the commitment of the British
Government to ``put in place a solidly based democratic administration''
in Hong Kong before July 1, 1997.
(b) Sense of Congress.--It is the sense of the Congress that
Christopher F. Patten, the last British Governor of the dependent
territory of Hong Kong--
(1) served his country with great honor and distinction in that
capacity; and
(2) deserves special thanks and recognition from the United States
for his tireless efforts to develop and nurture democracy in Hong Kong.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Sec. 1301. Presidential report concerning detargeting of Russian
strategic missiles.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Assistance for facilities subject to inspection under
the Chemical Weapons Convention.
Sec. 1304. Transfers of authorizations for high-priority
counterproliferation programs.
Sec. 1305. Advice to the President and Congress regarding the
safety, security, and reliability of United States nuclear weapons
stockpile.
Sec. 1306. Reconstitution of commission to assess the ballistic
missile threat to the United States.
Sec. 1307. Sense of Congress regarding the relationship between
United States obligations under the Chemical Weapons Convention and
environmental laws.
Sec. 1308. Extension of counterproliferation authorities for
support of United Nations Special Commission on Iraq.
Sec. 1309. Annual report on moratorium on use by Armed Forces of
antipersonnel landmines.
SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF
RUSSIAN STRATEGIC MISSILES.
(a) Required Report.--Not later than January 1, 1998, the President
shall submit to Congress a report concerning detargeting of Russian
strategic missiles. The report shall address each of the following:
(1) Whether a Russian ICBM that was formerly, but is no longer,
targeted at a site in the United States would be automatically
retargeted at a site in the United States in the event of the accidental
launch of the missile.
(2) Whether missile detargeting would prevent or significantly
reduce the possibility of an unauthorized missile launch carried out by
the Russian General Staff and prevent or significantly reduce the
consequences to the United States of such a launch.
(3) Whether missile detargeting would pose a significant obstacle to
an unauthorized launch carried out by an operational level below the
Russian General Staff if missile operators at such an operational level
acquired missile launch codes or had the technical expertise to override
missile launch codes.
(4) The plausibility of an accidental launch of a Russian ICBM,
compared to the possibility of a deliberate missile launch, authorized
or unauthorized, resulting from Russian miscalculation, overreaction, or
aggression.
(5) The national security benefits derived from detargeting United
States and Russian ICBMs.
(6) The relative consequences to the United States of an
unauthorized or accidental launch of a Russian ICBM that has been
detargeted and one that has not been detargeted.
(b) Definitions.--For purposes of subsection (a):
(1) The term ``Russian ICBM'' means an intercontinental ballistic
missile of the Russian Federation.
(2) The term ``accidental launch'' means a missile launch resulting
from mechanical failure.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department of Defense
may not be obligated or expended during fiscal year 1998 for retiring or
dismantling, or for preparing to retire or dismantle, any of the
following strategic nuclear delivery systems below the specified levels:
(1) 71 B 52H bomber aircraft.
(2) 18 Trident ballistic missile submarines.
(3) 500 Minuteman III intercontinental ballistic missiles.
(4) 50 Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into force
during fiscal year 1998, the Secretary of Defense may waive the
application of the limitation under subsection (a) to the extent that
the Secretary determines necessary in order to implement the treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the limitation
under subsection (a) ceases to apply by reason of a waiver under
subsection (b), funds available to the Department of Defense may
nevertheless not be obligated or expended during fiscal year 1998 to
implement any agreement or understanding to undertake substantial early
deactivation of a strategic nuclear delivery system specified in
subsection (a) until 30 days after the date on which the President
submits to Congress a report concerning such actions.
(2) For purposes of this subsection and subsection (d), a substantial
early deactivation is an action during fiscal year 1998 to deactivate a
substantial number of strategic nuclear delivery systems specified in
subsection (a) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat status.
(3) A report under this subsection shall include the following:
(A) The text of any understanding or agreement between the United
States and the Russian Federation concerning substantial early
deactivation of strategic nuclear delivery systems under the START II
Treaty.
(B) The plan of the Department of Defense for implementing the
agreement.
(C) An assessment of the Secretary of Defense of the adequacy of the
provisions contained in the agreement for monitoring and verifying
compliance of Russia with the terms of the agreement and, based upon
that assessment, the determination of the President specifically as to
whether the procedures for monitoring and verification of compliance by
Russia with the terms of the agreement are adequate or inadequate.
(D) A determination by the President as to whether the deactivations
to occur under the agreement will be carried out in a symmetrical,
reciprocal, or equivalent manner and whether the agreement will require
early deactivations of strategic forces by the United States to be
carried out substantially more rapidly than deactivations of strategic
forces by Russia.
(E) An assessment by the President of the effect of the proposed
early deactivation on the stability of the strategic balance and
relative strategic nuclear capabilities of the United States and the
Russian Federation at various stages during deactivation and upon
completion, including a determination by the President specifically as
to whether the proposed early deactivations will adversely affect
strategic stability.
(d) Further Limitation on Strategic Force Reductions.--(1) Amounts
available to the Department of Defense for fiscal year 1998 to implement
an agreement that results in a substantial early deactivation during
fiscal year 1998 of strategic forces may not be obligated for that
purpose if in the report under subsection (c)(3) the President
determines any of the following:
(A) That procedures for monitoring and verification of compliance by
Russia with the terms of the agreement are inadequate.
(B) That the agreement will require early deactivations of strategic
forces by the United States to be carried out substantially more rapidly
than deactivations of strategic forces by Russia.
(C) That the proposed early deactivations will adversely affect
strategic stability.
(2) The limitation in paragraph (1), if effective by reason of a
determination by the President described in paragraph (1)(B), shall
cease to apply 30 days after the date on which the President notifies
Congress that the early deactivations under the agreement are in the
national interest of the United States.
(e) Contingency Plan for Sustainment of Systems.--(1) Not later then
February 15, 1998, the Secretary of Defense shall submit to Congress a
plan for the sustainment beyond October 1, 1999, of United States
strategic nuclear delivery systems and alternative Strategic Arms
Reduction Treaty force structures in the event that a strategic arms
reduction agreement subsequent to the Strategic Arms Reduction Treaty
does not enter into force before 2004.
(2) The plan shall include a discussion of the following matters:
(A) The actions that are necessary to sustain the United States
strategic nuclear delivery systems, distinguishing between the actions
that are planned for and funded in the future-years defense program and
the actions that are not planned for and funded in the future-years
defense program.
(B) The funding necessary to implement the plan, indicating the
extent to which the necessary funding is provided for in the
future-years defense program and the extent to which the necessary
funding is not provided for in the future-years defense program.
(f) START Treaties Defined.--In this section:
(1) The term ``Strategic Arms Reduction Treaty'' means the Treaty
Between the United States of America and the United Soviet Socialist
Republics on the Reduction and Limitation of Strategic Offensive Arms
(START), signed at Moscow on July 31, 1991, including related annexes on
agreed statements and definitions, protocols, and memorandum of
understanding.
(2) The term ``START II Treaty'' means the Treaty Between the United
States of America and the Russian Federation on Further Reduction and
Limitation of Strategic Offensive Arms, signed at Moscow on January 3,
1993, including the following protocols and memorandum of understanding,
all such documents being integral parts of and collectively referred to
as the ``START II Treaty'' (contained in Treaty Document 103 1):
(A) The Protocol on Procedures Governing Elimination of Heavy ICBMs
and on Procedures Governing Conversion of Silo Launchers of Heavy ICBMs
Relating to the Treaty Between the United States of America and the
Russian Federation on Further Reduction
and Limitation of Strategic Offensive Arms (also known as the
``Elimination and Conversion Protocol'').
(B) The Protocol on Exhibitions and Inspections of Heavy Bombers
Relating to the Treaty Between the United States and the Russian
Federation on Further Reduction and Limitation of Strategic Offensive
Arms (also known as the ``Exhibitions and Inspections Protocol'').
(C) The Memorandum of Understanding on Warhead Attribution and Heavy
Bomber Data Relating to the Treaty Between the United States of America
and the Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the ``Memorandum on
Attribution'').
SEC. 1303. ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION
UNDER THE CHEMICAL WEAPONS CONVENTION.
(a) Assistance Authorized.--Upon the request of the owner or operator
of a facility that is subject to a routine inspection or a challenge
inspection under the Chemical Weapons Convention, the Secretary of
Defense may provide technical assistance to that owner or operator
related to compliance of that facility with the Convention. Any such
assistance shall be provided through the On-Site Inspection Agency of
the Department of Defense.
(b) Reimbursement Requirement.--The Secretary may provide assistance
under subsection (a) only to the extent that the Secretary determines
that the Department of Defense will be reimbursed for costs incurred in
providing the assistance. The United States National Authority may
provide such reimbursement from amounts available to it. Any such
reimbursement shall be credited to amounts available for the On-Site
Inspection Agency.
(c) Definitions.--In this section:
(1) The terms ``Chemical Weapons Convention'' and ``Convention''
mean the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
ratified by the United States on April 25, 1997, and entered into force
on April 29, 1997.
(2) The term ``facility that is subject to a routine inspection''
means a declared facility, as defined in paragraph 15 of part X of the
Annex on Implementation and Verification of the Convention.
(3) The term ``challenge inspection'' means an inspection conducted
under Article IX of the Convention.
(4) The term ``United States National Authority'' means the United
States National Authority established or designated pursuant to Article
VII, paragraph 4, of the Convention.
SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY
COUNTERPROLIFERATION PROGRAMS.
(a) Authority.--(1) Subject to paragraph (2), the Secretary of
Defense may transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1998 to any
counterproliferation program, project, or activity described in
subsection (b).
(2) A transfer of authorizations may be made under this section only
upon determination by the Secretary of Defense that such action is
necessary in the national interest.
(3) Amounts of authorizations so transferred shall be merged with and
be available for the same purposes as the authorization to which
transferred.
(b) Programs to Which Tranfers May Be Made.--The authority under
subsection (a) applies to any counterproliferation program, project, or
activity of the Department of Defense identified as an area for progress
in the most recent annual report of the Counterproliferation Program
Review Committee established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note).
(c) Limitation on Total Amount.--The total amount of authorizations
transferred under the authority of this section may not exceed
$50,000,000.
(d) Other Limitations and Requirements.--The provisions of subsection
(b), (c), and (d) of section 1001 shall apply to a transfer under this
section in the same manner as they apply to a transfer under subsection
(a) of that section.
(e) Construction With General Transfer Authority.--The authority
provided by this section is in addition to the transfer authority
provided in section 1001.
SEC. 1305. ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE
SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES NUCLEAR WEAPONS
STOCKPILE.
(a) Findings.--Congress makes the following findings:
(1) Nuclear weapons are the most destructive weapons on earth. The
United States and its allies continue to rely on nuclear weapons to
deter potential adversaries from using weapons of mass destruction. The
safety and reliability of the nuclear weapons stockpile are essential to
ensure its credibility as a deterrent.
(2) On September 24, 1996, President Clinton signed the
Comprehensive Test Ban Treaty.
(3) Effective as of September 30, 1996, the United States is
prohibited by section 507 of the Energy and Water Development
Appropriations Act, 1993 (Public Law 102 377; 42 U.S.C. 2121 note) from
conducting underground nuclear tests ``unless a foreign state conducts a
nuclear test after this date, at which time the prohibition on United
States nuclear testing is lifted''.
(4) Section 1436(b) of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100 456; 42 U.S.C. 2121 note) requires the
Secretary of Energy to ``establish and support a program to assure that
the United States is in a position to maintain the reliability, safety,
and continued deterrent effect of its stockpile of existing nuclear
weapons designs in the event that a low-threshold or comprehensive test
ban on nuclear explosive testing is negotiated and ratified.''.
(5) Section 3138(d) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103 160; 42 U.S.C. 2121 note) required the
President to submit an annual report to Congress which sets forth ``any
concerns with respect to the safety, security, effectiveness, or
reliability of existing United States nuclear weapons raised by the
Stockpile Stewardship Program of the Department of Energy''.
(6) President Clinton declared in July 1993 that ``to assure that
our nuclear deterrent remains unquestioned under a test ban, we will
explore other means of maintaining our confidence in the safety,
reliability, and the performance of our weapons''. This decision was
incorporated in a Presidential Directive.
(7) Section 3138 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103 160; 42 U.S.C. 2121 note) also requires
that the Secretary of Energy establish a ``stewardship program to ensure
the preservation of the core intellectual and technical competencies of
the United States in nuclear weapons''.
(8) The plan of the Department of Energy to maintain the safety and
reliability of the United States nuclear weapons stockpile is known as
the Stockpile Stewardship and Management Program. The ability of the
United States to maintain and certify the safety, security,
effectiveness, and reliability of the nuclear weapons stockpile without
testing will require utilization of new and sophisticated computational
capabilities and diagnostic technologies, methods, and procedures.
Current diagnostic technologies and laboratory testing techniques are
insufficient to certify the safety and reliability of the United States
nuclear weapons stockpile into the future. Whereas in the past
laboratory and diagnostic tools were used in conjunction with nuclear
testing, in the future they will provide, under the Department of
Energy's stockpile stewardship
plan, the sole basis for assessing past test data and for
making judgments on phenomena observed in connection with the aging of
the stockpile.
(9) Section 3159 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201; 42 U.S.C. 7274o) requires that the
directors of the nuclear weapons laboratories and the nuclear weapons
production plants submit a report to the Assistant Secretary of Energy
for Defense Programs if they identify a problem that has significant
bearing on confidence in the safety or reliability of a nuclear weapon
or nuclear weapon type, that the Assistant Secretary must transmit that
report, along with any comments, to the congressional defense committees
and to the Secretary of Energy and the Secretary of Defense, and that
the Joint Nuclear Weapons Council advise Congress regarding its analysis
of any such problems.
(10) On August 11, 1995, President Clinton directed ``the
establishment of a new annual reporting and certification requirement
[to] ensure that our nuclear weapons remain safe and reliable under a
comprehensive test ban''.
(11) On the same day, the President noted that the Secretary of
Defense and the Secretary of Energy have the responsibility, after being
``advised by the Nuclear Weapons Council, the Directors of DOE's nuclear
weapons laboratories, and the Commander of United States Strategic
Command'', to provide the President with the information regarding the
certification referred to in paragraph (10).
(12) The Joint Nuclear Weapons Council established by section 179 of
title 10, United States Code, is responsible for providing advice to the
Secretary of Energy and Secretary of Defense regarding nuclear weapons
issues, including ``considering safety, security, and control issues for
existing weapons''. The Council plays a critical role in advising
Congress in matters relating to nuclear weapons.
(13) It is essential that the President receive well-informed,
objective, and honest opinions, including dissenting views, from his
advisers and technical experts regarding the safety, security,
effectiveness, and reliability of the nuclear weapons stockpile.
(b) Policy.--
(1) In general.--It is the policy of the United States--
(A) to maintain a safe, secure, effective, and reliable nuclear
weapons stockpile; and
(B) as long as other nations control or actively seek to acquire
nuclear weapons, to retain a credible nuclear deterrent.
(2) Nuclear weapons stockpile.--It is in the security interest of
the United States to sustain the United States nuclear weapons stockpile
through a program of stockpile stewardship, carried out at the nuclear
weapons laboratories and nuclear weapons production plants.
(3) Sense of Congress.--It is the sense of Congress that--
(A) the United States should retain a triad of strategic nuclear
forces sufficient to deter any future hostile foreign leadership with
access to strategic nuclear forces from acting against the vital
interests of the United States;
(B) the United States should continue to maintain nuclear forces of
sufficient size and capability to implement an effective and robust
deterrent strategy; and
(C) the advice of the persons required to provide the President and
Congress with assurances of the safety, security, effectiveness, and
reliability of the nuclear weapons force should be scientifically based,
without regard for politics, and of the highest quality and integrity.
(c) Addition of President to Recipients of Reports by Heads of
Laboratories and Plants.--Section 3159(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 42 U.S.C.
7274o) is amended--
(1) by striking out ``committees and'' and inserting in lieu thereof
``committees,''; and
(2) by inserting before the period at the end the following: ``, and
to the President''.
(d) Ten-Day Time Limit for Transmittal of Report.--Section 3159(b) of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104 201; 42 U.S.C. 7274o) is amended by striking out ``As soon as
practicable'' and inserting in lieu thereof ``Not later than 10 days''.
(e) Advice and Opinions Regarding Nuclear Weapons Stockpile.--In
addition to a director of a nuclear weapons laboratory or a nuclear
weapons production plant (under section 3159 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 42 U.S.C.
7274o)), any member of the Joint Nuclear Weapons Council or the
commander of the United States Strategic Command may also submit to the
President, the Secretary of Defense, the Secretary of Energy, or the
congressional defense committees advice or opinion regarding the safety,
security, effectiveness, and reliability of the nuclear weapons
stockpile.
(f) Expression of Individual Views.--A representative of the
President may not take any action against, or otherwise constrain, a
director of a nuclear weapons laboratory or a nuclear weapons production
plant, a member of the Joint Nuclear Weapons Council, or the Commander
of United States Strategic Command for presenting individual views to
the President, the National Security Council, or Congress regarding the
safety, security, effectiveness, and reliability of the nuclear weapons
stockpile.
(g) Definitions.--In this section:
(1) The term ``representative of the President'' means the following:
(A) Any official of the Department of Defense or the Department of
Energy who is appointed by the President and confirmed by the Senate.
(B) Any member of the National Security Council.
(C) Any member of the Joint Chiefs of Staff.
(D) Any official of the Office of Management and Budget.
(2) The term ``nuclear weapons laboratory'' means any of the
following:
(A) Lawrence Livermore National Laboratory, California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(3) The term ``nuclear weapons production plant'' means any of the
following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y 12 Plant, Oak Ridge, Tennessee.
SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE
BALLISTIC MISSILE THREAT TO THE UNITED STATES.
(a) Initial Organization Requirements.--Section 1321(g) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2712) is amended--
(1) in paragraph (1), by striking out ``not later than 45 days after
the date of the enactment of this Act'' and inserting in lieu thereof
``not later than 30 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1998''; and
(2) in paragraph (2)--
(A) by striking out ``30 days'' and inserting in lieu thereof ``60
days''; and
(B) by striking out ``, but not earlier than October 15, 1996''.
(b) Funding.--Section 1328 of such Act (110 Stat. 2714) is amended by
inserting ``and fiscal year 1998'' after ``for fiscal year 1997''.
SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP
BETWEEN UNITED STATES OBLIGATIONS UNDER THE CHEMICAL WEAPONS CONVENTION
AND ENVIRONMENTAL LAWS.
(a) Findings.--Congress makes the following findings:
(1) The Chemical Weapons Convention requires the destruction of the
United States stockpile of lethal chemical agents and munitions by April
29, 2007 (not later than 10 years after the Convention's entry into
force).
(2) The President has substantial authority under existing law to
ensure that--
(A) the technologies necessary to destroy the stockpile are developed;
(B) the facilities necessary to destroy the stockpile are
constructed; and
(C) Federal, State, and local environmental laws and regulations do
not impair the ability of the United States to comply with its
obligations under the Convention.
(3) The Comptroller General has concluded (in GAO Report NSIAD 97018
of February 1997) that--
(A) obtaining the necessary Federal and State permits that are
required under Federal environmental laws and regulations for building
and operating the chemical agents and munitions destruction facilities
is among the most unpredictable factors in the chemical demilitarization
program; and
(B) program cost and schedule are largely driven by the degree to
which States and local communities are in agreement with proposed
disposal methods and whether those methods meet environmental concerns.
(b) Sense of Congress.--It is the sense of Congress that the
President--
(1) should use the authority of the President under existing law to
ensure that the United States is able to construct and operate the
facilities necessary to destroy the United States stockpile of lethal
chemical agents and munitions
within the time allowed by the Chemical Weapons Convention; and
(2) while carrying out the obligations of the United States under
the Convention, should encourage negotiations between appropriate
Federal officials and officials of the State and local governments
concerned to attempt to meet their concerns regarding compliance with
Federal and State environmental laws and regulations and other concerns
about the actions being taken to carry out those obligations.
(c) Chemical Weapons Convention Defined.--For the purposes of this
section, the terms ``Chemical Weapons Convention'' and ``Convention''
mean the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
ratified by the United States on April 25, 1997, and entered into force
on April 29, 1997.
SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR
SUPPORT OF UNITED NATIONS SPECIAL COMMISSION ON IRAQ.
Section 1505 of the Weapons of Mass Destruction Control Act of 1992
(title XV of Public Law 102 484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or'' after ``fiscal year
1996,'' and by inserting ``, or $15,000,000 for fiscal year 1998''
before the period at the end; and
(2) in subsection (f), by striking out ``1997'' and inserting in
lieu thereof ``1998''.
SEC. 1309. ANNUAL REPORT ON MORATORIUM ON USE BY ARMED FORCES
OF ANTIPERSONNEL LANDMINES.
(a) Findings.--Congress makes the following findings:
(1) The United States has stated its support for a ban on
antipersonnel landmines that is global in scope and verifiable.
(2) On May 16, 1996, the President announced that the United States,
as a matter of policy, would eliminate its stockpile of
non-self-destructing antipersonnel landmines, except those used for
training purposes and in Korea, and that the United States would reserve
the right to use self-destructing antipersonnel landmines in the event
of conflict.
(3) On May 16, 1996, the President also announced that the United
States would lead an effort to negotiate an international treaty
permanently banning the use of all antipersonnel landmines.
(4) The United States is currently participating at the United
Nations Conference on Disarmament in negotiations aimed at achieving a
global ban on the use of antipersonnel landmines.
(5) On August 18, 1997, the administration agreed to participate in
international negotiations sponsored by Canada (the so-called ``Ottawa
process'') designed to achieve a treaty that would outlaw the
production, use, and sale of antipersonnel landmines.
(6) On September 17, 1997, the President announced that the United
States would not sign the antipersonnel landmine treaty concluded in
Oslo, Norway, by participants in the Ottawa process because the treaty
would not provide a geographic exception to allow the United States to
stockpile and use antipersonnel landmines in Korea or an exemption that
would preserve the ability of the United States to use mixed antitank
mine systems which could be used to deter an armored assault against
United States forces.
(7) The President also announced a change in United States policy
whereby the United States--
(A) would no longer deploy antipersonnel landmines, including
self-destructing antipersonnel landmines, by 2003, except in Korea;
(B) would seek to field alternatives by that date, or by 2006 in the
case of Korea;
(C) would undertake a new initiative in the United Nations
Conference on Disarmament to establish a
global ban on the transfer of antipersonnel landmines; and
(D) would increase its current humanitarian demining activities
around the world.
(8) The President's decision would allow the continued use by United
States forces of self-destructing antipersonnel landmines that are used
as part of a mixed antitank mine system.
(9) Under existing law (as provided in section 580 of Public Law 104
107; 110 Sat 751), on February 12, 1999, the United States will
implement a one-year moratorium on the use of antipersonnel landmines by
United States forces except along internationally recognized national
borders or in demilitarized zones within a perimeter marked area that is
monitored by military personnel and protected by adequate means to
ensure the exclusion of civilians.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should not implement a moratorium on the use
of antipersonnel landmines by United States Armed Forces in a manner
that would endanger United States personnel or undermine the military
effectiveness of United States Armed Forces in executing their missions;
and
(2) the United States should pursue the development of alternatives
to self-destructing antipersonnel landmines.
(c) Annual Report.--Not later than December 31 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report concerning antipersonnel landmines. Each such report
shall include the Secretary's description of the following:
(1) The military utility of the continued deployment and use by the
United States of antipersonnel landmines.
(2) The effect of a moratorium on the production, stockpiling, and
use of antipersonnel landmines on the ability of United States forces to
deter and defend against attack on land by hostile forces, including on
the Korean peninsula.
(3) Progress in developing and fielding systems that are effective
substitutes for antipersonnel landmines, including an identification and
description of the types of systems that are being developed and
fielded, the costs associated with those systems, and the estimated
timetable for developing and fielding those systems.
(4) The effect of a moratorium on the use of antipersonnel landmines
on the military effectiveness of current antitank mine systems.
(5) The number and type of pure antipersonnel landmines that remain
in the United States inventory and that are subject to elimination under
the President's September 17, 1997, declaration on United States
antipersonnel landmine policy.
(6) The number and type of mixed antitank mine systems that are in
the United States inventory, the locations where they are deployed, and
their effect on the deterrence and warfighting ability of United States
Armed Forces.
(7) The effect of the elimination of pure antipersonnel landmines on
the warfighting effectiveness of the United States Armed Forces.
(8) The costs already incurred and anticipated of eliminating
antipersonnel landmines from the United States inventory in accordance
with the policy enunciated by the President on September 17, 1997.
(9) The benefits that would result to United States military and
civilian personnel from an international treaty banning the production,
use, transfer, and stockpiling of antipersonnel landmines.
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER
SOVIET UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs
and funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to
START II Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons
destruction facility.
Sec. 1406. Limitation on use of funds for destruction of chemical
weapons.
Sec. 1407. Limitation on use of funds for storage facility for
Russian fissile material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties,
and other assessments on assistance provided to Russia under Cooperative
Threat Reduction programs.
Sec. 1410. Availability of funds.
SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for fiscal year 1997 (Public Law 104 201: 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 1998 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 1998 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
SEC. 1402. FUNDING ALLOCATIONS.
(a) In General.--Of the fiscal year 1998 Cooperative Threat Reduction
funds, not more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in Russia, $77,900,000.
(2) For strategic nuclear arms elimination in Ukraine, $76,700,000.
(3) For fissile material containers in Russia, $7,000,000.
(4) For planning and design of a chemical weapons destruction
facility in Russia, $35,400,000.
(5) For dismantlement of biological and chemical weapons facilities
in the former Soviet Union, $20,000,000.
(6) For planning, design, and construction of a storage facility for
Russian fissile material, $57,700,000.
(7) For weapons storage security in Russia, $36,000,000.
(8) For development of a cooperative program with the Government of
Russia to eliminate the production of weapons grade plutonium at Russian
reactors, $41,000,000.
(9) For activities designated as Defense and Military-to-Military
Contacts in Russia, Ukraine, and Kazakhstan, $8,000,000.
(10) For military-to-military programs of the United States that
focus on countering the threat of proliferation of weapons of mass
destruction and that include the security forces of the independent
states of the former Soviet Union other than Russia, Ukraine, Belarus,
and Kazakstan, $2,000,000.
(11) For activities designated as Other Assessments/Administrative
Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If the
Secretary of Defense determines that it is necessary to do so in the
national interest, the Secretary may, subject to paragraphs (2) and (3),
obligate amounts for the purposes stated in any of the paragraphs of
subsection (a) in excess of the amount specified for those purposes in
that paragraph. However, the total amount obligated for the purposes
stated in the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the sum of
the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the paragraphs in
subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the intent to
do so together with a complete discussion of the justification for doing
so; and
(B) 15 days have elapsed following the date of the notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts appropriated for the purposes stated in any of
paragraphs (3) through (11) of subsection (a) in excess of 115 percent
of the amount stated in those paragraphs.
(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
in subsection (b)(1) of section 1202 of the National Defense
Authorization Act For Fiscal Year 1996 (Public Law 104 106; 110 Stat.
469), that provides that the authority provided in that sentence to
obligate amounts specified for Cooperative Threat Reduction purposes in
excess of the amount specified for each such purpose in subsection (a)
of that section may not exceed 115 percent of the amounts specified,
shall not apply with respect to subsection (a)(1) of such section for
purposes of strategic offensive weapons elimination in Russia or the
Ukraine.
(2) The limitation in subsection (b)(1) of section 1502 of the
National Defense Authorization Act For Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2732), that provides that the authority provided in that
sentence to obligate amounts specified for Cooperative Threat Reduction
purposes in excess of the amount specified for each such purpose in
subsection (a) of that section may not exceed 115 percent of the amounts
specified, shall not apply with respect to subsections (a)(2) and (a)(3)
of such section.
SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1998 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat Reduction
programs for any prior fiscal year and remaining available for
obligation, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion Assistance.--None
of the funds appropriated pursuant to this Act may be obligated or
expended for the provision of assistance to Russia or any other state of
the former Soviet Union to promote defense conversion.
SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO
START II TREATY UNTIL SUBMISSION OF CERTIFICATION.
No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for strategic offensive arms elimination projects
in Russia related to the START II Treaty (as defined in section 1302(f))
until 30 days after the date on which the Secretary of Defense submits
to Congress a certification in writing that--
(1) implementation of the projects would benefit the national
security interest of the United States; and
(2) Russia has agreed in an implementing agreement to share the cost
for the projects.
SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION FACILITY.
(a) Limitation on Use of Funds Until Submission of Notifications to
Congress.--No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for planning and design of a chemical weapons
destruction facility until 15 days after the date that is the later of
the following:
(1) The date on which the Secretary of Defense submits to Congress
notification of an agreement between the United States and Russia with
respect to such chemical weapons destruction facility that includes--
(A) an agreement providing for a limitation on the financial
contribution by the United States for the facility;
(B) an agreement that the United States will not pay the costs for
infrastructure determined by Russia to be necessary to support the
facility; and
(C) an agreement on the location of the facility.
(2) The date on which the Secretary of Defense submits to Congress
notification that the Government of Russia has formally approved a
plan--
(A) that allows for the destruction of chemical weapons in Russia; and
(B) that commits Russia to pay a portion of the cost for the facility.
(b) Prohibition on Use of Funds for Facility Construction.--No fiscal
year 1998 Cooperative Threat Reduction funds authorized to be obligated
in section 1402(a)(4) for planning and design of a chemical weapons
destruction facility in Russia may be used for construction of such
facility.
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF
CHEMICAL WEAPONS.
(a) Limitation.--No funds authorized to be appropriated under this or
any other Act for fiscal year 1998 for Cooperative Threat Reduction
programs may be obligated or expended for chemical weapons destruction
activities (including activities for the planning, design, or
construction of a chemical weapons destruction facility or for the
dismantlement of an existing chemical weapons production facility) until
the President submits to Congress a written certification under
subsection (b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the President:
(1) A certification that--
(A) Russia is making reasonable progress toward the implementation
of the Bilateral Destruction Agreement;
(B) the United States and Russia have made substantial progress
toward the resolution, to the satisfaction of the United States, of
outstanding compliance issues under the Wyoming Memorandum of
Understanding and the Bilateral Destruction Agreement; and
(C) Russia has fully and accurately declared all information
regarding its unitary and binary chemical weapons, chemical weapons
facilities, and other facilities associated with chemical weapons.
(2) A certification that the national security interests of the
United States could be undermined by a United States policy not to carry
out chemical weapons destruction activities under the Cooperative Threat
Reduction programs for which funds are authorized to be appropriated
under this or any other Act for fiscal year 1998.
(c) Definitions.--For the purposes of this section:
(1) The term ``Bilateral Destruction Agreement'' means the Agreement
Between the United States of America and the Union of Soviet Socialist
Republics on Destruction and Nonproduction of Chemical Weapons and on
Measures to Facilitate the Multilateral Convention on Banning Chemical
Weapons, signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of Understanding'' means the
Memorandum of Understanding Between the Government of the United States
of America and the Government of the Union of Soviet Socialist Republics
Regarding a Bilateral Verification Experiment and Data Exchange Related
to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on
September 23, 1989.
SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR
RUSSIAN FISSILE MATERIAL.
No fiscal year 1998 Cooperative Threat Reduction funds may be
obligated or expended for planning, design, or construction of a storage
facility for Russian fissile material until 15 days after the date that
is the later of the following:
(1) The date on which the Secretary of Defense submits to Congress
notification that an implementing agreement between the United States
and Russia has been entered into that specifies the total cost to the
United States for the facility.
(2) The date on which the Secretary submits to Congress notification
that an agreement has been entered into between the United States and
Russia incorporating the principle of transparency with respect to the
use of the facility.
SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.
No fiscal year 1998 Cooperative Threat Reduction funds intended for
weapons storage security activities in Russia may be obligated or
expended until--
(1) the Secretary of Defense submits to Congress a report on the
status of negotiations between the United States and Russia on audits
and examinations with respect to weapons storage security; and
(2) 15 days have elapsed following the date that the report is
submitted.
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES,
DUTIES, AND OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report on issues
regarding payment of taxes, duties, and other assessments on assistance
provided to Russia under Cooperative Threat Reduction programs. The
report shall include the following:
(1) A description of any disputes between the United States and
Russia with respect to payment by the United States of taxes, duties and
other assessments on assistance provided to Russia under a Cooperative
Threat Reduction
program, including a description of the nature of each
dispute, the amount of payment disputed, whether the dispute was
resolved, and if the dispute was resolved, the means by which the
dispute was resolved.
(2) A description of the actions taken by the Secretary to prevent
disputes in the future between the United States and Russia with respect
to payment by the United States of taxes, duties, and other assessments
on assistance provided to Russia under a Cooperative Threat Reduction
program.
(3) A description of any agreement between the United States and
Russia with respect to payment by the United States of taxes, duties, or
other assessments on assistance provided to Russia under a Cooperative
Threat Reduction program.
(4) Any proposals of the Secretary for actions that should be taken
to prevent disputes between the United States and Russia with respect to
payment by the United States of taxes, duties, or other assessments on
assistance provided to Russia under a Cooperative Threat Reduction
program.
SEC. 1410. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs shall be available
for obligation for three fiscal years.
TITLE XV--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS ASSOCIATION
Sec. 1501. Recognition and grant of Federal charter.
Sec. 1502. Powers.
Sec. 1503. Purposes.
Sec. 1504. Service of process.
Sec. 1505. Membership.
Sec. 1506. Board of directors.
Sec. 1507. Officers.
Sec. 1508. Restrictions.
Sec. 1509. Liability.
Sec. 1510. Maintenance and inspection of books and records.
Sec. 1511. Audit of financial transactions.
Sec. 1512. Annual report.
Sec. 1513. Reservation of right to alter, amend, or repeal charter.
Sec. 1514. Tax-exempt status required as condition of charter.
Sec. 1515. Termination.
Sec. 1516. Definition of State.
SEC. 1501. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The Air Force Sergeants Association, a nonprofit corporation
organized under the laws of the District of Columbia, is recognized as
such and granted a Federal charter.
SEC. 1502. POWERS.
The Air Force Sergeants Association (in this title referred to as the
``association'') shall have only those powers granted to it through its
bylaws and articles of incorporation filed in the District of Columbia
and subject to the laws of the District of Columbia.
SEC. 1503. PURPOSES.
The purposes of the association are those provided in its bylaws and
articles of incorporation and shall include the following:
(1) To help maintain a highly dedicated and professional corps of
enlisted personnel within the United States Air Force, including the
United States Air Force Reserve, and the Air National Guard.
(2) To support fair and equitable legislation and Department of the
Air Force policies and to influence by lawful means departmental plans,
programs, policies, and legislative proposals that affect enlisted
personnel of the Regular Air Force, the Air Force Reserve, and the Air
National Guard, its retirees, and other veterans of enlisted service in
the Air Force.
(3) To actively publicize the roles of enlisted personnel in the
United States Air Force.
(4) To participate in civil and military activities, youth programs,
and fundraising campaigns that benefit the United States Air Force.
(5) To provide for the mutual welfare of members of the association
and their families.
(6) To assist in recruiting for the United States Air Force.
(7) To assemble together for social activities.
(8) To maintain an adequate Air Force for our beloved country.
(9) To foster among the members of the association a devotion to
fellow airmen.
(10) To serve the United States and the United States Air Force
loyally, and to do all else necessary to uphold and defend the
Constitution of the United States.
SEC. 1504. SERVICE OF PROCESS.
With respect to service of process, the association shall comply with
the laws of the District of Columbia and those States in which it
carries on its activities in furtherance of its corporate purposes.
SEC. 1505. MEMBERSHIP.
Except as provided in section 1508(g), eligibility for membership in
the association and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the association.
SEC. 1506. BOARD OF DIRECTORS.
Except as provided in section 1508(g), the composition of the board
of directors of the association and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of Columbia.
SEC. 1507. OFFICERS.
Except as provided in section 1508(g), the positions of officers of
the association and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the District of Columbia.
SEC. 1508. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of the
association may inure to the benefit of any member, officer, or director
of the association or be distributed to any such individual during the
life of this charter. Nothing in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the association or reimbursement for actual and necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The association may not make any loan to any member,
officer, director, or employee of the association.
(c) Issuance of Stock and Payment of Dividends.--The association may
not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The association
may not claim the approval of the Congress or the authorization of the
Federal Government for any of its activities by virtue of this title.
(e) Corporate Status.--The association shall maintain its status as a
corporation organized and incorporated under the laws of the District of
Columbia.
(f) Corporate Function.--The association shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.
(g) Nondiscrimination.--In establishing the conditions of membership
in the association and in determining the requirements for serving on
the board of directors or as an officer of the association, the
association may not discriminate on the basis of race, color, religion,
sex, handicap, age, or national origin.
SEC. 1509. LIABILITY.
The association shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 1510. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The association shall keep correct
and complete books and records of account and minutes of any proceeding
of the association involving any of its members, the board of directors,
or any committee having authority under the board of directors.
(b) Names and Addresses of Members.--The association shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the association.
(c) Right to Inspect Books and Records.--All books and records of the
association may be inspected by any member having the right to vote in
any proceeding of the association, or by any agent or attorney of such
member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 1511. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended--
(1) by redesignating the paragraph (77) added by section 1811 of
Public Law 104 201 (110 Stat. 2762) as paragraph (78); and
(2) by adding at the end the following:
``(79) Air Force Sergeants Association.''.
SEC. 1512. ANNUAL REPORT.
The association shall annually submit to Congress a report concerning
the activities of the association during the preceding fiscal year. The
annual report shall be submitted on the same date as the report of the
audit required by reason of the amendment made in section 1511. The
annual report shall not be printed as a public document.
SEC. 1513. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this title is expressly reserved
to Congress.
SEC. 1514. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the association fails to maintain its status as an organization
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this title shall terminate.
SEC. 1515. TERMINATION.
The charter granted in this title shall expire if the association
fails to comply with any of the provisions of this title.
SEC. 1516. DEFINITION OF STATE.
For purposes of this title, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions of the
United States.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1998''.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin,
California.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State Installation or Location Amount
Alabama Redstone Arsenal $27,000,000
Arizona Fort Huachuca $20,000,000
California lFort Irwin $11,150,000
Naval Weapons Station, Concord $23,000,000
Colorado Fort Carson $47,300,000
Georgia lFort Gordon $22,000,000
lHunter Army Air Field, Fort Stewart $54,000,000
Hawaii Schofield Barracks $44,000,000
Indiana Crane Army Ammunition Activity $7,700,000
Kansas Fort Leavenworth $63,000,000
Fort Riley $25,800,000
Kentucky lFort Campbell $53,600,000
Fort Knox $7,200,000
Missouri Fort Leonard Wood $3,200,000
New Jersey Fort Monmouth $2,050,000
New Mexico White Sands Missile Range $6,900,000
New York Fort Drum $24,400,000
North Carolina Fort Bragg $17,700,000
Oklahoma Fort Sill $25,000,000
South Carolina Naval Weapons Station, Charleston $7,700,000
Texas lFort Bliss $7,700,000
Fort Hood $27,200,000
Fort Sam Houston $16,000,000
Virginia lFort A.P. Hill $5,400,000
Fort Myer $8,200,000
Fort Story $2,050,000
Washington Fort Lewis $33,000,000
CONUS Classified Classified Location $6,500,000
--------------
Total $598,750,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
Country Installation or Location Amount
Germany Ansbach $22,000,000
Heidelberg $8,800,000
Mannheim $6,200,000
lMilitary Support Group, Kaiserslautern $6,000,000
Korea Camp Casey $5,100,000
Camp Castle $8,400,000
Camp Humphreys $32,000,000
Camp Red Cloud $23,600,000
Camp Stanley $7,000,000
Overseas Classified Overseas Classified $37,000,000
--------------
Total $156,100,000
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to authorization of appropriations in section 2104(a)(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition) at the installations, for the purposes, and
in the amounts set forth in the following table:
Army: Family Housing
State Installation or Location Purpose Amount
Arizona Fort Huachuca 55 Units $8,000,000
Hawaii Schofield Barracks 132 Units $26,600,000
Maryland Fort Meade 56 Units $7,900,000
New Jersey Picatinny Arsenal 35 Units $7,300,000
North Carolina Fort Bragg 174 Units $20,150,000
Texas Fort Bliss 91 Units $12,900,000
Fort Hood 130 Units $18,800,000
--------------
xl Total $101,650,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(5)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$9,550,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
sections 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $86,100,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $2,010,466,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $435,350,000.
(2) For the military construction projects outside the United States
authorized by section 2101(b), $156,100,000.
(3) For unspecified minor military construction projects authorized
by section 2805 of title 10, United States Code, $7,400,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $65,577,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $197,300,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$1,145,339,000.
(6) For the construction of the National Range Control Center, White
Sands Missile Range, New Mexico, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104 201; 110 Stat. 2763), $18,000,000.
(7) For the construction of the whole barracks complex renewal, Fort
Knox, Kentucky, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2763), $22,000,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a);
(2) $14,400,000 (the balance of the amount authorized under section
2101(a) for the construction of the Force XXI Soldier Development School
at Fort Hood, Texas);
(3) $24,000,000 (the balance of the amount authorized under section
2101(a) for rail yard expansion at Fort Carson, Colorado);
(4) $43,000,000 (the balance of the amount authorized under section
2101(a) for the construction of a disciplinary barracks at Fort
Leavenworth, Kansas);
(5) $42,500,000 (the balance of the amount authorized under section
2101(a) for the construction of a barracks at Hunter Army Airfield, Fort
Stewart, Georgia);
(6) $17,000,000 (the balance of the amount authorized under section
2101(a) for the construction of a barracks at Fort Sill, Oklahoma);
(7) $14,000,000 (the balance of the amount authorized under section
2101(a) for the construction of a missile software engineering facility
at Redstone Arsenal, Alabama); and
(8) $8,500,000 (the balance of the amount authorized under section
2101(a) for the construction of an aerial gunnery range at Fort Drum,
New York).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized in such paragraphs, reduced by $36,600,000, which
represents the combination of savings resulting from adjustments to
foreign currency exchange rates for military construction projects and
the support of military family housing outside the United States.
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS, FORT IRWIN,
CALIFORNIA.
The Secretary of the Army may carry out a military construction
project at Fort Irwin, California, to construct a heliport for the
National Training Center at Barstow-Daggett, California, using the
following amounts:
(1) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103
337; 108 Stat. 3029) for a military construction project involving the
construction of an air field at Fort Irwin, as authorized by section
2101(a) of such Act (108 Stat. 3027).
(2) Amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104
106; 110 Stat. 524) for a military construction project involving the
construction of an air field at Fort Irwin, as authorized by section
2101(a) of such Act (110 Stat. 523).
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Naval
Station, Pascagoula, Mississippi, for which funds have been
appropriated.
Sec. 2206. Increase in authorization for military construction
projects at Naval Station Roosevelt Roads, Puerto Rico.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(1), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State Installation or Location Amount
Arizona lMarine Corps Air Station, Yuma $12,250,000
lNavy Detachment, Camp Navajo $11,426,000
California lMarine Corps Air Station, Camp Pendleton $14,020,000
lMarine Corps Air Station, Miramar $8,700,000
lMarine Corps Air-Ground Combat Center, Twentynine Palms $3,810,000
lMarine Corps Base, Camp Pendleton $60,069,000
lNaval Air Facility, El Centro $11,000,000
lNaval Air Station, North Island $19,600,000
lNaval Amphibious Base, Coronado $10,100,000
lNaval Construction Battalion Center, Port Hueneme $3,200,000
Connecticut lNaval Submarine Base, New London $21,960,000
Florida lNaval Air Station, Jacksonville $3,480,000
Naval Air Station, Whiting Field $1,300,000
Naval Station, Mayport $17,940,000
Hawaii lFort DeRussey $9,500,000
lMarine Corps Air Station, Kaneohe Bay $19,000,000
lNaval Communications and Telecommunications Area Master Station Eastern Pacific, Honolulu $3,900,000
Naval Station, Pearl Harbor $25,000,000
Illinois lNaval Training Center, Great Lakes $41,220,000
Indiana lNaval Surface Warfare Center, Crane $4,120,000
Maryland lNaval Electronics System Command, St. Ingoes $2,610,000
Mississippi lNaval Air Station, Meridian $7,050,000
North Carolina lMarine Corps Air Station, Cherry Point $8,800,000
lMarine Corps Air Station, New River $19,900,000
Rhode Island lNaval Undersea Warfare Center Division, Newport $8,900,000
South Carolina lMarine Corps Air Station, Beaufort $17,730,000
lMarine Corps Reserve Detachment Parris Island $3,200,000
Texas lNaval Air Station, Corpus Christi $800,000
Virginia AEGIS Training Center, Dahlgren $6,600,000
lFleet Combat Training Center, Dam Neck $7,000,000
lNaval Air Station, Norfolk $18,240,000
Naval Air Station, Oceana $28,000,000
lNaval Amphibious Base, Little Creek $8,685,000
lNaval Shipyard, Norfolk, Portsmouth $29,410,000
Naval Station, Norfolk $18,850,000
lNaval Surface Warfare Center, Dahlgren $13,880,000
lNaval Weapons Station, Yorktown $14,547,000
Washington Naval Air Station, Whidbey Island $1,100,000
lPuget Sound Naval Shipyard, Bremerton $4,400,000
--------------
Total $521,297,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
Country Installation or Location Amount
Bahrain lAdministrative Support Unit, Bahrain $30,100,000
Guam lNaval Communications and Telecommunications Area Master Station Western Pacific, Guam $4,050,000
Italy Naval Air Station, Sigonella $21,440,000
Naval Support Activity, Naples $8,200,000
United Kingdom lJoint Maritime Communications Center, St. Mawgan $2,330,000
-------------
Total $66,120,000
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
State Installation or Location Purpose Amount
California lMarine Corps Air Station, Miramar 166 Units $28,881,000
lMarine Corps Air-Ground Combat Center, Twentynine Palms 132 Units $23,891,000
lMarine Corps Base, Camp Pendleton 171 Units $22,518,000
lNaval Air Station, Lemoore 128 Units $23,226,000
lNaval Complex, San Diego 94 Units $13,500,000
Hawaii lNaval Complex, Pearl Harbor 72 Units $13,000,000
Louisiana lNaval Complex, New Orleans 100 Units $11,930,000
Texas lNaval Complex, Kingsville and Corpus Christi 212 Units $22,250,000
Washington lNaval Air Station, Whidbey Island 102 Units $16,000,000
--------------
xl Total $175,196,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriation in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$15,100,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $203,536,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $2,027,339,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $521,297,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $66,120,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $11,460,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $46,489,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $393,832,000.
(B) For support of military housing (including functions described
in section 2833 of title 10, United States Code), $976,504,000.
(6) For construction of a bachelor enlisted quarters at Naval
Hospital, Great Lakes, Illinois, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104 201; 110 Stat. 2766), $5,200,000.
(7) For construction of a bachelor enlisted quarters at Naval
Station, Roosevelt Roads, Puerto Rico, authorized by section 2201(a) of
the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104 201; 110 Stat. 2767), $14,600,000.
(8) For construction of a large anecohic chamber facility at
Patuxent River Naval Air Warfare Center, Maryland, authorized by section
2201(a) of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102 484; 106 Stat. 2590), $9,000,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2201 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (8) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $8,463,000, which represents the combination of project savings
in military family housing construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes; and
(2) $8,700,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military construction projects and the support of military family
housing outside the United States.
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
NAVAL STATION, PASCAGOULA, MISSISSIPPI, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) Authorization.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2766) is amended--
(1) by striking out the amount identified as the total and inserting
in lieu thereof ``$594,982,000''; and
(2) by inserting after the item relating to Stennis Space Center,
Mississippi, the following new item:
xl ``Naval Station, Pascagoula $4,990,000''.
(b) Conforming Amendments.--Section 2204(a) of such Act (110 Stat.
2769) is amended--
(1) in the matter preceding the paragraphs, by striking out
``$2,213,731,000'' and inserting in lieu thereof ``$2,218,721,000''; and
(2) in paragraph (1), by striking out ``$579,312,000'' and inserting
in lieu thereof ``$584,302,000''.
SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY CONSTRUCTION
PROJECTS AT NAVAL STATION ROOSEVELT ROADS, PUERTO RICO.
(a) Increase.--The table in section 2201(b) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2767) is amended--
(1) by striking out the amount identified as the total and inserting
in lieu thereof ``$66,150,000''; and
(2) in the amount column of the item relating to Naval Station,
Roosevelt Roads, Puerto Rico, by striking out ``$23,600,000'' and
inserting in lieu thereof ``$24,100,000''.
(b) Conforming Amendment.--Section 2204(b)(4) of such Act (110 Stat.
2770) is amended by striking out ``$14,100,000'' and inserting in lieu
thereof ``$14,600,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at
McConnell Air Force Base, Kansas, for which funds have been
appropriated.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(1), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State Installation or Location Amount
Alabama Maxwell Air Force Base $14,874,000
Alaska Clear Air Station $67,069,000
Eielson Air Force Base $13,764,000
Elmendorf Air Force Base $6,100,000
Indian Mountain $1,991,000
Arizona Luke Air Force Base $10,000,000
Arkansas Little Rock Air Force Base $3,400,000
California Edwards Air Force Base $2,887,000
Vandenberg Air Force Base $26,876,000
Colorado Buckley Air National Guard Base $6,718,000
Falcon Air Force Station $10,551,000
Peterson Air Force Base $4,081,000
United States Air Force Academy $15,229,000
Florida Eglin Auxiliary Field 9 $6,470,000
MacDill Air Force Base $9,643,000
Georgia Moody Air Force Base $6,800,000
Robins Air Force Base $27,763,000
Idaho Mountain Home Air Force Base $30,669,000
Kansas McConnell Air Force Base $14,519,000
Louisiana Barksdale Air Force Base $19,410,000
Mississippi Keesler Air Force Base $30,855,000
Missouri Whiteman Air Force Base $17,419,000
Montana Malmstrom Air Force Base $4,500,000
Nevada Nellis Air Force Base $1,950,000
New Jersey McGuire Air Force Base $18,754,000
New Mexico Kirtland Air Force Base $20,300,000
North Carolina Pope Air Force Base $10,956,000
North Dakota Grand Forks Air Force Base $8,560,000
Minot Air Force Base $5,200,000
Ohio Wright-Patterson Air Force Base $19,350,000
Oklahoma Altus Air Force Base $11,000,000
Tinker Air Force Base $9,655,000
Vance Air Force Base $7,700,000
South Carolina Shaw Air Force Base $6,072,000
South Dakota Ellsworth Air Force Base $6,600,000
Tennessee Arnold Air Force Base $20,650,000
Texas Dyess Air Force Base $10,000,000
Laughlin Air Force Base $4,800,000
Randolph Air Force Base $2,488,000
Utah Hill Air Force Base $6,470,000
Virginia Langley Air Force Base $4,031,000
Washington Fairchild Air Force Base $20,316,000
McChord Air Force Base $6,470,000
CONUS Classified Classified Location $6,175,000
--------------
Total $559,085,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
Country Installation or Location Amount
Germany Spangdahlem Air Base $18,500,000
Italy Aviano Air Base $15,220,000
Korea Kunsan Air Base $10,325,000
Portugal Lajes Field, Azores $4,800,000
United Kingdom Royal Air Force, Lakenheath $11,400,000
Overseas Classified Classified Location $29,100,000
-------------
Total $89,345,000
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
State Installation or Location Purpose Amount
California lEdwards Air Force Base 51 Units $8,500,000
lTravis Air Force Base 70 Units $9,714,000
lVandenberg Air Force Base 108 Units $17,100,000
Delaware lDover Air Force Base lAncillary Facility $831,000
District of Columbia lBolling Air Force Base 46 Units $5,100,000
Florida lMacDill Air Force Base 58 Units $10,000,000
lTyndall Air Force Base 32 Units $4,200,000
Georgia lRobins Air Force Base 60 Units $6,800,000
Idaho lMountain Home Air Force Base 60 Units $11,032,000
Kansas lMcConnell Air Force Base 19 Units $2,951,000
lMcConnell Air Force Base lAncillary Facility $581,000
Mississippi lColumbus Air Force Base 50 Units $6,200,000
lKeesler Air Force Base 40 Units $5,000,000
Montana lMalmstrom Air Force Base 100 Units $17,842,000
New Mexico lKirtland Air Force Base 180 Units $20,900,000
North Dakota lGrand Forks Air Force Base 42 Units $7,936,000
Texas lDyess Air Force Base 70 Units $10,503,000
lGoodfellow Air Force Base 3 Units $500,000
lLackland Air Force Base 50 Units $7,400,000
Wyoming lF. E. Warren Air Force Base 52 Units $6,853,000
--------------
xl Total $159,943,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$11,971,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$123,795,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $1,791,640,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $559,085,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $89,345,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $8,545,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $44,880,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $295,709,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$830,234,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $23,858,000, which represents the combination of project savings
in military construction resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes; and
(2) $12,300,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military construction projects and the support of military family
housing outside the United States.
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
MCCONNELL AIR FORCE BASE, KANSAS, FOR WHICH FUNDS HAVE BEEN
APPROPRIATED.
(a) Authorization.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2771) is amended--
(1) by striking out the amount identified as the total and inserting
in lieu thereof ``$610,534,000''; and
(2) in the amount column of the item relating to McConnell Air Force
Base, Kansas, by striking out ``$19,130,000'' and inserting in lieu
thereof ``$25,830,000''.
(b) Conforming Amendments.--Section 2304(a) of such Act (110 Stat.
2774) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,894,594,000'' and inserting in lieu thereof ``$1,901,294,000'' and
(2) in paragraph (1), by striking out ``$603,834,000'' and inserting
in lieu thereof ``$610,534,000''.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor, Hawaii.
Sec. 2407. Correction in authorized uses of funds, McClellan Air
Force Base, California.
Sec. 2408. Modification of authority to carry out certain fiscal
year 1995 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2405(a)(1), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency Installation or Location Amount
Defense Commissary Agency Fort Lee, Virginia $9,300,000
lDefense Finance and Accounting Service Columbus Center, Ohio $9,722,000
lNaval Air Station, Millington, Tennessee $6,906,000
lNaval Station, Norfolk, Virginia $12,800,000
lNaval Station, Pearl Harbor, Hawaii $10,000,000
Defense Intelligence Agency lBolling Air Force Base, District of Columbia $7,000,000
Redstone Arsenal, Alabama $32,700,000
Defense Logistics Agency lDefense Distribution Depot--DDNV, Virginia $16,656,000
lDefense Distribution New Cumberland--DDSP, Pennsylvania $15,500,000
lDefense Fuel Support Point, Craney Island, Virginia $22,100,000
lDefense General Supply Center, Richmond (DLA), Virginia $5,200,000
lElmendorf Air Force Base, Alaska $21,700,000
lNaval Air Station, Jacksonville, Florida $9,800,000
lTruax Field, Wisconsin $4,500,000
lWestover Air Reserve Base, Massachusetts $4,700,000
lCONUS Various, CONUS Various $11,275,000
lDefense Medical Facilities Office Fort Campbell, Kentucky $13,600,000
Fort Detrick, Maryland $4,650,000
Fort Lewis, Washington $5,000,000
Hill Air Force Base, Utah $3,100,000
lHolloman Air Force Base, New Mexico $3,000,000
lLackland Air Force Base, Texas $3,000,000
lMarine Corps Combat Development Command, Quantico, Virginia $19,000,000
lMcGuire Air Force Base, New Jersey $35,217,000
lNaval Air Station, Pensacola, Florida $2,750,000
lNaval Station, Everett, Washington $7,500,000
lNaval Station, San Diego, California $2,100,000
lNaval Submarine Base, New London, Connecticut $2,300,000
lRobins Air Force Base, Georgia $19,000,000
lWright-Patterson Air Force Base, Ohio $2,750,000
National Security Agency Fort Meade, Maryland $29,700,000
Special Operations Command Eglin Auxiliary Field 9, Florida $8,550,000
Fort Benning, Georgia $12,314,000
Fort Bragg, North Carolina $9,800,000
lMississippi Army Ammunition Plant, Mississippi $9,900,000
lNaval Station, Pearl Harbor, Hawaii $7,400,000
lNaval Amphibious Base, Coronado, California $7,400,000
--------------
Total $407,890,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installation
and location outside the United States, and in the amount, set
forth in the following table:
Defense Agencies: Outside the United States
Agency Installation or Location Amount
Defense Logistics Agency lDefense Fuel Support Point, Guam $16,000,000
-------------
Total $16,000,000
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(13)(A), the Secretary of Defense may
carry out architectural and engineering services and construction design
activities with respect to the construction or improvement of military
family housing units in an amount not to exceed $50,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriation in
section 2405(a)(13)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $4,900,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1997, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments), in the
total amount of $2,743,670,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $407,890,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $16,000,000.
(3) For military construction projects at Anniston Army Depot,
Alabama, ammunition demilitarization facility, authorized by section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1993 (division B of the Public Law 102 484; 106 Stat. 2587), which was
originally authorized as an Army construction project, but which became
a Defense Agencies construction project by reason of the amendments made
by section 142 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337; 108 Stat. 2689), $9,900,000.
(4) For military construction projects at Walter Reed Army Institute
of Research, Maryland, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102 484; 106 Stat. 2599), $20,000,000.
(5) For military construction projects at Umatilla Army Depot,
Oregon, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of the Public Law 103
337; 108 Stat. 3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104 106; 110 Stat. 539) and section 2408(2) of this Act,
$57,427,000.
(6) For military construction projects at Defense Finance and
Accounting Service, Columbus, Ohio, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 1996 (division B
of Public Law 104 106; 110 Stat. 535), $14,200,000.
(7) For military construction projects at Naval Hospital,
Portsmouth, Virginia, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101 189; 103 Stat. 1640),
$17,000,000.
(8) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code, $4,000,000.
(9) For unspecified minor construction projects under section 2805
of title 10, United States Code, $26,075,000.
(10) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $48,850,000.
(11) For energy conservation projects authorized by section 2404,
$25,000,000.
(12) For base closure and realignment activities as authorized by
the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101 510; 10 U.S.C. 2687 note), $2,060,854,000.
(13) For military family housing functions:
(A) For improvement and planning of military family housing and
facilities, $4,950,000.
(B) For support of military housing (including functions described
in section 2833 of title 10, United States Code), $32,724,000 of which
not more than $27,673,000 may be obligated or expended for the leasing
of military family housing units worldwide.
(b) Limitation of Total Cost of Construction
Projects.--Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out under
section 2401 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (13) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$1,200,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military construction
projects and the support of military family housing outside the United
States.
SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO FISCAL YEAR
1997 PROJECT AT NAVAL STATION, PEARL HARBOR, HAWAII.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104
201; 110 Stat. 2775) is amended in the item relating to Special
Operations Command, Naval Station, Ford Island, Pearl Harbor, Hawaii, in
the installation or location column by striking out ``Naval Station,
Ford Island, Pearl Harbor, Hawaii'' and inserting in lieu thereof
``Naval Station, Pearl Harbor, Hawaii''.
SEC. 2407. CORRECTION IN AUTHORIZED USES OF FUNDS, MCCLELLAN
AIR FORCE BASE, CALIFORNIA.
(a) Authority To Use Prior Year Funds.--The Secretary of Defense may
carry out the military construction projects referred to in subsection
(b), in the amounts specified in that subsection, using amounts
appropriated pursuant to the authorization of appropriations in section
2405(a)(1) of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103 337; 108 Stat. 3042) for a
military construction project involving the upgrade of the hospital
facility at McClellan Air Force Base, California, as authorized by
section 2401 of such Act (108 Stat. 3040).
(b) Covered Projects.--Funds available under subsection (a) may be
used for military construction projects as follows:
(1) Construction of an addition to the Aeromedical Clinic at
Anderson Air Base, Guam, $3,700,000.
(2) Construction of an occupational health clinic facility at Tinker
Air Force Base, Oklahoma, $6,500,000.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1995 PROJECTS.
The table in section 2401 of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103 337; 108 Stat.
3040), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104
106; 110 Stat. 539), under the agency heading relating to Chemical
Weapons and Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas, by
striking out ``$115,000,000'' in the amount column and inserting in lieu
thereof ``$134,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by striking
out ``$186,000,000'' in the amount column and inserting in lieu thereof
``$187,000,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1997, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $152,600,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of military construction projects for
which funds have been appropriated.
Sec. 2603. Army Reserve construction project, Camp Williams, Utah.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--There are authorized to be appropriated for fiscal
years beginning after September 30, 1997, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $113,750,000;
and
(B) for the Army Reserve, $66,267,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $47,329,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $190,444,000; and
(B) for the Air Force Reserve, $30,243,000.
(b) Adjustment.--The amount authorized to be appropriated pursuant to
subsection (a)(1)(B) is reduced by $7,900,000, which represents the
combination of project savings in military construction resulting from
favorable bids, reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2602. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS FOR
WHICH FUNDS HAVE BEEN APPROPRIATED.
(a) Army National Guard, Hilo, Hawaii.--Paragraph (1)(A) of section
2601 of the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104 201; 110 Stat. 2780) is amended by
striking out ``$59,194,000'' and inserting in lieu thereof
``$65,094,000'' to account for a project involving additions and
alterations to an Army aviation support facility in Hilo, Hawaii.
(b) Naval and Marine Corps Reserve, New Orleans.--Paragraph (2) of
such section is amended by striking out ``$32,779,000'' and inserting in
lieu thereof ``$37,579,000'' to account for a project for the
construction of a bachelor enlisted quarters at Naval Air Station, New
Orleans, Louisiana.
SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, CAMP WILLIAMS, UTAH.
With regard to the military construction project for the Army Reserve
concerning construction of a reserve center and organizational
maintenance shop at Camp Williams, Utah, to be carried out using funds
appropriated pursuant to the authorization of appropriations in section
2601(a)(1)(B), the Secretary of the Army shall enter into an agreement
with the State of Utah under which the State agrees to provide financial
or in-kind contributions toward land acquisition, site preparation, and
relocation costs in connection with the project.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Extension of availability of funds for construction of
relocatable over-the-horizon radar, Naval Station Roosevelt Roads,
Puerto Rico.
Sec. 2707. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2000; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2001.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2000; or
(2) the date of the enactment of an Act authorizing funds for fiscal
year 2001 for military construction projects, land acquisition, family
housing projects and facilities, or contributions to the North Atlantic
Treaty Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1995 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103 337; 108 Stat. 3046), authorizations for the projects set
forth in the tables in subsection (b), as provided in section 2101,
2201, 2202, 2301, 2302, 2401, or 2601 of such Act, shall remain in
effect until October 1, 1998, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 1999,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1995 Project Authorization
State Installation or location Project Amount
California Fort Irwin lNational Training Center Airfield Phase I $10,000,000
Navy: Extension of 1995 Project Authorizations
State Installation or location Project Amount
Maryland lIndian Head Naval Surface Warfare Center lUpgrade Power Plant $4,000,000
xl lIndian Head Naval Surface Warfare Center lDenitrification/Acid Mixing Facility $6,400,000
Virginia lNorfolk Marine Corps Security Force Battalion Atlantic lBachelor Enlisted Quarters $6,480,000
Washington lNaval Station, Everett lNew Construction (Housing Office) $780,000
CONUS Classified lClassified Location lAircraft Fire and Rescue and Vehicle Maintenance Facilities $2,200,000
Air Force: Extension of 1995 Project Authorizations
State Installation or location Project Amount
California lBeale Air Force Base lConsolidated Support Center $10,400,000
xl lLos Angeles Air Force Station lFamily Housing (50 units) $8,962,000
North Carolina lPope Air Force Base lCombat Control Team Facility $2,450,000
xl lPope Air Force Base lFire Training Facility $1,100,000
Defense Agencies: Extension of 1995 Project Authorizations
State Installation or location Project Amount
Alabama lAnniston Army Depot lCarbon Filtration System $5,000,000
Arkansas lPine Bluff Arsenal lAmmunition Demilitarization Facility $115,000,000
California lDefense Contract Management Area Office, El Segundo lAdministrative Building $5,100,000
Oregon lUmatilla Army Depot lAmmunition Demilitarization Facility $186,000,000
Army National Guard: Extension of 1995 Project Authorizations
State Installation or location Project Amount
California Camp Roberts lModify Record Fire/Maintenance Shop $3,910,000
xl Camp Roberts lCombat Pistol Range $952,000
Pennsylvania lFort Indiantown Gap Barracks $6,200,000
Naval Reserve: Extension of 1995 Project Authorization
State Installation or location Project Amount
Georgia lNaval Air Station Marietta lTraining Center $2,650,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1994 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B of
Public Law 103 160, 107 Stat. 1880), authorizations for the projects set
forth in the tables in subsection (b), as provided in section 2201 or
2601 of such Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2783), shall remain in effect until
October 1, 1998, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1999, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Navy: Extension of 1994 Project Authorizations
State Installation or Location Project Amount
California lCamp Pendleton Marine Corps Base lSewage Facility $7,930,000
Connecticut lNew London Naval Submarine Base lHazardous Waste Transfer Facility $1,450,000
Army National Guard: Extension of 1994 Project Authorization
State Installation or Location Project Amount
New Mexico lWhite Sands Missile Range MATES $3,570,000
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1993 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102 484; 106 Stat. 2602), the authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101
or 2601 of such Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104 106; 110 Stat. 541) and section 2703 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2784), shall remain in effect until
October 1, 1998, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1999, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1993 Project Authorization
State Installation or location Project Amount
Arkansas Pine Bluff Arsenal lAmmunition Demilitarization Support Facility $15,000,000
Army National Guard: Extension of 1993 Project Authorization
State Installation or Location Project Amount
Alabama Union Springs Armory $813,000
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102 190; 105 Stat. 1535), authorizations for the projects set
forth in the table in subsection (b), as provided in section 2101 of
such Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103
337; 108 Stat. 3047), section 2703 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104
106; 110 Stat. 543), and section 2704 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104
201; 110 Stat. 2785), shall remain in effect until October 1, 1998, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 1999, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 1992 Project Authorizations
State Installation or location Project Amount
Oregon Umatilla Army Depot lAmmunition Demilitarization Support Facility $3,600,000
Umatilla Army Depot lAmmunition Demilitarization Utilities $7,500,000
SEC. 2706. EXTENSION OF AVAILABILITY OF FUNDS FOR CONSTRUCTION
OF RELOCATABLE OVER-THE-HORIZON RADAR, NAVAL STATION ROOSEVELT ROADS,
PUERTO RICO.
Amounts appropriated under the heading `` Drug Interdiction and
Counter-Drug Activities, Defense '' in title VI of the Department of
Defense Appropriations Act, 1995 (Public Law 103 335; 108 Stat. 2615),
and transferred to the ``Military Construction, Navy'' appropriation for
construction of a relocatable over-the-horizon radar at Naval Station
Roosevelt Roads, Puerto Rico, shall remain available for that purpose
until the later of--
(1) October 1, 1998; or
(2) the date of enactment of an Act authorizing funds for military
construction for fiscal year 1999.
SEC. 2707. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the
later of--
(1) October 1, 1997; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Use of mobility enhancement funds for unspecified minor
construction.
Sec. 2802. Limitation on use of operation and maintenance funds
for facility repair projects.
Sec. 2803. Leasing of military family housing, United States
Southern Command, Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy
savings and water conservation activities.
Sec. 2805. Congressional notification requirements regarding use
of Department of Defense housing funds for investments in
nongovernmental entities.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Permanent authority regarding conveyance of utility systems.
Sec. 2813. Administrative expenses for certain real property
transactions.
Sec. 2814. Screening of real property to be conveyed by Department
of Defense.
Sec. 2815. Disposition of proceeds from sale of Air Force Plant
78, Brigham City, Utah.
Sec. 2816. Fire protection and hazardous materials protection at
Fort Meade, Maryland.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2821. Consideration of military installations as sites for
new Federal facilities.
Sec. 2822. Adjustment and diversification assistance to enhance
performance of military family support services by private sector
sources.
Sec. 2823. Security, fire protection, and other services at
property formerly associated with Red River Army Depot, Texas.
Sec. 2824. Report on closure and realignment of military installations.
Sec. 2825. Sense of Senate regarding utilization of savings
derived from base closure process.
Sec. 2826. Prohibition against certain conveyances of property at
Naval Station, Long Beach, California.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. [S2820. Land conveyance, Army Reserve Center,
Greensboro, Alabama.
Sec. 2832. [H2831. Land conveyance, James T. Coker Army Reserve
Center, Durant, Oklahoma.
Sec. 2833. Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois.
Sec. 2834. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2835. Land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyances, Fort Bragg, North Carolina.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Depot,
Mineral County, Nevada.
Sec. 2838. Expansion of land conveyance authority, Indiana Army
Ammunition Plant, Charlestown, Indiana.
Sec. 2839. Modification of land conveyance, Lompoc, California.
Sec. 2840. Modification of land conveyance, Rocky Mountain
Arsenal, Colorado.
Sec. 2841. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
PART II--NAVY CONVEYANCES
Sec. 2851. Land conveyance, Topsham Annex, Naval Air Station,
Brunswick, Maine.
Sec. 2852. Land conveyance, Naval Weapons Industrial Reserve Plant
No. 464, Oyster Bay, New York.
Sec. 2853. Correction of lease authority, Naval Air Station,
Meridian, Mississippi.
PART III--AIR FORCE CONVEYANCES
Sec. 2861. [H2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. [H2863. Land conveyance, March Air Force Base, California.
Sec. 2863. [H2864/S2818. Land conveyance, Ellsworth Air Force
Base, South Dakota.
Sec. 2864. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2865. Land conveyance, Havre Air Force Station, Montana, and
Havre Training Site, Montana.
Sec. 2866. Land conveyance, Charleston Family Housing Complex,
Bangor, Maine.
Sec. 2867. Study of land exchange options, Shaw Air Force Base,
South Carolina.
SUBTITLE E--OTHER MATTERS
Sec. 2871. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2872. Long-term lease of property, Naples, Italy.
Sec. 2873. [H2883. Designation of military family housing at
Lackland Air Force Base, Texas, in honor of Frank Tejeda, a former
Member of the House of Representatives.
Sec. 2874. Fiber-optics based telecommunications linkage of
military installations.
Subtitle A--Military Construction Program and Military Family
Housing Changes
SEC. 2801. USE OF MOBILITY ENHANCEMENT FUNDS FOR UNSPECIFIED
MINOR CONSTRUCTION.
(a) Congressional Notification.--Subsection (b)(1) of section 2805 of
title 10, United States Code, is amended by adding at the end the
following new sentence: ``This paragraph shall apply even though the
project is to be carried out using funds made available to enhance the
deployment and mobility of military forces and supplies.''.
(b) Restriction on Use of Operation and Maintenance
Funds.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking out ``paragraph (2)'' and
inserting in lieu thereof ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) The limitations specified in paragraph (1) shall not apply to
an unspecified minor military construction project if the project is to
be carried out using funds made available to enhance the deployment and
mobility of military forces and supplies.''.
(c) Technical Amendments.--Such section is further amended--
(1) in subsection (a)(1)--
(A) by striking out ``minor military construction projects'' in the
first sentence and inserting in lieu thereof ``unspecified minor
military construction projects'';
(B) by striking out ``A minor'' in the second sentence and inserting
in lieu thereof ``An unspecified minor''; and
(C) by striking out ``a minor'' in the last sentence and inserting
in lieu thereof ``an unspecified minor'';
(2) in subsection (b)(1), by striking out ``A minor'' and inserting
in lieu thereof ``An unspecified minor'';
(3) in subsection (b)(2), by striking out ``a minor'' and inserting
in lieu thereof ``an unspecified minor''; and
(4) in subsection (c), by striking out ``unspecified military'' each
place it appears and inserting in lieu thereof ``unspecified minor
military''.
SEC. 2802. LIMITATION ON USE OF OPERATION AND MAINTENANCE
FUNDS FOR FACILITY REPAIR PROJECTS.
Section 2811 of title 10, United States Code, is amended by adding at
the end the following new subsections:
``(d) Congressional Notification.--When a decision is made to carry
out a repair project under this section with an estimated cost in excess
of $10,000,000, the Secretary concerned shall submit to the appropriate
committees of Congress a report containing--
``(1) the justification for the repair project and the current
estimate of the cost of the project; and
``(2) the justification for carrying out the project under this
section.
``(e) Repair Project Defined.--In this section, the term `repair
project' means a project to restore a real property facility, system, or
component to such a condition that it may effectively be used for its
designated functional purpose.''.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING, UNITED STATES
SOUTHERN COMMAND, MIAMI, FLORIDA.
(a) Leases to Exceed Maximum Rental.--Section 2828(b) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking out ``paragraph (3)'' and
inserting in lieu thereof ``paragraphs (3) and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
``(4) The Secretary of the Army may lease not more than eight housing
units in the vicinity of Miami, Florida, for key and essential
personnel, as designated by the Secretary, for the United States
Southern Command for which the expenditure for the rental of such units
(including the cost of utilities, maintenance, and operation, including
security enhancements) exceeds the expenditure limitations in paragraphs
(2) and (3). The total amount for all leases under this paragraph may
not exceed $280,000 per year, and no lease on any individual housing
unit may exceed $60,000 per year.''.
(b) Conforming Amendment.--Paragraph (5) of such section, as
redesignated by subsection (a)(2), is amended by striking out
``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''.
SEC. 2804. USE OF FINANCIAL INCENTIVES PROVIDED AS PART OF
ENERGY SAVINGS AND WATER CONSERVATION ACTIVITIES.
(a) Energy Savings.--Section 2865 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``and financial incentives
described in subsection (d)(2)'';
(B) in paragraph (2), by striking out ``section 2866(b)'' both
places it appears and inserting in lieu thereof ``section 2866(a)(3)'';
and
(C) by adding at the end the following new paragraph:
``(3) Financial incentives received from gas or electric utilities
under subsection (d)(2), and from utilities for management of water
demand or water conservation under section 2866(a)(2) of this title,
shall be credited to an appropriation designated by the Secretary of
Defense. Amounts so credited shall be merged with the appropriation to
which credited and shall be available for the same purposes and the same
period as the appropriation with which merged.''; and
(2) in subsection (f), by adding at the end the following new
sentence: ``The Secretary shall also include in each report the types
and amount of financial incentives received under subsection (d)(2) and
section 2866(a)(2) of this title during the period covered by the report
and the appropriation account or accounts to which the incentives were
credited.''.
(b) Water Conservation.--Section 2866(b) of such title is amended to
read as follows:
``(b) Use of Financial Incentives and Water Cost Savings.--(1)
Financial incentives received under subsection (a)(2) shall be used as
provided in section 2865(b)(3) of this title.
``(2) Water cost savings realized under subsection (a)(3) shall be
used as provided in section 2865(b)(2) of this title.''.
SEC. 2805. CONGRESSIONAL NOTIFICATION REQUIREMENTS REGARDING
USE OF DEPARTMENT OF DEFENSE HOUSING FUNDS FOR INVESTMENTS IN
NONGOVERNMENTAL ENTITIES.
Section 2875 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(e) Congressional Notification Required.-- Amounts in the
Department of Defense Family Housing Improvement Fund or the Department
of Defense Military Unaccompanied Housing Improvement Fund may be used
to make a cash investment under this section in a nongovernmental entity
only after the end of the 30-day period beginning on the date the
Secretary of Defense submits written notice of, and justification for,
the investment to the appropriate committees of Congress.''.
Subtitle B--Real Property And Facilities Administration
SEC. 2811. INCREASE IN CEILING FOR MINOR LAND ACQUISITION PROJECTS.
(a) Increase.--Section 2672 of title 10, United States Code, is
amended by striking out ``$200,000'' both places it appears in
subsection (a) and inserting in lieu thereof ``$500,000''.
(b) Clerical Amendments.--(1) The section heading for such section is
amended to read as follows:
``2672. Acquisition: interests in land when cost is not more
than $500,000''.
(2) The table of sections at the beginning of chapter 159 of such
title is amended by striking out the item relating to section 2672 and
inserting in lieu thereof the following new item:
``2672. Acquisition: interests in land when cost is not more than
$500,000.''.
SEC. 2812. PERMANENT AUTHORITY REGARDING CONVEYANCE OF UTILITY SYSTEMS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2687 the following new section:
``2688. Utility systems: conveyance authority
``(a) Conveyance Authority.--The Secretary of a military department
may convey a utility system, or part of a utility system, under the
jurisdiction of the Secretary to a municipal, private, regional,
district, or cooperative utility company or other entity. The conveyance
may consist of all right, title, and interest of the United States in
the utility system or such lesser estate as the Secretary considers
appropriate to serve the interests of the United States.
``(b) Selection of Conveyee.--If more than one utility or entity
referred to in subsection (a) notifies the Secretary concerned of an
interest in a conveyance under such subsection, the Secretary shall
carry out the conveyance through the use of competitive procedures.
``(c) Consideration.--(1) The Secretary concerned shall require as
consideration for a conveyance under subsection (a) an amount equal to
the fair market value (as determined by the Secretary) of the right,
title, or interest of the United States conveyed. The consideration may
take the form of--
``(A) a lump sum payment; or
``(B) a reduction in charges for utility services provided by the
utility or entity concerned to the military installation at which the
utility system is located.
``(2) If the utility services proposed to be provided as
consideration under paragraph (1) are subject to regulation by a Federal
or State agency, any reduction in the rate charged for the utility
services shall be subject to establishment or approval by that agency.
``(d) Treatment of Payments.--(1) A lump sum payment received under
subsection (c) shall be credited, at the election of the Secretary
concerned--
``(A) to an appropriation of the military department concerned
available for the procurement of the same utility services as are
provided by the utility system conveyed under this section;
``(B) to an appropriation of the military department available for
carrying out energy savings projects or water conservation projects; or
``(C) to an appropriation of the military department available for
improvements to other utility systems.
``(2) Amounts so credited shall be merged with funds in the
appropriation to which credited and shall be available for the same
purposes, and subject to the same conditions and limitations, as the
appropriation with which merged.
``(e) Notice-and-Wait Requirement.--The Secretary concerned may not
make a conveyance under subsection (a) until--
``(1) the Secretary submits to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations of the House of
Representatives an economic analysis (based upon accepted life-cycle
costing procedures approved by the Secretary of Defense) demonstrating
that--
``(A) the long-term economic benefit of the conveyance to the United
States exceeds the long-term economic cost of the conveyance to the
United States; and
``(B) the conveyance will reduce the long-term costs of the United
States for utility services provided by the utility system concerned;
and
``(2) a period of 21 days has elapsed after the date on which the
economic analysis is received by the committees.
``(f) Additional Terms and Conditions.--The Secretary concerned may
require such additional terms and conditions in connection with a
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
``(g) Utility System Defined.--(1) In this section, the term `utility
system' means any of the following:
``(A) A system for the generation and supply of electric power.
``(B) A system for the treatment or supply of water.
``(C) A system for the collection or treatment of wastewater.
``(D) A system for the generation or supply of steam, hot water, and
chilled water.
``(E) A system for the supply of natural gas.
``(F) A system for the transmission of telecommunications.
``(2) The term `utility system' includes the following:
``(A) Equipment, fixtures, structures, and other improvements
utilized in connection with a system referred to in paragraph (1).
``(B) Easements and rights-of-ways associated with a system referred
to in that paragraph.
``(h) Limitation.--This section shall not apply to projects
constructed or operated by the Army Corps of Engineers under its civil
works authorities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2687 the following new item:
``2688. Utility systems: conveyance authority.''.
SEC. 2813. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY
TRANSACTIONS.
(a) Acceptance Authorized.--Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new section:
``2695. Acceptance of funds to cover administrative expenses
relating to certain real property transactions
``(a) Authority To Accept.--In connection with a real property
transaction referred to in subsection (b) with a non-Federal person or
entity, the Secretary of a military department may accept amounts
provided by the person or entity to cover administrative expenses
incurred by the Secretary in entering into the transaction.
``(b) Covered Transactions.--Subsection (a) applies to the following
transactions:
``(1) The exchange of real property.
``(2) The grant of an easement over, in, or upon real property of
the United States.
``(3) The lease or license of real property of the United States.
``(c) Use of Amounts Collected.--Amounts collected under subsection
(a) for administrative expenses shall be credited to the appropriation,
fund, or account from which the expenses were paid. Amounts so credited
shall be merged with funds in such appropriation, fund, or account and
shall be available for the same purposes and subject to the same
limitations as the funds with which merged.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of such title is amended by adding at the end the following
new item:
``2695. Acceptance of funds to cover administrative expenses
relating to certain real property transactions.''.
SEC. 2814. SCREENING OF REAL PROPERTY TO BE CONVEYED BY
DEPARTMENT OF DEFENSE.
(a) Requirement.--(1) Chapter 159 of title 10, United States Code, is
amended by inserting after section 2695, as added by section 2813, the
following new section:
``2696. Screening of real property for further Federal use
before conveyance
``(a) Screening Requirement.--The Secretary concerned may not convey
real property that is authorized or required to be conveyed, whether for
or without consideration, by any provision of law unless the
Administrator of General Services has screened the property for further
Federal use in accordance with the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
``(b) Time for Screening.--(1) Before the end of the 30-day period
beginning on the date of the enactment of a provision of law authorizing
or requiring the conveyance of a parcel of real property by the
Secretary concerned, the Administrator of General Services shall
complete the screening required by paragraph (1) with regard to the real
property and notify the Secretary concerned of the results of the
screening. The notice shall include--
``(A) the name of the Federal agency requesting transfer of the
property;
``(B) the proposed use to be made of the property by the Federal
agency; and
``(C) the fair market value of the property, including any
improvements thereon, as estimated by the Administrator.
``(2) If the Administrator fails to complete the screening and notify
the Secretary concerned within such period, the Secretary concerned
shall proceed with the conveyance of the real property as provided in
the provision of law authorizing or requiring the conveyance.
``(c) Notice of Further Federal Use.--If the Administrator of General
Services notifies the Secretary concerned under subsection (b) that
further Federal use of a parcel of real property authorized or required
to be conveyed by any provision of law is requested by a Federal agency,
the Secretary concerned shall submit a copy of the notice to Congress.
``(d) Congressional Disapproval .--If the Secretary concerned submits
a notice under subsection (c) with regard to a parcel of real property,
the Secretary concerned may not proceed with the conveyance of the real
property as provided in the provision of law authorizing or requiring
the conveyance if Congress enacts a law rescinding the conveyance
authority or requirement before the end of the 180-day period beginning
on the date on which the Secretary concerned submits the notice.
``(e) Excepted Conveyance Authorities.--The screening requirements of
this section shall not apply to real property authorized or required to
be conveyed under any of the following provisions of law:
``(1) Section 2687 of this title.
``(2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687 note).
``(3) The Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101 510; 10 U.S.C. 2687 note).
``(4) Any provision of law authorizing the closure or realignment of
a military installation that is enacted after the date of enactment of
the National Defense Authorization Act for Fiscal Year 1998.
``(5) Title II of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 481 et seq.).
``(6) Any specific provision of law authorizing or requiring the
transfer of administrative jurisdiction over a parcel of real property
between Federal agencies.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2695, as added by
section 2813, the following new item:
``2696. Screening of real property for further Federal use before
conveyance.''.
(b) Applicability.--Section 2696 of title 10, United States Code, as
added by subsection (a) of this section, shall apply with respect to any
real property authorized or required to be conveyed under a provision of
law covered by such section that is enacted after December 31, 1997.
SEC. 2815. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT
NO. 78, BRIGHAM CITY, UTAH.
Notwithstanding section 204(h)(2)(A) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)(A)), the entire
amount deposited by the Administrator of General Services in the special
account in the Treasury (established under section 204(h)(2) of such
Act) as a result of the sale of Air Force Plant No. 78, Brigham City,
Utah, shall be available, to the extent provided in appropriations Acts,
to the Secretary of the Air Force for facility maintenance, facility
repair, and environmental restoration at other industrial plants of the
Air Force.
SEC. 2816. FIRE PROTECTION AND HAZARDOUS MATERIALS PROTECTION
AT FORT MEADE, MARYLAND.
(a) Plan.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the congressional
defense committees a plan to address the requirements for fire
protection services and hazardous materials protection services at Fort
Meade, Maryland, including the National Security Agency at Fort Meade,
as identified in the preparedness evaluation report of the Army Corps of
Engineers regarding Fort Meade.
(b) Elements.--The plan shall include the following:
(1) A schedule for the implementation of the plan.
(2) A detailed list of funding options available to provide
centrally located, modern facilities and equipment to meet current
requirements for fire protection services and hazardous materials
protection services at Fort Meade.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONSIDERATION OF MILITARY INSTALLATIONS AS SITES
FOR NEW FEDERAL FACILITIES.
(a) 1988 Law.--Section 204(b)(5) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100 526; 10
U.S.C. 2687 note) is amended--
(1) in subparagraph (A), by striking out ``subparagraph (B)'' and
inserting in lieu thereof ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Before acquiring non-Federal real property as the location
for a new or replacement Federal facility of any type, the head of the
Federal agency acquiring the property shall consult with the Secretary
regarding the feasibility and cost advantages of using Federal property
or facilities at a military installation closed or realigned or to be
closed or realigned under this title as the location for the new or
replacement facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head of the
Federal agency involved shall obtain the concurrence of the
redevelopment authority with respect to the installation and comply with
the redevelopment plan for the installation.
``(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal facility, the
head of the Federal agency acquiring the property shall submit to
Congress a report containing the results of the
consultation under clause (i) and the reasons why military
installations referred to in such clause that are located within the
area to be served by the new or replacement Federal facility or within a
200-mile radius of the new or replacement facility, whichever area is
greater, were considered to be unsuitable or unavailable for the site of
the new or replacement facility.
``(iii) This subparagraph shall apply during the period beginning on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998 and ending on July 31, 2001.''.
(b) 1990 Law.--Section 2905(b)(5) of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101 510; 10 U.S.C. 2687 note) is
amended--
(1) in subparagraph (A), by striking out ``subparagraph (B)'' and
inserting in lieu thereof ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Before acquiring non-Federal real property as the location
for a new or replacement Federal facility of any type, the head of the
Federal agency acquiring the property shall consult with the Secretary
regarding the feasibility and cost advantages of using Federal property
or facilities at a military installation closed or realigned or to be
closed or realigned under this part as the location for the new or
replacement facility. In considering the availability and suitability of
a specific military installation, the Secretary and the head of the
Federal agency involved shall obtain the concurrence of the
redevelopment authority with respect to the installation and comply with
the redevelopment plan for the installation.
``(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal facility, the
head of the Federal agency acquiring the property shall submit to
Congress a report containing the results of the consultation under
clause (i) and the reasons why military installations referred to in
such clause that are located within the area to be served by the new or
replacement Federal facility or within a 200-mile radius of the new or
replacement facility, whichever area is greater, were considered to be
unsuitable or unavailable for the site of the new or replacement
facility.
``(iii) This subparagraph shall apply during the period beginning on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998 and ending on July 31, 2001.''.
SEC. 2822. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE TO
ENHANCE PERFORMANCE OF MILITARY FAMILY SUPPORT SERVICES BY PRIVATE
SECTOR SOURCES.
Section 2391(b)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds in order to
assist a State or local government in enhancing the capabilities of the
government to support efforts of the Department of Defense to privatize,
contract for, or diversify the performance of military family support
services in cases in which the capability of the Department to provide
such services is adversely affected by an action described in paragraph
(1).''.
SEC. 2823. SECURITY, FIRE PROTECTION, AND OTHER SERVICES AT
PROPERTY FORMERLY ASSOCIATED WITH RED RIVER ARMY DEPOT, TEXAS.
(a) Authority To Enter into Agreement.--(1) The Secretary of the Army
may enter into an agreement with the local redevelopment authority for
Red River Army Depot, Texas, under which agreement the Secretary
provides security services, fire protection services, or hazardous
material response services for the authority with respect to the
property at the depot that is under the jurisdiction of the authority as
a result of the realignment of the depot under the base closure laws.
(2) The Secretary may not enter into the agreement unless the
Secretary determines that the provision of services under the agreement
is in the best interests of the United States.
(b) Reimbursement.--The agreement under subsection (a) shall provide
for reimbursing the Secretary for the services provided by the Secretary
under the agreement.
(c) Treatment of Reimbursement.--Any amounts received by the
Secretary under subsection (b) as reimbursement for services provided
under the agreement entered into under subsection (a) shall be credited
to the appropriations providing funds for the services. Amounts so
credited shall be merged with the appropriations to which credited and
shall be available for the purposes, and subject to the conditions and
limitations, for which such appropriations are available.
SEC. 2824. REPORT ON CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.
(a) Report.--(1) The Secretary of Defense shall prepare and submit to
the congressional defense committees a report on the costs and savings
attributable to the rounds of base closures and realignments conducted
under the base closure laws and on the need, if any, for additional
rounds of base closures and realignments.
(2) For purposes of this section, the term ``base closure laws''
means--
(A) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687 note);
and
(B) the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101 510; 10 U.S.C. 2687 note).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A statement, using data consistent with budget data, of the
actual costs and savings (to the extent available for prior fiscal
years) and the estimated costs and savings (in the case of future fiscal
years) attributable to the closure and realignment of military
installations as a result of the base closure laws.
(2) A comparison, set forth by base closure round, of the actual
costs and savings stated under paragraph (1) to the estimates of costs
and savings submitted to the Defense Base Closure and Realignment
Commission as part of the base closure process.
(3) A comparison, set forth by base closure round, of the actual
costs and savings stated under paragraph (1) to the annual estimates of
costs and savings previously submitted to Congress.
(4) A list of each military installation at which there is
authorized to be employed 300 or more civilian personnel, set forth by
Armed Force.
(5) An estimate of current excess capacity at military
installations, set forth--
(A) as a percentage of the total capacity of the military
installations of the Armed Forces with respect to all military
installations of the Armed Forces;
(B) as a percentage of the total capacity of the military
installations of each Armed Force with respect to the military
installations of such Armed Force; and
(C) as a percentage of the total capacity of a type of military
installations with respect to military installations of such type.
(6) An assessment of the effect of the previous base closure rounds
on military capabilities and the ability of the Armed Forces to fulfill
the National Military Strategy.
(7) A description of the types of military installations that would
be recommended for closure or realignment in the event of one or more
additional base closure rounds, set forth by Armed Force.
(8) The criteria to be used by the Secretary in evaluating military
installations for closure or realignment in such event.
(9) The methodologies to be used by the Secretary in identifying
military installations for closure or realignment in such event.
(10) An estimate of the costs and savings that the Secretary
believes will be achieved as a result of the closure
or realignment of military installations in such event, set
forth by Armed Force and by year.
(11) An assessment of whether the costs and estimated savings from
one or more future rounds of base closures and realignments, currently
unauthorized, are already contained in the current Future Years Defense
Plan, and, if not, whether the Secretary will recommend modifications in
future defense spending in order to accommodate such costs and savings.
(c) Method of Presenting Information.--The statement and comparison
required by paragraphs (1) and (2) of subsection (b) shall be set forth
by Armed Force, type of facility, and fiscal year, and include the
following:
(1) Operation and maintenance costs, including costs associated with
expanded operations and support, maintenance of property, administrative
support, and allowances for housing at military installations to which
functions are transferred as a result of the closure or realignment of
other installations.
(2) Military construction costs, including costs associated with
rehabilitating, expanding, and constructing facilities to receive
personnel and equipment that are transferred to military installations
as a result of the closure or realignment of other installations.
(3) Environmental cleanup costs, including costs associated with
assessments and restoration.
(4) Economic assistance costs, including--
(A) expenditures on Department of Defense demonstration projects
relating to economic assistance;
(B) expenditures by the Office of Economic Adjustment; and
(C) to the extent available, expenditures by the Economic
Development Administration, the Federal Aviation Administration, and the
Department of Labor relating to economic assistance.
(5) To the extent information is available, unemployment
compensation costs, early retirement benefits (including benefits paid
under section 5597 of title 5, United States Code), and worker
retraining expenses under the Priority Placement Program, the Job
Training Partnership Act, and any other Federally-funded job training
program.
(6) Costs associated with military health care.
(7) Savings attributable to changes in military force structure.
(8) Savings due to lower support costs with respect to military
installations that are closed or realigned.
(d) Deadline.--The Secretary shall submit the report under subsection
(a) not later than the date on which the President submits to Congress
the budget for fiscal year 2000 under section 1105(a) of title 31,
United States Code.
(e) Review.--The Congressional Budget Office and the Comptroller
General shall conduct a review of the report prepared under subsection
(a).
(f) Prohibition on Use of Funds.--Except as necessary to prepare the
report required subsection (a), no funds authorized to be appropriated
or otherwise made available to the Department of Defense by this Act or
any other Act may be used for the purposes of planning for, or
collecting data in anticipation of, an authorization providing for
procedures under which the closure and realignment of military
installations may be accomplished, until the later of--
(1) the date on which the Secretary submits the report required by
subsection (a); and
(2) the date on which the Congressional Budget Office and the
Comptroller General complete a review of the report under subsection
(e).
(g) Sense of Congress.--It is the sense of the Congress that--
(1) the Secretary should develop a system having the capacity to
quantify the actual costs and savings attributable to the closure and
realignment of military installations pursuant to the base closure
process; and
(2) the Secretary should develop the system in expedient fashion, so
that the system may be used to quantify
costs and savings attributable to the 1995 base closure round.
SEC. 2825. SENSE OF SENATE REGARDING UTILIZATION OF SAVINGS
DERIVED FROM BASE CLOSURE PROCESS.
(a) Findings.--The Senate makes the following findings:
(1) Since 1988, the Department of Defense has conducted four rounds
of closures and realignments of military installations in the United
States, resulting in the closure of 97 installations.
(2) The cost of carrying out the closure or realignment of
installations covered by such rounds is estimated by the Secretary of
Defense to be $23,000,000,000.
(3) The savings expected as a result of the closure or realignment
of such installations are estimated by the Secretary to be
$10,300,000,000 through fiscal year 1996 and $36,600,000,000 through
2001.
(4) In addition to such savings, the Secretary has estimated
recurring savings as a result of the closure or realignment of such
installations of approximately $5,600,000,000 annually.
(5) The fiscal year 1997 budget request for the Department assumed a
savings of between $2,000,000,000 and $3,000,000,000 as a result of the
closure or realignment of such installations, which savings were to be
dedicated to the modernization of the Armed Forces. The savings assumed
in the budget request were not realized.
(6) The fiscal year 1998 budget request for the Department assumes a
savings of $5,000,000,000 as a result of the closure or realignment of
such installations, which savings are to be dedicated to the
modernization of the Armed Forces.
(b) Sense of Senate on Use of Savings Resulting from Base Closure
Process.--It is the sense of the Senate that the savings identified in
the report under section 2824 should be made available to the Department
of Defense solely for purposes of the modernization of new weapon
systems (including research, development, test, and evaluation relating
to such modernization) and should be used by the Department solely for
such purposes.
SEC. 2826. PROHIBITION AGAINST CERTAIN CONVEYANCES OF PROPERTY
AT NAVAL STATION, LONG BEACH, CALIFORNIA.
(a) Prohibition Against Direct Conveyance.--In disposing of real
property in connection with the closure of Naval Station, Long Beach,
California, under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101 510; 10 U.S.C. 2687 note), the
Secretary of the Navy may not convey any portion of the property (by
sale, lease, or other method) to the China Ocean Shipping Company or any
legal successor or subsidiary of that Company (in this section referred
to as ``COSCO'').
(b) Prohibition Against Indirect Conveyance.--The Secretary of the
Navy shall impose as a condition on each conveyance of real property
located at Naval Station, Long Beach, California, the requirement that
the property may not be subsequently conveyed (by sale, lease, or other
method) to COSCO.
(c) Reversionary Interest.--If the Secretary of the Navy determines
at any time that real property located at Naval Station, Long Beach,
California, and conveyed under the Defense Base Closure and Realignment
Act of 1990 has been conveyed to COSCO in violation of subsection (b) or
is otherwise being used by COSCO in violation of such subsection, all
right, title, and interest in and to the property shall revert to the
United States, and the United States shall have immediate right of entry
thereon.
(d) National Security Report and Determination.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense and the Director of the Federal Bureau of Investigation shall
separately submit to the President and the congressional defense
committees a report regarding the potential national security
implications of conveying property described in subsection (a) to COSCO.
Each report shall specifically identify any increased risk of espionage,
arms smuggling, or other illegal activities that could result
from a conveyance to COSCO and recommend appropriate action to address
any such risk.
(e) Waiver Authority.--(1) The President may waive the prohibitions
contained in this section with respect to a conveyance of property
described in subsection (a) to COSCO if the President determines that--
(A) appropriate action has been taken to address any increased
national security risk identified in the reports required by subsection
(d); and
(B) the conveyance would not adversely affect national security or
significantly increase the counter-intelligence burden on the
intelligence community.
(2) Any waiver under paragraph (1) shall take effect 30 days after
the date on which the President notifies the Speaker of the House of
Representatives and the President of the Senate of the President's
determination to use the waiver authority provided under this
subsection.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Hale County, Alabama, all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 5.17 acres and located at the Army Reserve
Center, Greensboro, Alabama, that was conveyed by Hale County, Alabama,
to the United States by warranty deed dated September 12, 1988.
(b) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be as
described in the deed referred to in that subsection.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. LAND CONVEYANCE, JAMES T. COKER ARMY RESERVE
CENTER, DURANT, OKLAHOMA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Big Five Community Services, Incorporated, a
nonprofit organization operating in Durant, Oklahoma, all right, title,
and interest of the United States in and to a parcel of real property
located at 1500 North First Street in Durant, Oklahoma, and containing
the James T. Coker Army Reserve Center, if the Secretary determines that
the Reserve Center is excess to the needs of the Armed Forces.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that Big Five Community
Services, Incorporated, retain the conveyed property for educational
purposes.
(c) Reversion.--If the Secretary determines at any time that the real
property conveyed under subsection (a) is not being used for the purpose
specified in subsection (b), all right, title, and interest in and to
the real property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by Big Five Community Services, Incorporated.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2833. LAND CONVEYANCE, GIBSON ARMY RESERVE CENTER,
CHICAGO, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Lawndale
Business and Local Development Corporation (in this section
referred to as the ``Corporation''), a nonprofit organization organized
in the State of Illinois, all right, title, and interest of the United
States in and to a parcel of real property, including improvements
thereon, that is located at 4454 West Cermak Road in Chicago, Illinois,
and contains the Gibson Army Reserve Center.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Corporation--
(1) use the conveyed property, directly or through an agreement with
a public or private entity, for economic redevelopment purposes; or
(2) convey the property to an appropriate public or private entity
for use for such purposes.
(c) Reversion.--If the Secretary determines at any time that the real
property conveyed under subsection (a) is not being used for economic
redevelopment purposes, as required by subsection (b), all right, title,
and interest in and to the property, including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Corporation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2834. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
Caroline County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of unimproved real property consisting of approximately 10
acres located at Fort A. P. Hill, Virginia. The purpose of the
conveyance is to permit the County to establish a solid waste transfer
and recycling facility on the property.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the County shall permit the Army, at no cost to the
Army, to dispose of not less than 1,800 tons of solid waste annually at
the facility established on the conveyed property. The obligation of the
County to accept solid waste under this subsection shall not commerce
until after the solid waste transfer and recycling facility on the
conveyed property becomes operational, and the establishment of a solid
waste collection and transfer site on the .36-acre parcel described in
subsection (d)(2) shall not be construed to impose the obligation.
(c) Disclaimer.--The United States shall not be responsible for the
provision or cost of utilities or any other improvements necessary to
carry out the conveyance under subsection (a) or to establish or operate
the solid waste transfer and recycling facility intended for the
property.
(d) Reversion.--(1) Except as provided in paragraph (2), if the
Secretary determines that a solid waste transfer and recycling facility
is not operational, before December 31, 1999, on the real property
conveyed under subsection (a), all right, title, and interest in and to
such real property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) Paragraph (1) shall not apply with respect to a parcel of
approximately .36 acres of the approximately 10-acre parcel to be
conveyed under subsection (a), which is included in the larger
conveyance to permit the County to establish a solid waste collection
and transfer site for residential waste.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2835. LAND CONVEYANCES, FORT DIX, NEW JERSEY.
(a) Conveyances Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the Borough of Wrightstown, New Jersey
(in this section referred to as the ``Borough''), all right, title, and
interest of the United States in and to a parcel of real property
(including improvements thereon) consisting of approximately 39.69 acres
located at Fort Dix, New Jersey, for the purpose of permitting the
Borough to develop the parcel for economic purposes.
(2) The Secretary may convey, without consideration, to the New
Hanover Board of Education (in this section referred to as the
``Board''), all right, title, and interest of the United States in and
to an additional parcel of real property (including improvements
thereon) at Fort Dix consisting of approximately five acres for the
purpose of permitting the Board to develop the parcel for educational
purposes.
(b) Conditions of Conveyance.--(1) The conveyance under subsection
(a)(1) shall be subject to the condition that the Borough--
(A) use the conveyed property, directly or through an agreement with
a public or private entity, for economic development purposes; or
(B) convey the property to an appropriate public or private entity
for use for such purposes.
(2) The conveyance under subsection (a)(2) shall be subject to the
condition that Board develop and use the conveyed property for
educational purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the
real property conveyed under subsection (a)(1) is not being used for
economic development purposes, as required by subsection (b)(1), all
right, title, and interest in and to the property conveyed under
subsection (a)(1), including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(2) If the Secretary determines at any time that the real property
conveyed under subsection (a)(2) is not being used for educational
purposes, as required by subsection (b)(2), all right, title, and
interest in and to the property conveyed under subsection (a)(2),
including any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry thereon.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by surveys satisfactory to the Secretary. The cost of the
survey in connection with the conveyance under subsection (a)(1) shall
be borne by the Borough, and the cost of the survey in connection with
the conveyance under subsection (a)(2) shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2836. LAND CONVEYANCES, FORT BRAGG, NORTH CAROLINA.
(a) Conveyances Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the Town of Spring Lake, North
Carolina (in this section referred to as the ``Town''), all right,
title, and interest of the United States in and to a parcel of
unimproved real property consisting of approximately 50 acres located at
Fort Bragg, North Carolina.
(2) The Secretary may convey, without consideration, to Harnett
County, North Carolina (in this section referred to as the ``County''),
all right, title, and interest of the United States in and to a parcel
of real property (including improvements thereon), known as Tract No.
404 2, consisting of approximately 157 acres located at Fort Bragg.
(3) The Secretary may convey, at fair market value, to the County all
right, title, and interest of the United States in and to a parcel of
real property (including improvements thereon), known as Tract No. 404
1, consisting of approximately 137 acres located at Fort Bragg.
(b) Conditions of Conveyance.--(1) The conveyance under subsection
(a)(1) shall be subject to the condition that the Town use the conveyed
property for access to a waste treatment facility and for economic
development purposes.
(2) The conveyance under subsection (a)(2) shall be subject to the
condition that County develop and use the conveyed property for
educational purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the
real property conveyed under subsection (a)(1) is not being used in
accordance with subsection (b)(1), all right, title, and interest in and
to the property conveyed under subsection (a)(1), including any
improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry thereon.
(2) If the Secretary determines at any time that the real property
conveyed under subsection (a)(2) is not being used in accordance with
subsection (b)(2), all right, title, and interest in and to the property
conveyed under subsection (a)(2), including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry thereon.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by surveys satisfactory to the Secretary. The cost of the
survey in connection with the conveyance under subsection (a)(1) shall
be borne by the Town, and the cost of the survey in connection with the
conveyances under paragraphs (2) and (3) of subsection (a) shall be
borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION DEPOT,
MINERAL COUNTY, NEVADA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Mineral County, Nevada (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of excess real property, including
improvements thereon, consisting of approximately 33.1 acres located at
Hawthorne Army Ammunition Depot, Mineral County, Nevada, and commonly
referred to as the Schweer Drive Housing Area, for the purpose of
permitting the County to develop the parcel for economic purposes.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the County accept the conveyed property subject to such
easements and rights of way in favor of the United States as the
Secretary considers appropriate.
(2) That the County, if the County sells any portion of the property
conveyed under subsection (a) before the end of the 10-year period
beginning on the date of enactment of this Act, pay to the United States
an amount equal to the lesser of--
(A) the amount of sale of the property sold; or
(B) the fair market value of the property sold as determined without
taking into account any improvements to such property by the County.
(c) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a), and of any
easement or right of way granted under subsection (b)(1), shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the County.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a), and any easement or right of way granted under
subsection (b)(1), as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2838. EXPANSION OF LAND CONVEYANCE AUTHORITY, INDIANA
ARMY AMMUNITION PLANT, CHARLESTOWN, INDIANA.
(a) Additional Conveyance.--Subsection (a) of section 2858 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104
106; 110 Stat. 571) is amended--
(1) by inserting ``(1)'' before ``The Secretary of the Army''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may also convey to the State, without
consideration, an additional parcel of real property at the Indiana Army
Ammunition Plant consisting of approximately 500 acres located along the
Ohio River.''.
(b) Conforming Amendments.--Such section is further amended by
striking out ``conveyance'' both places it appears in subsections (b)
and (d) and inserting in lieu thereof ``conveyances''.
SEC. 2839. MODIFICATION OF LAND CONVEYANCE, LOMPOC, CALIFORNIA.
(a) Change in Authorized Uses of Land.--Section 834(b)(1) of the
Military Construction Authorization Act, 1985 (Public Law 98 407; 98
Stat. 1526), is amended by striking out subparagraphs (A) and (B) and
inserting in lieu thereof the following new subparagraphs:
``(A) for educational and recreational purposes;
``(B) for open space; or''.
(b) Conforming Deed Changes.--With respect to the land conveyance
made pursuant to section 834 of the Military Construction Authorization
Act, 1985, the Secretary of the Army shall execute and file in the
appropriate office or offices an amended deed or other appropriate
instrument effectuating the changes to the authorized uses of the
conveyed property resulting from the amendment made by subsection (a).
SEC. 2840. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN
ARSENAL, COLORADO.
Section 5(c)(1) of Public Law 102 402 (106 Stat. 1966; 16 U.S.C.
668dd note) is amended by striking out the second sentence and inserting
in lieu thereof the following new sentence: ``The Administrator shall
convey the transferred property to Commerce City, Colorado, for
consideration in an amount equal to the fair market value of the
property (as determined jointly by the Administrator and the City).''.
SEC. 2841. CORRECTION OF LAND CONVEYANCE AUTHORITY, ARMY
RESERVE CENTER, ANDERSON, SOUTH CAROLINA.
(a) Correction of Conveyee.--Subsection (a) of section 2824 of the
Military Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104 201; 110 Stat. 2793) is amended by striking out
``County of Anderson, South Carolina (in this section referred to as the
`County')'' and inserting in lieu thereof ``Board of Education, Anderson
County, South Carolina (in this section referred to as the `Board')''.
(b) Conforming Amendments.--Subsections (b) and (c) of such section
are each amended by striking out ``the County'' and inserting in lieu
thereof ``the Board''.
PART II--NAVY CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL AIR STATION,
BRUNSWICK, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the Maine School Administrative District No.
75, Topsham, Maine (in this section referred to as the ``District''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 40 acres located at the Topsham Annex, Naval Air Station,
Brunswick, Maine.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the District use the conveyed
property for educational purposes.
(c) Reversion.--If the Secretary determines at any time that the real
property conveyed under subsection (a) is not being used for the purpose
specified in subsection (b), all right, title, and interest in and to
the property, including any improvements thereon, shall revert to the
United States, and the United States shall have the right of immediate
entry thereon.
(d) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may lease
the property, together with the improvements thereon, to the District.
(2) As consideration for the lease under this subsection, the
District shall provide such security services for the property covered
by the lease, and carry out such maintenance work with respect to the
property, as the Secretary shall specify in the lease.
(e) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the District.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a), and the lease, if any, under subsection (d), as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2852. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT NO. 464, OYSTER BAY, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may convey,
without consideration, to the County of Nassau, New York (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to parcels of real property consisting of
approximately 110 acres and comprising the Naval Weapons Industrial
Reserve Plant No. 464, Oyster Bay, New York.
(2)(A) As part of the conveyance authorized in paragraph (1), the
Secretary may convey to the County such improvements, equipment,
fixtures, and other personal property (including special tooling
equipment and special test equipment) located on the parcels as the
Secretary determines to be not required by the Navy for other purposes.
(B) The Secretary may permit the County to review and inspect the
improvements, equipment, fixtures, and other personal property located
on the parcels for purposes of the conveyance authorized by this
paragraph.
(b) Condition of Conveyance.--The conveyance of the parcels
authorized in subsection (a) shall be subject to the condition that the
County--
(1) use the parcels, directly or through an agreement with a public
or private entity, for economic redevelopment purposes or such other
public purposes as the County determines appropriate; or
(2) convey the parcels to an appropriate public or private entity
for use for such purposes.
(c) Reversion.--If, during the five-year period beginning on the date
the Secretary makes the conveyance authorized under subsection (a), the
Secretary determines that the conveyed real property is not being used
for a purpose specified in subsection (b), all right, title, and
interest in and to the property, including any improvements thereon,
shall revert to the United States, and the United States shall have the
right of immediate entry onto the property.
(d) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may lease
the property, together with improvements thereon, to the County.
(2) As consideration for the lease under this subsection, the County
shall provide such security services and fire protection services for
the property covered by the lease, and carry out such maintenance work
with respect to the property, as the Secretary shall specify in the
lease.
(e) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the County.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a), and the lease, if any, under subsection (d), as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2853. CORRECTION OF LEASE AUTHORITY, NAVAL AIR STATION,
MERIDIAN, MISSISSIPPI.
(a) Correction of Lessee.--Subsection (a) of section 2837 of the
Military Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104 201; 110 Stat. 2798) is amended--
(1) by striking out ``State of Mississippi (in this section referred
to as the `State')'' and inserting in lieu thereof ``County of
Lauderdale, Mississippi (in this section referred to as the `County')'';
and
(2) by striking out ``The State'' and inserting in lieu thereof
``The County''.
(b) Conforming Amendments.--Subsections (b) and (c) of such section
are amended by striking out ``State'' each place it appears and
inserting in lieu thereof ``County''.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND TRANSFER, EGLIN AIR FORCE BASE, FLORIDA.
(a) Transfer.--The real property withdrawn by Executive Order 4525,
dated October 1, 1826, which consists of approximately 440 acres of land
at Cape San Blas, Gulf County, Florida, and any improvements thereon, is
transferred from the administrative jurisdiction of the Secretary of
Transportation to the administrative jurisdiction of the Secretary of
the Air Force, without reimbursement. Executive Order 4525 is revoked,
and the transferred real property shall be administered by the Secretary
of the Air Force pursuant to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) and such other laws as may
be applicable to Federal real property.
(b) Use of Property.--The real property transferred under subsection
(a) may be used in conjunction with operations at Eglin Air Force Base,
Florida.
(c) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Air Force.
The cost of the survey shall be borne by the Secretary of the Air Force.
SEC. 2862. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to Air Force Village West, Incorporated (in this section referred
to as the ``Corporation''), of Riverside, California, all right, title,
and interest of the United States in and to a parcel of real property
located at March Air Force Base, California, and consisting of
approximately 75 acres, as more fully described in subsection (c).
(2) If the Secretary does not make the conveyance authorized by
paragraph (1) to the Corporation on or before January 1, 2006, the
Secretary shall convey the real property instead to the March Joint
Powers Authority, the redevelopment authority established for March Air
Force Base.
(b) Consideration.--As consideration for the conveyance under
subsection (a)(1), the Corporation shall pay to the United States an
amount equal to the fair market value of the real property, as
determined by the Secretary.
(c) Land Description.--The real property to be conveyed under
subsection (a) is contiguous to land conveyed to the Corporation
pursuant to section 835 of the Military Construction Authorization Act,
1985 (Public Law 98 407; 98 Stat. 1527), and lies within sections 27,
28, 33, and 34 of Township 3 South, Range 4 West, San Bernardino Base
and Meridian, County of Riverside, California. The exact acreage and
legal description of the real property shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the party receiving the property.
(d) Technical Corrections Regarding Previous Conveyance.--Section 835
of the Military Construction Authorization Act, 1985 (Public Law 98 407;
98 Stat. 1527), is amended--
(1) in subsection (b), by striking out ``subsection (b)'' and
inserting in lieu thereof ``subsection (a)''; and
(2) in subsection (c), by striking out ``Clark Street,'' and all
that follows through the period and inserting in lieu thereof ``Village
West Drive, on the west by Allen Avenue, on the south by 8th Street, and
the north is an extension of 11th Street between Allen Avenue and Clark
Street.''.
SEC. 2863. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Greater Box Elder Area Economic
Development Corporation, Box Elder, South Dakota (in this section
referred to as the ``Corporation''), all right, title, and interest of
the United States in and to the parcels of real property located at
Ellsworth Air Force Base, South Dakota, referred to in subsection (b).
(b) Covered Property.--(1) Subject to paragraph (2), the real
property referred to in subsection (a) is the following:
(A) A parcel of real property, together with any improvements
thereon, consisting of approximately 53.32 acres and comprising the
Skyway Military Family Housing Area.
(B) A parcel of real property, together with any improvements
thereon, consisting of approximately 137.56 acres and comprising the
Renal Heights Military Family Housing Area.
(C) A parcel of real property, together with any improvements
thereon, consisting of approximately 14.92 acres and comprising the East
Nike Military Family Housing Area.
(D) A parcel of real property, together with any improvements
thereon, consisting of approximately 14.69 acres and comprising the
South Nike Military Family Housing Area.
(E) A parcel of real property, together with any improvements
thereon, consisting of approximately 14.85 acres and comprising the West
Nike Military Family Housing Area.
(2) The real property referred to in subsection (a) does not include
the portion of real property referred to in paragraph (1)(B) that the
Secretary determines to be required for the construction of an access
road between the main gate of Ellsworth Air Force Base and an
interchange on Interstate Route 90 located in the vicinity of mile
marker 67 in South Dakota.
(c) Conditions of Conveyance.--The conveyance of the real property
referred to in subsection (b) shall be subject to the following
conditions:
(1) That the Corporation, and any person or entity to which the
Corporation transfers the property, comply in the use of the property
with the applicable provisions of the Ellsworth Air Force Base Air
Installation Compatible Use Zone Study.
(2) That the Corporation convey a portion of the real property
referred to in subsection (b)(1)(A), together with any improvements
thereon, consisting of approximately 20 acres to the Douglas School
District, South Dakota, for use for education purposes.
(d) Reversion.--If the Secretary determines that any portion of the
real property conveyed under subsection (a) is not being used in
accordance with the applicable provision of subsection (c), all right,
title, and interest in and to that portion of the real property
(including any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry thereon.
(e) Legal Description.--The exact acreage and legal description of
the property to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary. The cost of the survey shall be
borne by the Corporation.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2864. LAND CONVEYANCE, HANCOCK FIELD, SYRACUSE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to Onondaga County, New York (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 14.9 acres and located
at Hancock Field, Syracuse, New York, the site of facilities no longer
required for use by the 152nd Air Control Group of the New York Air
National Guard.
(2) If, at the time of the conveyance authorized by paragraph (1),
the property to be conveyed is under the jurisdiction of the
Administrator of General Services rather than the Secretary, the
Administrator shall make the conveyance.
(b) Condition of Conveyance.--The conveyance authorized by subsection
(a) shall be subject to the condition that the County use the property
conveyed for economic development purposes.
(c) Reversion.--If the Secretary (or the Administrator in the event
the conveyance is made by the Administrator) determines at any time that
the property conveyed pursuant to this section is not being used for the
purposes specified in subsection (b), all right, title, and interest in
and to the property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry thereon.
(d) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary (or the Administrator in the
event the conveyance is made by the Administrator). The cost of the
survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary (or the
Administrator in the event the conveyance is made by the Administrator)
may require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary or the Administrator,
as the case may be, considers appropriate to protect the interests of
the United States.
SEC. 2865. LAND CONVEYANCE, HAVRE AIR FORCE STATION, MONTANA,
AND HAVRE TRAINING SITE, MONTANA.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to the Bear Paw Development Corporation,
Havre, Montana (in this section referred to as the ``Corporation''),
all, right, title, and interest of the United States in and to the real
property described in paragraph (2).
(2) The authority in paragraph (1) applies to the following real
property:
(A) A parcel of real property, including any improvements thereon,
consisting of approximately 85 acres and comprising the Havre Air Force
Station, Montana.
(B) A parcel of real property, including any improvements thereon,
consisting of approximately 9 acres and comprising the Havre Training
Site, Montana.
(b) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the following conditions:
(1) That the Corporation--
(A) convey to the Box Elder School District 13G, Montana, 10
single-family homes located on the property to be conveyed under that
subsection as jointly agreed upon by the Corporation and the school
district; and
(B) grant the school district access to the property for purposes of
removing the homes from the property.
(2) That the Corporation--
(A) convey to the Hays/Lodgepole School District 50, Montana--
(i) 27 single-family homes located on the property to be conveyed
under that subsection as jointly agreed upon by the Corporation and the
school district;
(ii) one barracks housing unit located on the property;
(iii) two steel buildings (nos. 7 and 8) located on the property;
(iv) two tin buildings (nos. 37 and 44) located on the property; and
(v) miscellaneous personal property located on the property that is
associated with the buildings conveyed under this subparagraph; and
(B) grant the school district access to the property for purposes of
removing such homes and buildings, the housing unit, and such personal
property from the property.
(3) That the Corporation--
(A) convey to the District 4 Human Resources Development Council,
Montana, eight single-family homes located on the property to be
conveyed under that subsection as jointly agreed upon by the Corporation
and the council; and
(B) grant the council access to the property for purposes of
removing such homes from the property.
(4) That any property conveyed under subsection (a) that is not
conveyed under this subsection be used for economic development purposes
or housing purposes.
(c) Reversion.--If the Secretary determines at any time that the
portion of the property conveyed under subsection (a) which is covered
by the condition specified in subsection (b)(4) is not being used for
the purposes specified in that subsection, all right, title, and
interest in and to such property, including any improvements thereon,
shall revert to the United States,
and the United States shall have the right of immediate entry thereon.
(d) Description of Property.--The exact acreages and legal
description of the parcels of property to be conveyed under subsection
(a) shall be determined by surveys satisfactory to the Secretary. The
cost of the surveys shall be borne by the Corporation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2866. LAND CONVEYANCE, CHARLESTON FAMILY HOUSING COMPLEX,
BANGOR, MAINE.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the City of Bangor, Maine (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property consisting of
approximately 19.8 acres, including improvements thereon, located in
Bangor, Maine, and known as the Charleston Family Housing Complex.
(b) Purpose of Conveyance.--The purpose of the conveyance under
subsection (a) is to facilitate the reuse of the real property,
currently unoccupied, which the City proposes to use to provide housing
opportunities for first-time home buyers.
(c) Condition of Conveyance.--The conveyance authorized by subsection
(a) shall be subject to the condition that the City, if the City sells
any portion of the property conveyed under subsection (a) before the end
of the 10-year period beginning on the date of enactment of this Act,
pay to the United States an amount equal to the lesser of--
(1) the amount of sale of the property sold; or
(2) the fair market value of the property sold as determined without
taking into account any improvements to such property by the City.
(d) Description of Property.--The exact acreage and legal description
of the real property conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2867. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR FORCE
BASE, SOUTH CAROLINA.
Section 2874 of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104 106; 110 Stat. 583) is
amended by adding at the end the following new subsection:
``(g) Study of Exchange Options.--To facilitate the use of a land
exchange to acquire the real property described in subsection (a), the
Secretary shall conduct a study to identify real property in the
possession of the Air Force (located in the State of South Carolina or
elsewhere) that satisfies the requirements of subsection (b)(2), is
acceptable to the party holding the property to be acquired, and is
otherwise suitable for exchange under this section. Not later than three
months after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998, the Secretary shall submit to
Congress a report containing the results of the study.''.
Subtitle E--Other Matters
SEC. 2871. REPEAL OF REQUIREMENT TO OPERATE NAVAL ACADEMY DAIRY FARM.
(a) Operation.--(1) Chapter 603 of title 10, United States Code, is
amended by adding at the end the following new section:
``6976. Operation of Naval Academy dairy farm
``(a) Discretion Regarding Continued Operation.--(1) Subject to
paragraph (2), the Secretary of the Navy may terminate or reduce the
dairy or other operations conducted at the Naval Academy dairy farm
located in Gambrills, Maryland.
``(2) Notwithstanding the termination or reduction of operations at
the Naval Academy dairy farm under paragraph
(1), the real property containing the dairy farm (consisting
of approximately 875 acres)--
``(A) may not be declared to be excess real property to the needs of
the Navy or transferred or otherwise disposed of by the Navy or any
Federal agency; and
``(B) shall be maintained in its rural and agricultural nature.
``(b) Lease Authority.--(1) Subject to paragraph (2), to the extent
that the termination or reduction of operations at the Naval Academy
dairy farm permit, the Secretary of the Navy may lease the real property
containing the dairy farm, and any improvements and personal property
thereon, to such persons and under such terms as the Secretary considers
appropriate. In leasing any of the property, the Secretary may give a
preference to persons who will continue dairy operations on the
property.
``(2) Any lease of property at the Naval Academy dairy farm shall be
subject to a condition that the lessee maintain the rural and
agricultural nature of the leased property.
``(c) Effect of Other Laws.--Nothing in section 6971 of this title
shall be construed to require the Secretary of the Navy or the
Superintendent of the Naval Academy to operate a dairy farm for the
Naval Academy in Gambrills, Maryland, or any other location.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``6976. Operation of Naval Academy dairy farm.''.
(b) Conforming Repeal of Existing Requirements.--Section 810 of the
Military Construction Authorization Act, 1968 (Public Law 90 110; 81
Stat. 309), is repealed.
(c) Other Conforming Amendments.--(1) Section 6971(b)(5) of title 10,
United States Code, is amended by inserting ``(if any)'' before the
period at the end.
(2) Section 2105(b) of title 5, United States Code, is amended by
inserting ``(if any)'' after ``Academy dairy''.
SEC. 2872. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY.
(a) Authority.--Subject to subsection (d), the Secretary of the Navy
may acquire by long-term lease structures and real property relating to
a regional hospital complex in Naples, Italy, that the Secretary
determines to be necessary for purposes of the Naples Improvement
Initiative.
(b) Lease Term.--Notwithstanding section 2675 of title 10, United
States Code, the lease authorized by subsection (a) shall be for a term
of not more than 20 years.
(c) Expiration of Authority.--The authority of the Secretary to enter
into a lease under subsection (a) shall expire on September 30, 2002.
(d) Authority Contingent on Appropriations Acts.--The authority of
the Secretary to enter into a lease under subsection (a) is available
only to the extent or in the amount provided in advance in
appropriations Acts.
SEC. 2873. DESIGNATION OF MILITARY FAMILY HOUSING AT LACKLAND
AIR FORCE BASE, TEXAS, IN HONOR OF FRANK TEJEDA, A FORMER MEMBER OF THE
HOUSE OF REPRESENTATIVES.
The military family housing developments to be constructed at two
locations on Government property at Lackland Air Force Base, Texas,
under the authority of subchapter IV of chapter 169 of title 10, United
States Code, shall be designated by the Secretary of the Air Force, at
an appropriate time, as follows:
(1) The eastern development shall be designated as ``Frank Tejeda
Estates East''.
(2) The western development shall be designated as ``Frank Tejeda
Estates West''.
SEC. 2874. FIBER-OPTICS BASED TELECOMMUNICATIONS LINKAGE OF
MILITARY INSTALLATIONS.
(a) Installation Required.--In at least one metropolitan area of the
United States containing multiple military installations of one or more
military departments or Defense Agencies, the Secretary of Defense shall
provide for the installation of fiber-optics based telecommunications
technology to link as many of the installations in the area as
practicable in a telecommunications network. The Secretary shall use a
full and open competitive process, consistent with section 2304 of title
10, United States Code, to provide for the installation of the
telecommunications network through one or more new contracts.
(b) Features of Network.--The telecommunications network shall
provide direct access to local and long distance telephone carriers,
allow for transmission of both classified and unclassified information,
and take advantage of the various capabilities of fiber-optics based
telecommunications technology.
(c) Time for Request for Bids or Proposals.--Not later than March 30,
1998, the Secretary of Defense shall release a final request for bids or
proposals to provide the telecommunications network or networks
described in subsection (a).
(d) Report on Implementation.--Not later than December 31, 1998, the
Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of subsection (c), including
the metropolitan area or areas selected for the installation of a
fiber-optics based telecommunications network, the current
telecommunication costs for the Department of Defense in the selected
area or areas, the estimated cost of the fiber-optics based network, and
potential areas for the future use of fiber-optics based networks.
TITLE XXIX--SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources
management plans.
Sec. 2906. Transfer of wildlife conservation fees from closed
military installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Sikes Act Improvement Act of 1997''.
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF AMENDMENTS.
In this title, the term ``Sikes Act'' means the Act entitled ``An Act
to promote effectual planning, development, maintenance, and
coordination of wildlife, fish, and game conservation and rehabilitation
in military reservations'', approved September 15, 1960 (16 U.S.C. 670a
et seq.), commonly referred to as the ``Sikes Act''.
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting before
title I the following new section:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sikes Act'.''.
SEC. 2904. PREPARATION OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.
(a) In General.--Section 101 of the Sikes Act (16 U.S.C. 670a(a)) is
amended by striking out subsection (a) and inserting in lieu thereof the
following new subsection:
``(a) Authority of Secretary of Defense.--
``(1) Program.--
``(A) In general.--The Secretary of Defense shall carry out a
program to provide for the conservation and rehabilitation of natural
resources on military installations.
``(B) Integrated natural resources management plan.--To facilitate
the program, the Secretary of each military department shall prepare and
implement an integrated natural resources management plan for each
military installation in the United States under the jurisdiction of the
Secretary, unless the Secretary determines that the absence of
significant natural resources on a particular installation makes
preparation of such a plan inappropriate.
``(2) Cooperative preparation.--The Secretary of a military
department shall prepare each integrated natural resources management
plan for which the Secretary is responsible in cooperation with the
Secretary of the Interior, acting through the Director of the United
States Fish and Wildlife Service, and the head of each appropriate State
fish and wildlife agency for the State in which the military
installation concerned is located. Consistent with paragraph (4), the
resulting plan for the military installation shall reflect the mutual
agreement of the parties concerning conservation, protection, and
management of fish and wildlife resources.
``(3) Purposes of program.--Consistent with the use of military
installations to ensure the preparedness of the Armed Forces, the
Secretaries of the military departments shall carry out the program
required by this subsection to provide for--
``(A) the conservation and rehabilitation of natural resources on
military installations;
``(B) the sustainable multipurpose use of the resources, which shall
include hunting, fishing, trapping, and nonconsumptive uses; and
``(C) subject to safety requirements and military security, public
access to military installations to facilitate the use.
``(4) Effect on other law.--Nothing in this title--
``(A)(i) affects any provision of a Federal law governing the
conservation or protection of fish and wildlife resources; or
``(ii) enlarges or diminishes the responsibility and authority of
any State for the protection and management of fish and resident
wildlife; or
``(B) except as specifically provided in the other provisions of
this section and in section 102, authorizes the Secretary of a military
department to require a Federal license or permit to hunt, fish, or trap
on a military installation.''.
(b) Conforming Amendments.--Title I of the Sikes Act is amended--
(1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by striking out
``cooperative plan'' each place it appears and inserting in lieu thereof
``integrated natural resources management plan'';
(2) in section 101(c) (16 U.S.C. 670a(c)), in the matter preceding
paragraph (1), by striking out ``a cooperative plan'' and inserting in
lieu thereof ``an integrated natural resources management plan'';
(3) in section 101(d) (16 U.S.C. 670a(d)), in the matter preceding
paragraph (1), by striking out ``cooperative plans'' and inserting in
lieu thereof ``integrated natural resources management plans'';
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking out
``Cooperative plans'' and inserting in lieu thereof ``Integrated natural
resources management plans'';
(5) in section 102 (16 U.S.C. 670b), by striking out ``a cooperative
plan'' and inserting in lieu thereof ``an integrated natural resources
management plan'';
(6) in section 103 (16 U.S.C. 670c), by striking out ``a cooperative
plan'' and inserting in lieu thereof ``an integrated natural resources
management plan'';
(7) in section 106(a) (16 U.S.C. 670f(a)), by striking out
``cooperative plans'' and inserting in lieu thereof ``integrated natural
resources management plans''; and
(8) in section 106(c) (16 U.S.C. 670f(c)), by striking out
``cooperative plans'' and inserting in lieu thereof ``integrated natural
resources management plans''.
(c) Required Elements of Plans.--Section 101(b) of the Sikes Act (16
U.S.C. 670a(b)) is amended--
(1) by striking out ``(b) Each cooperative'' and all that follows
through the end of paragraph (1) and inserting in lieu thereof the
following:
``(b) Required Elements of Plans.--Consistent with the use of
military installations to ensure the preparedness of the Armed Forces,
each integrated natural resources management plan prepared under
subsection (a)--
``(1) shall, to the extent appropriate and applicable, provide for--
``(A) fish and wildlife management, land management, forest
management, and fish- and wildlife-oriented recreation;
``(B) fish and wildlife habitat enhancement or modifications;
``(C) wetland protection, enhancement, and restoration, where
necessary for support of fish, wildlife, or plants;
``(D) integration of, and consistency among, the various activities
conducted under the plan;
``(E) establishment of specific natural resource management goals
and objectives and time frames for proposed action;
``(F) sustainable use by the public of natural resources to the
extent that the use is not inconsistent with the needs of fish and
wildlife resources;
``(G) public access to the military installation that is necessary
or appropriate for the use described in subparagraph (F), subject to
requirements necessary to ensure safety and military security;
``(H) enforcement of applicable natural resource laws (including
regulations);
``(I) no net loss in the capability of military installation lands
to support the military mission of the installation; and
``(J) such other activities as the Secretary of the military
department determines appropriate;'';
(2) in paragraph (2), by adding ``and'' at the end;
(3) by striking out paragraph (3);
(4) by redesignating paragraph (4) as paragraph (3); and
(5) in paragraph (3)(A) (as so redesignated), by striking out
``collect the fees therefor,'' and inserting in lieu thereof ``collect,
spend, administer, and account for fees for the permits,''.
SEC. 2905. REVIEW FOR PREPARATION OF INTEGRATED NATURAL
RESOURCES MANAGEMENT PLANS.
(a) Definitions.--In this section, the terms ``military
installation'' and ``United States'' have the meanings provided in
section 100 of the Sikes Act (as added by section 2911).
(b) Review of Military Installations.--
(1) Review.--Not later than 270 days after the date of enactment of
this Act, the Secretary of each military department shall--
(A) review each military installation in the United States that is
under the jurisdiction of that Secretary to determine the military
installations for which the preparation of an integrated natural
resources management plan under section 101 of the Sikes Act (as amended
by this title) is appropriate; and
(B) submit to the Secretary of Defense a report on the determinations.
(2) Report to congress.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the reviews conducted under paragraph (1). The report shall
include--
(A) a list of the military installations reviewed under paragraph
(1) for which the Secretary of the appropriate military department
determines that the preparation of an integrated natural resources
management plan is not appropriate; and
(B) for each of the military installations listed under subparagraph
(A), an explanation of each reason such a plan is not appropriate.
(c) Deadline for Integrated Natural Resources Management Plans.--Not
later than three years after the date of the submission of the report
required under subsection (b)(2), the Secretary of each military
department shall, for each military installation with respect to which
the Secretary has not determined under subsection (b)(2)(A) that
preparation of an integrated natural resources management plan is not
appropriate--
(1) prepare and begin implementing such a plan in accordance with
section 101(a) of the Sikes Act (as amended by this title); or
(2) in the case of a military installation for which there is in
effect a cooperative plan under section 101(a) of the Sikes Act on the
day before the date of enactment of this Act, complete negotiations with
the Secretary of the Interior and the heads of the appropriate State
agencies regarding changes to the plan that are necessary for the plan
to constitute an integrated natural resources management plan that
complies with that section, as amended by this title.
(d) Public Comment.--The Secretary of each military department shall
provide an opportunity for the submission of public comments on--
(1) integrated natural resources management plans proposed under
subsection (c)(1); and
(2) changes to cooperative plans proposed under subsection (c)(2).
SEC. 2906. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED
MILITARY INSTALLATIONS.
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as
redesignated by section 2904(c)(4)) is amended by inserting before the
period at the end the following: ``, unless the military installation is
subsequently closed, in which case the fees may be transferred to
another military installation to be used for the same purposes''.
SEC. 2907. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by adding at
the end the following new subsection:
``(f) Reviews and Reports.--
``(1) Secretary of defense.--Not later than March 1 of each year,
the Secretary of Defense shall review the extent to which integrated
natural resources management plans were prepared or were in effect and
implemented in accordance with this title in the preceding year, and
submit a report on the findings of the review to the committees. Each
report shall include--
``(A) the number of integrated natural resources management plans in
effect in the year covered by the report, including the date on which
each plan was issued in final form or most recently revised;
``(B) the amounts expended on conservation activities conducted
pursuant to the plans in the year covered by the report; and
``(C) an assessment of the extent to which the plans comply with
this title.
``(2) Secretary of the interior.--Not later than March 1 of each
year and in consultation with the heads of State fish and wildlife
agencies, the Secretary of the Interior shall submit a report to the
committees on the amounts expended by the Department of the Interior and
the State fish and wildlife agencies in the year covered by the report
on conservation activities conducted pursuant to integrated natural
resources management plans.
``(3) Definition of committees.--In this subsection, the term
`committees' means--
``(A) the Committee on Resources and the Committee on National
Security of the House of Representatives; and
``(B) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate.''.
SEC. 2908 COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c 1) is amended--
(1) in subsection (a), by striking out ``Secretary of Defense'' and
inserting in lieu thereof ``Secretary of a military department'';
(2) by striking out subsection (b) and inserting in lieu thereof the
following new subsection:
``(b) Multiyear Agreements.--Funds appropriated to the Department of
Defense for a fiscal year may be obligated to cover the cost of goods
and services provided under a cooperative agreement entered into under
subsection (a) or through an agency agreement under section 1535 of
title 31, United States Code, during any 18-month period beginning in
that fiscal year, without regard to whether the agreement crosses fiscal
years.''.
SEC. 2909. FEDERAL ENFORCEMENT.
Title I of the Sikes Act is amended--
(1) by redesignating section 106 (16 U.S.C. 670f) as section 108; and
(2) by inserting after section 105 (16 U.S.C. 670e) the following
new section:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the management of natural resources on
Federal land may be enforced by the Secretary of Defense with respect to
violations of the laws that occur on military installations within the
United States.''.
SEC. 2910. NATURAL RESOURCES MANAGEMENT SERVICES.
Title I of the Sikes Act is amended by inserting after section 106
(as added by section 2909) the following new section:
``SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES.
``To the extent practicable using available resources, the Secretary
of each military department shall ensure that sufficient numbers of
professionally trained natural resources management personnel and
natural resources law enforcement personnel are available and assigned
responsibility to perform tasks necessary to carry out this title,
including the preparation and implementation of integrated natural
resources management plans.''.
SEC. 2911. DEFINITIONS.
Title I of the Sikes Act is amended by inserting before section 101
(16 U.S.C. 670a) the following new section:
``SEC. 100. DEFINITIONS.
``In this title:
``(1) Military installation.--The term `military installation'--
``(A) means any land or interest in land owned by the United States
and administered by the Secretary of Defense or the Secretary of a
military department, except land under the jurisdiction of the Assistant
Secretary of the Army having responsibility for civil works;
``(B) includes all public lands withdrawn from all forms of
appropriation under public land laws and reserved for use by the
Secretary of Defense or the Secretary of a military department; and
``(C) does not include any land described in subparagraph (A) or (B)
that is subject to an approved recommendation for closure under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101 510; 10 U.S.C. 2687 note).
``(2) State fish and wildlife agency.--The term `State fish and
wildlife agency' means the one or more agencies of State government that
are responsible under State law for managing fish or wildlife resources.
``(3) United states.--The term `United States' means the States, the
District of Columbia, and the territories and possessions of the United
States.''.
SEC. 2912. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law 99 561; 16
U.S.C. 670a 1), is repealed.
SEC. 2913. TECHNICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title, is amended--
(1) in the heading for the title, by striking out ``MILITARY
RESERVATIONS'' and inserting in lieu thereof ``MILITARY INSTALLATIONS'';
(2) in section 101(b)(3) (16 U.S.C. 670a(b)(3)), as redesignated by
section 2904(c)(4)--
(A) in subparagraph (A), by striking out ``the reservation'' and
inserting in lieu thereof ``the installation''; and
(B) in subparagraph (B), by striking out ``the military
reservation'' and inserting in lieu thereof ``the military
installation'';
(3) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1), by striking out ``a military reservation'' and
inserting in lieu thereof ``a military installation''; and
(B) in paragraph (2), by striking out ``the reservation'' and
inserting in lieu thereof ``the installation'';
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking ``the Federal
Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)''
and inserting ``chapter 63 of title 31, United States Code'';
(5) in section 102 (16 U.S.C. 670b), by striking out ``military
reservations'' and inserting in lieu thereof ``military installations'';
and
(6) in section 103 (16 U.S.C. 670c)--
(A) by striking out ``military reservations'' and inserting in lieu
thereof ``military installations''; and
(B) by striking out ``such reservations'' and inserting in lieu
thereof ``the installations''.
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Conservation Programs on Military Installations.--Subsections (b)
and (c) of section 108 of the Sikes Act (as redesignated by section
2909(1)) are each amended by striking out ``1983'' and all that follows
through ``1993,'' and inserting in lieu thereof ``1998 through 2003,''.
(b) Conservation Programs on Public Lands.--Section 209 of the Sikes
Act (16 U.S.C. 670o) is amended--
(1) in subsection (a), by striking out ``the sum of $10,000,000''
and all that follows through ``to enable the Secretary of the Interior''
and inserting in lieu thereof ``$4,000,000 for each of fiscal years 1998
through 2003, to enable the Secretary of the Interior''; and
(2) in subsection (b), by striking out ``the sum of $12,000,000''
and all that follows through ``to enable the Secretary of Agriculture''
and inserting in lieu thereof ``$5,000,000 for each of fiscal years 1998
through 2003, to enable the Secretary of Agriculture''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of
the Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Memorandum of understanding for use of national
laboratories for ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear
fuel rods and other legacy nuclear materials at the Savannah River Site.
Sec. 3137. Limitations on use of funds for laboratory directed
research and development purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal
or utilization of certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to
appointment of certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear
weapons tests.
Sec. 3141. Limitation on use of certain funds until future use
plans are submitted.
SUBTITLE D--OTHER MATTERS
Sec. 3151. Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile.
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of
workforce restructuring plans.
Sec. 3154. Report and plan for external oversight of national
laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain
foreign nations.
Sec. 3158. Transfers of real property at certain Department of
Energy facilities.
Sec. 3159. Requirement to delegate certain authorities to site
manager of Hanford Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security
functions at nuclear weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining
United States Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community
assistance obligations with respect to Los Alamos National Laboratory,
New Mexico.
Sec. 3166. Sense of Congress regarding the Y 12 Plant in Oak
Ridge, Tennessee.
Sec. 3167. Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites
Remedial Action Program.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,867,150,000, to be
allocated as follows:
(1) For core stockpile stewardship, $1,387,100,000, to be allocated
as follows:
(A) For operation and maintenance, $1,288,290,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $98,810,000, to be allocated as follows:
Project 97 D 102, dual-axis radiographic hydrotest facility, Los
Alamos National Laboratory, Los Alamos, New Mexico, $46,300,000.
Project 96 D 102, stockpile stewardship facilities revitalization,
Phase VI, various locations, $19,810,000.
Project 96 D 103, ATLAS, Los Alamos National Laboratory, Los Alamos,
New Mexico, $13,400,000.
Project 96 D 105, contained firing facility addition, Lawrence
Livermore National Laboratory, Livermore, California, $19,300,000.
(2) For inertial fusion, $414,800,000, to be allocated as follows:
(A) For operation and maintenance, $217,000,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, and modification of
facilities, and land acquisition related thereto), $197,800,000, to be
allocated as follows:
Project 96 D 111, national ignition facility, location to be
determined, $197,800,000.
(3) For technology transfer and education, $65,250,000, to be
allocated as follows:
(A) For technology transfer, $56,250,000.
(B) For education, $9,000,000.
(b) Stockpile Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
stockpile management in carrying out weapons activities necessary for
national security programs in the amount of $2,052,150,000, to be
allocated as follows:
(1) For operation and maintenance, $1,891,265,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $160,885,000, to be allocated as follows:
Project 98 D 123, stockpile management restructuring initiative,
tritium factory modernization and consolidation, Savannah River Site,
Aiken, South Carolina, $11,000,000.
Project 98 D 124, stockpile management restructuring initiative, Y
12 Plant consolidation, Oak Ridge, Tennessee, $6,450,000.
Project 98 D 125, tritium extraction facility, Savannah River Site,
Aiken, South Carolina, $9,650,000.
Project 98 D 126, accelerator production of tritium, various
locations, $67,865,000.
Project 97 D 122, nuclear materials storage facility renovation, Los
Alamos National Laboratory, Los Alamos, New Mexico, $9,200,000.
Project 97 D 124, steam plant wastewater treatment facility upgrade,
Y 12 Plant, Oak Ridge, Tennessee, $1,900,000.
Project 96 D 122, sewage treatment quality upgrade (STQU), Pantex
Plant, Amarillo, Texas, $6,900,000.
Project 96 D 123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y 12 Plant, Oak Ridge,
Tennessee, $2,700,000.
Project 95 D 102, chemistry and metallurgy research (CMR) upgrades
project, Los Alamos National Laboratory, Los Alamos, New Mexico,
$5,000,000.
Project 95 D 122, sanitary sewer upgrade, Y 12 Plant, Oak Ridge,
Tennessee, $12,600,000.
Project 94 D 124, hydrogen fluoride supply system, Y 12 Plant, Oak
Ridge, Tennessee, $1,400,000.
Project 94 D 125, upgrade life safety, Kansas City Plant, Kansas
City, Missouri, $2,000,000.
Project 93 D 122, life safety upgrades, Y 12 Plant, Oak Ridge,
Tennessee, $2,100,000.
Project 92 D 126, replace emergency notification system, various
locations, $3,200,000.
Project 88 D 122, facilities capability assurance program, various
locations, $18,920,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out weapons activities necessary for
national security programs in the amount of $250,000,000.
(d) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (c) reduced by $22,608,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
environmental restoration in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $1,010,973,000, of which $388,000,000 shall be allocated
to the uranium enrichment decontamination and decommissioning fund.
(b) Defense Environmental Management Closure Projects.--Funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1998 for closure projects in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $875,000,000, to be allocated as
follows:
Project 98 CLR 1, Rocky Flats Closure Site, Denver, Colorado,
$648,400,000.
Project 98 CLR 2, Fernald Environmental Management Project, Fernald,
Ohio, $226,600,000.
(c) Waste Management.--Funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1998 for waste management in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,571,644,000, to be allocated as follows:
(1) For operation and maintenance, $1,490,876,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $80,768,000, to be allocated as follows:
Project 98 D 401, H-tank farm storm water systems upgrade, Savannah
River Site, Aiken, South Carolina, $1,000,000.
Project 97 D 402, tank farm restoration and safe operations,
Richland, Washington, $13,961,000.
Project 96 D 408, waste management upgrades, various locations,
$8,200,000.
Project 95 D 402, install permanent electrical service, Waste
Isolation Pilot Plant, Carlsbad, New Mexico, $176,000.
Project 95 D 405, industrial landfill V and construction/demolition
landfill VII, Y 12 Plant, Oak Ridge, Tennessee, $3,800,000.
Project 95 D 407, 219 S secondary containment upgrade, Richland,
Washington, $2,500,000.
Project 94 D 404, Melton Valley storage tank capacity increase, Oak
Ridge National Laboratory, Oak Ridge, Tennessee, $1,219,000.
Project 94 D 407, initial tank retrieval systems, Richland,
Washington, $15,100,000.
Project 93 D 187, high-level waste removal from filled waste tanks,
Savannah River Site, Aiken, South Carolina, $17,520,000.
Project 92 D 172, hazardous waste treatment and processing facility,
Pantex Plant, Amarillo, Texas, $5,000,000.
Project 89 D 174, replacement high-level waste evaporator, Savannah
River Site, Aiken, South Carolina, $1,042,000.
Project 86 D 103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, Livermore, California,
$11,250,000.
(d) Technology Development.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
technology development in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $220,000,000.
(e) Nuclear Materials and Facilities Stabilization.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for nuclear materials and facilities stabilization in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $1,256,821,000, to be
allocated as follows:
(1) For operation and maintenance, $1,176,114,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $80,707,000, to be allocated as follows:
Project 98 D 453, plutonium stabilization and handling system for
plutonium finishing plant, Richland, Washington, $8,136,000.
Project 98 D 700, road rehabilitation, Idaho National Engineering
Laboratory, Idaho, $500,000.
Project 97 D 450, actinide packaging and storage facility, Savannah
River Site, Aiken, South Carolina, $18,000,000.
Project 97 D 451, B-Plant safety class ventilation upgrades,
Richland, Washington, $2,000,000.
Project 97 D 470, environmental monitoring laboratory/health physics
site support facility, Savannah River Site, Aiken, South Carolina,
$5,600,000.
Project 96 D 406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $16,744,000.
Project 96 D 461, electrical distribution upgrade, Idaho National
Engineering Laboratory, Idaho, $2,927,000.
Project 96 D 464, electrical and utility systems upgrade, Idaho
Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho,
$14,985,000.
Project 96 D 471, chlorofluorocarbon heating, ventilation, and air
conditioning and chiller retrofit, Savannah River Site, Aiken, South
Carolina, $8,500,000.
Project 95 D 155, upgrade site road infrastructure, Savannah River
Site, South Carolina, $2,713,000.
Project 95 D 456, security facilities consolidation, Idaho Chemical
Processing Plant, Idaho National Engineering Laboratory, Idaho,
$602,000.
(f) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for
program direction in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $345,751,000.
(g) Policy and Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for policy
and management in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $20,000,000.
(h) Environmental Science Program.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1998 for the
environmental science program in carrying out environmental restoration
and waste management activities necessary for national security programs
in the amount of $55,000,000.
(i) Defense Environmental Management Privatization.--Funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1998 for environmental management privatization projects in
carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of $224,700,000,
to be allocated as follows:
Project 98 PVT 1, contact handled transuranic waste transportation,
Carlsbad, New Mexico, $21,000,000.
Project 98 PVT 2, spent nuclear fuel dry storage, Idaho Falls,
Idaho, $27,000,000.
Project 98 PVT 3, waste pits remedial action, Fernald, Ohio,
$25,000,000.
Project 98 PVT 4, spent nuclear fuel transfer and storage, Savannah
River, South Carolina, $25,000,000.
Project 98 PVT 5, waste disposal, Oak Ridge, Tennessee, $5,000,000.
Project 98 PVT 6, Ohio silo 3 waste treatment, Fernald, Ohio,
$6,700,000.
Project 97 PVT 1, tank waste remediation system phase 1, Hanford,
Washington, $115,000,000.
(j) Adjustment.--The total amount authorized to be appropriated
pursuant to this section for subsections (a) through (h) is the sum of
the amounts authorized to be appropriated in those subsections reduced
by $50,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1998 for other defense
activities in carrying out programs necessary for national security in
the amount of $1,642,310,000, to be allocated as follows:
(1) For verification and control technology, $478,200,000, to be
allocated as follows:
(A) For nonproliferation and verification research and development,
$210,000,000.
(B) For arms control, $234,600,000.
(C) For intelligence, $33,600,000.
(2) For nuclear safeguards and security, $47,200,000.
(3) For security investigations, $25,000,000.
(4) For emergency management, $20,000,000.
(5) For program direction, $78,900,000.
(6) For worker and community transition assistance, $61,159,000, to
be allocated as follows:
(A) For worker and community transition, $57,659,000.
(B) For program direction, $3,500,000.
(7) For fissile materials control and disposition, $103,451,000, to
be allocated as follows:
(A) For operation and maintenance, $99,451,000.
(B) For program direction, $4,000,000.
(8) For environment, safety, and health, defense, $94,000,000, to be
allocated as follows:
(A) For the Office of Environment, Safety, and Health (Defense),
$74,000,000.
(B) For program direction, $20,000,000.
(9) For the Office of Hearings and Appeals, $1,900,000.
(10) For nuclear energy, $47,000,000, to be allocated as follows:
(A) For nuclear technology research and development
(electrometallurgical), $12,000,000.
(B) For international nuclear safety (Soviet-designed reactors),
$35,000,000.
(11) For naval reactors development, $670,500,000, to be allocated
as follows:
(A) For operation and maintenance, $635,920,000.
(B) For program direction, $20,080,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $14,500,000, to be allocated as follows:
Project 98 D 200, site laboratory/facility upgrade, various
locations, $5,700,000.
Project 97 D 201, advanced test reactor secondary coolant
refurbishment, Idaho National Engineering Laboratory, Idaho, $4,600,000.
Project 95 D 200, laboratory systems and hot cell upgrades, various
locations, $1,100,000.
Project 90 N 102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, $3,100,000.
(12) For independent assessment of Department of Energy projects,
$15,000,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (12) of subsection (a) reduced by
$6,047,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1998 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $190,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program by this
title; or
(B) $1,000,000 more than the amount authorized for that program by
this title; or
(2) which has not been presented to, or requested of, Congress.
(b) Report.--(1) The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of such
proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an
item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by this
title if the total estimated cost of the construction project does not
exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 3101, 3102, or 3103, or which is
in support of national security programs of the Department of Energy and
was authorized by any previous Act, exceeds by more than 25 percent the
higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as shown
in the most recent budget justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional
defense committees a report on the actions and the circumstances making
such action necessary; and
(B) a period of 30 days has elapsed after the date on which the
report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of
work for which the funds were authorized. Funds so transferred may be
merged with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may be
merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent by
a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide funds for items relating to
activities necessary for national security programs that have a higher
priority than the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress
has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress a
request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before submitting
a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a construction project the total estimated cost of which is
less than $5,000,000; or
(B) for emergency planning, design, and construction activities
under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in connection
with any construction project exceeds $600,000, funds for such design
must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including those funds authorized to be appropriated for advance planning
and construction design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, to meet the needs of national defense,
or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a report
on the activities that the Secretary intends to carry out under this
section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2000.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary to address a risk to health, safety, or the environment or to
assure the most efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a field
office of the Department of Energy, any of the following:
(A) A project listed in subsection (c) or (e) of section 3102 being
carried out by the office.
(B) A program referred to in subsection (a), (c), (d), or (e) of
section 3102 being carried out by the office.
(C) A project or program not described in subparagraph (A) or (B)
that is for environmental restoration or waste management activities
necessary for national security programs of the Department, that is
being carried out by the office, and for which defense environmental
management funds have been authorized and appropriated before the date
of enactment of this Act.
(2) The term ``defense environmental management funds'' means funds
appropriated to the Department of Energy pursuant to an authorization
for carrying out environmental restoration and waste management
activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 1997, and ending on September
30, 1998.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. MEMORANDUM OF UNDERSTANDING FOR USE OF NATIONAL
LABORATORIES FOR BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Memorandum of Understanding.--The Secretary of Energy and the
Secretary of Defense shall enter into a memorandum of understanding for
the purpose of improving and facilitating the use by the Secretary of
Defense of the
expertise of the national laboratories for the ballistic
missile defense programs of the Department of Defense.
(b) Assistance.--The memorandum of understanding shall provide that
the Secretary of Defense shall request such assistance with respect to
the ballistic missile defense programs of the Department of Defense as
the Secretary of Defense and the Secretary of Energy determine can be
provided through the technical skills and experience of the national
laboratories, using such financial arrangements as the Secretaries
determine are appropriate.
(c) Activities.--The memorandum of understanding shall provide that
the national laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of Defense
referred to in subsection (b). Such activities may include the
identification of technical modifications and test techniques, the
analysis of physics problems, the consolidation of range and test
activities, and the analysis and simulation of theater missile defense
deployment problems.
(d) National Laboratories.--For purposes of this section, the
national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore, California;
(2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New Mexico.
SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
(a) Authority To Enter Into Contracts.--The Secretary of Energy may,
using funds authorized to be appropriated by section 3102(i) for a
project referred to in that section, enter into a contract that--
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any equipment or
facilities required to carry out the contract;
(3) requires the contractor to bear any of the costs of the
construction, acquisition, and operation of such equipment or facilities
that arise before the commencement of the provision of goods or services
under the contract; and
(4) provides for payment to the contractor under the contract only
upon the meeting of performance specifications in the contract.
(b) Notice and Wait.--(1) The Secretary may not enter into a contract
under subsection (a), exercise an authorization to proceed with such a
contract or extend any contract period for such a contract by more than
one year until 30 days after the date on which the Secretary submits to
the congressional defense committees a report with respect to the
contract.
(2) Except as provided in paragraph (3), a report under paragraph (1)
with respect to a contract shall set forth--
(A) the anticipated costs and fees of the Department under the
contract, including the anticipated maximum amount of such costs and
fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion of the
provision of goods or services under the contract;
(D) the allocation between the Department and the contractor of any
financial, regulatory, or environmental obligations under the contract;
(E) any activities planned or anticipated to be required with
respect to the project after completion of the contract;
(F) the site services or other support to be provided the contractor
by the Department under the contract;
(G) the goods or services to be provided by the Department or
contractor under the contract, including any additional obligations to
be borne by the Department or contractor with respect to such goods or
services;
(H) if the contract provides for financing of the project by an
entity or entities other than the United States, a detailed comparison
of the costs of financing the project through such entity or entities
with the costs of financing the project by the United States;
(I) the schedule for the contract;
(J) the costs the Department would otherwise have incurred in
obtaining the goods or services covered by the contract if the
Department had not proposed to obtain the goods or services under this
section;
(K) an estimate and justification of the cost savings, if any, to be
realized through the contract, including the assumptions underlying the
estimate;
(L) the effect of the contract on any ancillary schedules applicable
to the facility concerned, including milestones in site compliance
agreements; and
(M) the plans for maintaining financial and programmatic
accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford
Reservation, the report under paragraph (1) shall set forth--
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification plants--
(i) an analysis of the basis for the selection of each of the plants
in lieu of a single pilot vitrification plant; and
(ii) a detailed comparison of the costs to the United States of two
pilot plants with the costs to the United States of a single pilot
plant.
(c) Cost Variations.--(1)(A) The Secretary may not enter into a
contract for a project referred to in subparagraph (B), or obligate
funds attributable to the capital portion of the cost of such a
contract, whenever the current estimated cost of the project exceeds the
amount of the estimated cost of the project as shown in the most recent
budget justification data submitted to Congress.
(B) Subparagraph (A) applies to the following:
(i) A project authorized by section 3102(i).
(ii) A project authorized by section 3103 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2824) for which a contract has not been entered into as of the date of
enactment of this Act.
(2) The Secretary may not obligate funds attributable to the capital
portion of the cost of a contract entered into before such date for a
project authorized by such section 3103 whenever the current estimated
cost of the project equals or exceeds 110 percent of the amount of the
estimated cost of the project as shown in the most recent budget
justification data submitted to Congress.
(d) Use of Funds for Termination of Contract.--Not later than 15 days
before the Secretary obligates funds available for a project authorized
by section 3102(i) to terminate the contract for the project under
subsection (a), the Secretary shall notify the congressional defense
committees of the Secretary's intent to obligate the funds for that
purpose.
(e) Annual Report on Contracts.--(1) Not later than February 28 of
each year, the Secretary shall submit to the congressional defense
committees a report on the activities, if any, carried out under each
contract referred to in paragraph (2) during the preceding year. The
report shall include an update with respect to each such contract of the
matters specified under subsection (b)(1) as of the date of the report.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred to in
that subsection.
(B) A contract under section 3103 of the National Defense
Authorization Act for Fiscal Year 1997.
(f) Assessment of Contracting Without Sufficient Appropriations.--Not
later than 90 days after the date of enactment of this Act, the
Secretary shall submit to the congressional defense committees a report
assessing whether, and under what circumstances, the Secretary could
enter into contracts for defense environmental management privatization
projects in the absence of sufficient appropriations to meet obligations
under such contracts without thereby violating the provisions of section
1341 of title 31, United States Code.
SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1998 may
be obligated or expended to conduct any activities associated with
international cooperative stockpile stewardship.
(b) Exceptions.--Subsection (a) does not apply to the following:
(1) Activities conducted between the United States and the United
Kingdom.
(2) Activities conducted between the United States and France.
(3) Activities carried out under title III of this Act relating to
cooperative threat reduction with states of the former Soviet Union.
SEC. 3134. MODERNIZATION OF ENDURING NUCLEAR WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds authorized to
be appropriated to the Department of Energy pursuant to section 3101,
$85,000,000 shall be available for carrying out the program described in
section 3137(a) of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note).
(b) Limitation on Availability.--None of the funds available under
subsection (a) for carrying out the program referred to in that
subsection may be obligated or expended until 30 days after the date of
the receipt by Congress of the report required under subsection (c).
(c) Report on Allocation of Funds.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall submit to
the congressional defense committees a report setting forth the proposed
allocation among specific Department of Energy sites of the funds
available under subsection (a) for the program referred to in that
subsection.
SEC. 3135. TRITIUM PRODUCTION.
(a) Tritium Production Decision.--(1) Not later than December 31,
1998, the Secretary of Energy shall make a final decision on the
technologies to be utilized, and the schedule to be adopted, for tritium
production in order to meet the requirements in the Nuclear Weapons
Stockpile Memorandum relating to tritium production, including the
tritium production date of 2005 specified in the Nuclear Weapons
Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take into
account the following:
(A) The requirements for tritium production specified in the Nuclear
Weapons Stockpile Memorandum, including, in particular, the requirements
for the so-called ``upload hedge'' component of the nuclear weapons
stockpile.
(B) The activities of the Department of Energy relating to the
evaluation and demonstration of technologies under the accelerator
program and the commercial light water reactor program.
(C) The potential liabilities and benefits of each potential
technology for tritium production, including--
(i) regulatory and other barriers that might prevent the production
of tritium using the technology by the production date referred to in
paragraph (1);
(ii) potential difficulties, if any, in licensing the technology;
(iii) the variability, if any, in tritium production rates using the
technology; and
(iv) any other benefits (including scientific or research benefits
or the generation of revenue) associated with the technology.
(b) Reports on Decision.--(1) Upon making a final decision under
paragraph (1) of subsection (a), the Secretary shall submit to the
congressional defense committees a report on the final decision. The
report shall include an assessment of how the selected technology
addresses the items taken into account under paragraph (2) of that
subsection.
(2) If the Secretary determines that it is not possible to make the
final decision by the date specified in paragraph (1) of subsection (a),
the Secretary shall submit to the congressional defense committees on
that date a report that explains in detail why the final decision cannot
be made by that date.
(c) Limitation on Availability of Funds.--The Secretary may not
obligate or expend any funds authorized to be appropriated or otherwise
made available for the Department of Energy by this Act for the purpose
of evaluating or utilizing any technology for the production of tritium
other than a commercial light water reactor or an accelerator until the
later of--
(1) January 31, 1999; or
(2) the date that is 30 days after the date on which the Secretary
makes a final decision under subsection (a).
SEC. 3136. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT
NUCLEAR FUEL RODS AND OTHER LEGACY NUCLEAR MATERIALS AT THE SAVANNAH
RIVER SITE.
(a) Funding.--Of the funds authorized to be appropriated pursuant to
section 3102(e), not more than $47,000,000 shall be available for the
implementation of a program to accelerate the receipt, processing
(including the H-canyon restart operations), reprocessing, separation,
reduction, deactivation, stabilization, isolation, and interim storage
of high level nuclear waste associated with Department of Energy spent
fuel rods, foreign spent fuel rods, and other nuclear materials that are
located at the Savannah River Site.
(b) Requirement for Continuing Operations at Savannah River
Site.--The Secretary of Energy shall continue operations and maintain a
high state of readiness at the F-canyon and H-canyon facilities at the
Savannah River Site and shall provide technical staff necessary to
operate and maintain such facilities at that state of readiness.
SEC. 3137. LIMITATIONS ON USE OF FUNDS FOR LABORATORY DIRECTED
RESEARCH AND DEVELOPMENT PURPOSES.
(a) General Limitations.--(1) No funds authorized to be appropriated
or otherwise made available to the Department of Energy in any fiscal
year after fiscal year 1997 for weapons activities may be obligated or
expended for activities under the Department of Energy Laboratory
Directed Research and Development Program, or under any Department of
Energy technology transfer program or cooperative research and
development agreement, unless such activities support the national
security mission of the Department of Energy.
(2) No funds authorized to be appropriated or otherwise made
available to the Department of Energy in any fiscal year after fiscal
year 1997 for environmental restoration, waste management, or nuclear
materials and facilities stabilization may be obligated or expended for
activities under the Department of Energy Laboratory Directed Research
and Development Program, or under any Department of Energy technology
transfer program or cooperative research and development agreement,
unless such activities support the environmental restoration mission,
waste management mission, or materials stabilization mission, as the
case may be, of the Department of Energy.
(b) Limitation in Fiscal Year 1998 Pending Submittal of Annual
Report.--Not more than 30 percent of the funds authorized to be
appropriated or otherwise made available to the Department of Energy in
fiscal year 1998 for laboratory directed research and development may be
obligated or expended for such research and development until the
Secretary of Energy submits to the congressional defense committees the
report required by section 3136(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2831; 42 U.S.C.
7257b) in 1998.
(c) Submittal Date for Annual Report on Laboratory Directed Research
and Development Program.--Paragraph (1) of section 3136(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2831; 42 U.S.C. 7257b) is amended by striking out ``The
Secretary of Energy shall annually submit'' and inserting in lieu
thereof ``Not later than February 1 each year, the Secretary of Energy
shall submit''.
(d) Assessment of Funding Level for Laboratory Directed Research and
Development.--The Secretary shall include in the report submitted under
such section 3136(b)(1) in 1998 an assessment of the funding required to
carry out laboratory directed research and development, including a
recommendation for the percentage of the funds provided to
Government-owned, contractor-operated laboratories for national security
activities that should be made available for such research and
development under section 3132(c) of the National Defense Authorization
Act for Fiscal Year 1991 (42 U.S.C. 7257a(c)).
(e) Definition.--In this section, the term ``laboratory directed
research and development'' has the meaning given that term in section
3132(d) of the National Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(d)).
SEC. 3138. PILOT PROGRAM RELATING TO USE OF PROCEEDS OF
DISPOSAL OR UTILIZATION OF CERTAIN DEPARTMENT OF ENERGY ASSETS.
(a) Purpose.--The purpose of this section is to encourage the
Secretary of Energy to dispose of or otherwise utilize certain assets of
the Department of Energy by making available to the Secretary the
proceeds of such disposal or utilization for purposes of defraying the
costs of such disposal or utilization.
(b) Use of Proceeds To Defray Costs.--(1) Notwithstanding section
3302 of title 31, United States Code, the Secretary may retain from the
proceeds of the sale, lease, or disposal of an asset under subsection
(c) an amount equal to the cost of the sale, lease, or disposal of the
asset. The Secretary shall utilize amounts retained under this paragraph
to defray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale, lease, or
disposal shall include--
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned for the
sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or disposal.
(c) Covered Transactions.--Subsection (b) applies to the following
transactions:
(1) The sale of heavy water at the Savannah River Site, South
Carolina, that is under the jurisdiction of the Defense Environmental
Management Program.
(2) The sale of precious metals that are under the jurisdiction of
the Defense Environmental Management Program.
(3) The lease of buildings and other facilities located at the
Hanford Reservation, Washington, that are under the jurisdiction of the
Defense Environmental Management Program.
(4) The lease of buildings and other facilities located at the
Savannah River Site that are under the jurisdiction of the Defense
Environmental Management Program.
(5) The disposal of equipment and other personal property located at
the Rocky Flats Defense Environmental Technology Site, Colorado, that is
under the jurisdiction of the Defense Environmental Management Program.
(6) The disposal of materials at the National Electronics Recycling
Center, Oak Ridge, Tennessee, that are under the jurisdiction of the
Defense Environmental Management Program.
(d) Applicability of Disposal Authority.--Nothing in this section
shall be construed to limit the application of sections 202 and 203(j)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483 and 484(j)) to the disposal of equipment and other personal
property covered by this section.
(e) Report.--Not later than January 31, 1999, the Secretary shall
submit to the congressional defense committees a report on amounts
retained by the Secretary under subsection (b) during fiscal year 1998.
SEC. 3139. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO
APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
(a) Repeal of Requirement for EPA Study.--Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103
337; 108 Stat. 3095; 42 U.S.C. 7231 note) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(b) Extension of Authority.--Paragraph (1) of subsection (c) of such
section, as so redesignated, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1999''.
SEC. 3140. LIMITATION ON USE OF FUNDS FOR SUBCRITICAL NUCLEAR
WEAPONS TESTS.
(a) Limitation.--The Secretary of Energy may not conduct any
subcritical nuclear weapons tests using funds appropriated or otherwise
available to the Secretary for fiscal year 1998 until the Secretary
submits to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a
detailed report on the use of the funds available to the Secretary for
fiscal years 1996 and 1997 to conduct such tests.
(b) Exception.--Subsection (a) shall not apply to the use of funds
covered by that subsection for subcritical nuclear weapons tests if the
Secretary--
(1) determines that the use of such funds for such tests is urgently
required to meet national security interests; and
(2) notifies Congress of that determination before using such funds
for such tests.
SEC. 3141. LIMITATION ON USE OF CERTAIN FUNDS UNTIL FUTURE USE
PLANS ARE SUBMITTED.
(a) Limitation.--(1) Subject to paragraph (2), the Secretary of
Energy may not use more than 80 percent of the funds available to the
Secretary pursuant to the authorization of appropriations in section
3102(g) until the Secretary submits the plans described in subsection
(b).
(2) The limitation in paragraph (1) shall cease to be in effect if
the Secretary submits, by March 15, 1998, the report described in
subsection (c).
(b) Plans.--The plans referred to in subsection (a)(1) are the draft
future use plan and the final future use plan required under section
3153(f) of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104 201; 110 Stat. 2840; 42 U.S.C. 7274k note).
(c) Report.--If the Secretary is unable to submit all of the plans
described in subsection (b) by the deadlines set forth in such section
3153(f), the Secretary shall submit to Congress a report containing, for
each plan that will not be submitted by the applicable deadline--
(1) the status of the plan;
(2) the reasons why the plan cannot be submitted by the applicable
deadline; and
(3) the date by which the plan will be submitted.
Subtitle D--Other Matters
SEC. 3151. PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION
OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.
(a) Plan Requirement.--The Secretary of Energy shall develop and
annually update a plan for maintaining the nuclear weapons stockpile.
The plan shall cover, at a minimum, stockpile stewardship, stockpile
management, and program direction and shall be consistent with the
programmatic and technical requirements of the most recent annual
Nuclear Weapons Stockpile Memorandum.
(b) Plan Elements.--The plan and each update of the plan shall set
forth the following:
(1) The number of warheads (including active and inactive warheads)
for each warhead type in the nuclear weapons stockpile.
(2) The current age of each warhead type, and any plans for
stockpile lifetime extensions and modifications or replacement of each
warhead type.
(3) The process by which the Secretary of Energy is assessing the
lifetime, and requirements for lifetime extension or replacement, of the
nuclear and nonnuclear components of the warheads (including active and
inactive warheads) in the nuclear weapons stockpile.
(4) The process used in recertifying the safety, security, and
reliability of each warhead type in the nuclear weapons stockpile.
(5) Any concerns which would affect the ability of the Secretary of
Energy to recertify the safety, security, or reliability of warheads in
the nuclear weapons stockpile (including active and inactive warheads).
(c) Annual Submission of Plan to Congress.--The Secretary of Energy
shall submit to Congress the plan developed under subsection (a) not
later than March 15, 1998, and shall submit an updated version of the
plan not later than March 15 of each year thereafter. The plan shall be
submitted in both classified and unclassified form.
SEC. 3152. REPEAL OF OBSOLETE REPORTING REQUIREMENTS.
(a) Annual Report on Activities of the Atomic Energy Commission.--(1)
Section 251 of the Atomic Energy Act of 1954 (42 U.S.C. 2016) is
repealed.
(2) The table of sections at the beginning of that Act is amended by
striking out the item relating to section 251.
(b) Annual Report on Weapons Activities Budgets.--Section 3156 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2841; 42 U.S.C. 7271c) is repealed.
(c) Annual Update of Master Plan for Nuclear Weapons
Stockpile.--Section 3153 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 624; 42 U.S.C. 2121
note) is repealed.
(d) Annual Report on Weapons Activities Budgets.--Section 3159 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104
106; 110 Stat. 626; 42 U.S.C. 7271b note) is repealed.
(e) Annual Report on Stockpile Stewardship Program.--Section 3138 of
the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103 160; 107 Stat. 1946; 42 U.S.C. 2121 note) is amended--
(1) by striking out subsections (d) and (e);
(2) by redesignating subsections (f), (g), and (h) as subsections
(d), (e), and (f), respectively; and
(3) in subsection (e), as so redesignated, by striking out ``and the
60-day period referred to in subsection (e)(2)(A)(ii)''.
(f) Annual Report on Development of Tritium Production
Capacity.--Section 3134 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 106 Stat. 2639) is repealed.
(g) Annual Report on Research Relating to Defense Waste Cleanup
Technology Program.--Section 3141 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101 189; 103 Stat. 1679;
42 U.S.C. 7274a) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(h) Quarterly Report on Major DoE National Security
Programs.--Section 3143 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101 189; 103 Stat. 1681; 42
U.S.C. 7271a) is repealed.
(i) Annual Report on Nuclear Test Ban Readiness Program.--Section
1436 of the National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100 456; 102 Stat. 2075; 42 U.S.C. 2121 note) is amended by striking
out subsection (e).
SEC. 3153. STUDY AND FUNDING RELATING TO IMPLEMENTATION OF
WORKFORCE RESTRUCTURING PLANS.
(a) Study Requirement.--The Secretary of Energy shall conduct a study
on the effects of workforce restructuring plans for defense nuclear
facilities developed pursuant to section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
(b) Matters Covered by Study.-- The study shall cover the four-year
period preceding the date of the enactment of this Act and shall include
the following:
(1) An analysis of the number of jobs created by any employee
retraining, education, and reemployment assistance and any community
impact assistance provided in each workforce restructuring plan
developed pursuant to section 3161 of the National Defense Authorization
Act for Fiscal Year 1993.
(2) An analysis of other benefits provided pursuant to such plans,
including any assistance provided to community reuse organizations.
(3) A description of the funds expended, and the funds obligated but
not expended, pursuant to such plans as of the date of the report.
(4) A description of the criteria used since October 23, 1992, in
providing assistance pursuant to such plans.
(5) A comparison of any similar benefits provided--
(A) pursuant to such a plan to employees whose employment at the
defense nuclear facility covered by the plan is terminated; and
(B) to employees whose employment at a facility where more than 50
percent of the revenues are derived from contracts with the Department
of Defense has been terminated as a result of cancellation, termination,
or completion of contracts with the Department of Defense and the
employees whose employment is terminated constitute more than 15 percent
of the employees at that facility.
(c) Conduct of Study.--(1) The study shall be conducted through a
contract with an independent private auditing firm.
(2) The Secretary of Energy may not enter into any contract for the
conduct of the study until the Secretary submits a notification of the
proposed contract award to the congressional defense committees.
(3) The Secretary of Energy and the Secretary of Defense shall each
ensure that any firm conducting the study is provided access to all
documents in the possession of the Department of Energy or the
Department of Defense, as the case may be, that are relevant to the
study, including documents in the possession of the Inspector General of
the Department of Energy or the Inspector General of the Department of
Defense.
(d) Report on Study.--The Secretary of Energy shall submit a report
to Congress on the results of the study not later than March 31, 1998.
(e) Limitation on Use of Funds for Local Impact Assistance.--(1) None
of the funds authorized to be appropriated to the Department of Energy
pursuant to section 3103(6) may be used for local impact assistance
pursuant to a plan under section 3161(c)(6) of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) until--
(A) with respect to assistance referred to in section 3161(c)(6)(A)
of such Act, the Secretary of Energy coordinates with, provides a copy
of the plan to, and obtains the approval of the Secretary of Labor; and
(B) with respect to assistance referred to in section 3161(c)(6)(C)
of such Act, the Secretary of Energy coordinates with, provides a copy
of the plan to, and obtains the approval of the Secretary of Commerce.
(2) For purposes of paragraph (1), if the Secretary of Labor or the
Secretary of Commerce does not disapprove a plan within 60 days after
receiving a copy of the plan, the plan is deemed to be approved.
(f) Semiannual Report to Congress of Local Impact Assistance.--The
Secretary of Energy shall submit to Congress every six months a report
setting forth a description of, and the amount or value of, all local
impact assistance provided during the preceding six months under section
3161(c)(6) of the National Defense Authorization Act of 1993 (42 U.S.C.
7274h(c)(6)).
(g) Effect on USEC Privatization Act.--Nothing in this section shall
be construed as diminishing or affecting the obligations of the
Secretary of Energy under section 3110(a)(5) of the USEC Privatization
Act (Public Law 104 134; 110 Stat. 1321 341; 42 U.S.C. 2297h 8(a)(5)).
(h) Definition.--In this section, the term ``defense nuclear
facility'' has the meaning provided the term ``Department of Energy
defense nuclear facility'' in section 3163 of the National Defense
Authorization Act for Fiscal Year 1993 ( Public Law 102 484; 42 U.S.C.
7274j).
SEC. 3154. REPORT AND PLAN FOR EXTERNAL OVERSIGHT OF NATIONAL
LABORATORIES.
(a) Report.--Not later than July 1, 1999, the Secretary of Energy
shall submit to Congress a report on the external oversight of the
national laboratories.
(b) Matters Covered.--The report shall contain the following:
(1) A description of the external oversight practices at the
national laboratories and an analysis of the effectiveness of such
practices, including the effect of such practices on the productivity of
the laboratories and the research conducted by the laboratories.
(2) Recommendations regarding the continuation, consolidation, or
discontinuation of the external oversight practices described in
paragraph (1), and the rationale for the recommendations.
(3) Recommendations for any new external oversight practices that
should be implemented, and the rationale for the recommendations.
(4) A plan for carrying out the recommendations.
(c) National Laboratories Covered.--For purposes of this section, the
national laboratories are--
(1) the Lawrence Livermore National Laboratory, Livermore, California;
(2) the Los Alamos National Laboratory, Los Alamos, New Mexico; and
(3) the Sandia National Laboratories, Albuquerque, New Mexico.
SEC. 3155. UNIVERSITY-BASED RESEARCH COLLABORATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The maintenance of scientific and engineering competence in the
United States is vital to long-term national security and the defense
and national security missions of the Department of Energy.
(2) Engaging the universities and colleges of the Nation in research
on long-range problems of vital national security interest will be
critical to solving the technology challenges faced within the defense
and national security programs of the Department of Energy in the next
century.
(3) Enhancing collaboration among the national laboratories,
universities and colleges, and industry will contribute significantly to
the performance of these Department of Energy missions.
(b) Program.--The Secretary of Energy shall establish a university
program at a location that can develop the most effective collaboration
among national laboratories, universities and colleges, and industry in
support of scientific and engineering advancement in key Department of
Energy defense and national security program areas.
(c) Funding.--Of the funds authorized to be appropriated in this
title to the Department of Energy for fiscal year 1998, the Secretary
shall make $5,000,000 available for the establishment and operation of
the program under subsection (b).
SEC. 3156. STOCKPILE STEWARDSHIP PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Eliminating the threat posed by nuclear weapons to the United
States is an important national security goal.
(2) As long as nuclear threats remain, the nuclear deterrent of the
United States must be effective and reliable.
(3) A safe, secure, effective, and reliable United States nuclear
stockpile is central to the current nuclear deterrence strategy of the
United States.
(4) The Secretary of Energy has undertaken a stockpile stewardship
and management program to ensure the safety, security, effectiveness,
and reliability of the nuclear weapons stockpile of the United States,
consistent with all United States treaty requirements and the
requirements of the nuclear deterrence strategy of the United States.
(5) It is the policy of the current administration that new nuclear
warhead designs are not required to effectively implement the nuclear
deterrence strategy of the United States.
(b) Policy.--It is the policy of the United States that--
(1) activities of the stockpile stewardship program shall be
directed toward ensuring that the United States possesses a safe,
secure, effective, and reliable nuclear stockpile, consistent with the
national security requirements of the United States; and
(2) stockpile stewardship activities of the United States shall be
conducted in conformity with the terms of the Treaty on the
Non-Proliferation of Nuclear Weapons and the Comprehensive Test Ban
Treaty signed by the President on September 24, 1996, when and if that
treaty enters into force.
SEC. 3157. REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN
FOREIGN NATIONS.
(a) Reports.--The Secretary of Energy shall require that any company
that is a participant in the Accelerated Strategic Computing Initiative
(ASCI) program of the Department of Energy report to the Secretary and
to the Secretary of Defense each sale by that company to a country
designated as a Tier III country of a computer capable of operating at a
speed in excess of 2,000 millions theoretical operations per second
(MTOPS). The report shall include a description of the following with
respect to each such sale:
(1) The anticipated end-use of the computer sold.
(2) The software included with the computer.
(3) Any arrangement under the terms of the sale regarding--
(A) upgrading the computer;
(B) servicing the computer; or
(C) furnishing spare parts for the computer.
(b) Covered Countries.--For purposes of this section, the countries
designated as Tier III countries are the countries listed as ``computer
tier 3'' eligible countries in part 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997 (or any successor
list).
(c) Quarterly Submission of Reports.--The Secretary of Energy shall
require that reports under subsection (a) be submitted quarterly.
(d) Annual Report.--The Secretary of Energy shall submit to Congress
an annual report containing all information received under subsection
(a) during the preceding year. The first annual report shall be
submitted not later than July 1, 1998.
SEC. 3158. TRANSFERS OF REAL PROPERTY AT CERTAIN DEPARTMENT OF
ENERGY FACILITIES.
(a) Transfer Regulations.--(1) The Secretary of Energy shall
prescribe regulations for the transfer by sale or lease of real property
at Department of Energy defense nuclear facilities for the purpose of
permitting the economic development of the property.
(2) The Secretary of Energy may not transfer real property under the
regulations prescribed under paragraph (1) until--
(A) the Secretary submits a notification of the proposed transfer to
the congressional defense committees; and
(B) a period of 30 days has elapsed following the date on which the
notification is submitted.
(b) Indemnification.--(1) Except as provided in paragraph (3) and
subject to subsection (c), in the sale or lease of real property
pursuant to the regulations prescribed under subsection (a), the
Secretary of Energy may hold harmless and indemnify a person or entity
described in paragraph (2) against any claim for injury to person or
property that results from the release or threatened release of a
hazardous substance or pollutant or contaminant as a result of
Department of Energy activities at the defense nuclear facility on which
the real property is located. Before entering into any agreement for
such a sale or lease, the Secretary shall notify the person or entity
that the Secretary has authority to provide indemnification to the
person or entity under this subsection. The Secretary shall include in
any agreement for such a sale or lease a provision stating whether
indemnification is or is not provided.
(2) Paragraph (1) applies to the following persons and entities:
(A) Any State that acquires ownership or control of real property of
a defense nuclear facility.
(B) Any political subdivision of a State that acquires such
ownership or control.
(C) Any other person or entity that acquires such ownership or
control.
(3) To the extent the persons and entities described in paragraph (2)
contributed to any such release or threatened release, paragraph (1)
shall not apply.
(c) Conditions.--(1) No indemnification on a claim for injury may be
provided under this section unless the person or entity making a request
for the indemnification--
(A) notifies the Secretary of Energy in writing within two years
after such claim accrues;
(B) furnishes to the Secretary copies of pertinent papers received
by the person or entity;
(C) furnishes evidence or proof of the claim;
(D) provides, upon request by the Secretary, access to the records
and personnel of the person or entity for purposes of defending or
settling the claim; and
(E) begins action within six months after the date of mailing, by
certified or registered mail, of notice of final denial of the claim by
the Secretary.
(2) For purposes of paragraph (1)(A), the date on which a claim
accrues is the date on which the person asserting the claim knew (or
reasonably should have known) that the injury to person or property
referred to in subsection (b)(1) was caused or contributed to by the
release or threatened release of a hazardous substance, pollutant, or
contaminant as a result of Department of Energy activities at the
defense nuclear facility on which the real property is located.
(d) Authority of Secretary of Energy.--(1) In any case in which the
Secretary of Energy determines that the Secretary may be required to
indemnify a person or entity under this section for any claim for injury
to person or property referred to in subsection (b)(1), the Secretary
may settle or defend the claim on behalf of that person or entity.
(2) In any case described in paragraph (1), if the person or entity
that the Secretary may be required to indemnify does not allow the
Secretary to settle or defend the claim, the person or entity may not be
indemnified with respect to that claim under this section.
(e) Relationship to Other Law.--Nothing in this section shall be
construed as affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) The term ``defense nuclear facility'' has the meaning provided
by the term ``Department of Energy defense nuclear facility'' in section
318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
(2) The terms ``hazardous substance'', ``release'', and ``pollutant
or contaminant'' have the meanings provided by section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
SEC. 3159. REQUIREMENT TO DELEGATE CERTAIN AUTHORITIES TO SITE
MANAGER OF HANFORD RESERVATION.
Section 3173(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201; 110 Stat. 2848; 42 U.S.C. 7274k) is
amended--
(1) in paragraph (1)--
(A) by striking out ``In addition'' and inserting in lieu thereof
``Except as provided in paragraph (5), in addition''; and
(B) by striking out ``Act,'' and inserting in lieu thereof
``subtitle,''; and
(2) by adding at the end the following new paragraph:
``(5) In the case of the Hanford Reservation, Richland, Washington,
the Secretary shall delegate to the Site Manager the authority described
in paragraph (1) for fiscal year 1998. The Secretary may withdraw the
delegated authority if the Secretary--
``(A) determines that the Site Manager of the Hanford Reservation
has misused or misapplied that authority; and
``(B) the Secretary submits to Congress a notification of the
Secretary's intent to withdraw the authority.''.
SEC. 3160. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT REPORTS.
Section 3153(b)(2)(B) of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B)) is amended by striking out
``odd-numbered year after 1995'' and inserting in lieu thereof
``odd-numbered year after 1997''.
SEC. 3161. DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD.
(a) Establishment.--(1) The Secretary of Energy shall establish a
board to be known as the ``Department of Energy Security Management
Board'' (in this section referred to as the ``Board'').
(2) The Board shall advise the Secretary on policy matters,
operational concerns, strategic planning, personnel, budget,
procurement, and development of priorities relating to the security
functions of the Department of Energy.
(b) Members.--The Board shall be comprised of--
(1) the Secretary of Energy, who shall serve as chairman;
(2) the Director of the Office of Nonproliferation and National
Security of the Department of Energy;
(3) the Assistant Secretary of Energy for Environmental Management;
(4) the Assistant Secretary of Energy for Defense Programs;
(5) the Assistant Secretary of Energy for Environment, Safety, and
Health;
(6) the Associate Deputy Secretary of Energy for Field Management;
(7) three individuals selected by the Secretary of Defense and
appointed by the Secretary of Energy;
(8) an individual selected by the Director of the Federal Bureau of
Investigation and appointed by the Secretary of Energy; and
(9) an individual selected by the Director of Central Intelligence
and appointed by the Secretary of Energy.
(c) Appointments.--(1) The Secretary of Defense, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence shall consult with the Secretary of Energy in selecting
individuals for appointment under paragraphs (7), (8), and (9),
respectively, of subsection (b).
(2) The Secretary of Energy may not appoint as a member of the Board
under paragraph (7), (8), or (9) of subsection (b) an officer or
employee of the Department of Energy, an employee of a contractor or
subcontractor of the Department, or an individual under contract with
the Department.
(3) The Secretary of Energy shall appoint members of the Board under
paragraphs (7), (8), and (9) of subsection (b) not later than January
15, 1998.
(d) Vacancies.--Any vacancy in the Board shall be filled in the same
manner as the original appointment.
(e) Personnel Matters.--(1)(A) Each member of the Board who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
title 5, United States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties of the
Board.
(B) All members of the Board who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(f) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Board under this section.
(g) Termination.--The Board shall terminate on October 31, 2000.
(h) Security Functions Defined.--In this section, the term ``security
functions'' means all Department of Energy activities related to the
safeguarding and security of nuclear weapons and materials, protection
of classified and unclassified controlled nuclear information, and
physical and personnel security.
SEC. 3162. SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY
FUNCTIONS AT NUCLEAR WEAPONS FACILITIES.
(a) In General.--Not later than September 1 each year, the Secretary
of Energy shall submit to the congressional defense committees the
report entitled ``Annual Report to the President on the Status of
Safeguards and Security of Domestic Nuclear Weapons Facilities'', or any
successor report to such report.
(b) Requirement Relating to Reports Through Fiscal Year 2000.--The
Secretary shall include with each report submitted under subsection (a)
in fiscal years 1998 through 2000 any comments on such report by the
members of the Department of Energy Security Management Board
established under section 3161 that such members consider appropriate.
SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON
MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE.
(a) Commencement of Activities.--Subsection (b)(1) of section 3162 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104 201; 110 Stat. 2844; 42 U.S.C. 2121 note) is amended, effective
January 1, 1998--
(1) in subparagraph (C), by adding at the end the following new
sentence: ``The chairman may be designated once five members of the
Commission have been appointed under subparagraph (A).''; and
(2) by adding at the end the following:
``(E) The Commission may commence its activities under this section
upon the designation of the chairman of the Commission under
subparagraph (C).''.
(b) Deadline for Report.--Subsection (d) of that section is amended
by striking out ``March 15, 1998,'' and inserting in lieu thereof
``March 15, 1999,''.
SEC. 3164. LAND TRANSFER, BANDELIER NATIONAL MONUMENT.
(a) Transfer of Administrative Jurisdiction.--The Secretary of Energy
shall transfer to the Secretary of the Interior administrative
jurisdiction over a parcel of real property consisting of approximately
4.47 acres as depicted on the map entitled ``Boundary Map, Bandelier
National Monument'', No. 315/80,051, dated March 1995.
(b) Boundary Modification.--The boundary of the Bandelier National
Monument established by Proclamation No. 1322 (16 U.S.C. 431 note) is
modified to include the real property transferred under subsection (a).
(c) Public Availability of Map.--The map described in subsection (a)
shall be on file and available for public inspection in the Lands Office
at the Southwest System Support Office of the National Park Service,
Santa Fe, New Mexico, and in the office of the Superintendent of
Bandelier National Monument.
(d) Administration.--The real property and interests in real property
transferred under subsection (a) shall be--
(1) administered as part of Bandelier National Monument; and
(2) subject to all laws applicable to the Bandelier National
Monument and all laws generally applicable to units of the National Park
System.
SEC. 3165. FINAL SETTLEMENT OF DEPARTMENT OF ENERGY COMMUNITY
ASSISTANCE OBLIGATIONS WITH RESPECT TO LOS ALAMOS NATIONAL LABORATORY,
NEW MEXICO.
(a) In General.--The Secretary of Energy shall--
(1) convey, without consideration, to the Incorporated County of Los
Alamos, New Mexico (in this section referred to as the ``County''), or
to the designee of the County, fee title to the parcels of land that are
allocated for conveyance to the County in the agreement under subsection
(e); and
(2) transfer to the Secretary of the Interior, in trust for the
Pueblo of San Ildefonso (in this section referred to as the ``Pueblo''),
administrative jurisdiction over the parcels that are allocated for
transfer to the Secretary of the Interior in such agreement.
(b) Preliminary Identification of Parcels of Land for Conveyance or
Transfer.--(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the congressional
defense committees a report identifying the parcels of land under the
jurisdiction of the Secretary at the Los Alamos National Laboratory that
are suitable for conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for purposes of
paragraph (1) if the parcel--
(A) is not required to meet the national security mission of the
Department of Energy or will not be required for that purpose before the
end of the 10-year period beginning on the date of enactment of this
Act;
(B) is likely to be conveyable or transferable, as the case may be,
under this section not later than the end of such period; and
(C) is suitable for use for a purpose specified in subsection (h).
(c) Review of Title.--(1) Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report setting forth the results of a title search
on each parcel of land identified as suitable for conveyance or transfer
under subsection (b), including an analysis of any claims against or
other impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the completion of the
title search with respect to a parcel under paragraph (1) and ending on
the date of the submittal of the report under that paragraph, the
Secretary shall take appropriate actions to resolve the claims against
or other impairments, if any, to fee title that are identified with
respect to the parcel in the title search.
(d) Environmental Restoration.--(1) Not later than 21 months after
the date of enactment of this Act, the Secretary shall--
(A) identify the environmental restoration or remediation, if any,
that is required with respect to each parcel of land identified under
subsection (b) to which the United States has fee title;
(B) carry out any review of the environmental impact of the
conveyance or transfer of each such parcel that is required under the
provisions of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(C) submit to Congress a report setting forth the results of the
activities under subparagraphs (A) and (B).
(2) If the Secretary determines under paragraph (1) that a parcel
described in paragraph (1)(A) requires environmental restoration or
remediation, the Secretary shall, to the maximum extent practicable,
complete the environmental restoration or remediation of the parcel not
later than 10 years after the date of enactment of this Act.
(e) Agreement for Allocation of Parcels.--As soon as practicable
after completing the review of titles to parcels of land under
subsection (c), the Secretary of the Interior, on behalf of the Pueblo
and for the County, shall submit to the Secretary of Energy an agreement
between the Secretary of the Interior and the County that allocates
between the Secretary of the Interior and the County the parcels to
which the United States has fee title.
(f) Plan for Conveyance and Transfer.--(1) Not later than 90 days
after the date of the submittal to the Secretary of Energy of the
agreement under subsection (e), the Secretary shall submit to the
congressional defense committees a plan for conveying or transferring
parcels of land under this section in accordance with the allocation
specified in the agreement.
(2) The plan under paragraph (1) shall provide for the completion of
the conveyance or transfer of parcels under this section not later than
9 months after the date of the submittal of the plan under that
paragraph.
(g) Conveyance or Transfer.--(1) Subject to paragraphs (2) and (3),
the Secretary shall convey or transfer parcels of land in accordance
with the allocation specified in the agreement submitted to the
Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement that is not
available for conveyance or transfer in accordance with the requirement
in subsection (f)(2) by reason of its requirement to meet the national
security mission of the Department, the Secretary shall convey or
transfer the parcel, as the
case may be, when the parcel is no longer required for that purpose.
(3)(A) In the case of a parcel allocated under the agreement that is
not available for conveyance or transfer in accordance with such
requirement by reason of requirements for environmental restoration or
remediation, the Secretary shall convey or transfer the parcel, as the
case may be, upon the completion of the environmental restoration or
remediation that is required with respect to the parcel.
(B) If the Secretary determines that environmental restoration or
remediation cannot reasonably be expected to be completed with respect
to a parcel by the end of the 10-year period beginning on the date of
enactment of this Act, the Secretary shall not convey or transfer the
parcel under this section.
(h) Use of Conveyed or Transferred Land.--The parcels of land
conveyed or transferred under this section shall be used for historic,
cultural, or environmental preservation purposes, economic
diversification purposes, or community self-sufficiency purposes.
(i) Treatment of Conveyances and Transfers.--(1) The purpose of the
conveyances and transfers under this section is to fulfill the
obligations of the United States with respect to Los Alamos National
Laboratory, New Mexico, under sections 91 and 94 of the Atomic Energy
Community Act of 1955 (42 U.S.C. 2391, 2394).
(2) Upon the completion of the conveyance or transfer of the parcels
of land available for conveyance or transfer under this section, the
Secretary shall make no further payments with respect to Los Alamos
National Laboratory under section 91 or section 94 of the Atomic Energy
Community Act of 1955.
SEC. 3166. SENSE OF CONGRESS REGARDING THE Y 12 PLANT IN OAK
RIDGE, TENNESSEE.
It is the sense of Congress that the Y 12 Plant in Oak Ridge,
Tennessee, should be used as a national prototype center and that other
executive agencies should utilize this center, where appropriate, to
maximize their efficiency and cost effectiveness.
SEC. 3167. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS
ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Availability of Funds.--Of the funds authorized to be
appropriated or otherwise made available to the Department of Energy by
this title, $5,000,000 shall be available for payment by the Secretary
of Energy to a nonprofit or not-for-profit educational foundation
chartered to enhance educational activities in the public schools in the
vicinity of Los Alamos National Laboratory, New Mexico (in this section
referred to as the ``Foundation'').
(b) Use of Funds.--(1) The Foundation shall utilize funds provided
under subsection (a) the basis of, or as a contribution to, an endowment
fund for the Foundation.
(2) The Foundation shall use the income generated from investments in
the endowment fund that are attributable to the payment made under
subsection (a) to fund programs to support the educational needs of
children in public schools in the vicinity of Los Alamos National
Laboratory.
(c) Report.--Not later than March 1, 1998, the Secretary shall submit
to the congressional defense committees a report setting forth the
following:
(1) The amount of, and a schedule for, payments to the Foundation by
the Secretary that are in addition to the payment provided under
subsection (a).
(2) A plan to ensure that the Secretary makes no other payments to
support the educational activities referred to in subsection (b)(2)
after September 30, 2002.
SEC. 3168. IMPROVEMENTS TO GREENVILLE ROAD, LIVERMORE, CALIFORNIA.
From amounts authorized to be appropriated or otherwise made
available to the Department of Energy by this title, funds shall be
available for improvements to Greenville Road, Livermore, California, as
follows:
(1) $3,500,000 in fiscal year 1998.
(2) $3,300,000 in fiscal year 1999.
SEC. 3169. REPORT ON ALTERNATIVE SYSTEM FOR AVAILABILITY OF FUNDS.
(a) Report.--Not later than October 1, 1998, the Secretary of Energy
shall submit to Congress a report assessing how the Department of Energy
could carry out a transition from a no-year funding system to a
limited-period funding system.
(b) Matters Covered.--The report shall cover the following matters:
(1) A conceptual proposal on how the no-year funding system could be
phased out.
(2) An estimate of the cost of making the transition to a
limited-period funding system.
(3) A description of the programmatic effects that could occur if
the no-year funding system is eliminated.
(4) A delineation of activities for which the no-year funding system
should be retained.
(c) Definitions.--In this section:
(1) The term ``no-year funding system'' means a funding system in
which funds are available to the Department of Energy until expended.
(2) The term ``limited-period funding system'' means a funding
system in which funds are available to the Department of Energy for a
limited period of time.
SEC. 3170. REPORT ON REMEDIATION UNDER THE FORMERLY UTILIZED
SITES REMEDIAL ACTION PROGRAM.
Not later than March 1, 1998, the Secretary of Energy shall submit to
Congress a report containing information responding to the following
questions regarding the Formerly Utilized Sites Remedial Action Program:
(1) How many Formerly Utilized Sites remain to be remediated, what
portions of these remaining sites have completed remediation (including
any offsite contamination), what portions of the sites remain to be
remediated (including any offsite contamination), what types of
contaminants are present at each site, and what are the projected
timeframes for completing remediation at each site?
(2) What is the cost of the remaining response actions necessary to
address actual or threatened releases of hazardous substances at each
Formerly Utilized Site, including any contamination that is present
beyond the perimeter of the facilities?
(3) For each site, how much will it cost to remediate the
radioactive contamination, and how much will it cost to remediate the
non-radioactive contamination?
(4) How many sites potentially involve private parties that could be
held responsible for remediation costs, including remediation costs
related to offsite contamination?
(5) What type of agreements under the Formerly Utilized Sites
Remedial Action Program have been entered into with private parties to
resolve the level of liability for remediation costs at these
facilities, and to what extent have these agreements been tied to a
distinction between radioactive and non-radioactive contamination
present at these sites?
(6) What efforts have been undertaken by the Department to ensure
that the settlement agreements entered into with private parties to
resolve liability for remediation costs at these facilities have been
consistent on a program wide basis?
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1998,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR FACILITIES.
(a) Reporting Requirement.--The Defense Nuclear Facilities Safety
Board (in this section referred to as the ``Board'') shall prepare a
report and make recommendations on its role in the Department of
Energy's decision to establish external regulation of defense nuclear
facilities. The report shall include the following:
(1) An assessment of the value of and the need for the Board to
continue to perform the functions specified under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
(2) An assessment of the relationship between the functions of the
Board and a proposal by the Department of Energy to place Department of
Energy defense nuclear facilities under the jurisdiction of external
regulatory agencies.
(3) An assessment of the functions of the Board and whether there is
a need to modify or amend such functions.
(4) An assessment of the relative advantages and disadvantages to
the Department and the public of continuing the functions of the Board
with respect to Department of Energy defense nuclear facilities and
replacing the activities of the Board with external regulation of such
facilities.
(5) A list of all existing or planned Department of Energy defense
nuclear facilities that are similar to facilities under the regulatory
jurisdiction of the Nuclear Regulatory Commission.
(6) A list of all Department of Energy defense nuclear facilities
that are in compliance with all applicable Department of Energy orders,
regulations, and requirements relating to the design, construction,
operation, and decommissioning of defense nuclear facilities.
(7) A list of all Department of Energy defense nuclear facilities
that have implemented, pursuant to an implementation plan,
recommendations made by the Board and accepted by the Secretary of
Energy.
(8) A list of Department of Energy defense nuclear facilities that
have a function related to Department weapons activities.
(9)(A) A list of each existing defense nuclear facility that the
Board determines--
(i) should continue to stay within the jurisdiction of the Board for
a period of time or indefinitely; and
(ii) should come under the jurisdiction of an outside regulatory
authority.
(B) An explanation of the determinations made under subparagraph (A).
(10) For any existing facilities that should, in the opinion of the
Board, come under the jurisdiction of an outside regulatory authority,
the date when this move would occur and the period of time necessary for
the transition.
(11) A list of any proposed Department of Energy defense nuclear
facilities that should come under the Board's jurisdiction.
(12) An assessment of regulatory and other issues associated with
the design, construction, operation, and decommissioning of facilities
that are not owned by the Department of Energy but which would provide
services to the Department of Energy.
(13) An assessment of the role of the Board, if any, in
privatization projects undertaken by the Department.
(14) An assessment of the role of the Board, if any, in any tritium
production facilities.
(15) An assessment of the comparative advantages and disadvantages
to the Department of Energy in the event some or all Department of
Energy defense nuclear facilities were no longer included in the
functions of the Board and were regulated by the Nuclear Regulatory
Commission.
(16) A comparison of the cost, as identified by the Nuclear
Regulatory Commission, that would be incurred at a gaseous diffusion
plant to comply with regulations issued by the Nuclear Regulatory
Commission, with the cost that would be incurred by a gaseous diffusion
plant if such a plant was considered to be a Department of Energy
defense nuclear facility as defined by chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C 2286 et seq.).
(b) Comments on Report.--Before submission of the report to Congress
under subsection (c), the Board shall transmit the report to the
Secretary of Energy and the Nuclear Regulatory Commission. The Secretary
and the Commission shall provide their comments on the report to both
the Board and to Congress.
(c) Submission to Congress.--Not later than six months after the date
of the enactment of this Act, the Board shall provide to Congress an
interim report on the status of the implementation of this section. Not
later than one year after the date of the enactment of this Act, and not
earlier than 30 days after receipt of comments from the Secretary of
Energy and the Nuclear Regulatory Commission under subsection (b), the
Board shall submit to Congress the report required under subsection (a).
(d) Definition.--In this section, the term ``Department of Energy
defense nuclear facility'' has the meaning provided by section 318 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National
Defense Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and
critical materials.
Sec. 3307. Return of surplus platinum from the Department of the
Treasury.
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction Fund'' means
the fund in the Treasury of the United States established under section
9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h(a)).
(3) The term ``Market Impact Committee'' means the Market Impact
Committee established under section 10(c) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h 1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 1998, the
National Defense Stockpile Manager may obligate up to $73,000,000 of the
funds in the National Defense Stockpile Transaction Fund for the
authorized uses of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)).
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional
obligations described in the notification after the end of the
45-day period beginning on the date Congress receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3303. DISPOSAL OF BERYLLIUM COPPER MASTER ALLOY IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorization.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)),
the National Defense Stockpile Manager may dispose of all beryllium
copper master alloy from the National Defense Stockpile as part of
continued efforts to modernize the Stockpile.
(b) Precondition for Disposal.--Before beginning the disposal of
beryllium copper master alloy under subsection (a), the National Defense
Stockpile Manager shall certify to Congress that the disposal of
beryllium copper master alloy will not adversely affect the capability
of the National Defense Stockpile to supply the strategic and critical
material needs of the United States.
(c) Consultation With Market Impact Committee.--In disposing of
beryllium copper master alloy under subsection (a), the National Defense
Stockpile Manager shall consult with the Market Impact Committee to
ensure that the disposal of beryllium copper master alloy does not
disrupt the domestic beryllium industry.
(d) Extended Sales Contracts.--The National Defense Stockpile Manager
shall provide for the use of long-term sales contracts for the disposal
of beryllium copper master alloy under subsection (a) so that the
domestic beryllium industry can re-absorb this material into the market
in a gradual and nondisruptive manner. However, no such contract shall
provide for the disposal of beryllium copper master alloy over a period
longer than eight years, beginning on the date of the commencement of
the first contract under this section.
(e) Relationship to Other Disposal Authority.--The disposal authority
provided in subsection (a) is new disposal authority and is in addition
to, and shall not affect, any other disposal authority provided by law
regarding materials in the National Defense Stockpile.
(f) Beryllium Copper Master Alloy Defined.--For purposes of this
section, the term ``beryllium copper master alloy'' means an alloy of
nominally four percent beryllium in copper.
SEC. 3304. DISPOSAL OF TITANIUM SPONGE IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (b), the National
Defense Stockpile Manager shall dispose of 34,800 short tons of titanium
sponge contained in the National Defense Stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c) and excess to stockpile requirements.
(b) Consultation With Market Impact Committee.--In disposing of
titanium sponge under subsection (a), the National Defense Stockpile
Manager shall consult with the Market Impact Committee to ensure that
the disposal of titanium sponge does not disrupt the domestic titanium
industry.
(c) Relationship to Other Disposal Authority.--The disposal authority
provided in subsection (a) is new disposal authority and is in addition
to, and shall not affect, any other disposal authority provided by law
regarding materials in the National Defense Stockpile.
SEC. 3305. DISPOSAL OF COBALT IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsections (b) and (c), the
President shall dispose of cobalt contained in the National Defense
Stockpile so as to result in receipts to the United States in amounts
equal to--
(1) $20,000,000 during fiscal year 2003;
(2) $30,000,000 during fiscal year 2004;
(3) $34,000,000 during fiscal year 2005;
(4) $34,000,000 during fiscal year 2006; and
(5) $34,000,000 during fiscal year 2007.
(b) Limitation on Disposal Quantity.--The total quantity of cobalt
authorized for disposal by the President under subsection (a) may not
exceed 14,058,014 pounds.
(c) Minimization of Disruption and Loss.--The President may not
dispose of cobalt under subsection (a) to the extent that the disposal
will result in--
(1) undue disruption of the usual markets of producers, processors,
and consumers of cobalt; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds
received as result of the disposal of cobalt under subsection (a) shall
be deposited into the general fund of the Treasury.
(e) Relationship to Other Disposal Authority.--The disposal authority
provided in subsection (a) is new disposal authority and is in addition
to, and shall not affect, any other disposal authority provided by law
regarding materials in the National Defense Stockpile.
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF STRATEGIC AND
CRITICAL MATERIALS.
Section 6(b) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e(b)) is amended in the first sentence by striking out
``materials from the stockpile shall be made by formal advertising or
competitive negotiation procedures.'' and inserting in lieu thereof
``strategic and critical materials from the stockpile shall be made in
accordance with the next sentence.''.
SEC. 3307. RETURN OF SURPLUS PLATINUM FROM THE DEPARTMENT OF
THE TREASURY.
(a) Return of Platinum to Stockpile.--Subject to subsection (b), the
Secretary of the Treasury, upon the request of the Secretary of Defense,
shall return to the Secretary of Defense for sale or other disposition
platinum of the National Defense Stockpile that has been loaned to the
Department of the Treasury by the Secretary of Defense, acting as the
stockpile manager. The quantity requested and required to be returned
shall be any quantity that the Secretary of Defense determines
appropriate for sale or other disposition.
(b) Alternative Transfer of Funds.--The Secretary of the Treasury,
with the concurrence of the Secretary of Defense, may transfer to the
Secretary of Defense funds in a total amount that is equal to the fair
market value of any platinum requested under subsection (a) and not
returned. A transfer of funds under this subsection shall be a
substitute for a return of platinum under subsection (a). Upon a
transfer of funds as a substitute for a return of platinum, the platinum
shall cease to be part of the National Defense Stockpile. A transfer of
funds under this subsection shall be charged to any appropriation for
the Department of the Treasury and shall be credited to the National
Defense Stockpile Transaction Fund.
(c) Responsibility for Costs.--The return of platinum under
subsection (a) by the Secretary of the Treasury shall be made without
the expenditure of any funds available to the Department of Defense. The
Secretary of the Treasury shall be responsible for all costs incurred in
connection with the return, such as transportation, storage, testing,
refining, or casting costs.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during
fiscal year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office
of Naval Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves
Numbered 1 and 3.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary of
Energy $117,000,000 for fiscal year 1998 for the purpose of carrying out
activities under chapter 641 of title 10, United States Code, relating
to the naval petroleum reserves (as defined in section 7420(2) of such
title). Funds appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1998.
Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1998, any sale of any part of the United States share
of petroleum produced from Naval Petroleum Reserves Numbered 1, 2, and 3
shall be made at a price not less than 90 percent of the current sales
price, as estimated by the Secretary of Energy, of comparable petroleum
in the same area.
SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO
OFFICE OF NAVAL PETROLEUM AND OIL SHALE RESERVES.
Section 2 of Public Law 96 137 (42 U.S.C. 7156a) is repealed.
SEC. 3404. TRANSFER OF JURISDICTION, NAVAL OIL SHALE RESERVES
NUMBERED 1 AND 3.
(a) Transfer Required.--Chapter 641 of title 10, United States Code,
is amended by adding at the end the following new section:
``7439. Certain oil shale reserves: transfer of jurisdiction
and petroleum exploration, development, and production
``(a) Transfer Required.--(1) Upon the enactment of this section, the
Secretary of Energy shall transfer to the Secretary of the Interior
administrative jurisdiction over all public domain lands included within
Oil Shale Reserve Numbered 1 and those public domain lands included
within the undeveloped tracts of Oil Shale Reserve Numbered 3.
``(2) Not later than one year after the date of the enactment of this
section, the Secretary of Energy shall transfer to the Secretary of the
Interior administrative jurisdiction over those public domain lands
included within the developed tract of Oil Shale Reserve Numbered 3,
which consists of approximately 6,000 acres and 24 natural gas wells,
together with pipelines and associated facilities.
``(3) Notwithstanding the transfer of jurisdiction, the Secretary of
Energy shall continue to be responsible for all environmental
restoration, waste management, and environmental compliance activities
that are required under Federal and State laws with respect to
conditions existing on the lands at the time of the transfer.
``(4) Upon the transfer to the Secretary of the Interior of
jurisdiction over public domain lands under this subsection, the other
provisions of this chapter shall cease to apply with respect to the
transferred lands.
``(b) Authority To Lease.--(1) Beginning on the date of the enactment
of this section, or as soon thereafter as practicable, the Secretary of
the Interior shall enter into leases with one or more private entities
for the purpose of exploration for, and development and production of,
petroleum (other than in the form of oil shale) located on or in public
domain lands in Oil Shale Reserves Numbered 1 and 3 (including the
developed tract of Oil Shale Reserve Numbered 3). Any such lease shall
be made in accordance with the requirements of the Mineral Leasing Act
(30 U.S.C. 181 et seq.) regarding the lease of oil and gas lands and
shall be subject to valid existing rights.
``(2) Notwithstanding the delayed transfer of the developed tract of
Oil Shale Reserve Numbered 3 under subsection (a)(2), the Secretary of
the Interior shall enter into a lease under paragraph (1) with respect
to the developed tract before the end of the one-year period beginning
on the date of the enactment of this section.
``(c) Management.--The Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall manage the lands
transferred under subsection (a) in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
laws applicable to the public lands.
``(d) Transfer of Existing Equipment.--The lease of lands by the
Secretary of the Interior under this section may include the transfer,
at fair market value, of any well, gathering line, or related equipment
owned by the United States on the lands transferred under subsection (a)
and suitable for use in the exploration, development, or production of
petroleum on the lands.
``(e) Cost Minimization.--The cost of any environmental assessment
required pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in connection with a proposed lease under this
section shall be paid out of unobligated amounts available for
administrative expenses of the Bureau of Land Management.
``(f) Treatment of Receipts.--(1) Notwithstanding section 35 of the
Mineral Leasing Act (30 U.S.C. 191), all moneys received during the
period specified in paragraph (2) from a lease under this section
(including moneys in the form of sales, bonuses, royalties (including
interest charges collected under the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be
covered into the Treasury of the United States and shall not be subject
to distribution to the States pursuant to subsection (a) of such section
35. Subject to a specific authorization and appropriation for this
purpose, such moneys may be used for reimbursement of environmental
restoration, waste management, and environmental compliance costs
incurred by the United States with respect to the lands transferred
under subsection (a).
``(2) The period referred to in this subsection is the period
beginning on the date of the enactment of this section and ending on the
date on which the Secretary of Energy and the Secretary of the Interior
jointly certify to Congress that the sum of the moneys deposited in the
Treasury under paragraph (1) is equal to the total of the following:
``(A) The cost of all environmental restoration, waste management,
and environmental compliance activities incurred by the United States
with respect to the lands transferred under subsection (a).
``(B) The cost to the United States to originally install wells,
gathering lines, and related equipment on the transferred lands and any
other cost incurred by the United States with respect to the lands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7439. Certain oil shale reserves: transfer of jurisdiction and
petroleum exploration, development, and production.''.
TITLE XXXV--PANAMA CANAL COMMISSION
SUBTITLE A--AUTHORIZATION OF EXPENDITURES FROM REVOLVING FUND
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
SUBTITLE B--FACILITATION OF PANAMA CANAL TRANSITION
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
PART I--TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND EMPLOYEES
Sec. 3521. Authority for the Administrator of the Commission to
accept appointment as the Administrator of the Panama Canal Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish
compensation of Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for
Commission personnel no longer subject to Federal travel regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for
severance pay for certain employees separated by Panama Canal Authority
after Canal Transfer Date.
PART II--TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF
CANAL
Sec. 3541. Establishment of procurement system and Board of
Contract Appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain
regulatory functions relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
Subtitle A--Authorization of Expenditures From Revolving Fund
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1998''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal Revolving
Fund to make such expenditures within the limits of funds and borrowing
authority available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the Panama Canal
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
improvement, and administration of the Panama Canal for fiscal year
1998.
(b) Limitations.--For fiscal year 1998, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$85,000 for official reception and representation expenses, of which--
(1) not more than $23,000 may be used for official reception and
representation expenses of the Supervisory Board of the Commission;
(2) not more than $12,000 may be used for official reception and
representation expenses of the Secretary of the Commission; and
(3) not more than $50,000 may be used for official reception and
representation expenses of the Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Commission shall be available for the purchase and transportation to
the Republic of Panama of passenger motor vehicles, the purchase price
of which shall not exceed $22,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
Subtitle B--Facilitation of Panama Canal Transition
SEC. 3511. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Panama Canal
Transition Facilitation Act of 1997''.
(b) References.--Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding at the end the
following new subsection:
``(d) For purposes of this Act:
``(1) The term `Canal Transfer Date' means December 31, 1999, such
date being the date specified in the Panama Canal Treaty of 1977 for the
transfer of the Panama Canal from the United States of America to the
Republic of Panama.
``(2) The term `Panama Canal Authority' means the entity created by
the Republic of Panama to succeed the Panama Canal Commission as of the
Canal Transfer Date.''.
PART I--TRANSITION MATTERS RELATING TO COMMISSION OFFICERS
AND EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE COMMISSION
TO ACCEPT APPOINTMENT AS THE ADMINISTRATOR OF THE PANAMA CANAL
AUTHORITY.
(a) Authority for Dual Role.--Section 1103 (22 U.S.C. 3613) is
amended by adding at the end the following new subsection:
``(c) The Congress consents, for purposes of the 8th clause of
article I, section 9 of the Constitution of the United States, to the
acceptance by the individual serving as Administrator of
the Commission of appointment by the Republic of Panama to the
position of Administrator of the Panama Canal Authority. Such consent is
effective only if that individual, while serving in both such positions,
serves as Administrator of the Panama Canal Authority without
compensation, except for payments by the Republic of Panama of travel
and entertainment expenses, including per diem payments.''.
(b) Waiver of Ethics and Reporting Requirements.--Such section is
further amended by adding at the end the following new subsection:
``(d) If before the Canal Transfer Date the Republic of Panama
appoints as the Administrator of the Panama Canal Authority the
individual serving as the Administrator of the Commission and if that
individual accepts the appointment--
``(1) during any period during which that individual serves as both
Administrator of the Commission and the Administrator of the Panama
Canal Authority--
``(A) the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.), shall not apply to that individual with respect to
service as the Administrator of the Panama Canal Authority;
``(B) that individual, with respect to participation in any
particular matter as the Administrator of the Panama Canal Commission,
is not subject to section 208(a) of title 18, United States Code,
insofar as that section would otherwise apply to that matter only
because the matter will have a direct and predictable effect on the
financial interest of the Panama Canal Authority;
``(C) that individual is not subject to sections 203 and 205 of
title 18, United States Code, with respect to official acts performed as
an agent or attorney for or otherwise representing the Panama Canal
Authority; and
``(D) that individual is not subject to sections 501(a) and
502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C. App.), with
respect to compensation received for, and service in, the position of
Administrator of the Panama Canal Authority; and
``(2) effective upon termination of the individual's appointment as
Administrator of the Panama Canal Commission at noon on the Canal
Transfer Date, that individual is not subject to section 207 of title
18, United States Code, with respect to acts done in carrying out
official duties as Administrator of the Panama Canal Authority.''.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORITIES.
(a) Waiver of Certain Post-employment Restrictions for Commission
Personnel Becoming Employees of the Panama Canal Authority.--Section
1112 (22 U.S.C. 3622) is amended by adding at the end the following new
subsection:
``(e)(1) Section 207 of title 18, United States Code, does not apply
to a covered individual with respect to acts done in carrying out
official duties as an officer or employee of the Panama Canal Authority.
``(2) For purposes of paragraph (1), a covered individual is an
officer or employee of the Panama Canal Authority who was an officer or
employee of the Commission (other than the Administrator) and whose
employment with the Commission terminated at noon on the Canal Transfer
Date.
``(3) This subsection is effective as of the Canal Transfer Date.''.
(b) Consent of Congress for Acceptance by Reserve and Retired Members
of the Uniformed Services of Employment by Panama Canal Authority.--Such
section is further amended by adding after subsection (e), as added by
subsection (a), the following new subsection:
``(f)(1) The Congress consents to the following persons accepting
civil employment (and compensation for that employment) with the Panama
Canal Authority for which the consent of the Congress is required by the
last paragraph of section 9 of article I of the Constitution of the
United States, relating
to acceptance of emoluments, offices, or titles from a foreign
government:
``(A) Retired members of the uniformed services.
``(B) Members of a reserve component of the armed forces.
``(C) Members of the Commissioned Reserve Corps of the Public Health
Service.
``(2) The consent of the Congress under paragraph (1) is effective
without regard to subsection (b) of section 908 of title 37, United
States Code (relating to approval required for employment of Reserve and
retired members by foreign governments).''.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH
COMPENSATION OF COMMISSION OFFICERS AND EMPLOYEES.
(a) Repeal of Limitations on Commission Authority.--The following
provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary protection
upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to minimum level of pay
and minimum annual increases.
(b) Savings Provision.--Section 1202 (22 U.S.C. 3642) is amended by
adding at the end the following new subsection:
``(c) In the case of an individual who is an officer or employee of
the Commission on the day before the date of the enactment of the Panama
Canal Transition Facilitation Act of 1997 and who has not had a break in
service with the Commission since that date, the rate of basic pay for
that officer or employee on or after that date may not be less than the
rate in effect for that officer or employee on the day before that date
of enactment except--
``(1) as provided in a collective bargaining agreement;
``(2) as a result of an adverse action against the officer or
employee; or
``(3) pursuant to a voluntary demotion.''.
(c) Cross-Reference Amendments.--(1) Section 1216 (22 U.S.C. 3656) is
amended by striking out ``1215'' and inserting in lieu thereof ``1202''.
(2) Section 1218 (22 U.S.C. 3658) is amended by striking out ``1215''
and ``1217'' and inserting in lieu thereof ``1202'' and ``1217(a)'',
respectively.
(d) Nonapplicability to Agencies in Panama Other Than Panama Canal
Commission.--Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
striking out ``or the Panama Canal Act Amendments of 1996'' and
inserting in lieu thereof ``, the Panama Canal Act Amendments of 1996
(subtitle B of title XXXV of Public Law 104 201; 110 Stat. 2860), or the
Panama Canal Transition Facilitation Act of 1997''.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE EXPENSES
FOR COMMISSION PERSONNEL NO LONGER SUBJECT TO FEDERAL TRAVEL REGULATION.
(a) Repeal of Applicability of Title 5 Provisions.--(1) Section 1210
(22 U.S.C. 3650) is amended by striking out subsections (a), (b), and
(c).
(2) Section 1224 (22 U.S.C. 3664) is amended--
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through (20) as paragraphs (10)
through (19), respectively.
(b) Conforming Amendments.--(1) Section 1210 is further amended--
(A) by redesignating subsection (d)(1) as subsection (a) and in that
subsection striking out ``paragraph (2)'' and inserting in lieu thereof
``subsection (b)''; and
(B) by redesignating subsection (d)(2) as subsection (b) and in that
subsection--
(i) striking out ``Notwithstanding paragraph (1), an'' and inserting
in lieu thereof ``An''; and
(ii) striking out ``referred to in paragraph (1)'' and inserting in
lieu thereof ``who is a citizen of the Republic of Panama''.
(2) The heading of such section is amended to read as follows:
``AIR TRANSPORTATION''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1999.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AUTHORITIES.
(a) Recruitment, Relocation, and Retention Bonuses.--Section 1217 (22
U.S.C. 3657) is amended--
(1) by redesignating subsection (c) as subsection (e);
(2) in subsection (e) (as so redesignated), by striking out ``for
the same or similar work performed in the United States by individuals
employed by the Government of the United States'' and inserting in lieu
thereof ``of the individual to whom the compensation is paid''; and
(3) by inserting after subsection (b) the following new subsections:
``(c)(1) The Commission may pay a recruitment bonus to an individual
who is newly appointed to a position with the Commission, or a
relocation bonus to an employee of the Commission who must relocate to
accept a position, if the Commission determines that the Commission
would be likely, in the absence of such a bonus, to have difficulty in
filling the position.
``(2) A recruitment or relocation bonus may be paid to an employee
under this subsection only if the employee enters into an agreement with
the Commission to complete a period of employment established in the
agreement. If the employee voluntarily fails to complete such period of
employment or is separated from service in such employment as a result
of an adverse action before the completion of such period, the employee
shall repay the entire amount of the bonus.
``(3) A recruitment or relocation bonus under this subsection may be
paid as a lump sum. A bonus under this subsection may not be considered
to be part of the basic pay of an employee.
``(d)(1) The Commission may pay a retention bonus to an employee of
the Commission if the Commission determines that--
``(A) the employee has unusually high or unique qualifications and
those qualifications make it essential for the Commission to retain the
employee for a period specified by the Commission ending not later than
the Canal Transfer Date, or the Commission otherwise has a special need
for the services of the employee making it essential for the Commission
to retain the employee for a period specified by the Commission ending
not later than the Canal Transfer Date; and
``(B) the employee would be likely to leave employment with the
Commission before the end of that period if the retention bonus is not
paid.
``(2) A retention bonus under this subsection--
``(A) shall be in a fixed amount;
``(B) shall be paid on a pro rata basis (over the period specified
by the Commission as essential for the retention of the employee), with
such payments to be made at the same time and in the same manner as
basic pay; and
``(C) may not be considered to be part of the basic pay of an
employee.
``(3) A decision by the Commission to exercise or to not exercise the
authority to pay a bonus under this subsection shall not be subject to
review under any statutory procedure or any agency or negotiated
grievance procedure except under any of the laws referred to in section
2302(d) of title 5, United States Code.''.
(b) Educational Services.--Section 1321(e)(2) (22 U.S.C. 3731(e)(2))
is amended by striking out ``and persons'' and inserting in lieu thereof
``, to other Commission employees when determined by the Commission to
be necessary for their recruitment or retention, and to other persons''.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAYMENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended by adding at
the end of subchapter III the following new section:
``TRANSITION SEPARATION INCENTIVE PAYMENTS
`` Sec. 1233. (a) In applying to the Commission and employees of the
Commission the provisions of section 663 of the Treasury, Postal
Service, and General Government Appropriations Act, 1997 (as contained
in section 101(f) of division A of Public Law 104 208; 110 Stat. 3009
383), relating to voluntary separation incentives for employees of
certain Federal agencies (in this section referred to as `section
663')--
``(1) the term `employee' shall mean an employee of the Commission
who has served in the Republic of Panama in a position with the
Commission for a continuous period of at least three years immediately
before the employee's separation under an appointment without time
limitation and who is covered under the Civil Service Retirement System
or the Federal Employees' Retirement System under subchapter III of
chapter 83 or chapter 84, respectively, of title 5, United States Code,
other than--
``(A) an employee described in any of subparagraphs (A) through (F)
of subsection (a)(2) of section 663; or
``(B) an employee of the Commission who, during the 24-month period
preceding the date of separation, has received a recruitment or
relocation bonus under section 1217(c) of this Act or who, within the
12-month period preceding the date of separation, received a retention
bonus under section 1217(d) of this Act;
``(2) the strategic plan under subsection (b) of section 663 shall
include (in lieu of the matter specified in subsection (b)(2) of that
section)--
``(A) the positions to be affected, identified by occupational
category and grade level;
``(B) the number and amounts of separation incentive payments to be
offered; and
``(C) a description of how such incentive payments will facilitate
the successful transfer of the Panama Canal to the Republic of Panama;
``(3) a separation incentive payment under section 663 may be paid
to a Commission employee only to the extent necessary to facilitate the
successful transfer of the Panama Canal by the United States of America
to the Republic of Panama as required by the Panama Canal Treaty of
1977;
``(4) such a payment--
``(A) may be in an amount determined by the Commission not to exceed
$25,000; and
``(B) may be made (notwithstanding the limitation specified in
subsection (c)(2)(D) of section 663) in the case of an eligible employee
who voluntarily separates (whether by retirement or resignation) during
the 90-day period beginning on the date of the enactment of this section
or during the period beginning on October 1, 1998, and ending on
December 31, 1998;
``(5) in the case of not more than 15 employees who (as determined
by the Commission) are unwilling to work for the Panama Canal Authority
after the Canal Transfer Date and who occupy critical positions for
which (as determined by the Commission) at least two years of experience
is necessary to ensure that seasoned managers are in place on and after
the Canal Transfer Date, such a payment (notwithstanding paragraph
(4))--
``(A) may be in an amount determined by the Commission not to exceed
50 percent of the basic pay of the employee; and
``(B) may be made (notwithstanding the limitation specified in
subsection (c)(2)(D) of section 663) in the case of such an employee who
voluntarily separates (whether by retirement or resignation) during the
90-day period beginning on the date of the enactment of this section;
and
``(6) the provisions of subsection (f) of section 663 shall not apply.
``(b) A decision by the Commission to exercise or to not exercise the
authority to pay a transition separation incentive under this section
shall not be subject to review under any statutory procedure or any
agency or negotiated grievance procedure except under any of the laws
referred to in section 2302(d) of title 5, United States Code.''.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding at the end the
following new subsection:
``(c)(1) This subsection applies to any matter that becomes the
subject of collective bargaining between the Commission and the
exclusive representative for any bargaining unit of employees of the
Commission during the period beginning on the date of the enactment of
this subsection and ending on the Canal Transfer Date.
``(2)(A) The resolution of impasses resulting from collective
bargaining between the Commission and any such exclusive representative
during that period shall be conducted in accordance with such procedures
as may be mutually agreed upon between the Commission and the exclusive
representative (without regard to any otherwise applicable provisions of
chapter 71 of title 5, United States Code). Such mutually agreed upon
procedures shall become effective upon transmittal by the Chairman of
the Supervisory Board of the Commission to the Congress of notice of the
agreement to use those procedures and a description of those procedures.
``(B) The Federal Services Impasses Panel shall not have jurisdiction
to resolve any impasse between the Commission and any such exclusive
representative in negotiations over a procedure for resolving impasses.
``(3) If the Commission and such an exclusive representative do not
reach an agreement concerning a procedure for resolving impasses with
respect to a bargaining unit and transmit
notice of the agreement under paragraph (2) on or before July
1, 1998, the following shall be the procedure by which collective
bargaining impasses between the Commission and the exclusive
representative for that bargaining unit shall be resolved:
``(A) If bargaining efforts do not result in an agreement, either
party may timely request the Federal Mediation and Conciliation Service
to assist in achieving an agreement.
``(B) If an agreement is not reached within 45 days after the date
on which either party requests the assistance of the Federal Mediation
and Conciliation Service in writing (or within such shorter period as
may be mutually agreed upon by the parties), the parties shall be
considered to be at an impasse and the Federal Mediation and
Conciliation Service shall immediately notify the Federal Services
Impasses Panel of the Federal Labor Relations Authority, which shall
decide the impasse.
``(C) If the Federal Services Impasses Panel fails to issue a
decision within 90 days after the date on which notice under
subparagraph (B) is received by the Panel (or within such shorter period
as may be mutually agreed upon by the parties), the efforts of the Panel
shall be terminated.
``(D) In such a case, the Chairman of the Panel (or another member
in the absence of the Chairman) shall immediately determine the matter
by a drawing (conducted in such manner as the Chairman (or, in the
absence of the Chairman, such other member) determines appropriate)
between the last offer of the Commission and the last offer of the
exclusive representative, with the offer chosen through such drawing
becoming the binding resolution of the matter.
``(4) In the case of a notice of agreement described in paragraph
(2)(A) that is transmitted to the Congress as described in the second
sentence of that paragraph after July 1, 1998, the impasse resolution
procedures covered by that notice shall apply to any impasse between the
Commission and the other party to the agreement that is unresolved on
the date on which that notice is transmitted to the Congress.''.
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING FUND FOR
SEVERANCE PAY FOR CERTAIN EMPLOYEES SEPARATED BY PANAMA CANAL AUTHORITY
AFTER CANAL TRANSFER DATE.
(a) Availability of Revolving Fund.--Section 1302(a) (22 U.S.C.
3712(a)) is amended by adding at the end the following new paragraph:
``(10) Payment to the Panama Canal Authority, not later than the
Canal Transfer Date, of such amount as is computed by the Commission to
be the future amount of severance pay to be paid by the Panama Canal
Authority to employees whose employment with the Authority is
terminated, to the extent that such severance pay is attributable to
periods of service performed with the Commission before the Canal
Transfer Date (and assuming for purposes of such computation that the
Panama Canal Authority, in paying severance pay to terminated employees,
will provide for crediting of periods of service with the
Commission).''.
(b) Stylistic Amendments.--Such section is further amended--
(1) by striking out ``for--'' in the matter preceding paragraph (1)
and inserting in lieu thereof ``for the following purposes:'';
(2) by capitalizing the initial letter of the first word in each of
paragraphs (1) through (9);
(3) by striking out the semicolon at the end of each of paragraphs
(1) through (7) and inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraph (8) and
inserting in lieu thereof a period.
PART II--TRANSITION MATTERS RELATING TO OPERATION AND
ADMINISTRATION OF CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD OF
CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is
amended by inserting after the title heading the following new chapter:
``CHAPTER 1-- PROCUREMENT
``procurement system
``Sec. 3101. (a) Panama Canal Acquisition Regulation.--(1) The
Commission shall establish by regulation a comprehensive procurement
system. The regulation shall be known as the `Panama Canal Acquisition
Regulation' (in this section referred to as the `Regulation') and shall
provide for the procurement of goods and services by the Commission in a
manner that--
``(A) applies the fundamental operating principles and procedures in
the Federal Acquisition Regulation;
``(B) uses efficient commercial standards of practice; and
``(C) is suitable for adoption and uninterrupted use by the Republic
of Panama after the Canal Transfer Date.
``(2) The Regulation shall contain provisions regarding the
establishment of the Panama Canal Board of Contract Appeals described in
section 3102.
``(b) Supplement to Regulation.--The Commission shall develop a
Supplement to the Regulation (in this section referred to as the
`Supplement') that identifies both the provisions of Federal law
applicable to procurement of goods and services by the Commission and
the provisions of Federal law waived by the Commission under subsection
(c).
``(c) Waiver Authority.--(1) Subject to paragraph (2), the Commission
shall determine which provisions of Federal law should not apply to
procurement by the Commission and may waive those laws for purposes of
the Regulation and Supplement.
``(2) For purposes of paragraph (1), the Commission may not waive--
``(A) section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423);
``(B) the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.),
other than section 10(a) of such Act (41 U.S.C. 609(a)); or
``(C) civil rights, environmental, or labor laws.
``(d) Consultation With Administrator for Federal Procurement
Policy.--In establishing the Regulation and developing the Supplement,
the Commission shall consult with the Administrator for Federal
Procurement Policy.
``(e) Effective Date.--The Regulation and the Supplement shall take
effect on the date of publication in the Federal Register, or January 1,
1999, whichever is earlier.
``panama canal board of contract appeals
``Sec. 3102. (a) Establishment.--(1) The Secretary of Defense, in
consultation with the Commission, shall establish a board of contract
appeals, to be known as the Panama Canal Board of Contract Appeals, in
accordance with section 8 of the Contract Disputes Act of 1978 (41
U.S.C. 607). Except as otherwise provided by this section, the Panama
Canal Board of Contract Appeals (in this section referred to as the
`Board') shall be subject to the Contract Disputes Act of 1978 (41
U.S.C. 601 et seq.) in the same manner as any other agency board of
contract appeals established under that Act.
``(2) The Board shall consist of three members. At least one member
of the Board shall be licensed to practice law in the Republic of
Panama. Individuals appointed to the Board shall take an oath of office,
the form of which shall be prescribed by the Secretary of Defense.
``(b) Exclusive Jurisdiction To Decide Appeals.--Notwithstanding
section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C.
609(a)(1)) or any other provision of law, the Board shall have exclusive
jurisdiction to decide an appeal from a decision of a contracting
officer under section 8(d) of such Act (41 U.S.C. 607(d)).
``(c) Exclusive Jurisdiction To Decide Protests.--The Board shall
decide protests submitted to it under this subsection by interested
parties in accordance with subchapter V of title 31, United States Code.
Notwithstanding section 3556 of that title, section 1491(b) of title 28,
United States Code, and any other provision of law, the Board shall have
exclusive jurisdiction to decide such protests. For purposes of this
subsection--
``(1) except as provided in paragraph (2), each reference to the
Comptroller General in sections 3551 through 3555 of title 31, United
States Code, is deemed to be a reference to the Board;
``(2) the reference to the Comptroller General in section
3553(d)(3)(C)(ii) of such title is deemed to be a reference to both the
Board and the Comptroller General;
``(3) the report required by paragraph (1) of section 3554(e) of
such title shall be submitted to the Comptroller General as well as the
committees listed in such paragraph;
``(4) the report required by paragraph (2) of such section shall be
submitted to the Comptroller General as well as Congress; and
``(5) section 3556 of such title shall not apply to the Board, but
nothing in this subsection shall affect the right of an interested party
to file a protest with the appropriate contracting officer.
``(d) Procedures.--The Board shall prescribe such procedures as may
be necessary for the expeditious decision of appeals and protests under
subsections (b) and (c).
``(e) Commencement.--The Board shall begin to function as soon as it
has been established and has prescribed procedures under subsection (d),
but not later than January 1, 1999.
``(f) Transition.--The Board shall have jurisdiction under subsection
(b) and (c) over any appeals and protests filed on or after the date on
which the Board begins to function. Any appeals and protests filed
before such date shall remain before the forum in which they were filed.
``(g) Other Functions.--The Board may perform functions similar to
those described in this section for such other matters or activities of
the Commission as the Commission may determine and in accordance with
regulations prescribed by the Commission.''.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AUTHORITY.
Section 1342 (22 U.S.C. 3752) is amended--
(1) by designating the text of the section as subsection (a); and
(2) by adding at the end the following new subsections:
``(b) The Commission may provide office space, equipment, supplies,
personnel, and other in-kind services to the Panama Canal Authority on a
nonreimbursable basis.
``(c) Any executive department or agency of the United States may, on
a reimbursable basis, provide to the Panama Canal Authority materials,
supplies, equipment, work, or services requested by the Panama Canal
Authority, at such rates as may be agreed upon by that department or
agency and the Panama Canal Authority.''.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR DAMAGES.
(a) Filing of Administrative Claims With Commission.--Sections
1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C. 3772) are each amended
in the last sentence by striking out ``within 2 years after'' and all
that follows through ``of 1985,'' and inserting in lieu thereof ``within
one year after the date of the injury or the date of the enactment of
the Panama Canal Transition Facilitation Act of 1997,''.
(b) Filing of Judicial Actions.--The penultimate sentence of section
1416 (22 U.S.C. 3776) is amended--
(1) by striking out ``one year'' the first place it appears and
inserting in lieu thereof ``180 days''; and
(2) by striking out ``claim, or'' and all that follows through ``of
1985,'' and inserting in lieu thereof ``claim or the date of the
enactment of the Panama Canal Transition Facilitation Act of 1997,''.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended--
(1) in the first sentence, by striking out ``supply ships, and
yachts'' and inserting in lieu thereof ``and supply ships''; and
(2) by adding at the end the following new sentence: ``Tolls for
small vessels (including yachts), as defined by the Commission, may be
set at rates determined by the Commission without regard to the
preceding provisions of this subsection.''.
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY.
Section 5(a) of the Panama Canal Commission Compensation Fund Act of
1988 (22 U.S.C. 3715c(a)) is amended by striking out ``Upon the
termination of the Panama Canal Commission'' and inserting in lieu
thereof ``By March 31, 1998''.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
``(g)(1) The Commission may appoint any United States citizen to have
the general powers of a notary public to perform, on behalf of
Commission employees and their dependents outside the United States, any
notarial act that a notary public is required or authorized to perform
within the United States. Unless an earlier expiration is provided by
the terms of the appointment, any such appointment shall expire three
months after the Canal Transfer Date.
``(2) Every notarial act performed by a person acting as a notary
under paragraph (1) shall be as valid, and of like force and effect
within the United States, as if executed by or before a duly authorized
and competent notary public in the United States.
``(3) The signature of any person acting as a notary under paragraph
(1), when it appears with the title of that person's office, is prima
facie evidence that the signature is genuine, that the person holds the
designated title, and that the person is authorized to perform a
notarial act.''.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the
following new subsection:
``(e) The Commission may conduct and promote commercial activities
related to the management, operation, or maintenance of the Panama
Canal. Any such commercial activity shall be carried out consistent with
the Panama Canal Treaty of 1977 and related agreements.''.
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION OF CERTAIN
REGULATORY FUNCTIONS RELATING TO EMPLOYMENT CLASSIFICATION APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a), 3662(a)) are amended
by striking out ``President'' and inserting in lieu thereof
``Commission''.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306(a) (22 U.S.C. 3714b(a)) is amended by striking out
``Section 501'' and inserting in lieu thereof ``Sections 501 through 517
and 1101 through 1123''.
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendments.--The table of contents in section 1 is
amended--
(1) by striking out the item relating to section 1210 and inserting
in lieu thereof the following:
``Sec. 1210. Air transportation.'';
(2) by striking out the items relating to sections 1215, 1219, and
1225;
(3) by inserting after the item relating to section 1232 the
following new item:
``Sec. 1233. Transition separation incentive payments.'';
and
(4) by inserting after the item relating to the heading of title III
the following:
``CHAPTER 1-- PROCUREMENT
``Sec. 3101. Procurement system.
``Sec. 3102. Panama Canal Board of Contract Appeals.''.
(b) Amendment To Reflect Prior Change in Compensation of
Administrator.--Section 5315 of title 5, United States Code, is amended
by striking out the following:
``Administrator of the Panama Canal Commission.''.
(c) Amendments To Reflect Change in Travel and Transportation
Expenses Authority.--(1) Section 5724(a)(3) of title 5, United States
Code, is amended by striking out ``, the Commonwealth of Puerto Rico,''
and all that follows through ``Panama Canal Act of 1979'' and inserting
in lieu thereof ``or the Commonwealth of Puerto Rico''.
(2) Section 5724a(j) of such title is amended--
(A) by inserting ``and'' after ``Northern Mariana Islands,''; and
(B) by striking out ``United States, and'' and all that follows
through the period at the end and inserting in lieu thereof ``United
States.''.
(3) The amendments made by this subsection shall take effect on
January 1, 1999.
(d) Miscellaneous Technical Amendments.--
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended by striking out
``the Canal Zone Code'' and all that follows through ``other laws'' the
second place it appears and inserting in lieu thereof ``laws of the
United States and regulations issued pursuant to such laws''.
(2)(A) The following provisions are each amended by striking out
``the effective date of this Act'' and inserting in lieu thereof
``October 1, 1979'': sections 3(b), 3(c), 1112(b), and 1321(c)(1).
(B) Section 1321(c)(2) is amended by striking out ``such effective
date'' and inserting in lieu thereof ``October 1, 1979''.
(C) Section 1231(c)(3)(A) (22 U.S.C. 3671(c)(3)(A)) is amended by
striking out ``the day before the effective date of this Act'' and
inserting in lieu thereof ``September 30, 1979''.
(3) Section 1102a(h), as redesignated by section 3546(1), is amended
by striking out ``section 1102B'' and inserting in lieu thereof
``section 1102b''.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is amended by striking
out ``section 16 of the Act of August 1, 1956 (22 U.S.C. 2680a),'' and
inserting in lieu thereof ``section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927)''.
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by striking
out ``as last in effect before the effective date of section 3530 of the
Panama Canal Act Amendments of 1996'' and inserting in lieu thereof ``as
in effect on September 22, 1996''.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is amended by striking
out ``retroactivity'' and inserting in lieu thereof ``retroactively''.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is amended by striking out
``sections 1302(c)'' and inserting in lieu thereof ``sections 1302(b)''.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning
relative cost of shipbuilding in the various coastal districts of the
United States.
Sec. 3603. Provisions relating to maritime security fleet program.
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank
vessel double hull requirements.
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1998.
Funds are hereby authorized to be appropriated for fiscal year 1998,
to be available without fiscal year limitation if so provided in
appropriations Act, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training activities,
$70,000,000.
(2) For expenses under the loan guarantee program authorized by
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
$39,000,000 of which--
(A) $35,000,000 is for the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $4,000,000 is for administrative expenses related to loan
guarantee commitments under the program.
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT REQUIREMENT
CONCERNING RELATIVE COST OF SHIPBUILDING IN THE VARIOUS COASTAL
DISTRICTS OF THE UNITED STATES.
(a) Repeal.--Section 213 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1123), is amended by striking out paragraph (c).
(b) Conforming Amendments.--Such section is further amended--
(1) by striking out ``on--'' in the matter preceding paragraph (a)
and inserting in lieu thereof ``on the following:'';
(2) by redesignating paragraphs (a) and (b) as paragraphs (1) and
(2), respectively;
(3) by striking out the semicolon at the end of each of those
paragraphs and inserting in lieu thereof a period; and
(4) by realigning those paragraphs so as to be indented 2 ems from
the left margin.
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY FLEET PROGRAM.
(a) Authority of Contractors To Operate Self-Propelled Tank Vessels
in Noncontiguous Domestic Trades.--Section 656(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1187e(b)) is amended by inserting ``(1)''
after ``(b)'', and by adding at the end the following new paragraph:
``(2) Subsection (a) shall not apply to operation by a contractor of
a self-propelled tank vessel in a noncontiguous domestic trade, or to
ownership by a contractor of an interest in a self-propelled tank vessel
that operates in a noncontiguous domestic trade.''.
(b) Relief From Delay in Certain Operations Following
Documentation.--Section 652(c) of the Merchant Marine Act, 1936 (46
U.S.C. 1187a(c)) is amended by adding at the end the following: ``The
restrictions of section 901(b)(1) of this Act concerning the building,
rebuilding, or documentation of a vessel in a foreign country shall not
apply to a vessel for any day the operator of that vessel is receiving
payments under an operating agreement under this subtitle.''.
SEC. 3604. AUTHORITY TO UTILIZE REPLACEMENT VESSELS AND CAPACITY.
Section 653(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1187b(d)(1)) is amended to read as follows:
``(1) a contractor or other person that commits to make available a
vessel or vessel capacity under the Emergency Preparedness Program or
another primary sealift readiness program approved by the Secretary of
Defense may, during the activation of that vessel or capacity under that
program, operate or employ in foreign commerce a foreign-flag vessel or
foreign-flag vessel capacity as a temporary replacement for the
activated vessel or capacity; and''.
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL.
(a) Authority To Convey.--The Secretary of Transportation may convey
all right, title, and interest of the United States Government in and to
the vessel GOLDEN BEAR (United States official number 239932) to the
Artship Foundation, located in Oakland, California (in this section
referred to as the ``recipient''), for use as a multi-cultural center
for the arts.
(b) Terms of Conveyance.--
(1) Delivery of vessel.--In carrying out subsection (a), the
Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(2) Required conditions.--The Secretary may not convey a vessel
under this section unless--
(A) the recipient agrees to hold the Government harmless for any
claims arising from exposure to hazardous material, including asbestos
and polychlorinated biphenyls, after conveyance of the vessel, except
for claims arising before the date of the conveyance or from use of the
vessel by the Government after that date; and
(B) the recipient has available, for use to restore the vessel, in
the form of cash, liquid assets, or a written loan commitment, financial
resources of at least $100,000.
(3) Additional terms.--The Secretary may require such additional
terms in connection with the conveyance
authorized by this section as the Secretary considers appropriate.
(c) Other Unneeded Equipment.--The Secretary may convey to the
recipient of the vessel conveyed under this section any unneeded
equipment from other vessels in the National Defense Reserve Fleet, for
use to restore the vessel conveyed under this section to museum quality.
SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PURPOSES OF TANK
VESSEL DOUBLE HULL REQUIREMENTS.
Section 3703a of title 46, United States Code, is amended by adding
at the end the following:
``(e)(1) For the purposes of this section and except as otherwise
provided in paragraphs (2) and (3) of this subsection, the gross tonnage
of a vessel shall be the gross tonnage that would have been recognized
by the Secretary on July 1, 1997, as the tonnage measured under section
14502 of this title, or as an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under section 14104
of this title.
``(2)(A) The Secretary may waive the application of paragraph (1) to
a tank vessel if--
``(i) the owner of the tank vessel applies to the Secretary for the
waiver before January 1, 1998;
``(ii) the Secretary determines that--
``(I) the owner of the tank vessel has entered into a binding
agreement to alter the tank vessel in a shipyard in the United States to
reduce the gross tonnage of the tank vessel by converting a portion of
the cargo tanks of the tank vessel into protectively located segregated
ballast tanks; and
``(II) that conversion will result in a significant reduction in the
risk of a discharge of oil;
``(iii) at least 60 days before the date of the issuance of the
waiver, the Secretary--
``(I) publishes notice that the Secretary has received the
application and made the determinations required by clause (ii),
including a description of the agreement entered into pursuant to clause
(ii)(I); and
``(II) provides an opportunity for submission of comments regarding
the application; and
``(iv) the alterations referred to in clause (ii)(I) are completed
before the later of--
``(I) the date by which the first special survey of the tank vessel
is required to be completed after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998; or
``(II) July 1, 1999.
``(B) A waiver under subparagraph (A) shall not be effective after
the expiration of the 3-year period beginning on the first date on which
the tank vessel would have been prohibited by subsection (c) from
operating if the alterations referred to in subparagraph (A)(ii)(I) were
not made.
``(3) This subsection does not apply to a tank vessel that, before
July 1, 1997, had undergone, or was the subject of a contract for,
alterations that reduce the gross tonnage of the tank vessel, as shown
by reliable evidence acceptable to the Secretary.''.
And the Senate agree to the same.
That the Senate recede from its amendment to the title of the bill.
From the Committee on National Security, for consideration of the
House bill and the Senate amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
(except for sections 355, 356, and 358 367),
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
Ron Lewis,
J.C. Watts, Jr.,
Saxby Chambliss,
Bob Riley,
Ike Skelton,
Norman Sisisky,
John M. Spratt, Jr.,
(except for the increase over the President's request for research
and development of a space-based laser and the statement of managers on
this program),
Solomon P. Ortiz,
Owen Pickett,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Jane Harman,
Paul McHale,
Patrick J. Kennedy,
Rod Blagojevich,
Vic Snyder,
As additional conferees from the Permanent Select Committee on
Intelligence, for consideration of matters within the jurisdiction of
that committee under clause 2 of rule XLVIII:
Porter J. Goss,
Jerry Lewis,
Norm Dicks,
As additional conferees from the Committee on Commerce for
consideration of sections 344, 601, 654, 735, 1021, 3143, 3144, 3201,
3202, 3402, and 3404 of the House bill, and sections 338, 601, 663, 706,
1064, 2823, 3136, 3140, 3151, 3160, 3201, and 3402 of the Senate
amendment, and modifications committed to conference:
Tom Bliley,
Dan Schaefer,
Provided that Mr. Oxley is appointed in lieu of Mr. Dan Schaefer of
Colorado for consideration of sections 344 and 1021 of the House bill
and section 2823 of the Senate amendment:
Michael G. Oxley,
Provided that Mr. Bilirakis is appointed in lieu of Mr. Dan Schaefer
of Colorado for consideration of sections 601, 654, and 735 of the House
bill, and sections 338, 601, 663, and 706 of the Senate amendment:
Mike Bilirakis,
Provided that Mr. Tauzin is appointed in lieu of Mr. Dan Schaefer of
Colorado for consideration of section 1064 of the Senate amendment.
Billy Tauzin,
As additional conferees from the Committee on Education and the
Workforce, for consideration of sections 374, 658, and 3143 of the House
bill, and sections 664 of the Senate amendment, and modifications
committed to conference:
Bill Goodling,
Harris W. Fawell,
Loretta Sanchez,
Provided that Mr. Riggs is appointed in lieu of Mr. Fawell for
consideration of section 658 of the House bill and section 664 of the
Senate amendment:
Frank Riggs,
As additional conferees from the Committee on Government Reform and
Oversight, for consideration of section 322 and 3527 of the House bill,
and sections 1068, 1107, 2811, and 3527 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
Stephen Horn,
As additional conferees from the Committee on House Oversight, for
consideration of section 543 of the Senate amendment, and modifications
committed to conference:
William M. Thomas,
Bob Ney,
As additional conferees from the Committee on the Judiciary, for
consideration of sections 374, 1057, 3521, 3522, and 3541 of the House
bill, and sections 831, 1073, 1075, 1106, and 1201 1216 of the Senate
amendment, and modifications committed to conference:
Henry J. Hyde,
Lamar Smith,
As additional conferees from the Committee on Resources, for
consideration of sections 214, 601, 653, 1021, 2835, 2901 2914 and 3404
of the House bill, and sections 234, 381 392, 601, 706, 2819, and 3158
of the Senate amendment, and modifications committed to conference:
Don Young,
Billy Tauzin,
Provided that Mr. Delahunt is appointed in lieu of Mr. Miller of
California for consideration of sections 2901 2914 of the House bill and
sections 381 392 of the Senate amendment.
William Delahunt,
As additional conferees from the Committee on Science, for
consideration of sections 214 and 3148 of the House bill, and sections
234 and 1064 of the Senate amendment, and modifications committed to
conference:
F. James Sensenbrenner, Jr.,
Ken Calvert,
George E. Brown, Jr.,
Provided that Mr. Rohrabacher is appointed in lieu of Mr. Calvert for
consideration of section 1064 of the Senate amendment:
Dana Rohrabacher,
As additional conferees from the Committee on Transportation and
Infrastructure for consideration of sections 345, 563, 601, 1021, 2861,
and 3606 of the House bill, and section 601 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Robert A. Borski,
As additional conferees from the Committee on Veterans' Affairs for
consideration of sections 751, 752, and 759 of the House bill, and
sections 220, 542, 751, 752, 758, 1069, 1074, and 1076 of the Senate
amendment, and modifications committed to conference:
Christopher H. Smith,
Mike Bilirakis,
Joseph P. Kennedy,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
John McCain,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Rick Santorum,
Olympia Snowe,
Pat Roberts,
Carl Levin,
Ted Kennedy,
Jeff Bingaman,
John Glenn,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 1119) to authorize appropriations for
fiscal year 1998 for defense activities of the Department of Defense,
for military construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment which is a substitute for the House bill and
the Senate amendment. The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clarifying
changes.
SUMMARY STATEMENT OF CONFERENCE ACTION
The conferees recommend authorizations for the Department of Defense
for procurement, research and development, test and evaluation,
operation and maintenance, working capital funds, military construction
and family housing, weapons programs of the Department of Energy, and
the civil defense that have budget authority implications of $268.2
billion.
SUMMARY TABLE OF AUTHORIZATIONS
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority. Budget
authority is provided in appropriations acts.
In order to relate the conference recommendations to the Budget
Resolution, matter in addition to the dollar authorizations contained in
this bill must be taken into account. A number of programs in the
defense function are authorized permanently or, in certain instances,
authorized in other annual legislation. In addition, this authorization
bill would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in the bill
for fiscal year 1998 and, in addition, summarizes the implications of
the conference action for the budget totals for national defense (budget
function 050).
Offset Folios 1002 to 1006 insert here
Congressional defense committees
The term ``congressional defense committees'' is often used in this
statement of the managers. It means the Defense Authorization and
Appropriations Committees of the Senate and House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Overview
The budget request for fiscal year 1998 contained an authorization
of $42,883.0 million for Procurement in the Department of Defense. The
House bill would authorize $46,595.9 million. The Senate amendment would
authorize $47,028.1 million. The conferees recommended an authorization
of $45,773.8 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
Offset Folios 1009 to 1010 insert here
Overview
The budget request for fiscal year 1998 contained an authorization
of $1,162.5 million for Aircraft Procurement, Army in the Department of
Defense. The House bill would authorize $1,535.3 million. The Senate
amendment would authorize $1,394.5 million. The conferees recommended an
authorization of $1,316.2 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1012 to 1013 insert here
FUNDING EXPLANATIONS
UH 60 blackhawk
The budget request included $246.1 million to procure 18 UH 60
Blackhawk helicopters.
The House bill would authorize an increase of $96.0 million for an
additional 12 aircraft.
The Senate amendment would authorize an increase of $127.3 million
for 18 additional aircraft.
The conferees agree to authorize an increase of $89.0 million for 10
additional aircraft, of which $6.0 million would be used to procure kits
to configure UH 60Q medical evacuation aircraft.
Kiowa warrior
The budget request included $38.8 million for Kiowa Warrior
helicopter modifications.
The House bill would authorize an increase of $175.0 million to
procure 21 aircraft.
The Senate amendment would authorize an additional $15.0 million for
safety modifications to existing aircraft.
The House recedes.
Aircraft survivability equipment modifications
The budget request included $4.6 million to support aircraft
survivability equipment modifications.
The House bill would authorize an increase of $15.0 million for
laser detection sets for Army aircraft.
The Senate amendment would authorize an additional $8.1 million for
testing and integration of the suite of integrated radio frequency
countermeasures and the suite of integrated infrared countermeasures
systems.
The conferees agree to authorize a total of $19.1 million for
aircraft survivability equipment modifications, of which $7.0 million
would be for laser detection sets and $7.5 million for advanced threat
infrared countermeasures.
Aircraft survivability equipment
The budget request included $0.9 million to procure aircraft
survivability equipment.
The House bill would authorize an increase of $14.8 million to
procure upgrades to the aircraft survivability equipment trainer (ASET)
IV system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.4 million for
ASET IV upgrades.
Training devices
The budget request included no funds for aircraft training devices.
The House bill and the Senate amendment would authorize an increase
of $18.6 million to procure upgrades to flight simulators used in the
Korean theater.
The conferees agree to authorize an increase of $13.3 million for
these critical simulator upgrades.
Overview
The budget request for fiscal year 1998 contained an authorization
of $1,178.2 million for Missile Procurement, Army in the Department of
Defense. The House bill would authorize $1,176.5 million. The Senate
amendment would authorize $1,223.9 million. The conferees recommended an
authorization of $742.6 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1017 to 1018 Insert here
Avenger
The budget request included no funds for procurement of Avenger
missile systems.
The House bill would authorize an increase of $13.3 million for
Avenger slew-to-cue modifications.
The Senate amendment would authorize an increase of $15.0 million to
the budget request: $13.0 million for Avenger slew-to-cue modifications;
and $2.0 million for Avenger table top trainers for the Army National
Guard.
The conferees agree to authorize $7.4 million for Avenger
slew-to-cue modifications.
Hellfire
The budget request included $279.7 million for procurement of
Hellfire missile systems.
The House bill would support the budget request.
The Senate amendment would reduce the budget request by $10.7 million.
The conferees agree to reduce the Hellfire missile program by $30.7
million.
Multiple launch rocket system rocket
The budget request included $2.9 million for procurement of Multiple
Launch Rocket System (MLRS) rockets.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.0 million
for procurement of extended range MLRS rockets.
The House recedes.
Multiple launch rocket system launcher
The budget request included $102.6 million to support procurement of
Multiple Launch Rocket System (MLRS) launchers.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $25.1 million
for MLRS launchers necessary to accelerate Army plans to convert MLRS
force structure to a new 2 9 configuration.
The conferees agree to authorize $115.7 million for this program.
This total includes $25.1 million for additional launchers and a
transfer of $12.0 million to MLRS extended range rockets.
Brilliant anti-armor submunition
The budget request included $85.2 million for procurement of
Brilliant Anti-Armor Submunition (BAT) submunitions.
The House bill and Senate amendment would authorize the budget request.
The conferees are concerned about the Army's procurement of basic
BAT munitions prior to production and fielding of the objective
preplanned product improvement (P3I) BAT system. While the conferees
understand that the Army plans to use the basic BAT as a bridge to the
P3I system for development and fielding of the Block II Army Tactical
Missile System, it is clear that the basic BAT system is solely an
interim solution and cannot meet the entire range of system
requirements. The conferees agree to eliminate funding for the basic BAT
munition. The conferees, in support of an alternative to procuring basic
BAT munitions, agree to authorize a transfer of $35.0 million to PE
64768A in order to accelerate development and production of the P3I BAT.
Overview
The budget request for fiscal year 1998 contained an authorization
of $1,065.7 million for Weapons and Tracked Combat Vehicles Procurement,
Army in the Department of Defense. The House bill would authorize
$1,519.5 million. The Senate amendment would authorize $1,179.1 million.
The conferees recommended an authorization of $1,297.6 million. Unless
noted explicitly in the statement of managers, all changes are made
without prejudice.
Offset Folios 1022 to 1023 Insert here
Bradley base sustainment
The budget request included $125.6 million to upgrade Bradley
Fighting Vehicles (BFV).
The House bill would authorize the budget request but would also
authorize $120.0 million for A0 to A2 Operation Desert Storm (ODS)
upgrades for the Army National Guard (ARNG) in the BFV funding line.
The Senate amendment would authorize an increase of $62.4 million to
maintain low-rate production rates for A3 upgrades necessary prior to
full scale production in 1999.
The conferees agree to authorize an increase of $95.0 million for
BFV ODS upgrades for the ARNG.
Field artillery ammunition support vehicle
The budget request included no funds for Field Artillery Ammunition
Support Vehicles (FAASV).
The House bill would authorize an increase of $81.1 million to
procure 72 FAASV systems.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $40.0 million for the FAASV systems
necessary to support Army National Guard artillery modernization.
M109A6 paladin howitzer
The budget request included $18.7 million for Paladin howitzer
artillery system support.
The House bill would authorize an increase of $111.0 million to
procure 72 Paladin howitzer systems.
The Senate amendment would authorize the budget request.
The Senate recedes with an amendment that would authorize an
increase of $56.0 million for no less than 36 Paladin systems.
The conferees agree to authorize $74.7 million for the M109A6
Paladin in support of Army National Guard artillery modernization.
Improved recovery vehicle
The budget request included $28.6 million for Improved Recovery
Vehicle (IRV) program support.
The House bill would authorize an increase of $27.8 million to
procure an additional 12 vehicles.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $32.6 million for IRV system
requirements.
Overview
The budget request for fiscal year 1998 contained an authorization
of $336.8 million for Ammunition Procurement, Navy and Marine Corps in
the Department of Defense. The House bill would authorize $470.4
million. The Senate amendment would authorize $369.8 million. The
conferees recommended an authorization of $364.7 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1027 to 1028 Insert here
Overview
The budget request for fiscal year 1998 contained an authorization
of $7,438.2 million for Shipbuilding and Conversion Procurement, Navy in
the Department of Defense. The House bill would authorize $7,655.0
million. The Senate amendment would authorize $8,593.4 million. The
conferees recommended an authorization of $8,195.3 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1030 to 1031 Insert here
LPD 18
The budget request included no funds for the LPD 18.
The House bill would authorize $185.0 million for advance
procurement of this type ship.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $100.0 million for the advance
procurement of one LPD 17 class ship.
Oceanographic survey ship
The budget request included no funds for an additional oceanographic
survey ship.
The House bill and Senate amendment would authorize $75.2 million
for one TAGS 65 oceanographic survey ship.
The conferees agree to authorize $16.0 million advance procurement
for one TAGS 65 oceanographic survey ship.
Overview
The budget request for fiscal year 1998 contained an authorization
of $2,825.5 million for Other Procurement, Navy in the Department of
Defense. The House bill would authorize $3,073.4 million. The Senate
amendment would authorize $3,137.7 million. The conferees recommended an
authorization of $2,970.9 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1034 to 1041 Insert here
AN/WSN 7 inertial navigation system
The budget request included $31.6 million for navigation equipment,
including $12.3 million for the procurement of nine AN/WSN 7 ring laser
gyros (RLGs).
The House bill and the Senate amendment would authorize an increase
of $18.0 million for procurement and installation of 18 additional WSN 7
RLGs.
The conferees agree to authorize an increase of $10.5 million for
procurement and installation of additional WSN 7 RLGs.
Self-contained breathing apparatus
The budget request included $14.1 million for fire fighting
equipment, but did not include funding for procurement of oxygen
breathing apparatuses used for shipboard firefighting.
The House bill would authorize an increase of $23.0 million to begin
outfitting the fleet with self-contained breathing apparatuses (SCBAs),
a non-developmental, commercial off-the-shelf more user-friendly and
efficient shipboard firefighting system to replace the antiquated
oxygen-breathing apparatus (OBA).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0 million for
procurement of SCBAs.
Pollution control equipment
The budget request included $156.8 million for pollution control
equipment.
The House bill would authorize a decrease of $6.3 million because an
equivalent amount of excess fiscal year 1997 funds is available to meet
fiscal year 1998 program requirements.
The Senate amendment would authorize a decrease of $8.8 million due
to reduced requirements resulting from ship deactivations.
The conferees agree to authorize $135.8 million, a decrease of $21.0
million, for pollution control equipment.
AN/BPS 16 submarine navigation radar
The budget request included no funds for the procurement of AN/BPS
16 or AN/BPS 15H submarine navigation radar.
The House bill would authorize $9.0 million for the AN/BPS 16
submarine navigation radar to initiate the backfit of the radar on the
Trident submarine fleet.
The Senate amendment would authorize $9.0 million for the
procurement of additional AN/BPS 15H radar sets for installation into
Trident class submarines and for use as training and refit facility
assets.
The conferees agree to authorize $9.0 million for AN/BPS 15H radar
navigation sets.
Cooperative engagement capability
The budget request included no funds for procurement of cooperative
engagement capability (CEC) equipment.
The House bill would authorize $114.8 million to restore the Navy's
CEC fielding plan by procuring and installing CEC shipsets for two
aircraft carrier battle groups.
The Senate amendment would authorize $74.8 million to procure and
install CEC battle group equipment.
The conferees agree to authorize an increase of $75.0 million for
procurement and installation of CEC battle group equipment.
Information Technology 21
The budget request included no funds for Information Technology 21
(IT 21).
The Senate amendment would authorize an increase of $157.2 million
for IT 21. Of this amount $147.9 would be for procurement and
installation of IT 21 related equipment and $9.3 million would be for
related operations and maintenance funding. These funds would provide an
initial impetus to the IT 21 initiative and assist the Navy to achieve
its goal of a fully outfitted fleet by the year 2000.
The House bill would authorize the budget request.
The conferees agree to authorize a total IT 21 procurement increase
of $58.0 million as follows:
(1) JMCIS Afloat $6.0 million;
(2) Naval Tactical Command Support System $31.0 million;
(3) Ship Communications Automation $4.0 million;
(4) SATCOM Ship Terminals (Space) $2.0 million;
(5) Naval Shore Communications $12.0 million; and
(6) Information Systems Security Program $3.0 million
Sonobuoy procurement
The budget request included $54.8 million for the procurement of
AN/SSQ 36, AN/SSQ 53E, and AN/SSQ 62E sonobuoys and Signal, Underwater
Sound (SUS) Systems. The budget request included no funds for the AN/SSQ
57 or the AN/SSQ 110 sonobuoys.
The House bill would authorize an increase of $45.8 million to be
distributed as follows: $1.5 million for AN/SSQ 36; $23.7 million for
AN/SSQ 53; $4.5 million for AN/SSQ 57 retrofits; $8.6 million for SSQ
62; $5.0 million for AN/SSQ 110 shallow-water upgrades; and $2.5 million
for Signal, Underwater Sound (SUS).
The Senate amendment would authorize increases of $19.0 million for
AN/SSQ 53E and $7.0 million for AN/SSQ 62E sonobuoys.
The conferees agree to authorize the following increases to the
budget request: $0.3 million for AN/SSQ 36; $19.0 million for AN/SSQ 53;
$7.0 million for SSQ 62; and $0.5 million for AN/SSQ 57.
Mobile remote emitter simulator
The budget request included $4.9 million for weapons range support,
but did not include any funding to procure Mobile Remote Emitter
Simulator (MRES) system.
The House bill would authorize an increase of $9.5 million to
procure two MRES systems for the Atlantic test range component of the
Naval Air Warfare Center.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million for MRES.
NATO sea sparrow missile system low light level television
The budget request included no funds for the NATO Sea Sparrow
missile system low light level television (LLTV) charged coupled device
(CCD) ordnance alternation (ORDALT).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $8.0 million
above the budget request for the procurement of additional CCD ORDALT
kits.
The conferees agree to an increase of $6.0 million for the
procurement of additional CCD ORDALT kits.
AEGIS support equipment
The budget request included $26.8 million for AEGIS support equipment.
The House bill would authorize an increase of $8.0 million to
backfit the computer-aided submode training lesson authorizing system
(CLASS) on AEGIS cruisers and destroyers and to expand CLASS to other
systems such as cooperative engagement capability, joint maritime
command information system, and global command and control system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a $21.1 million for AEGIS support
equipment.
Overview
The budget request for fiscal year 1998 contained an authorization
of $374.3 million for Marine Corps Procurement, Navy in the Department
of Defense. The House bill would authorize $442.8 million. The Senate
amendment would authorize $554.8 million. The conferees recommended an
authorization of $460.1 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1047 to 1049 Insert here
Light tactical wheeled vehicle replacement
The budget request included $0.7 million to support the Marine Corps
High Mobility Multipurpose Wheeled Vehicle (HMMWV) program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $55.0 million to
accelerate a planned replacement program for a deteriorating HMMWV
fleet.
The conferees agree to authorize an increase of $30.0 million.
Chemical/biological incident response force equipment
The budget request included $1.1 million for field medical equipment
and no funding for chemical/biological incident response force (CBIRF)
equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.0 million
for procurement of CBIRF equipment.
The conferees agree to authorize an increase of $10.0 million for
CBIRF requirements for a total of $11.1 million for Marine Corps field
medical equipment procurement.
MK 19 grenade launcher
The budget request included no funds for the MK 19 grenade launcher.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $13.0 million to
maintain production of the MK 19 grenade launchers.
The conferees agree to authorize a total of $8.0 million for the MK
19 grenade launcher.
Overview
The budget request for fiscal year 1998 contained an authorization
of $890.9 million for Ammunition Procurement, Army in the Department of
Defense. The House bill would authorize $1,093.8 million. The Senate
amendment would authorize $1,043.2 million. The conferees recommended an
authorization of $1,011.2 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1053 to 1054 Insert here
Overview
The budget request for fiscal year 1998 contained an authorization
of $2,455.0 million for Other Procurement, Army in the Department of
Defense. The House bill would authorize $2,640.3 million. The Senate
amendment would authorize $2,875.7 million. The conferees recommended an
authorization of $2,566.2 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1056 to 1062 Insert here
Semitrailers
The budget request included funds for a variety of semitrailer
requirements.
The conferees note program delays for several semitrailer
procurements. In consideration of these delays, the conferees agree to
funding reductions of $7.4 million for 22.5 ton semitrailer/container
transporters; $4.6 million for 5,000 gallon tank semitrailers; and $7.4
million for 7,500 gallon bulkhaul semitrailers. In addition, the
conferees agree to authorize $2.0 million for 22.5 ton
semitrailer/container transporters; $3.0 million for 5,000 gallon tank
semitrailers; and $3.0 million for 7,500 gallon bulkhaul semitrailers.
High mobility multi-purpose wheeled vehicle
The budget request included $66.2 million for High Mobility
Multi-Purpose Wheeled Vehicle (HMMWV) production.
The House bill would authorize an increase of $38.7 million for 360
up-armored HMMWVs.
The Senate amendment would authorize an increase of $75.0 million to
maintain minimum production levels of HMMWVs.
The conferees agree to authorize an increase of $65.0 million for
HMMWV production.
Family of heavy tactical vehicles
The budget request included $9.1 million for Family of Heavy
Tactical Vehicles (FHTV) production support.
The House bill would authorize an increase of $45.0 million to
procure 96 Heavy Equipment Transporters (HETS) for the Army National
Guard.
The Senate amendment would authorize an increase of $128.0 million
to maintain minimum production levels of FHTVs. This funding would
include $50.0 million for the Palletized Load System (PLS); $45.0
million for HETS; and $33.0 million for Heavy Expanded Mobility Tactical
Truck (HEMTT) wreckers.
The conferees agree to authorize an increase of $105.0 million for
FHTV. Of this amount, $45.0 million is for HETS and the remaining $60.0
million is for HEMTT wreckers and PLS.
Truck, tractor, line haul, M915/M916
The budget request included $36.1 million to procure M915/916 line
haul tractors.
The House bill would reduce the request by $18.0 million to achieve
a more moderate rate of production.
The Senate amendment would authorize the budget request.
The conferees understand that there has been a delay in the 7,500
gallon bulkhaul semitrailer program, which is the type of trailer towed
by the M915/916 line haul tractor series. Accordingly the conferees
believe that revised Army requirements can be met at lower average
procurement rates than previously planned and therefore agree to
eliminate funding for these tractors in fiscal year 1998. Further, the
Secretary of the Army is directed to review requirements for this
equipment and restructure the program to achieve an annual procurement
rate consistent with revised requirements beginning in fiscal year 1999.
Defense satellite communications system
The budget request included $87.6 million for defense satellite
communications system requirements.
The House bill and Senate amendment would authorize the budget request.
The conferees note the budget request included funding for
acceleration of the production of a universal modem system. The
conferees understand that required testing for this system will not be
complete until late 1999. Therefore, the conferees agree to reduce
program funding by $2.0 million.
Satellite terminals
The budget request included $7.3 million for satellite communication
terminals.
The House bill and Senate amendment would authorize the budget request.
The conferees note the savings achieved from a joint Army/Air Force
procurement in 1997. The conferees believe that these savings should be
used to offset funding requirements for fiscal year 1998. Therefore, the
conferees agree to reduce program funding by $1.2 million.
NAVSTAR global positioning system
The budget request included $6.8 million for NAVSTAR Global
Positioning System (GPS) equipment.
The House bill and Senate amendment would authorize the budget request.
The conferees have been informed that both price and quantities
budgeted for NAVSTAR GPS equipment were reduced in 1997. Additionally,
the conferees understand that program
management reductions have also yielded savings. The conferees
believe these savings should be used to offset funding requirements for
fiscal year 1998. Therefore, the conferees agree to reduce funding for
this program by $1.2 million.
Army data distribution system
The budget request included $57.2 million to procure data
distribution systems, including $7.0 million for joint tactical
information distribution system (JTIDS) terminals.
The House bill would authorize an increase of $37.4 million to
procure an additional 1,092 enhanced position location reporting system
(EPLRS) radios.
The Senate amendment would authorize an increase of $37.3 million
for 1,092 EPLRS radios.
The conferees agree to authorize an increase of $30.4 million for
EPLRS radios and transfer $20.1 million for JTIDS terminals to ballistic
missile defense procurement.
The conferees agree to authorize $67.5 million for critical data
distribution systems.
Area common user system modernization program
The budget request included $82.4 million for Area Common User
System (ACUS) modernization.
The House bill would authorize an increase of $10.0 million to
procure tactical communications technologies for evaluation by Force XXI
experimental forces.
The Senate amendment would authorize an increase of $33.0 million to
support ongoing modifications to the ACUS and support migration to the
Army's Warfighter Information Network.
The conferees agree to authorize an increase of $23.0 million for ACUS.
Information system security program
The budget request included $10.2 million to procure information
system security devices.
The House bill would support the budget request.
The Senate amendment would authorize an increase of $5.5 million to
support minimum production requirements for 400 Airterm KY 100 devices.
The conferees agree to authorize an increase of $3.5 million for
Airterm KY 100 devices.
Ground based common sensors
The budget request included $26.8 million for ground based common
sensors.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to eliminate funding in fiscal year 1998 based
on the Army decision to reschedule the initial operational test and
evaluation for this program.
Shortstop
The budget request included no funds for the Shortstop electronic
protection system (SEPS).
The House bill would authorize an increase of $9.0 million to
procure 42 additional SEPS needed in Korea.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $6.0 million for SEPS devices
needed by U.S. forces in Korea.
Night vision
The budget request included $85.3 million for night vision systems.
The House bill would authorize an increase of $30.8 million that
would be used to procure additional systems: $17.0 million for AN/PVS 7
night vision goggle systems; $5.4 million for ANVIS 25mm image
intensifiers; and $8.4 million for night vision driver viewers for the
M113A3.
The Senate amendment would authorize an increase of $36.0 million
that would be used to procure additional night vision systems: $8.0
million for AN/PEQ 2 aiming light systems; $17.0 million for AN/PVS 7
night vision goggle systems; $10.0 million for AN/PAS 13 thermal weapon
sight systems; and $1.0 million for 2,900 borelights.
The conferees agree to authorize an increase of $26.4 million for
night vision equipment: $11.0 million for AN/PVS 7 systems; $5.5 million
for AN/PEQ 2 aiming light systems; $6.9 million for AN/PAS 13 thermal
weapon sights; $2.0 million for light weight video systems; and $1.0
million for borelights.
LOGTECH
The budget request included $3.4 million for LOGTECH systems.
The House bill would authorize an increase of $11.7 million to
procure additional radio frequency (RF) tagging systems.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0 million for
additional RF tagging equipment.
Maneuver control system
The budget request included $15.7 million for the maneuver control
system (MCS).
The House bill and Senate amendment would authorize the budget request.
The conferees note a history of significant problems with the Army's
efforts to develop the software requirements for this
program and corresponding delays in scheduled operational
testing. The conferees also note that this system failed two of four
development testing activities. Until MCS meets all the established
system requirements and the Army validates corrective actions through
requisite testing, the conferees agree to eliminate further funding for
this program.
Automated data processing equipment
The budget request included $125.1 million for Automated Data
Processing Equipment (ADPE).
The House bill would authorize an increase of $13.0 million to
procure additional Sustaining Base Information Services (SBIS) hardware.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.0 million of SBIS
hardware.
Railway car, flat, 100 ton
The budget request included $17.8 million for procurement of 100 ton
railway cars.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to eliminate fiscal year 1998 funding for
procurement of railway cars. The conferees note that the Army was able
to take advantage of an unanticipated opportunity to procure 86% of its
rail car requirement in calendar year 1997.
Training devices, nonsystem
The budget request included $49.7 million for nonsystem training
devices.
The House bill would authorize an additional $4.0 million for four
fire training systems.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0 million for
four fire fighter training systems.
Close combat tactical trainers
The budget request included $92.9 million for simulation network
close combat tactical trainers (CCTT).
The House bill would authorize a decrease of $11.5 million due to
the delay in initial operation test and evaluation for the close combat
tactical training systems.
The Senate amendment would authorize a decrease of $10.0 million for
procurement of training system components and would authorize a transfer
of an additional $11.5 million to PE 64780A to resolve software
problems.
The conferees agree to authorize a decrease of $38.4 million in
procurement funding for the program. Included in this reduction is the
transfer of $10.5 million to PE 64780A.
Overview
The budget request for fiscal year 1998 contained an authorization
of $6,086.0 million for Aircraft Procurement, Navy in the Department of
Defense. The House bill would authorize $6,173.0 million. The Senate
amendment would authorize $6,482.3 million. The conferees recommended an
authorization of $6,437.3 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1070 to 1072 Insert here
AV 8H Harrier remanufacture
The budget request included $300.1 million to procure 11 AV 8B
remanufactured aircraft for the Marine Corps. The fiscal year 1997 plan
for AV 8B remanufacture in fiscal year 1998 called for a procurement of
12 aircraft in fiscal year 1998. However, the budget request for fiscal
year 1998 included 11 aircraft, a further indication of the Department
of Defense's inability to execute its own previously stated procurement
program.
The House bill would authorize an increase of $33.0 million for an
additional aircraft.
The Senate amendment would authorize an increase of $89.6 million,
including $24.6 million for an additional aircraft remanufacture and
$65.0 million for training simulators.
The conferees agree to authorize an increase of $6.2 million for an
additional AV 8B remanufacture. The conferees understand that an
additional remanufacture can be funded with this increase through
program savings.
T 45TS Goshawk
The budget request included $269.8 million for 12 T 45 trainer
aircraft and $6.2 million for advance procurement of 12 T 45C aircraft
in fiscal year 1999.
The House bill would authorize an increase of $100.0 million for the
procurement of six additional aircraft.
The Senate amendment would authorize an increase of $102.0 million
for the same purpose.
The conferees note with concern the recent grounding of the T 2
trainers because of flight control malfunctions. The T 2s are being
replaced by the T 45. Accordingly, the conferees agree to authorize
$315.2 million, an increase of $45.4 million to accelerate fielding of
the T 45 by increasing the fiscal year 1998 acquisition from 12 to 15
aircraft.
EA 6 Series
The budget request included $86.8 million for EA 6B modifications.
The House bill would authorize an increase of $68.0 million,
including $50.0 million for 10 wing center sections (WCS) and $18.0
million to continue the turbine engine blade containment system (TEBS).
The Senate amendment would authorize an increase of $25.0 million to
incorporate a low risk, affordable upgrade to the EA 6B in conjunction
with modifications already underway to counter the new family of
threats.
The conferees agree to authorize an increase of $25.0 million to
replace the WCS of 5 additional EA 6Bs. The increase of $25.0 million
for WCS is partially offset by a $10.0 million reduction for late
obligations, resulting in a net increase of $15.0 million for EA 6B
modifications. The conferees urge the Secretary of the Navy to provide
funds to complete the WCS modifications in the fiscal year 1999 budget
request.
P 3C anti-surface warfare improvement program
The budget request included $164.9 million for P 3 series
modifications, $74.7 million of which is for the procurement of four
anti-surface warfare improvements program (AIP) kits, and $41.3 million
of which is for 11 sustained readiness program (SRP) kits.
The House bill would authorize an increase of $56.6 million for an
additional eight AIP kits and an increase of $35.1 million to procure 17
additional shipsets of SRP kits. In addition, the House would authorize
an increase of $11.0 million for light weight environmentally sealed
parachute assemblies (LESPA) and an increase of $1.4 million for oil
debris detection systems (ODDS).
The Senate amendment would authorize an increase of $17.3 million
for the procurement of two P 3C AIP kits and direct the Secretary of the
Navy to formally evaluate the advisability of renegotiating the P 3C AIP
contract to eliminate the cost penalties that are being incurred as a
consequence of current Navy budgeting practices.
The conferees agree to authorize the following increases to the
budget request: $25.0 million for sustained readiness program (SRP)
kits, $17.3 million for anti-surface warfare improvement program (AIP)
kits, and $8.0 million for light weight environmentally sealed parachute
assemblies.
Power plant changes
The budget request included $14.0 million for power plant changes.
The House bill would authorize an increase of $1.6 million to
incorporate the oil debris detection system (ODDS) on the P 3, E 2 and C
2 fleets, with $1.4 million for the P 3 and $100,000 for the E 2 and C 2
fleets. The House bill would apportion the increase each for ODDS in
individual aircraft modification accounts. The ODDS is an on-board
detection system that alerts air crews to the presence of metal chips in
engines and propeller gear boxes, allowing flights to be terminated
prior to catastrophic failure of critical components.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.6 million in the
power plant changes budget line item for the incorporation of ODDS in P
3, E 2, and C 2 fleets.
Common Avionics Changes
The budget request included $131.6 million for common avionics
changes, but did not contain any funding to procure AN/AWW 13 guided
weapon control monitor sets. The AN/AWW 13 provides the data link
capability for F/A 18 series aircraft to employ the precision-guided
Walleye and the Stand-off Land Attack Missiles.
The Senate amendment would authorize the budget request.
The House bill would authorize an additional $9.0 million to
continue AN/AWW 13 production. The House bill would also provide an
additional $4.0 million in PE 64215N for integration of the ground
proximity warning system (GPWS) into the Navy/Marine Corps helicopters
fleets.
The conferees agree to authorize $130.4 million, which includes an
additional $6.0 million to continue AN/AWW 13 production and $4.0
million for GPWS integration. These increases are offset by a $10.0
million reduction for late obligations and a $1.2 million reduction for
systems engineering growth in other programs funded in this budget line.
Overview
The budget request for fiscal year 1998 contained an authorization
of $1,136.3 million for Weapons Procurement, Navy in the Department of
Defense. The House bill would authorize $1,214.7 million. The Senate
amendment would authorize $1,200.4 million. The conferees recommended an
authorization of $1,089.4 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1077 to 1078 Insert here
Tactical Tomahawk
The Department of the Navy and the Department of Defense advised the
conferees of a proposal by the current prime Tomahawk contractor to
upgrade the capability and reduce the production unit cost of the
Tomahawk cruise missile. The upgraded missile, a variant of the current
Tomahawk (known as ``Tactical Tomahawk'' or the ``Tomahawk Block IV+''),
would include several enhancements to improve the tactical
responsiveness of the missile. The Navy and the contractor would attempt
to reduce Tomahawk missile unit cost by exploiting commercial
manufacturing practices for the missile. Overall, the Navy is projecting
that the Department could achieve life cycle cost savings for the
Tactical Tomahawk of approximately $400.0 million, compared to similar
costs for the currently planned Tomahawk Block IV missile system. The
conferees also understand that the initial operational capability (IOC),
fiscal year 2002, for the improved Tomahawk would be approximately two
years later than the IOC for Tomahawk Block IV, fiscal year 2000.
Under the Navy's proposal, the Department would use approximately
$25.0 million in additional fiscal year 1998 research and development
and other procurement funding to begin the effort. The conferees
understand that the Department wants to implement such a program as
early as possible in fiscal year 1998. In fact, the Navy had asked the
conferees for the authority to divert these funds from the Weapons
Procurement, Navy account by terminating the last year of the multi-year
contract for procurement of the Tomahawk Block III missile.
In general, the conferees support the concept of a program to
upgrade the capabilities of the Tomahawk missile and to reduce the
missile's unit cost. However, there are acquisition strategy and funding
issues that must be addressed before the conferees would agree to such a
proposal. Such questions include whether: (1) this program should be a
sole source award to the current prime contractor; (2) the Navy and
whichever prime contractor may be selected for such a program should
evaluate subsystem alternatives such as engines on a ``least cost'' or
``best value'' basis; and (3) buying the last increment of missiles on
the current contract is less important than beginning a new program
earlier.
If the Secretary of Defense decides that starting the program in
fiscal year 1998 is critical, the Secretary of Defense may submit a
reprogramming request to transfer fiscal year 1998 funds that would be
necessary to implement an alternative approach for the Tomahawk program.
The conferees expect that such a request would include more detailed
supporting rationale upon which the recommendation is based and would
address the acquisition strategy and funding issues involved.
Joint Standoff Weapon
The budget request included $58.7 million for 113 Joint Standoff
Weapon (JSOW) missiles for the Navy. No funds were requested to procure
JSOW missiles for the Air Force until fiscal year 1999.
The House bill would authorize an increase of $10.0 million for the
Navy to procure 37 additional missiles and an increase of $29.0 million
for the Air Force to initiate procurement of 100 missiles.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0 million for the
Navy to procure a total of up to 150 JSOW, and an increase of $19.0
million for the Air Force to initiate acquisition of up to 100 JSOW.
Penguin missile program
The budget request included no funds for procurement of Penguin
missiles.
The House bill would approve the request.
The Senate amendment would authorize an increase of $15.0 million
for procurement of additional missiles to satisfy outstanding inventory
objectives and sustain procurement of the Penguin missile during fiscal
year 1998 to reduce costs by achieving labor learning and production
stability.
The conferees agree to authorize an increase of $7.5 million for
procurement of Penguin missiles.
Hellfire II missiles
The budget request included no funds for Hellfire missiles for the
Navy or Marine Corps.
The House bill would authorize $37.5 million for 700 Hellfire II
missiles to address a shortfall in Navy and Marine Corps inventory
requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $20.0 million for procurement of
Hellfire II missiles for the Navy and Marine Corps.
Close-in weapon system surface mode upgrade
The budget request included $10.0 million for procurement of
close-in weapon system (CIWS), but did not include any funding to
procure surface mode upgrade kits for this system.
The House bill would authorize an increase of $20.0 million to
procure CIWS upgrade kits for both surface combatants and other ships
equipped with this system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $15.0 million for
procurement of CIWS surface-mode upgrade kits.
Pioneer logistic support
The budget request included $4.0 million for support of Pioneer
unmanned aerial vehicle (UAV).
The Senate amendment would authorize an increase of $3.0 million to
continue common automatic recovery system (CARS) logistic support in the
Procurement, Defense-Wide account.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for
logistic support in the Weapons Procurement, Navy Pioneer budget line
item.
Overview
The budget request for fiscal year 1998 contained an authorization
of $5,817.8 million for Aircraft Procurement, Air Force in the
Department of Defense. The House bill would authorize $6,770.9 million.
The Senate amendment would authorize $6,048.9 million. The conferees
recommended an authorization of $6,425.7 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1083 to 1085 Insert here
15E
The budget request included $159.0 million to continue the
procurement of F 15E strike aircraft.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $100.8 million
for procurement of an additional three F 15E aircraft.
The conferees agree to authorize an increase of $67.3 million to
procure an additional two F 15E aircraft.
C 130J
The budget request included $49.9 million for the procurement of one
C 130J aircraft.
The House bill would authorize an increase of $522.6 million for an
additional nine aircraft.
The Senate amendment would authorize an increase of $371.1 million
for five additional aircraft and associated logistic support.
The conferees agree to authorize a total of $527.5 million for eight
additional C 130J aircraft and support as shown below:
C 130 PROGRAMS
[Dollars in millions]
Type Budget request House bill Senate bill Conference agreement
Quantity Amount Quantity Amount Quantity Amount Quantity Amount
KC 130J +3 +179.7 +2 +120.0
WC 130J +3 +177.0 +2 +132.8
EC 130J +1 +49.9 +1 +70.5 +1 +74.6
C 130J 1 49.9 +5 +293.0 -1 -49.9 -1 -49.9
C 130J ANG +2 +95.8 +4 +226.0
Logistics: +29.7
---------- -------- ---------- --------- ---------- --------- ---------- ----------
Total 1 49.9 +9 +522.6 +5 +371.1 +8 +527.5
Predator Unmanned Aerial Vehicle
The budget request included $116.5 million for 15 Predator unmanned
aerial vehicles (UAV).
The House bill would authorize an increase of $30.0 million for the
procurement of attrition UAV and spares.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $25.0 million.
15 modifications
The budget request included $169.6 million for F 15 modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $95.4 million,
including $72.6 million to restore a reduction in F 15 modifications
made by the Air Force in its budget request, and $22.8 million to
accelerate by one year the incorporation of the PW 220E engine program.
The conferees agree to authorize $181.4 million: an increase of
$11.8 million, for F 15 modifications; a decrease of $5.0 million for
terminated upgrades; an increase of $12.8 million for the PW 220E engine
program; and an increase of $4.0 million for data link acceleration.
16 modifications
The budget request included $216.2 million for F 16 modifications.
The House bill would authorize an increase of $20.0 million for a
digital terrain system (DTS).
The Senate amendment would authorize an increase of $8.6 million to
procure non-developmental item (NDI) systems that incorporate in one pod
the targeting and navigation functions of the low-altitude navigation
and targeting infrared for night (LANTIRN) pods.
The conferees agree to authorize $209.2 million for F 16
modifications, a decrease of $7.0 million from the budget request. The
$7.0 million reduction is the result of a reduction of $13.0 million for
global positioning system (GPS), a reduction of $6.0 million for late
obligations, offset by an increase of $12.0 million for DTS.
Passenger safety and global air traffic management
Although the budget request included funds to modify some Air Force
aircraft to comply with global air traffic management (GATM)
requirements, there was no specific request for either GATM or passenger
safety modifications for Air Force aircraft.
The House bill would authorize an increase of $67.7 million for
GATM, but no increase for passenger safety modifications.
The Senate amendment would authorize the budget request. The Senate
report (S. Rept. 105 29) included specific direction to the Secretary of
Defense to encourage the use of commercial off-the-shelf (COTS)
technology and non-developmental item (NDI) solutions to GATM
requirements.
The conferees agree to authorize an increase of $17.5 million for
the modification of Air Force aircraft to comply with GATM requirements,
and $32.5 million for passenger safety modifications, to include
initiation of navigation safety phase II modifications, the traffic
collision avoidance system (TCAS), and the ground proximity warning
system (GPWS), as directed by the Secretary of Defense. The conferees
expect the Air Force to include in the fiscal year 1999 budget request
and the Future Years Defense Program (FYDP) sufficient funding to
complete these required upgrades.
Defense Airborne Reconnaissance Program
Procurement for the Defense Airborne Reconnaissance Program (DARP)
is contained in a number of procurement lines, distributed among the
individual services and the defense-wide procurement account. The budget
request included:
(1) $67.1 million in Aircraft Procurement, Air Force (APAF) line 60;
(2) $141.5 million in APAF, line 73;
(3) $12.8 million in Other Procurement, Air Force (OPAF), line 111;
and
(4) $97.5 million in Procurement, Defense-wide (PDW), line 7.
The conferees agree to authorize increases in DARP procurement as
shown below:
DEFENSE AIRBORNE RECONNAISSANCE PROCUREMENT PROGRAMS
[In millions of dollars]
Program Budget request Proposed change Conference agreement
House Senate
Rivet Joint mods 61.1 61.1
Rivet Joint technology transfer 20.0 20.0 5.6
Combat Sent mods 6.0 6.0
RC 135 re-engining 52.0 27.4
RJ Sensors and spares 35.0
SR 71 mods 9.0 9.0
---------------- --------- --------- --------
Subtotal--APAF 60 67.1 72.0 29.0 144.1
================ ========= ========= ========
Budget Request 141.5 141.5
RC 135 re-engining 54.8 0
Senior Glass 13.0 24.0
SYERS 5.0 5.0
---------------- --------- --------- --------
Subtotal--APAF 73 141.5 5.0 67.8 170.5
================ ========= ========= ========
DARP RC 135 12.8 12.8
RJ Sensors and spares 35.0
---------------- --------- --------- --------
Subtotal--OPAF 111 12.8 35.0 12.8
================ ========= ========= ========
DARP 97.4 97.4
Common automatic recovery system 5.0
---------------- --------- --------- --------
Subtotal--PDW 7 97.4 5.0 97.4
Theater airborne warning system
The budget request included no funds for the Theater Airborne
Warning System (TAWS) program, which is designed to equip the existing
fleet of Rivet Joint aircraft with a medium-wave infrared sensor for
ballistic missile detection.
The House bill and Senate amendment would authorize an increase of
$20.0 million for the TAWS program.
The conferees agree to authorize an increase of $5.6 million for the
demonstration phase of the TAWS program. If this phase of the program
proves to be successful, the conferees would be supportive of moving
into the procurement phase in order to equip the Rivet Joint fleet with
this capability.
Overview
The budget request for fiscal year 1998 contained an authorization
of $404.0 million for Ammunition Procurement, Air Force in the
Department of Defense. The House bill would authorize $437.0 million.
The Senate amendment would authorize $420.8 million. The conferees
recommended an authorization of $398.5 million. Unless noted explicitly
in the statement of managers, all changes are made without prejudice.
Offset Folios 1091 to 1092 Insert here
Overview
The budget request for fiscal year 1998 contained an authorization of
$2,557.7 million for Missile Procurement, Air Force in the Department of
Defense. The House bill would authorize $2,389.2 million. The Senate
amendment would authorize $2,411.2 million. The conferees recommended an
authorization of $2,376.3 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1094 to 1095 Insert here
AGM 130 powered GBU 15
The budget request included $1.5 million for AGM 130 management,
administration, and contractor support.
The House bill would authorize an increase of $41.0 million for the
procurement of 100 AGM 130 missiles.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $25.0 million, an increase of $23.5
million for AGM 130.
AGM 65 Maverick
The budget request included no funds for AGM 65 modifications.
The House bill would authorize $11.0 million for AGM 65 modifications.
The Senate amendment would authorize the budget request.
The conferees understand that early-generation models of the AGM 65
require upgrading to further extend their longevity. The conferees are
aware that the gap between the completion of testing and the beginning
of production could significantly increase the cost of the upgrade, as
well as unacceptably delay its fielding. Therefore, the conferees agree
to authorize an increase of $8.0 million to eliminate any gap with
low-rate production and to ensure a smooth transition to full-rate
production, which the conferees assume will occur in fiscal year 1999.
Overview
The budget request for fiscal year 1998 contained an authorization
of $6,561.3 million for Other Procurement, Air Force in the Department
of Defense. The House bill would authorize $6,574.1 million. The Senate
amendment would authorize $6,798.5 million. The conferees recommended an
authorization of $6,543.6 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1098 to 1101 Insert here
Theater deployable communications
The budget request included $17.0 million for the procurement of
tactical communications and electronics equipment.
The House bill would authorize an increase of $25.0 million for
theater deployable communications equipment as part of its National
Guard and Reserve Equipment package.
The Senate amendment would authorize an increase of $38.0 million
for theater deployable communications equipment.
The conferees agree to authorize an increase of $18.0 million for
procurement of theater deployable communications equipment.
Overview
The budget request for fiscal year 1998 contained an authorization
of $1,695.1 million for Defense-wide Procurement in the Department of
Defense. The House bill would authorize $1,837.0 million. The Senate
amendment would authorize $1,749.3 million. The conferees recommended an
authorization of $2,057.2 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1104 to 1107 Insert here
Automated document conversion system
The budget request included no funds for the automated document
conversion system (ADCS).
The House bill would authorize $30.0 million for ADCS.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $20.0 million for ADCS.
Advanced SEAL delivery system
The budget request included $43.2 million for the special operations
Advanced SEAL Delivery System program.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to a total authorization of $8.9 million and the
transfer of $34.3 million to PE 116404BB, as discussed in Title II of
this conference agreement.
Night firing scopes
The budget request included $10.3 million for special operations
small arms procurement.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.4 million for
night vision scopes for the M4 carbine.
The conferees agree to authorize an increase of $1.0 million for
night vision scopes.
Overview
The budget request for fiscal year 1998 contained no authorization
for National Guard and Reserve Procurement in the Department of Defense.
The House bill would authorize $700.4 million. The Senate amendment
would authorize $653.0 million. The conferees recommended an
authorization of $643.0 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Overview
The conferees recognize the increasingly critical role that reserve
component forces play in worldwide deployments and are concerned about
current and prior year levels of funding for reserve component
modernization. It is essential that both active and reserve component
leadership work together to identify total force modernization
requirements and ensure that these requirements are funded. The
conferees strongly encourage the Department of Defense to work closely
with each of the military departments to ensure the modernization of the
reserve components.
The budget request included $968.5 million, as shown in the table
below, for National Guard and Reserve equipment.
National Guard and Reserve Equipment and Aircraft
Millions
Procurement of WTCV, Army
$22.1
Procurement of Ammunition, Army
143.8
Other Procurement, Army
382.9
Aircraft Procurement, Navy
35.1
Procurement of Ammunition (Navy & Marine Corps)
6.0
Other Procurement, Navy
3.9
Procurement, Marine Corps
17.9
Aircraft Procurement, Air Force
238.2
Procurement of Ammunition, Air Force
29.5
Other Procurement, Air Force
89.2
Department of Defense total
968.5
The conferees agree to authorize funding increases for reserve
component programs as follows:
Millions
UH 60 Blackhawk
$89.0
M109A6 Paladin
56.0
Field Artillery Ammunition Support Vehicles
40.0
Heavy Equipment Transporter vehicles
45.0
Bradley Fighting Vehicle upgrades
95.0
Theater Deployable Communications
18.0
Airborne Mine Counter-Measure equipment
7.5
KC 135 re-engining
52.0
16 Improved Avionics Intermediate Shop
16.0
C 130 aircraft
433.4
Total increase
851.9
Additionally, the conferees agree to authorize an increase of $365.0
million to the budget request for National Guard and Reserve
miscellaneous equipment:
Millions
Army Reserve
Miscellaneous
$75.0
Navy Reserve
Miscellaneous
80.0
Marine Corps Reserve
Miscellaneous
65.0
Air Force Reserve
Miscellaneous
50.0
Army National Guard
Miscellaneous
70.0
Air National Guard
Miscellaneous
25.0
Total Miscellaneous equipment
365.0
The conferees direct that the miscellaneous funding be allocated
exclusively by reserve component chiefs and that reserve component
chiefs give priority consideration to the following items: medium truck
extended service programs; carrier modifications; CH 47 helicopters;
multiple launch rocket systems; Avenger air defense systems (including
table top trainers); training simulator devices; night vision equipment;
mobile backscatter truck inspection system; heavy expanded mobility
tactical truck (HEMTT) wrecker; HEMTT fuel tanker conversion kit; all
terrain crane (20 ton); Atlas 10K variable reach forklift; barge
derrick; reverse osmosis water purification unit, 3 thousand gallons per
hour; 5KW generator set; MK 19 grenade machine gun; F/A 18
modifications; C 9 replacement aircraft; SH 60B Seahawk helicopter;
mobile inshore underwater van upgrades; logistics vehicle system (LVS);
MK 48 front power unit; LVS rear body units; F/A 18+ modifications; CH
53E helicopters; F 16 situational awareness data link; F 16 laser
designator/targeting pods; A 10 situational awareness data link; A 10
electronic warfare management system; F 16 upgraded data transfer unit;
HH 60 helicopter self protection system; F 16 electronic warfare
management system; ALQ 131 multiplexer bus interface; C 130 integrated
electronic warfare suite; enhanced flightline security systems; combat
arms training equipment; C 5 simulator; vibration management enhancement
program; 5 ton truck; maneuver control system; CH 47D full authority
digital engine control; small arms engagement skills trainers; CH 47D
fuel cells; M917 dump trucks; B 1 enhancements; F 16/A 10 digital
transfer cartridge; and F 16 C/D onboard oxygen generating system.
Funding allocated by reserve component chiefs for miscellaneous
equipment must meet the following criteria:
(1) there is a requirement for the equipment that has been validated
by the Joint Requirements Oversight Council;
(2) that such equipment is included for reserve component
modernization in the future-years defense program;
(3) that such equipment is consistent with the use of reserve
component forces called for in Department warplans; and
(4) the funds can be obligated during the fiscal year for which
funds have been authorized and appropriated.
Overall, the conferees agree to authorize a total of $2.2 billion
for National Guard and Reserve equipment and aircraft.
Overview
The budget request for fiscal year 1998 contained an authorization
of $620.7 million for Chemical Agent and Munitions Destruction, Army in
the Department of Defense. The House bill would authorize $610.7
million. The Senate amendment would authorize $614.7 million. The
conferees recommended an authorization of $600.7 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1114 insert here
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Chemical agents and munitions destruction program (sec. 107)
The budget request included $620.7 million for the defense chemical
agents and munitions destruction program, to include: $472.2 million for
operation and maintenance; $82.2 million for procurement; and $66.3
million for research and development. Additionally, the budget request
included $131.6 million for military construction.
The House bill contained a provision (sec. 107) that would authorize
$610.7 million for the chemical agents and munitions destruction
program.
The Senate amendment contained a provision (sec. 107) that would
authorize $614.7 million for the chemical agents and munitions
destruction program, including an increase of $4.0 million for research
and development to expedite and accelerate the development and fielding
of critical advanced sensors that are part of the Army's mobile
munitions assessment system.
The Senate recedes with an amendment.
The conferees agree to a provision (sec. 107) that would authorize
$600.7 million for the defense chemical agents and munitions destruction
program, to include: $72.2 million for procurement; $462.2 million for
operation and maintenance; and $66.3 million for research and
development. Of the amount authorized for research and development, $4.0
million shall be available to expedite and accelerate the development
and fielding of critical advanced sensors that are part of the Army's
mobile munitions assessment system.
Conduct of the chemical agents and munitions destruction program
Section 152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106), directed the Secretary of Defense to
conduct an assessment of the chemical stockpile disposal program and to
consider measures that could be taken to reduce program costs, while
continuing to ensure the maximum protection of the public, the workers,
and the environment. Section 152 also required the Secretary to report
the results of the assessment to the Congress with the submission of the
fiscal year 1998 defense budget request. Consideration of the use of
alternative demilitarization technologies (other than incineration) was
to be specifically addressed.
The conferees support the Department of Defense (DOD) position and
the National Research Council recommendation that the Army proceed with
the current baseline incineration program until the evaluation of
alternative chemical munitions destruction technologies is concluded.
The conferees note the progress made in chemical demilitarization
operations at Johnston Atoll and Tooele, Utah, the approval of
environmental permits, and the award of the chemical demilitarization
facility construction contract at Umatilla, Oregon, and the status of
the environmental permitting process for the chemical demilitarization
sites at Anniston, Alabama, and Pine Bluff Arsenal, Arkansas.
The conferees support the Department's decision to continue efforts
to develop chemical neutralization technologies for destruction of the
chemical agents at the bulk-only chemical storage sites. The conferees
urge the appropriate and expeditious pursuit of any necessary National
Environmental Policy Act (NEPA) analysis of the research and development
efforts to support pilot testing of these alternative technologies for
use at Aberdeen Proving Ground, Maryland, and Newport Chemical Depot,
Indiana.
The conferees also agree with plans by the Department to assess the
feasibility of alternative technologies for destruction of lethal
chemical agents associated with assembled chemical munitions and would
support the demonstration of those alternatives deemed feasible for
potential use at the chemical demilitarization sites at Pueblo,
Colorado, and Lexington-Blue Grass Army Depot, Kentucky. As required by
Section 142 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201), the conferees expect the Secretary of Defense
to submit a report to the Congress by December 31, 1997, that identifies
the status of the assessment, the technologies that appear to be
feasible, the plans for further assessment and demonstration of these
technologies, and the potential impact on the cost and schedule for
completion of destruction operations at Pueblo and Lexington-Blue Grass.
The conferees understand that a major aspect of the chemical
non-stockpile materiel project is the development of a system for
disposal of the chemical agent identification kits, which have been
classified as chemical weapons/agents for the purpose of the chemical
disposal program, rather than hazardous waste. The conferees direct the
Secretary of Defense to conduct an assessment of its policy, which
includes chemical agent identification kits in the chemical agent
demilitarization program, the current plans for disposal, and the
potential changes in policy and disposal alternatives that could result
in significant reductions in the cost of the non-stockpile program with
no reduction in overall program safety. The assessment shall be
conducted in coordination with the National Research Council. The
results of the assessment and the Secretary's decision should be
provided to the congressional defense committees by March 31, 1998.
Chemical stockpile emergency preparedness program (CSEPP)
The conferees note the actions taken by the DOD and the Army to
improve management of the chemical weapons demilitarization program and
to make the program more responsive to community concerns. The conferees
believe that the Army and the DOD must continue to emphasize the
involvement of the communities with chemical stockpile storage sites
that are part of the program's decision-making process. The conferees
also note progress in improving emergency preparedness planning and
preparations by both states and local communities near the chemical
stockpile storage sites, but believe that continued effort is required.
Section 1076(a) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104 201) directed the Secretary of the Army to
submit a report to the Congress that would assess the successful
implementation of site specific integrated product and process teams
(IPT) as a management tool for the chemical stockpile emergency
preparedness program (CSEPP). On July 9, 1997, the Secretary of Defense
advised the Congress that the Army and the Federal Emergency Management
Agency (FEMA) had reached an agreement on the implementation and
establishment of the site-specific IPTs, and advised the Congress of
changes in the management of the CSEPP. The conferees understand that
under the terms of the agreement between the Army and FEMA, the State
and local community governments would be given the flexibility they need
to implement the emergency preparedness program. Under the agreement,
funding for, and the conduct of on-post emergency preparedness and
technical support for on-post and off-post emergency preparedness will
remain the responsibility of the Army. FEMA will assume responsibility
and accountability for working with State and local governments to
enhance the required off-site emergency preparedness capabilities within
established resources. The conferees are aware that the Director of FEMA
intends to empower the FEMA regional offices with the primary
responsibility and accountability for working with the State and local
communities, and to restructure FEMA headquarters operations to create a
more efficient and cost-effective management structure.
The conferees understand that the Army and FEMA believe that
legislative authority is necessary to codify the agreement between the
Army and FEMA. The conferees note that FEMA already possesses
considerable authority for off-site emergency preparedness under
existing law and that the fiscal year 1998 budget contained no formal
proposal to establish a separate defense-related activities program
account for FEMA. The conferees direct the Secretary of Defense to
submit any proposed legislative changes and the budget for the CSEPP in
the fiscal year 1999 DOD budget request. The congressional defense
committees will review any proposed legislation and the budget request
for CSEPP during consideration of the fiscal year 1999 budget request,
as well as progress made in emergency preparedness, the implementation
of the site-specific IPT, and the working relationships among Federal,
State, and local authorities involved in the CSEPP.
SUBTITLE B--ARMY PROGRAMS
Army helicopter modernization plan (sec. 111)
The Senate amendment contained a provision (sec. 111) that would
require the Army to provide a plan to the Congress that would address
current and future helicopter modernization requirements and proposed
funding. Specifically, the provision would require the Army to report on
the following:
(1) A detailed assessment of the Army's present and future
helicopter inventory, including number of aircraft, age of aircraft,
availability of spare parts, flight hour costs, roles and functions
assigned to the fleet as a whole and to its individual types of
aircraft, and the mix of active component and reserve component aircraft
in the fleet;
(2) Estimates and analysis of requirements and funding proposed for
procurement of new aircraft;
(3) An analysis of requirements and funding proposed for extended
service plans or service life extension plans for fleet aircraft;
(4) A plan for retiring aircraft no longer required or capable of
performing assigned functions, including a discussion of opportunities
to eliminate older aircraft models and to focus future funding on
current or future generation aircraft;
(5) The implications of the plan for the defense industrial base;
The provision would require the Secretary of the Army to certify
that the plan would be funded in the Future Years Defense Program
submitted to Congress in Fiscal Year 1998 and would limit the obligation
of funds to no more than 25 percent of the amounts authorized to be
appropriated for helicopter modifications or upgrades until 30 days
after the aircraft modernization plan is provided to the congressional
defense committees.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the obligation
of funds to 80 percent of funds authorized for helicopter modifications
and would require the Secretary of the Army to design the plan so that
it could be funded within the funding levels expected to be available
for Army aircraft programs in the next Future Years Defense Program.
Multiyear procurement authority for specified Army programs (sec. 112)
The Senate amendment contained a provision (sec. 112) that would
authorize the Secretary of the Army to enter into a multiyear
procurement contract, beginning with fiscal year 1998, for the
procurement of the AH 64D fire control radar system. The Senate
amendment contained an additional provision (sec. 113) that would
authorize the Secretary of the Army to enter into a multiyear
procurement contract, beginning with fiscal year 1998, for the
procurement of trucks associated with the family of medium tactical
wheeled vehicles.
The House bill contained no similar provisions.
The House recedes.
M113 vehicle modifications (sec. 113)
The conferees agree to a legislative provision (sec. 113) that would
make available $35.2 million only for procurement and installation of A3
upgrade kits for the M113 vehicle.
SUBTITLE C--NAVY PROGRAMS
New Attack Submarine program (sec. 121)
The budget request included $284.8 million for advance procurement
of components for future nuclear attack submarines, and proposed a
change in the acquisition strategy contained in the National Defense
Authorization Act for Fiscal Year 1997 that directed competition between
two submarine shipbuilders. The proposed change in strategy includes a
contractor teaming agreement to build the first four new attack
submarines.
The House bill authorized the budget request and contained no
provision on submarine teaming.
The Senate amendment contained a provision (sec. 121) that would
authorize the Secretary of the Navy to enter into a contract or
contracts for the construction of four nuclear attack submarines under
the terms of a teaming arrangement between Electric Boat and Newport
News Shipbuilding.
The House recedes.
CVN 77 Nuclear Aircraft Carrier program (sec. 122)
The budget request included no funding for CVN 77.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 122) that would:
(1) authorize $345.0 million for procurement and construction of
components for the CVN 77 aircraft carrier and authorize the Secretary
of the Navy to enter into a contract or contracts with the carrier
shipbuilder for such purposes;
(2) authorize $35.0 million for research, development, test, and
evaluation of technologies that have potential for use in the CVN 77;
and
(3) direct the Secretary to structure the procurement of the CVN 77
so that the carrier is acquired for an amount not to exceed $4.6
billion, with allowances for adjustments to this amount due to:
(a) outfitting and post delivery costs,
(b) inflation occurring after or compliance with changes in Federal,
state, or local laws enacted after September 30, 1997,
(c) increases or decreases in costs attributable to new technology
built into CVN 77 as compared to the technology built into the baseline
design of the CVN 76, and
(d) increases or decreases in costs resulting from changes the
Secretary proposes in the funding plan of the so-called Smart Buy
proposal on which the projected savings are based.
The House recedes with an amendment which would:
(1) authorize the Secretary of the Navy to procure the CVN 77
subject to the availability of appropriations for that purpose;
(2) authorize $50.0 million for advance procurement and advance
construction of components for the CVN 77 and authorize the Secretary of
the Navy to enter into a contract or contracts for such purposes;
(3) permit the Secretary of Defense to transfer up to $295.0 million
to the CVN-77 program and allow this transfer to be made in addition to
the transfer authority limit provided for elsewhere in the National
Defense Authorization Act for Fiscal Year 1998;
(4) direct the Secretary of the Navy to obligate and expend the
funds available for advance procurement and advance construction of
carrier components for the CVN 77 in fiscal year 1998 in a manner that
is designed to result in cost savings that will meet a cost limitation
of $4.6 billion for the procurement of that vessel;
(5) direct the Secretary of Defense to make plans to attain the cost
savings in the funding plan presented to Congress by the ship builder in
March 1997; and
(6) direct the Secretary of the Navy to structure and manage the CVN
77 procurement program so that the $4.6 billion cost limitation is not
exceeded, except for adjustments to this amount resulting from:
(a) outfitting and post delivery costs,
(b) inflation occurring after or compliance with changes in Federal,
state, or local laws enacted after September 30, 1997,
(c) increases or decreases in costs attributable to new technology
built into CVN 77 as compared to the technology built into the baseline
design of the CVN 76, and
(d) increases or decreases in costs resulting from changes the
Secretary proposes in the funding plan on which the projected savings
are based.
The conferees support construction of the CVN 77 and believe that
initiating advance procurement for it in fiscal year 1998, rather than
in fiscal year 2000 as currently projected in the Future Years Defense
Program (FYDP), has the potential to produce considerable savings if
additional funds are provided in fiscal years 1998 through 2001.
Therefore, the conferees strongly encourage the Secretary of Defense to
make available up to $295.0 million in fiscal year 1998 and to include
in the FYDP accompanying the fiscal year 1999 budget request the funding
necessary to achieve the savings required to remain within the $4.6
billion cost limitation.
Exclusion from cost limitation for Seawolf submarine program (sec. 123)
The Senate amendment contained a provision (sec. 123) that would
reaffirm the existing cost cap for Seawolf submarines but would make it
clear that certain costs associated with now canceled Seawolf submarines
should not be taken into account.
The House bill contained no similar provision.
The House recedes with an amendment that would exclude from the cost
limitation for the Seawolf submarine program $272.4 million initial
class design costs that were previously allocated to other canceled
ships in the class. The amendment would also require the Inspector
General of the Department of Defense to determine whether:
(1) the request of the Secretary of the Navy for exclusion of $745.4
million of the costs associated with canceled submarines is justified;
and
(2) any further exclusions from or increases to the cost cap will be
required.
The Inspector General shall report the findings to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives not later than March 30, 1998.
SUBTITLE D--AIR FORCE PROGRAMS
Authorization for B 2 bomber program (sec. 131)
The budget request included $174.1 million for modification of
aircraft on order or already in the inventory to the Block 30
configuration.
The House bill would authorize an increase of $331.2 million for
long lead funding for an additional nine aircraft above the 21 already
authorized.
The Senate amendment would authorize the budget request and included
a provision (sec. 131) that would prohibit the use of any funds to
procure any additional B 2 bomber aircraft or to maintain any part of
bomber industrial base solely for the purpose of preserving the option
to procure additional B 2 bomber aircraft in the future.
The Senate recedes with an amendment.
The conferees agree to authorize $331.2 million to be used either
for long lead activities related to the procurement of additional B 2
aircraft, or for modification and repair of the existing fleet of B 2
bomber aircraft, depending on the President's determination of the
requirement for additional B 2 aircraft.
The provision would also direct the Secretary of Defense to ensure
that all appropriate actions are taken to preserve the options of the
President until submission of the report required by section 8131 of the
Department of Defense Appropriations Act for fiscal year 1998.
ALR radar warning receivers (sec. 132)
The Senate amendment contained a provision (sec. 132) that would
require a study of the comparative effectiveness of upgrading the ALR 69
radar warning receiver and further acquisition of the ALR 56M radar
warning receiver.
The House bill contained no similar provision.
The House recedes.
Analysis of requirements for replacement of engines on
military aircraft derived from Boeing 707 aircraft (sec. 133)
The Senate amendment contained a provision (sec. 142) that would
require a study of re-engining priorities, options, and benefits for
military aircraft derived from Boeing 707 type aircraft.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the
requirements for the study.
SUBTITLE E--OTHER MATTERS
Pilot program on sales of manufactured articles and services
of certain army industrial facilities without regard to availability
from domestic sources (sec. 141)
The Senate amendment contained a provision (sec. 143) that would
authorize Army industrial facilities to sell articles or services to an
entity that will incorporate those articles or services into a weapon
system to be procured by the Department of Defense or will use those
articles or services to manufacture weapon systems that will be
ultimately procured by the Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize a two-year
pilot program for not more than three facilities and require a review by
the Inspector General of the Department of Defense.
NATO Joint Surveillance/Target Attack Radar System (sec. 142)
The Senate amendment contained a provision (sec. 144) that would
allow the Secretary of Defense to initiate contracts for Phase I of a
NATO Alliance Ground Surveillance (NATO AGS) capability based on the
Joint Surveillance/Target Attack Radar System (JSTARS) following the
conclusion of a cooperative project agreement for a NATO AGS. The Senate
amendment would also authorize the transfer of funds from U.S. JSTARS to
the NATO AGS program, and would allow for the modification of two Air
Force JSTARS aircraft into a NATO configuration.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on obligation of funds for the Seawolf submarine program
The House bill contained a provision (sec. 121) that would prohibit
the obligation of more than 50 percent of the fiscal year 1998 funds
authorized and appropriated for the Seawolf submarine until the
Secretary of the Navy certifies that not less than 50 percent of the New
Attack Submarine technology insertion opportunities for the first four
submarines were included in the Future Years Defense Program
accompanying the fiscal year 1999 budget request.
The Senate amendment contained no similar provision.
Having received written assurance from the Secretary that the fiscal
year 1999 budget request will comply with the provision in the House
bill, the House recedes.
Reduction in authorization of appropriations
The Senate amendment contained a provision (sec. 110) that would
reduce funds available to the Department of Defense for Advisory and
Assistance Services by $30.0 million.
The House bill contained no similar provision.
The Senate recedes.
Airborne self-protection jammer
The Senate amendment contained a provision (sec. 124) that would
place a limitation on the resumption of serial production of the
Airborne Self-Protection Jammer, pending a certification by the
Secretary of Defense.
The House bill contained no similar provision.
The Senate recedes.
Prohibition on use of funds for acquisition or alteration of
private drydocks
The Senate amendment contained a provision (sec. 141) that would
prevent the use of DOD funds for the expansion of private drydocks.
The House bill contained no similar provision.
The Senate recedes.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Overview
The budget request for fiscal year 1998 contained an authorization
of $35,934.5 million for Research and Development in the Department of
Defense. The House bill would authorize $37,273.7 million. the Senate
amendment would authorize $36,957.0 million. The conferees recommended
an authorization of $36,537.0 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1125 insert here
Overview
The budget request for fiscal year 1998 contained an authorization
of $4,510.8 million for Army, Research and Development in the Department
of Defense. The House bill would authorize $4,752.9 million. The Senate
amendment would authorize $4,745.5 million. The conferees recommended an
authorization of $4,633.5 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1127 to 1136 insert here
FUNDING EXPLANATIONS
University and industry research centers
The budget request included $45.5 million in PE 61104A for
university and industry research centers.
The House bill would authorize an increase of $1.9 million in PE
61104A for electromechanics and hypervelocity physics.
The Senate amendment would authorize an increase of $2.3 million in
PE 61104A for the Army federated laboratory advanced telecommunications
and information distribution research program (ATIRP).
The conferees agree to authorize an increase of $1.0 million for
electromechanics and hypervelocity physics. The conferees also agree to
authorize $2.3 million of the remaining funds for the establishment of
the ATIRP.
Combat vehicle and automotive advanced technology
The budget request included $33.1 million for Combat Vehicle and
Automotive Advanced Technology (PE 62601A).
The House bill authorized an increase of $11.0 million for a variety
of innovative research projects.
The Senate amendment would authorize an increase of $4.0 million for
the National Automotive Center to fund cooperative contracts using
matching funds (PE 62601A).
The conferees agree to authorize $40.612 million in PE 62601A, an
increase of $7.5 million: $4.0 million for continued funding of
cooperative and dual-use contracts to integrate commercial automotive
technology into Army vehicles; $1.0 million for completion of the High
Output Diesel Engine (HODE) project; and $2.5 million for new
alternative vehicle propulsion efforts with industry and academia,
including, but not limited to, innovation or improvements related to
diesel, internal combustion, fuel cell, and electric propulsion
technologies.
The conferees commend the National Automotive Center for its efforts
to improve the automotive technology available in Army ground vehicle
systems while reducing the operating and support costs, particularly
through the use of affordable commercial technology, competitive
procedures, and matching funds from industry.
Plastic cased ammunition
The budget request included $18.2 million in PE 63004A for weapons
and munitions advanced technology.
The House bill would authorize an increase of $8.0 million in PE
63004A: $5.0 million for electro-rheological fluids recoil for future
artillery systems; and $3.0 million for plastic cased ammunition.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for
plastic cased ammunition research in PE 62624A. The conferees
also agree to authorize a reduction of $1.1 million, without prejudice,
in PE 62624A.
Electronics and electronic devices
The budget request included $20.2 million in PE 62705A for research
and development in electronics and electronic devices.
The House bill would authorize an increase of $5.0 million for field
battery recharging capability (thermophotovoltaic) research and $3.0
million for battery manufacturing technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase: $1.5 million for field
battery recharging capability (thermophotovoltaic) research; and $1.5
million for manufacturing technology research associated with AA zinc
batteries for military applications.
Bioremediation, education, science, and technology program
The budget request included $17.5 million for environmental quality
technology within PE 62720A. The budget request included no funds in
that program element for the bioremediation, education, science, and
technology program (BEST), which supports multidisciplinary research and
education in bioremediation science.
The House bill would authorize an additional $4.0 million in PE
62720A for the BEST program.
The Senate amendment would authorize the budget request.
The Senate recedes.
The conferees expect that the use of additional funds for BEST will
provide a direct benefit to the Department of Defense efforts in the
area of bioremediation.
Plasma energy pyrolysis system
The budget request included $17.5 million for environmental
technology in PE 62720A. No funding was specifically identified for the
Plasma Energy Pyrolysis System (PEPS) technology.
The House bill and Senate amendment would authorize $8.7 million for
PEPS technology.
The conferees agree to an increase of $6.0 million in PE 62720A for
the ongoing joint effort between the U.S. Army Environmental
Center/Environmental Technology Division and the Tennessee Valley
Authority/Muscle Shoals Environmental Research Center to develop,
demonstrate, and validate the PEPS technology.
The purpose of PEPS is to develop plasma technology as a method of
producing heat for the breakdown of waste materials. The Muscle Shoals
Environmental Research Center provides a level of technical expertise
that stems from forty years of experience in working with electric arc
furnaces, a thermal process similar to PEPS. For that reason, the
participation of the Muscle Shoals Environmental Research Center is a
necessary element of PEPS. However, the conferees direct that no more
than 15 percent of the PEPS funds be made available for
the participation of the Muscle Shoals Environmental Research Center.
The goals of the PEPS program are to evaluate the capability of
plasma technology for the destruction of hazardous components, verify
slag suitability for regular landfill disposal, identify potential
hazards associated with the process emissions, and develop qualified
cost estimates for the future use of the process on large scale
operations. The conferees direct the Secretary of the Army to report to
the congressional defense committees on the progress made in meeting
these goals with fiscal year 1998 funds.
Radford Environmental Development and Management Program
The budget request included $17.5 million for environmental quality
technology within PE 62720A. No funding was specifically identified to
support the development of an integrated environmental and pollution
prevention management and control system through the Radford
Environmental Development and Management Program (REDMAP).
The House bill would direct the Secretary of the Army to ensure
adequate support for the REDMAP initiative within funds authorized for
environmental quality technology.
The Senate amendment would authorize an increase of $5.0 million in
PE 62720A to support REDMAP.
The conferees agree to authorize an increase of $5.0 million in PE
62720A for REDMAP. The conferees note that some of the basic research
necessary for REDMAP has already been accomplished through the Facility
Environmental Management and Monitoring System (FEMMS) at Tobyhanna Army
Depot, Pennsylvania. The conferees expect that REDMAP will use relevant
information developed through FEMMS.
Military engineering technology
The budget request included $36.4 million in PE 62784A for military
engineering technology.
The Senate amendment would authorize an increase of $5.0 million in
PE 62784A: $1.0 million to enhance research in combat support, combat
engineering, and base facility construction, operations, and maintenance
at locations subject to cold weather; and $4.0 million for energy
efficient military applications.
The House bill would authorize the budget request.
The conferees agree to an increase of $1.0 million in PE 62784A for
cold weather research. The conferees also agree to an increase of $4.0
million in PE 65856A for fuel cell military applications as mentioned
elsewhere in the report.
Medical advanced technology
The budget request included $10.6 million in PE 63002A for medical
advanced technology.
The House bill would authorize an increase of $5.8 million in PE
63002A: $3.5 million for virtual reality emergency medical telemedicine
(VREMT); and $2.3 million for telemedicine technology.
The Senate amendment would authorize an increase of $4.6 million in
PE 63002A: $1.0 million for intravenous membrane oxygenator; and $3.6
million for Meals Ready-to-Eat nutrition research.
The conferees agree to authorize an increase of $2.5 million for
VREMT. The conferees also agree to authorize an increase of $3.5 million
for nutrition research in PE 62787A.
Combat vehicle and automotive advanced technology
The budget request included $32.7 million to develop combat vehicle
and automotive technologies.
The House bill would authorize an increase of $3.0 million to
support development of advanced composite materiel and electric drive
technology.
The Senate amendment would authorize an increase of $9.0 million to
further explore aluminum metal matrix technologies.
The conferees agree to authorize a total of $38.7 million in PE
63005A. Of this amount, $2.0 million is for advanced composite materiel
development and $6.5 million is for aluminum metal matrix technologies.
Information systems technology, superiority, and security
The budget request included $544.4 million for information systems
and information technology research, development, test, and evaluation.
Of that amount, $306.0 million was for information security research,
development, test, and evaluation.
The House bill would authorize the following increases to the budget
request:
(1) $2.0 million in PE 63006A for tactical internet command and
control protection;
(2) $6.7 million in PE 65604A for information operations/warfare
survivability analysis of command, control, communications, and
computers/information electronic warfare systems;
(3) $1.6 million in PE 33150A for development and application of
information protection measures for the Army's component of the global
command and control systems for the U.S. European Command; and
(4) $2.7 million in PE 33140F for the Air Force information
protection program.
The House report (H. Rept. 105 132) would also direct the Secretary
of Defense to provide to the congressional defense committees, with the
submission of the fiscal year 1999 budget request, an assessment of the
progress in the Department's information systems security program that
addresses the current status of the program, specific actions being
taken on the recommendations of the 1996 Defense Science Board Task
Force on Information Warfare-Defense, and additional actions that should
be taken to assure the increased security and integrity of the Defense
information infrastructure. The House report would also require the
Secretary to address measures necessary to assure the integrity of those
elements of the National Information Infrastructure on which the Defense
Information Infrastructure depends, and to identify any additional
resources and legislative authority which might be required.
The Senate amendment would authorize the budget request.
The House recedes from its recommendation for additional funding.
The conferees, however, share the views expressed in the House report
regarding the need to treat information technology as a vital strategic
resource, and the need to address the potential vulnerabilities of the
information infrastructure. The conferees direct the Secretary of
Defense to submit to the congressional defense committees the assessment
of the Department's information systems security program as discussed in
the House report.
Missile and rocket advanced technology
The budget request included $117.1 million to develop missile
technologies.
The House bill would authorize a decrease of $57.7 million for the
enhanced fiber-optic guided missile (EFOG M) program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $31.4 million to continue
development of EFOG M technologies and complete the advanced concept
technology demonstration (ACTD) planned for fiscal year 1998. The
conferees further direct that funds provided for the ACTD be used
exclusively for that activity and not for procurement of additional
missiles beyond those required for the evaluation. The conferees also
agree to authorize an additional $3.0 million for the future missile
technology insertion program for a total authorization of $93.8 million
for PE 63313A.
Landmine warfare and barrier advanced technology
The budget request included $19.3 million to develop landmine
detection technologies.
The House bill would authorize an additional $5.0 million for
countermine technologies.
The Senate amendment would authorize an additional $6.6 million to
support development and testing of vehicular mounted mine detector
technologies.
The conferees agree to authorize $27.0 million in PE 63606A, an
increase of $2.7 million for the vehicular mounted mine detection system
and an additional $5.0 million for countermine technology development.
Joint service small arms program
The budget request included $4.8 million to conduct joint
development of future small arms requirements.
The House bill would authorize an increase of $7.0 million to
support development of the objective individual combat weapon (OICW) and
advanced light anti-armor weapon system (ALAWS) technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.5 million in PE
63607A. Of this amount, $3.0 million is for OICW and $1.5 million is for
ALAWS technology.
Armament enhancement initiative
The budget request included $40.3 million to develop future
generation main battle tank armaments.
The House bill would authorize an additional $20.0 million for
accelerated development of the tank extended range munition-kinetic
energy (TERM KE).
The Senate amendment would authorize the budget request.
The conferees agree to authorize a total of $38.3 million for the
Armament Enhancement Initiative (PE 63639A). The conferees note an Army
decision to terminate the Smart Target Activated Fire and Forget (STAFF)
munition and pursue further development of the Tank Extended Range
Munition-Kinetic Energy (TERM KE). The conferees, therefore, agree to
authorize a decrease of $17.0 million for STAFF and an increase of $15.0
million for TERM KE.
Aviation-advanced development
The budget request included $7.1 million to develop aviation
technologies.
The House bill would authorize an additional $5.0 million for
development of retinal display technologies.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $12.1 million in PE 63801A.
All source analysis system
The budget request included $24.0 million to continue development of
the All Source Analysis System (ASAS).
The House bill would authorize an increase of $3.5 million for
software upgrades.
The Senate amendment would authorize an increase of $3.2 million to
expand advanced fusion technology efforts.
The House recedes.
Light tactical wheeled vehicles
The budget request included $9.9 million to develop light tactical
wheeled vehicle technologies.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $9.9 million in PE
64642A and direct the Army to report on future light tactical wheeled
vehicle requirements. The conferees note the Army has failed to provide
a clear and definitized plan that addresses future light tactical
vehicle requirements and are unsure about the future direction of Army
wheeled vehicle programs.
Engineer mobility equipment development program
The budget request included $56.2 million to support improvements to
engineer mobility equipment (PE 64649A).
The House bill and Senate amendment would authorize the budget request.
The conferees agree to a total authorization of $52.2 million in PE
64649A, a decrease of $4.0 million. The conferees note that the engineer
mobility equipment development program has suffered from late obligation
and system management problems.
Automatic test equipment
The budget request included $2.6 million to develop automatic test
equipment technologies.
The House bill would authorize an increase of $2.3 million for
Integrated Family of Test Equipment (IFTE) technology development.
The Senate amendment authorized the budget request.
The Senate recedes.
Tactical exploitation of national capabilities
The budget request included $107.2 million for the various Tactical
Exploitation of National Capabilities (TENCAP) and related research and
development projects within the military services' Tactical Intelligence
and Related Activities aggregation and the Joint Military Intelligence
Program.
The House bill would authorize a decrease in these individual
accounts by approximately 10 percent.
The Senate amendment would authorize the budget request.
The House recedes.
The conferees agree that the tactical ``operationalization'' of
space has become relatively commonplace within military doctrine,
planning, and execution, and that specialized TENCAP projects to inform,
educate, and provide improved space-related capabilities should be
reviewed for possible reduction or reorientation. While the conferees
fully support the TENCAP program, they believe there may be a need to
begin to reduce and phase out the specialized projects to exploit space
and national capabilities. Such exploitation should be the focus of new
programs from the outset of their development.
Therefore, the conferees direct the Secretary of Defense to submit a
report to the congressional defense and intelligence committees by March
15, 1998, describing the Secretary's assessment of the continuing
utility of the TENCAP program, and recommendations for evolving or
phasing out the existing TENCAP program.
Combined arms tactical trainer
The budget request included $2.8 million to develop combined arms
tactical trainer (CATT) technologies.
The House bill would authorize the budget request.
The Senate amendment would authorize the transfer of $11.5
million from procurement to PE 64780A to resolve software
problems associated with these trainers.
The conferees agree to authorize $13.3 million in PE 64780A.
Landmine warfare/barrier-engineering development
The budget request included $22.6 million to develop minefield
detection technologies.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $13.9 million in PE
64808A for development work associated with the airborne standoff
minefield detection system (ASTAMIDS) as technical difficulties with
this technology have been identified and the system is not ready to
enter engineering and manufacturing development (EMD).
Sense and destroy armament missile-engineering development
The budget request included $22.4 million to continue development of
the sense and destroy armament missile (SADARM).
The House bill and Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $10.9 million for the
SADARM program. The conferees note the program has suffered from
technical difficulties associated with development of the baseline
munition. The conferees support the SADARM program but believe the
baseline system testing scheduled for calendar year 1998 should be
completed prior to funding preplanned product improvement work.
Fuel cells
The budget request included no funding for fuel cell technology.
The House bill would authorize an increase of $1.8 million in PE
63712N to establish a cooperative research and development effort for a
cost-shared demonstration of proton exchange membrane fuel cell
technology and an increase of $3.5 million in PE 63513N to continue the
program for design of a full scale ships service molten carbonate fuel
cell power plant and demonstration of a 500 kilowatt molten carbonate
fuel cell.
The Senate amendment would authorize an increase of $1.75 million in
PE 63712N to establish a cooperative research and development effort
between the Naval Surface Warfare Center (NSWC) in Crane, Indiana and
private industry. The Senate amendment also provided for an increase of
$4.0 million in PE 62784A for additional technology development of
energy efficient military applications between the U.S. Army Corps of
Engineers, Construction Engineering Research Laboratories and private
industry. In each instance, the Senate amendment directed participants
from the private sector to contribute an amount of funding that is
equivalent to the Federal funding level.
The conferees agree to authorize an increase of $1.75 million in PE
63712N, as discussed in the House report (H. Rept. 105 132) and the
Senate report (S. Rept. 105 29), an increase of $3.5 million in PE
63513N for continuation of molten carbonate fuel cell development, as
discussed in the House report, and an increase of $4.0 million in PE
65856A for additional technology development of energy efficient
military applications, as discussed in the Senate report.
The conferees note that over the course of several budget cycles
there have been numerous funding adds for development and utilization of
fuel cell technology. The conferees believe that there is an absence of
a clearly defined strategy and implementation program for the
development and application of advanced fuel cell technology and other
energy efficient applications for the Department of Defense (DOD). The
conferees direct the Secretary of Defense to develop a strategy to
address a broader spectrum of interests and applications of fuel cell
technology within the military departments. The conferees expect that
the strategy will include private sector contribution in an amount that
is, at a minimum, equal to the Federal funding level for the
continuation and development of fuel cell technology.
The conferees are also aware that the Department of Energy (DOE) has
been involved in the development and application of advanced fuel cell
technology. The conferees direct the Secretary of Defense to work with
the Secretary of Energy in the development of a common strategy to avoid
duplication of effort between the two departments.
The conferees direct the Secretary of Defense to report to the
congressional defense committees by March 31, 1998 on the overall
science and technology strategy for the development and application of
advanced fuel cell technology and other energy efficient applications by
the defense agencies and military departments. Moreover, the report
should explain the common strategy developed by the Secretaries of
Defense and Energy in this area.
Combat vehicle improvement program
The budget request included $136.5 million to develop combat vehicle
improvements to existing systems.
The House bill would authorize an increase of $20.1 million for
combat vehicle improvement purposes.
The Senate amendment would authorize an increase of $20.0 million
for combat vehicle improvement purposes.
The conferees agree to authorize an increase of $22.5 million in PE
23735A for a total of $159.0 million. Of this amount, $12.0 million is
for development of field emission display units for armored vehicles;
$4.0 million is for development of AN/VVR-1 Laser Warning Receivers; and
$6.5 million is for the M1 system enhancement program (SEP).
Aircraft modification/product improvement program
The budget request included $2.6 million to support improvements to
existing aircraft systems.
The House bill would authorize an increase of $20.0 million for the
improved cargo helicopter (ICH) program.
The Senate amendment would authorize an increase of $30.0 million
for ICH.
The conferees agree to authorize an increase of $20.0 million for
ICH in PE 23744 for a total of $22.6 million.
Digitization
The budget request included $157.0 million to support Army
digitization efforts.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $11.0 million
for outstanding digitization requirements.
The conferees note concerns expressed by defense appropriations
subcommittees regarding the funding of certain Army digitization
activities in the Digitization program element (PE 23758A) of the Army
Research and Development budget request.
The conferees agree to reallocate $100.0 million from the Army
request for digitization funding as follows:
Research, Development, Test and Evaluation, Army
In millions
Digitization:
Applique
$2.6
Tactical Internet
6.0
Other:
Force XXI Initiatives
38.9
Striker
3.9
Mortar Fire Control
10.0
Radio Frequency Technology
1.7
Light Weight Laser Designator
2.8
Combat Synthetic Training Assessment Range
5.4
Airborne Command & Control System
11.0
Missile Procurement, Army:
Avenger Slew-to-Cue
7.4
Other Procurement, Army:
Gun Laying Positioning System
6.0
PLS Enhanced
3.0
Radio Frequency Technology
1.2
The conferees encourage the Army to further develop a clear and
comprehensive digitization program that depicts requirements, funding,
and timelines associated with the ultimate goal of fielding a digitized
Corps early in the next century and to consult with the congressional
defense committees concerning that program. The conferees expect that
this effort will be fully funded in future budget submissions and that
congressional defense committees will be notified of proposed
acquisitions and activities. The conferees agree to authorize $65.6
million for digitization in PE 23758A.
Missile/air defense product improvement program
The budget request included $17.4 million to support improvements to
existing air defense systems.
The House bill would authorize an increase of $16.7 million, $10.0
million for Patriot PAC 3 development and $6.7 million for the Stinger
Block II development effort.
The Senate amendment would authorize an increase of $10.0 million
for Patriot anti-cruise missile (PACM) development.
The conferees agree to authorize $31.4 million, an increase of $14.0
million in PE 23801A, $10.0 million for the completion of the PACM
development effort and $4.0 million for the Stinger Block II program.
Healthcare information protection demonstration
The budget request included $9.6 million in PE 33140A for the Army's
information systems security program.
The House bill would authorize an increase of $2.5 million to
initiate a demonstration program for military healthcare information
protection that would be consistent with national healthcare and
information initiatives, and would direct the Secretary of the Army to
report to the congressional defense committees on related matters.
The Senate amendment would authorize the budget request.
The Senate recedes.
End item industrial preparedness activities
The budget request included $44.3 in PE 78045A for the Army's
manufacturing technology program.
The House bill would authorize an increase of $15.0 million for
munitions manufacturing technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $15.0 million in PE
78045A to accelerate key munitions manufacturing technologies in
composites, electronics, energetics, power supplies, and metal parts, as
recommended in the House report (H. Rept. 105 132). The conferees intend
this funding to be used to reduce the cost of future munitions and to
enable both government- and contractor-owned munitions production
facilities to produce research quantities and production quantities of
munitions concurrently; to adopt design changes and product improvements
more rapidly; and to make short production runs more feasible and less
costly.
Overview
The budget request for fiscal year 1998 contained an authorization
of $7,611.0 million for Navy, Research and Development in the Department
of Defense. The House bill would authorize $7,947.0 million. The Senate
amendment would authorize $7,813.0 million. The conferees recommended an
authorization of $7,774.9 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Offset Folios 1149 to 1160 insert here
Defense research sciences
The budget request included $366.3 million in PE 61153N for Navy
defense research sciences.
The House bill would authorize an increase of $10.0 million to
continue the program of basic research in molecular design materials
science that was initiated in 1994.
The Senate amendment would authorize the budget request.
The conferees agree to an increase of $8.0 million in PE 61153N.
Further, the conferees agree with the direction contained in the House
report (H. Rept. 105 132) with regard to the molecular design materials
science program. The Secretary of the Navy shall conduct an assessment
of the goals, objectives, and progress in the program, future directions
and funding requirements, and report the results of the assessment to
the congressional defense committees by March 15, 1998.
Marine mammal research program
The budget request included $366.3 million in PE 61153N for Navy
Defense Research Sciences, including $137.1 million to support basic
research in ocean sciences.
The House bill would authorize an increase of $500,000 to continue
the Navy's cooperative marine mammal research program.
The Senate amendment would authorize the budget request.
The House recedes.
The conferees direct the Secretary of the Navy to submit to the
congressional defense committees, by March 1, 1998, a report on the
research being conducted in the marine mammal research program, the
technological implications of this research to Navy sonar requirements,
and future plans for the program.
Power electronic building blocks
The budget request included $46.9 million in PE 62121N for applied
research in surface ship technology.
The House bill and the Senate amendment would authorize an increase
of $6.0 million for power electronic building block (PEBB) technology.
The conferees agree to an increase of $6.0 million in PE 62121N for
the acceleration of the PEBB program to provide electric power system
options for future shipboard designs that include electric drive and for
meeting reduced manning goals through automation of ship systems. The
conferees urge the use of virtual prototyping for simulation and
evaluation of advanced concept electrical systems in this effort.
Power node control centers
The budget request included $46.8 million in PE 62121N for applied
research in surface ship and submarine, hull, mechanical, and electronic
technology, logistics technology, and environmental protection for all
Navy platforms and shore facilities.
The House bill would authorize an increase of $1.5 million in PE
62121N to continue the development of power node control centers for
advanced integrated electrical distribution system fault detection,
switching, reconfiguration, and control of shipboard electrical systems.
The Senate amendment would authorize the budget request.
The Senate recedes.
Second source for carbon fibers
The budget request included $76.7 million in PE 62234N for
materials, electronics, and computer technologies.
The House bill and the Senate amendment would authorize an increase
of $2.0 million in PE 62234N to complete the qualification of new
processes for aviation platforms and the development of a second source
for carbon fibers.
The conferees agree to authorize an increase of $2.0 million in PE
62334N to continue and complete the program initiated in fiscal year
1997 to address new materials processes such as resin transfer molding
and to establish second source qualification procedures for advanced
composites used in naval aircraft and prepreg systems.
Titanium processing technology
The budget request included $76.7 million in PE 62234N for
materials, electronics, and computer technologies.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0 million in
PE 62234N to support the development of the plasma quench process for
use in the production of ultra-fine titanium powder and in the injection
molding process.
The House recedes.
The conferees direct that all applicable competitive procedures be
used in the award of contracts or other agreements under this program,
and that cost sharing requirements for non-federal participants be
utilized where appropriate.
Arctic climate observations
The budget request included $48.2 million in PE 62435N for applied
research in oceanographic and atmospheric technologies. The request
included no funds for continuation of the ocean climate research
program.
The House bill would authorize an increase of $3.0 million in PE
62435N to support the second year of the arctic oceanographic
observation program, a four-year, cooperative program for the
utilization of underwater acoustic techniques to determine ocean climate
and acoustic characteristics in a large ocean basin.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0 million to
continue the program for investigation of the use of long-range
underwater sound transmissions to detect and monitor changes in the
ocean, as described in the House report (H. Rept. 105 132).
National Oceanographic Partnership Program
The budget request included $48.2 million in PE 62435N for applied
research in oceanographic and atmospheric technology.
The House bill and Senate amendment would authorize an increase of
$16.0 million in PE 62435N for the National Oceanographic Partnership
Program (NOPP).
The conferees agree to an increase of $12.0 million in PE 62435N to
maintain the momentum of the program until additional funds for support
of the program can be included in the budget requests of other
participating agencies and departments.
The conferees further direct the Secretary of Defense to coordinate
with the Secretaries of Commerce, Energy, and Interior, the Director of
the National Science Foundation, the Administrators of the National
Aeronautics and Space Administration and the Environmental Protection
Agency on funding levels required in future budget requests for
continuation of the NOPP. The conferees direct the Secretary of Defense
to provide a report to the congressional defense committees by February
28, 1998 on the funding for the program identified in the fiscal year
1998 budget requests of participating agencies and the Department of
Defense.
Antisubmarine warfare technology
The budget request included $35.7 million in PE 62633N for undersea
warfare weaponry technology.
The House bill would authorize an increase of $4.0 million in PE
63747N to mature the development of hydrodynamics and propulsion
technologies for the 6.25 torpedo vehicle and expand guidance and
control technologies.
The Senate amendment would authorize an increase of $4.0 million in
PE 62633N to accelerate technology leading to the development of a quick
reaction antisubmarine/anti-torpedo weapon needed for close-range
engagements and for the protection of surface ships and submarines from
torpedo attack.
The conferees agree to authorize an increase of $3.0 million in PE
62633N for antisubmarine warfare technologies applicable to quick
reaction antisubmarine systems, as recommended in the House report (H.
Rept. 105 132) and the Senate report (S. Rept. 105 29). The additional
funding should be used to mature hydrodynamics, propulsion, and guidance
and control technologies for the 6.25 torpedo vehicle to accelerate its
development and introduction into the fleet.
Composite helicopter hangar
The budget request included no funds for composite helicopter hangars.
The House bill authorized the budget request.
The Senate amendment would authorize an increase of $10.0 million
above the budget request in PE 63508N to begin a developmental effort to
design and fabricate the outer shell of a DDG 51 helicopter hangar
structure using composite materials.
The conferees agree to authorize an increase of $10.0 million in PE
63508N for development of a composite helicopter hangar development and
a general reduction of $5.0 million to PE 63508N.
Project ``M''
The budget request included $39.7 million in PE 63508N for
technologies for submarine and surface ship handling, machinery, and
engineering systems.
The House bill authorized an increase of $5.0 million to continue
the Navy's program for transition, development and demonstration of
advanced quieting technology developed under the Defense Advanced
Research Project Agency Project ``M''.
The Senate amendment authorized the budget request.
The conferees agree to authorize a $5.0 million increase for Project
``M''.
Marine Corps advanced technology demonstration
The budget request included $34.2 million to support the Marine
Corps advanced technology demonstration (ATD).
The House bill would authorize an increase of $19.8 million to
support the Commandant's Warfighting Laboratory. The House bill would
also provide $5.0 million for a low-cost, close-range unmanned aerial
vehicle (UAV) project.
The Senate amendment would authorize an increase of $15.0 million
for the Commandant's Warfighting Laboratory.
The conferees agree to authorize an increase of $19.5 million in PE
63640M. Of this amount, $17.5 million is for the Commandant's
Warfighting Laboratory and $2.0 million is for the common automatic
recovery system for a total of $53.7 million in this program element.
Freeze-dried blood research project
The budget request included $18.3 million in PE 63706N for medical
development programs.
The House bill and Senate amendment would authorize an increase of
$2.5 million for the freeze-dried blood research project.
The conferees agree to authorize an increase of $1.5 million in PE
63706N to continue research on freeze-dried blood processes to develop a
safe and reliable supply of blood for combat casualties. The conferees
recognize the commercial potential of this technology and urge the Navy
to pursue dual-use application and cost-sharing in this program to the
maximum extent practicable.
Littoral antisubmarine warfare technology demonstration
The budget request included $54.8 million in PE 63747N for advanced
development of undersea warfare advanced technology, including $30.9
million for shallow water surveillance advanced technology.
The House bill would authorize an increase of $5.0 million in PE
63747N for continued development, demonstration, and evaluation of the
technology for a mobile, high power broadband acoustic surveillance
source that is based upon the adaptation of commercial-off-the-shelf
(COTS) air-gun technology that was developed originally for the oil
exploration industry.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for the
continuation of the COTS air-gun technology demonstration and evaluation
program and understand that this will lead to a decision by the Navy on
whether to proceed with the development of COTS air-gun technology as an
acoustic surveillance source.
Beach and surf zone obstacle clearance
The budget request included $41.6 million in PE 63782N for advanced
development and demonstration of technology for shallow water mine
counter-measures.
The House bill would authorize an increase of $750,000 to complete
the additional testing required for determination of the GPU 5 gunpod's
capability to breach beach and surf zone obstacles safely, quickly, and
decisively when mounted on an air-cushion landing craft.
The Senate amendment would authorize the budget request.
The Senate recedes.
High frequency surface wave radar
The budget request included $87.2 million in PE 63792N for the
advanced technology transition program.
The House bill and Senate amendment would authorize an increase of
$4.0 million for high frequency surface wave radar (HFSWR) advanced
technology demonstration.
The conferees agree to an increase of $4.0 million in PE 63792N to
complete the HFSWR demonstration.
Visualization architecture and technology
The budget request included $7.8 million for advanced technology in
aviation survivability (PE 63216N) and $33.2 million for major test and
evaluation investments (PE 64759N).
The House bill would authorize an increase of $3.0 million in PE
64759N for visualization architecture and technology that would focus on
development of data display technologies, enhanced situational
awareness, and other capabilities required to enhance the ability of
developmental and operational testers to assess complex, dynamic air
combat testing and operations.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million in PE
63216N for visualization architecture and technology. The conferees
direct that all applicable competitive procedures be used in the award
of contracts or other agreements under this program, and that
cost-sharing requirements for non-federal participants be utilized,
where appropriate.
Antisubmarine warfare systems development
The budget request included $22.9 million in PE 63254N for
development of antisubmarine warfare systems.
The House bill would authorize an increase of $3.8 million to
complete demonstration/validation of sonobuoy geo-positioning system
integration and transducer enhancements for improving the shallow water
antisubmarine warfare effectiveness of the air deployed low frequency
projector.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a $2.0 million increase in PE
63254N for improving the shallow water antisubmarine warfare
effectiveness of the air deployed low frequency projector.
CV(X) carrier system development
The budget request included $98.6 million in PE 63512N for future
aircraft carrier research and development.
The House bill would authorize a decrease of $88.4 million for CV(X)
carrier system development. The House report (H. Rept. 105 132)
expressed the belief that it would be neither fiscally nor technically
prudent to increase advanced carrier systems research and development
for the CV(X) to the degree sought by the Navy. The report also
expressed the belief that increased emphasis should be placed on the
research and development program for the CVN 77 to provide a transition
to the CV(X).
The Senate amendment would authorize the budget request.
The conferees agree to authorize $20.6 million in PE 63512N, a
reduction of $78.0 million for future aircraft carrier research and
development.
The conferees encourage the Chief of Naval Operations to define the
operational requirement for the CV(X) aircraft carrier program and
develop a road map for the CV(X) research, development, test and
evaluation program to ensure the capabilities of the CV(X) meet that
requirement.
Advanced submarine systems development
The budget request included $59.1 million in PE 63561N for
innovative research and development in submarine technologies and their
subsequent evaluation, demonstration, and validation for
submarine platforms, in order to increase the submarine
technology base and provide subsystem design options that are not
currently feasible.
The House bill would authorize an increase of $103.0 million for
development (in parallel with development of the New Attack Submarine
(NAS)) of a large-scale vehicle (LSV) demonstrator that would not be
limited by form (hull or appendages) or by a single hull design, and
would also direct the Secretary of the Navy to issue a competitive
solicitation for the demonstrator to the shipyards not currently
involved in the design or future construction of the NAS. The House bill
would further direct the transfer to the submarine large scale
demonstrator of funds in the Future Years Defense Program accompanying
the fiscal year 1998 budget for the Arsenal Ship demonstrator.
The Senate amendment would authorize an increase of $15.0 million to
accelerate the development of what are now considered far-term
technologies, such as an advanced propulsor, rim driven motors, and
advanced hull forms.
The conferees agree to authorize an increase of $54.9 million. The
Secretary of the Navy is authorized to pursue a third demonstrator that
is not limited by form or single hull design and issue a competitive
solicitation to all responsible sources for such a demonstrator. To
avoid costly oversights and conflicts between the LSV builder and the
technology providers, the Secretary of the Navy should ensure that the
NAS shipbuilders are participants, as appropriate, in the process of
including new technologies into the LSV.
The Secretary of the Navy should provide the congressional defense
committees not later than the time at which the fiscal year 1999 defense
budget request is submitted a report detailing the Navy's plans for LSV
development.
Cruiser conversion program design
The budget request included $38.6 million for ship preliminary
design and feasibility studies in PE 63564N.
The House bill would authorize the budget request.
The Senate amendment would authorize a $25.0 million increase in PE
64567N to initiate planning for mid-life conversion of Aegis cruisers
and reduce schedule risk on development of DD 21.
The conferees agree to authorize a $15.0 million increase in PE
63564N to initiate the cruiser conversion program. The conferees direct
the Secretary of the Navy to provide a report on the cruiser conversion
plan to the congressional defense committees with the submission of the
fiscal year 1999 defense budget request.
Intercooled recuperated gas turbine engine
The budget request included $49.7 million in PE 63573N for the
Navy's advanced surface machinery program, including $32.3 million to
continue development of the intercooled recuperated (ICR) gas turbine
engine.
The House bill would authorize the budget request. The House report
(H. Rept. 105 132) would direct the Secretary of the Navy to report an
assessment of the progress in the ICR engine program.
The Senate amendment would also authorize the budget request. The
Senate report (S. Rept. 105 29) would direct the Secretary of the Navy
to prepare and submit a plan that makes provisions for at-sea testing,
completion of development, and introduction of the ICR engine into the
fleet.
The conferees agree to authorize a reduction to the budget request
for the ICR program of $2.0 million, without prejudice. The conferees
direct the Secretary of the Navy to conduct an assessment of the
progress in the ICR engine program and plans for its continuation. The
assessment shall address the technical progress in the program, future
plans for engine testing and qualification (including plans for testing
at land-based test sites and at-sea), options for completion of
development and introduction of the ICR engine into the fleet if testing
proves successful, the status of agreements with the United Kingdom and
participating countries regarding the conduct of, and funding for,
continuation of the program, and budget estimates of the costs necessary
to complete the program. The results of the assessment shall be reported
to the congressional defense committees with the submission of the
fiscal year 1999 defense budget request.
Automatic target recognition/optical correlation
The budget request included $34.2 million in PE 63609N for Navy
conventional munitions development, $26.2 million in PE 63601F for Air
Force conventional weapons technology, and $4.8 million in PE 63232D for
automatic target recognition.
The House bill would authorize an increase of $8.0 million in PE
63609N for development and demonstration of a miniature optical
correlator for automatic target recognition and improved aimpoint
selection for the Standard Missile, and an increase of $3.5 million in
PE 63601F for the development and demonstration of a miniature optical
correlator for automatic target recognition and aimpoint selection for
the AGM 130 missile.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.2 million in PE
63609N and an increase of $1.5 million in PE 63601F for the development
and demonstration of optical correlation technology, as described in the
House report (H. Rept. 105 132). The increase in PE 63601F is offset by
a reduction of $3.0 million for next generation air-to-air threats.
Marine Corps assault vehicles
The budget request included $60.1 million to support the development
of the advanced amphibious assault vehicle (AAAV).
The House bill would authorize an increase of $10.0 million to meet
additional development requirements.
The Senate amendment would authorize an increase of $10.1 million
for the AAAV.
The conferees agree to authorize an increase of $8.0 million for a
total of $68.1 million in PE 63611M.
Marine Corps ground combat/support systems
The budget request included $36.5 million to support development of
Marine Corps ground combat systems.
The House bill would authorize an increase of $3.6 million to
support development requirements for the lightweight 155mm howitzer.
The Senate amendment would authorize the budget request.
The Senate recedes.
Cooperative engagement capability
The budget request included $139.2 million in PE 63658N for the
cooperative engagement capability (CEC).
The House bill would authorize a total increase of $50.0 million in
PE 63658N for the CEC program: $15.0 million to continue the accelerated
development of the low cost common equipment set; $5.0 million to
support transfer of the CEC design and development agent to industry;
$20.0 million to accelerate integration of the CEC into Navy E 2C and P
3 aircraft; $5.0 million to initiate development of an integrated
capability between CEC and the ship self defense program (SSDS); and
$5.0 million to accelerate joint service integration and demonstration
of CEC with the Army's Patriot and the Marine Corps' Hawk air defense
missile systems.
The Senate amendment would authorize an increase of $9.5 million in
PE 63658N to:
(1) $5.0 million to continue the transition of design responsibility
from its developer to the CEC procurement contractor; and
(2) $4.5 million to continue integration of CEC into the Marine
Corps Hawk missile system.
The Senate amendment would also authorize $5.0 million in PE 64212N
to initiate development of a Ku-band data link kit for the SH 60B
helicopter to avoid CEC interference.
The conferees agree to authorize an increase of $33.0 million in PE
63658N as follows:
(1) $15.0 million for low cost common equipment sets;
(2) $10.0 million for P 3 and E 2C integration;
(3) $5.0 million for CEC SSDS integration; and
(4) $3.0 million for CEC Hawk missile system integration.
The conferees agree not to authorize an increase in PE 64212N for
the SH 60B Ku-band data link.
Composite engineered materials
The budget request included $1.7 million in PE 63725N for advanced
development of materials, electronics and computer technologies.
The House bill would authorize an increase of $3.0 million to
complete the shore facilities materials program in cost-shared research
on carbon fiber-reinforced, recycled thermoplastic engineered lumber.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million to
complete the shore facilities materials program in cost-shared research
on carbon fiber-reinforced, recycled thermoplastic engineered lumber.
Land attack systems technology
The budget request included $37.8 million in PE 63795N for
development, demonstration, and validation of land attack systems
technology for naval ship-to-shore fire support.
The House bill would authorize the following increases:
(1) $15.1 million to complete the development and commence the
integration of a fire control system to support the initial operational
capability of the advanced 5"/62 caliber gun and the extended range
guided munition;
(2) $10.0 million for flight test demonstration and risk reduction
for the land attack Standard missile;
(3) $20.0 million for program definition and risk reduction
activities to permit the Navy tactical missile system (NTACMS) to begin
accelerated engineering and manufacturing development in fiscal year
1999; and
(4) $5.0 million to continue the micro-electromechanical systems
(MEMS) technology guidance and control risk reduction program.
The Senate amendment would authorize the following increases:
(1) $15.1 million for the continued development of the naval surface
fire support warfare control system (NWCS);
(2) $5.0 million to pursue a flight demonstration program for the
land attack Standard missile; and
(3) $20.0 million for developing NTACMS.
The conferees agree to authorize the following increases to PE 63795N:
(1) $8.0 million to complete the extended range guided munition
development and commence the integration of a fire control system;
(2) $3.0 million to pursue a flight demonstration program for the
land attack Standard missile;
(3) $10.0 million for developing NTACMS; and
(4) $2.0 million for MEMS.
The conferees are concerned that the Navy is pushing systems to
flight test to meet surface fire support requirements without an initial
analysis of whether the systems are capable of meeting Naval
surface fire support requirements. In addition, a number of
mature systems, sub-systems and components appear to be capable of
fulfilling surface fire support requirements without further
development. However, without the basic analysis which would allow the
Navy to narrow the field of candidates intelligently, too many systems
are moving toward fulfilling the same requirement and too many
opportunities to take advantage of developed systems are being missed.
To correct these deficiencies, the conferees strongly encourage the Navy
to conduct the basic analysis necessary to move forward with a focused
effort to meet the surface fire support requirement. To accomplish this,
the conferees suggest the Navy evaluate the concept of a virtual land
attack warfare development center that would electronically link
existing expertise while avoiding expensive travel costs. The Navy
should consider using funding from prime systems for meeting the surface
fire support analytical requirement, including Standard missile, Navy
tactical missile system, and Tomahawk. The conferees believe the Navy
needs to conduct this analysis to eliminate redundancy and take
advantage of mature technologies to make progress in meeting naval
surface fire support requirements.
Nonlethal weapons and technologies of mass protection program
The budget request included $16.8 million for the nonlethal weapons
(NLW) and technologies program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.3 million to
address underfunding by the Department of Defense in support of
nonlethal weapons technologies research and development program.
The Senate recedes.
The Senate report (S. Rpt. 105 29) expressed the view that the
Department of Defense should continue to focus its efforts on developing
weapons and technologies to assist U.S. military forces, who are
increasingly involved in non-traditional military situations, with the
necessary tools and flexibility to manage, shape, deter, or contain
future conflicts across the operational spectrum. The conferees note the
recent decision by the Department of Defense to ship nonlethal weapons
and technologies to U.S. ground forces participating in the North
Atlantic Treaty Organization (NATO) Stabilization Force (SFOR) during
the recent violent confrontations between American forces and Bosnian
Serb demonstrators.
The conferees commend the military services for their efforts in the
NLW area and encourage the Department of Defense (DOD) to increase its
investments in the research, development, and procurement of nonlethal
weapons and technologies, as well as associated doctrinal and training
initiatives. Further, the conferees expect the DOD to provide the funds
necessary to fulfill the requirements for nonlethal weapons and
technologies identified by the military services, rather than requiring
the military services to fund NLW programs out of their existing
budgets.
CH 60 helicopter development
The budget request included $31.8 million for CH 60 helicopter
advance procurement.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to authorize a transfer of $31.8 million from
Aircraft Procurement, Navy to PE 64212N to enable the Navy to conduct
non-recurring engineering efforts, including drawings for engineering
development.
Parametric airborne dipping sonar
The budget request included no funds for the parametric airborne
dipping sonar (PADS).
The Senate amendment would authorize an increase of $10.0 million in
PE 64212N for the continued development of PADS.
The House bill authorized the budget request.
The conferees agree to authorize an increase of $5.0 million
increase for PADS in PE 64212N.
P 3 maritime patrol aircraft modernization program
The budget request included $3.2 million in PE 64221N to continue
engineering and manufacturing development of upgrades to the P 3C
aircraft system to enhance surface and surface tracking, classification,
and attack capabilities.
The House bill would authorize an increase of $12.0 million to
continue and accelerate the integration of anti-surface warfare
improvement program (AIP) sensors to reduce operator workload, modernize
the operator-machine interface to take advantage of new displays and
controls, provide additional sensor integration/enhancements,
improve/automate tactical planning aids, and provide for multi-sensor
data correlation and fusion.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0 million in PE
64221N for the P 3C maritime patrol aircraft modernization program as
recommended in the House report (H. Rept. 105 132).
The conferees note the continuing disparity between the operational
requirements of the unified commanders-in-chief (CINCs) and the Navy's
plans for modernization of the P 3C fleet. The conferees direct the
Secretary of the Navy to provide an assessment of the implications of
this disparity to the congressional defense committees with the
submission of the fiscal year 1999 defense budget request.
H 1 upgrades
The budget request included $80.7 million to support H 1 upgrades.
The House bill and Senate amendment would authorize a transfer of
$5.6 million from the H 1 program in Navy procurement to support efforts
to provide for a common cockpit in PE 64245N.
The conferees agree to authorize the transfer of $5.6 million
from the H 1 upgrade program to PE 64245N for a total of $86.3
million in that program element. The conferees agree to authorize a
total of $12.9 million for H 1 modifications.
Advanced ranging source
The budget request included $16.9 million in PE 64261N for
engineering and manufacturing development of acoustic search sensors.
The House bill would authorize an increase of $4.0 million to
accelerate the development of alternative shallow water-capable sound
sources in the advanced extended echo ranging (AEER) program and ensure
that unique acoustic technology is available for the advanced ranging
source (ARS) and air deployed low frequency project (ADLFP) comparative
program testing.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0 million for the
purposes identified in the House report (H. Rept. 105 132).
High Power Discriminator
The budget request included no funds in PE 64307N to begin
development of a High Power Discriminator (HPD).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $35.0 million
for the HPD Program.
The conferees agree to authorize an increase of $25.0 million for
the HPD Program in PE 64307N.
The conferees support the concept of using existing X-Band radar
technology in support of the Navy's theater ballistic missile defense
effort. The proposed HPD would consist of a solid state X-Band radar for
long-range acquisition and discrimination for theater ballistic missile
defense and cruise missile defense. This concept would leverage the
significant investment already made in the Army's ground-based radar.
Maritime fire support demonstrator/arsenal ship
The budget request included $102.9 million in PE 64310N for the Navy
and $47.2 million in PE 63763E for the Defense Advanced Research
Projects Agency (DARPA) to continue development of the arsenal ship
demonstrator. The budget request also included $55.0 million in PE
64567N for the Navy's next generation surface combatant, SC 21.
The House bill would authorize no funding for the arsenal ship
program. It would direct the Under Secretary of Defense (Acquisition and
Technology) and the Secretary of the Navy to review the acquisition
strategy for the SC 21 program and determine whether or not a
prototyping strategy is appropriate for the new surface combatant.
The Senate amendment would authorize an increase of $25.0 million in
PE 64310N to ensure that sufficiently robust funding is available early
in Phase III, the construction phase for the arsenal ship (now
redesignated the maritime fire support demonstrator (MFSD)), for
schedule risk reduction and to promote the introduction of new
technologies into the demonstrator.
The conferees agree to authorize $35.0 million in PE 64310N and no
funding in PE 63673E to continue the MFSD program, a total reduction of
$105.2 million. The reduction reflects the concerns stated in the fiscal
year 1997 and the fiscal year 1998 reports by the congressional defense
committees and in the statement of managers which accompanied the
conference report on H.R. 3230 (H. Rept. 104 724).
As noted in the House report (H. Rept. 105 132), the Navy's original
concept for the arsenal ship was for the development and demonstration
of a ``proof-of-principle strike warfare ship'' that would establish a
new paradigm for the development and construction of Navy ships. A
stealthy, highly survivable, heavily armed, and minimum manpower fire
support ship, the arsenal ship demonstrator would be the prototype of a
force of up to six such ships, each armed with as many as 500 vertical
launch cells.
The Senate report (S. Rept. 105 29) noted that the Navy's concept
for execution of the land attack mission has evolved from delivery of
massive firepower from a limited number of single-mission hulls to
delivery of fires by a closely interconnected, distributed network of
multi-mission surface combatants. This evolution is reflected in the
preferred option identified in the SC 21 cost and operational
effectiveness analysis: a multi-mission destroyer optimized for land
attack, the DD 21. The Navy has stated that the MFSD lies on the
critical path to successful development of a DD 21 design in time to
begin lead ship construction in fiscal year 2004. The Navy believes that
all the technologies identified in the arsenal ship concept development
phase will be relevant to the DD 21, and that the MFSD will also serve
as a test-bed for emerging technologies following completion of the
initial demonstration with the fleet in 2001. The conferees are deeply
concerned that, although the stated purpose of the original arsenal ship
demonstrator program changed significantly with the Navy's announcement
of the new MFSD strategy in April 1997, the DARPA and the Navy continue
to pursue the MFSD program without any apparent near-term change in the
original program direction and without addressing the issues that have
been previously raised by the congressional defense committees. The
conferees understand that the program now under contract continues to
focus on the development and demonstration of the arsenal ship concept,
not on the maritime fire support demonstrator and its relationship to DD
21.
The conferees note the views expressed in the House report that the
differences in ship size and mission capability between the Arsenal Ship
and DD 21, as conceived, could yield two separate development programs
and that the overlapping schedules for the demonstrator and the DD 21
program do not provide sufficient opportunity for the experience gained
from the demonstrator to provide maximum benefit to design and
construction of the DD 21.
The conferees believe that, if the MFSD program is to be relevant,
the program must focus on the development and demonstration of new
processes and procedures for the development and construction
of Navy ships, and on the development and demonstration of
technologies that might be used in the DD 21 or in other future Navy
ship construction programs. The demonstrator program must be structured
to achieve these ends and the development and demonstration of the
technologies to be evaluated on the demonstrator must be explicitly
defined, programmed, and funded. The conferees do not believe that the
MFSD, as a demonstrator and test bed, should be funded in a program
element for engineering and manufacturing development.
Therefore, the conferees direct the Secretary of Defense to prepare
and submit to the congressional defense committees a plan for the
development, demonstration, and evaluation of the MFSD and for
development, demonstration, and evaluation of the various technologies
that will be demonstrated and evaluated on the demonstrator. The
technologies should include those being considered for incorporation in
the detailed design of the DD 21, for subsequent technology insertion
into the DD 21 program, or for use in other future naval ship
construction programs. The plan shall include the management structure,
program plan, schedule, and funding required for development of the MFSD
and for development, demonstration and evaluation of each of the
technologies under consideration. The conferees further direct that of
the funds authorized to be appropriated for the MFSD program in fiscal
year 1998, not more than 50 percent may be obligated until the plan is
provided to the Congress.
The conferees also direct that any program to convert the MFSD to an
operational surface combatant will require completion of a Milestone
II/IV review and decision by the Secretary of Defense that formally
addresses the same issues regarding the requirement and program for the
MFSD that have been previously raised by the congressional defense
committees with regard to the arsenal ship.
Multi-purpose processor
The budget request included $42.3 million in PE 64503N for SSN 688
and TRIDENT modernization, including $33.5 million for submarine sonar
improvement. However, the budget request included no funds for the
multi-purpose processor (MPP).
The House bill would authorize an increase of $15.0 million for
advanced development and rapid introduction of the MPP into the U.S.
submarine fleet.
The Senate amendment would authorize an increase of $25.0 million
above the budget request in PE 64503N to be used as an SBIR follow-on
for advanced development of MPP transportable software technology,
technology insertion, advanced processor software builds, and for
providing MPP units and training throughout the fleet and the Navy
research and development community.
The conferees agree to authorize an increase of $15.0 million for
the SBIR follow-on for advanced development of MPP transportable
software technology, technology insertion, advanced processor software
builds, and for providing MPP units and training.
Advanced submarine tactical electronic combat system
The budget request included $311.1 million in PE 64558N to continue
engineering and manufacturing development for the New Attack Submarine
(NSSN), including $95.8 million for NSSN combat system development.
The House bill would authorize an increase of $17.0 million in PE
64558N to restore the deferred elements of the advanced submarine
tactical electronic combat system (ASTECS) and the integrated electronic
support measures mast (IEM), ASTECS/IEM program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $8.0 million in PE
64558N to restore the deferred elements of the ASTECS/IEM program.
CVN 77 research and development
The budget request included $17.9 million in PE 64567N for aircraft
carrier contract design for the CVN 77.
The House bill would authorize an increase of $17.0 million to
accelerate the evaluation of maturing advanced technologies for
potential incorporation into the design of the CVN 77.
The Senate amendment would authorize an increase of $17.0 million in
PE 63564N.
The conferees agree to authorize an increase of $17.0 million in PE
64567N to be used only for CVN 77 research, development, test and
evaluation to accelerate the evaluation of maturing advanced
technologies for potential incorporation into the design of CVN 77.
Ship self-defense system
The budget request included $132.3 million in PE 64755N for the
Navy's ship self defense program including $8.2 million for continued
development of the NULKA active countermeasures decoy.
The House bill would authorize an increase of $8.6 million to
activate the integrated ship self-defense test site at Wallops Island,
and would direct the Secretary of the Navy to provide $6.0 million from
available funds to refurbish and install an AN/SPS 48E air search radar
at the test site. The House bill would direct the Secretary of the Navy
to reassess the requirement for close-in defense of Navy surface ships
and report the results of the assessment and the plan for meeting the
requirement to the congressional defense committees by February 28,
1998. Fiscal year 1998 funds would not be authorized to be obligated for
the rolling airframe missile (RAM) upgrade program until 30 days after
the congressional defense committees receive the Secretary's report.
The Senate amendment would authorize an increase of $34.0 million in
PE 64755N, including:
(1) $19.0 to pursue the system integration needed to integrate the
cooperative engagement capability (CEC), the advanced combat direction
system (ACDS), and the ship self-defense system (SSDS) local area
networks to create a single
tactical picture and a central integrated combat direction system;
(2) $2.0 million for continued development of the NULKA decoy; and
(3) $13.0 million for accelerating the infrared search and track
program (IRST).
The conferees agree to authorize the following ship self-defense
increases to PE 64755N:
(1) $10.0 million to pursue the system integration needed to
integrate the cooperative engagement capability (CEC), the advanced
combat direction system (ACDS), and the ship self-defense system (SSDS)
local area networks to create a single tactical picture and a central
integrated combat direction for a quick reaction combat capability
(QRCC);
(2) $4.0 million to activate the integrated ship self-defense test
site at Wallops Island;
(3) $2.0 million for continued NULKA development; and
(4) $4.0 million to accelerate the IRST program.
The conferees direct the Secretary of the Navy to assess the
requirement for close-in defense of Navy surface ships as discussed in
the House report (H. Rept. 105 132), and to report the results of that
assessment and the plans for meeting the requirement to the
congressional defense committees by February 28, 1998.
Safety and survivability enhancements
The budget request included $263.9 million in PE 65864N for test and
evaluation support.
The House bill would authorize an increase of $2.0 million to
continue the program for procurement, test, and alveolation of
commercial off-the-shelf non-development items (COTS NDI) that have high
potential for contributing to safety of flight, fire fighting, damage
control, emergency preparedness ashore, survival at sea, and
chemical/biological warfare defense. The additional funds would permit
the program to assess COTS NDI that are new to the industrial
marketplace.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0 million in PE
65864N for Navy safety and survivability enhancements.
2 eight-blade composite propeller system
The budget request included $64.9 million in PE 24152N for
development of pre-planned product improvements in E 2C aircraft and
weapon system capabilities, involving $39.4 million for E 2C mission
system improvements.
The House bill would authorize an increase of $10.0 million to
initiate a 24 month program for development and demonstration of an
eight-blade composite propeller system for the E 2C.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request. The conferees
understand that the Navy has advertised for bids and plans to award a
contract to develop a new eight-blade composite propeller for the E 2C
and C 2A aircraft to address existing system limitations and reduce
maintenance and operations costs. The conferees direct the Secretary of
the Navy to ensure that the solicitation and contract award process for
the award of such a contract complies with Federal Acquisition
Regulations.
Battle force tactical trainer
The budget request included $59.0 million in PE 24571N for
consolidated training systems development, including $2.9 million for
continued development of the battle force tactical training (BFTT)
system.
The House bill would authorize an increase of $5.0 million for the
integration of ship and battle force electronic surveillance systems
into the BFTT system.
The Senate amendment would authorize the budget request.
The Senate recedes.
Joint tactical combat training system
The budget request included $59.0 million in PE 24571N for
consolidated training systems development, including $33.6 million for
continued development of the joint tactical combat training system
(JTCTS). The JTCTS is a Navy-led, joint Air Force/Navy program for the
development of fixed, transportable, and mobile range instrumentation
for shore-based tactical air crew training and for deployable, at-sea
naval expeditionary force training.
The House bill would authorize a reduction of $27.5 million to the
budget request for JTCTS and would direct the Secretary of the Navy, in
coordination with the Secretary of the Air Force, to conduct an
assessment of the JTCTS requirement and development program and report
the results of the assessment to the congressional defense committees by
December 31, 1997.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request for the JTCTS
program. The conferees understand that JTCTS is an Acquisition Category
and an Office of the Secretary of Defense (OSD) special interest
program, and that a thorough assessment and baseline review of the
program was successfully completed in May 1997 by the Secretary of the
Navy, the Secretary of the Air Force, a senior OSD review team and the
Defense Test and Training Steering Group. The conferees further
understand that the Navy Fleet commanders in chief have endorsed the
JTCTS as their number two training range priority. The conferees also
understand that the design of JTCTS provides a neck-down strategy for
replacement of existing legacy training and test range instrumentation
that will result in considerable savings when the planned transition to
JTCTS begins in fiscal year 2000. The conferees strongly support the
development and fielding of common training and test range
instrumentation systems for the Air Force and
the Navy and encourage the Secretary of Defense to ensure the
maintenance of the schedule for development of JTCTS. The results of the
program assessment directed in the House Report (H. Rept. 105 132) and
any revisions to the program baseline, funding requirements, and
schedule should be forwarded to the congressional defense committees by
January 31, 1998.
Marine Corps communications systems
The budget request included $38.3 million to support development of
Marine Corps communications systems.
The House bill would authorize an increase of $9.9 million to
support development of Marine Corps communication system requirements.
Of this amount, $2.0 million was for the tactical hand-held radio; $1.5
million was for tactical remote sensors; $0.7 million was for Marine
common hardware suite (MCHS); $1.0 million was for the tactical
electronic reconnaissance processor and intelligence systems; $5.0
million was for close-range unmanned aerial vehicle (UAV) data links;
and a $0.3 million decrement was for the TENCAP program.
The Senate amendment would authorize an increase of $0.7 million for
MCHS.
The conferees agree to authorize an increase of $7.0 million for a
total of $45.3 million in PE 26313M. Of this amount, $2.0 million is for
the tactical hand-held radios and $5.0 million is for the close-range
UAV data link.
Marine Corps ground combat/supporting arms systems
The budget request included $12.6 million for Marine Corps ground
combat system development initiatives.
The House bill would authorize an increase of $5.0 million in PE
26623M. Of this amount, $4.3 million would be used to integrate and test
the AN/VVR 1 laser warning receiver on the M1A1 Abrams tank and $0.7
million would be used to support the development of Marine Corps
clothing requirements.
The Senate amendment would support the budget request.
The conferees agree to authorize an increase of $2.1 million in PE
26623M for the integration and testing of the AN/VVR 1 laser warning
receiver on the Marine Corps M1A1 tank.
Manufacturing technology programs
The budget request included no funds for the Navy's manufacturing
technology (MANTECH) program.
The House bill would authorize funding for the MANTECH program
through section 211 of Title II, as noted elsewhere.
The Senate amendment would authorize an increase of $50.0 million in
PE 78011N in order to address funding shortfalls in the MANTECH program
for fiscal year 1998. The Senate amendment also required the Secretary
of the Navy to provide a report to the congressional defense committees
on his plan to strengthen and stabilize funding for the Navy MANTECH
program.
The conferees agree to an increase of $55.0 million in PE 78011N for
the MANTECH program. The conferees are once again disappointed in the
Navy's budget request for the manufacturing technology (MANTECH)
program. The program has traditionally focused on making weapon systems
and equipment more affordable through the application of advanced
manufacturing methods to weapon systems production. In this time of
severe budget constraints, the conferees expect the Navy to make every
effort to pursue programs directed at lowering the long-term cost of
weapon systems.
Overview
The budget request for fiscal year 1998 contained an authorization
of $14,451.4 million for Air Force, Research and Development in the
Department of Defense. The House bill would authorize $14,659.7 million.
The Senate amendment would authorize $14,302.3 million. The conferees
recommended an authorization of $14,338.9 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1182 to 1191 Insert here
Integrated High Payoff Rocket Propulsion Technology
The budget request included $48.1 million for rocket propulsion
technology in the Integrated High Payoff Rocket Propulsion Technology
(IHPRPT) initiative programs.
The House bill would authorize $57.6 million for IHPRPT programs, an
increase of: $6.0 million to PE 62601F; $1.5 million to PE 63302F; $1.0
million to PE 62111N; and $1.0 million to PE 63217N.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $55.4 million for IHPRPT initiative
programs, an increase of: $4.8 million to PE 62601F; $1.5 million to PE
63302F; and $1.0 million to PE 63217N.
Military Spaceplane
The budget request included no funds for the Military Spaceplane
technology program.
The House bill would authorize an increase of $15.0 million in PE
63302F for the Military Spaceplane program.
The Senate amendment would authorize an increase of $10.0 million in
PE 63401F for the Military Spaceplane program.
The conferees agree to authorize an increase of $10.0 million for
the Military Spaceplane program in PE 63401F.
Although the National Space Launch Policy assigns to NASA the lead
for reusable launch vehicle development, the Department of Defense has
been participating in such activities for many years. The Air Force has
developed a military spaceplane program to complement NASA's efforts
while focusing on specific military requirements and applications, a
responsibility that does not reside with NASA. The Commander-in-Chief of
U.S. Space Command is in the process of identifying military
requirements for such a program and the Air Force has established a
program office and a new program element to manage this activity. The
Air Force is also working to include funding in the Future Years Defense
Program for this effort. The conferees do not view these actions as
duplicative of NASA's work on reusable launch vehicles.
The conferees believe that the Department of Defense should begin to
define a military spaceplane concept that meets legitimate military
requirements in the future while exploiting technological progress made
in NASA's reusable launch vehicle program. The conferees direct the
Secretary of Defense to provide a report describing the status of this
effort to the congressional defense committees by February 15, 1998.
Solar thermionics orbital transfer vehicle
The budget request included no funds for the solar thermionics
orbital transfer vehicle program.
The House bill would authorize an increase of $20.0 million in PE
63401F for the solar thermionics orbital transfer vehicle program.
The Senate amendment would authorize an increase of $10.0 million
for this program.
The conferees agree to authorize an increase of $7.5 million in PE
63401F for the solar thermionics orbital transfer vehicle.
The conferees have supported thermionics technology development for
space applications. The solar powered orbital transfer vehicle has been
identified by the Air Force as a Third Millennium initiative. This
program combines thermionic technology for electricity production and
thermal propulsion which can be used to move spacecraft to higher or new
orbits.
Joint air-to-surface standoff missile/standoff land attack
missile-expanded response
The budget request included $9.6 million in PE 64312N and $203.3
million in PE 27325F for development of the Air Force/Navy Joint Air to
Surface Standoff Missile (JASSM) program and $28.9 million in PE 64603N
to continue development of the Navy's Standoff Land Attack
Missile-Enhanced Response (SLAM-ER) program. The request also included
$21.7 million for procurement of 22 SLAM-ER missiles for the Navy.
The House bill and the Senate amendment would authorize the budget
request for JASSM and for SLAM-ER.
The conferees direct the Secretary of Defense to include SLAM-ER
plus and the two alternative systems that are funded in the JASSM
program in the Analysis of Alternatives for JASSM.
Accordingly, the conferees agree to authorize $5.5 million in PE
64321N and $170.0 million in PE 27325F to continue the JASSM program,
$28.9 million in PE 64603N to continue the development of SLAM-ER, and
$21.7 million for SLAM-ER procurement.
JOINT AIR-TO-SURFACE STANDOFF MISSILE/STANDOFF LAND ATTACK MISSILE
[In millions of dollars]
Program element and description Budget request HNSC SASC Conference agreement Change
PE64312N--Tri-Service Standoff Attack Missile 9.6 9.6 9.6 5.5 -4.1
PE27325F--Joint Air-to-surface standoff missile 203.3 203.3 203.3 170.0 -33.3
PE64603N--Unguided Conventional Air-launched Weapons (SLAM ER) 28.9 28.9 28.9 28.9
WPN line 18--Harpoon Mods (SLAM ER) 21.7 21.7 21.7 21.7
----------------- -------- -------- ----------------------- ---------
Total 263.5 263.5 263.5 226.1 -37.4
The conferees note that the lack of agreement between the Navy and
the Air Force on the conduct of the JASSM program calls for clear
guidance from the Secretary of Defense. The Secretary has four obvious
alternatives to examine that could have entirely different effects on
future budgets.
(1) Develop JASSM to meet the operational needs of the Navy and the
Air Force, with SLAM-ER not procured beyond an interim capability.
(2) Continue the JASSM program as a joint program for both the Navy
and Air Force, while the Navy continues a separate development of
SLAM-ER as currently planned.
(3) Develop separate programs for the Navy and the Air Force, with
SLAM-ER as the Navy choice, and JASSM as the Air Force selection.
(4) Develop SLAM-ER as the single program for both the Air Force and
the Navy.
The conferees direct the Secretary of Defense to review the SLAM-ER
and JASSM programs and alternatives outlined above and to report to the
congressional defense committees within 60 days of the enactment of this
Act.
Major test and evaluation investment
The budget request included $47.3 million in PE 64759F for major
test and evaluation investment.
The House bill would authorize an increase of $14.8 million for
range improvement program/modernize range C41 capabilities.
The Senate amendment would authorize a decrease of $6.0 million for
infrastructure reduction.
The conferees agree to authorize an increase of $10.0 million for
the range modernization described in the House report (H. Report 105
132). The conferees also agree to a general reduction of $3.0 million in
PE 64759F.
Smart monitoring system
The budget request included $5.9 million for pollution prevention in
PE 65854F.
House bill would authorize an additional $5.0 million in PE 65854F
to expand Air Force demonstration efforts related to the smart
monitoring system, a real-time monitoring technology for soil and
groundwater contamination.
The Senate amendment would authorize the budget request. The
conferees agree to authorize an increase of $4.0 million in PE 65854F
for the smart monitoring system.
Rocket Systems Launch Program
The budget request included $8.0 million in PE 65860F for the Rocket
Systems Launch Program (RSLP).
The House bill would authorize an increase of $25.0 million for RSLP
to support the launch of an Atmospheric Intercept Technology (AIT)
demonstration payload.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $20.0 million for
RSLP in support of the AIT program. The conferees direct the Ballistic
Missile Defense Organization and the Air Force to develop a coordinated
implementation plan for executing the RSLP and AIT budgets in order to
maximize the benefit to the AIT program.
Cruise missile defense
The budget request included no funds to begin transitioning sensor
technology from the Defense Advanced Research Projects Agency (DARPA) to
the Air Force for insertion into the Airborne Warning and Control System
(AWACS) or the Joint Surveillance Target Attack Radar System (JSTARS)
for cruise missile defense.
The House bill would authorize the budget request.
The Senate amendment would authorize increases of $10.0 million to
PE 27417F to begin the necessary upgrades to AWACS, and $10.0 million to
PE 27581F to begin necessary upgrades to JSTARS.
The conferees agree to authorize an increase of $3.0 million in PE
27581F to begin necessary upgrades to JSTARS for cruise missile defense.
Given the growing threat posed by cruise missiles, the conferees
continue to support development of a comprehensive cruise missile
defense architecture, integrated into DOD's overall air and theater
missile defense efforts. Because counter cruise missile technologies
have matured at DARPA, and because DARPA funding to support key sensor
technologies ends in fiscal year 1998, the conferees strongly urge the
Air Force to begin to integrate these technologies into operational
platforms, specifically into the AWACS and JSTARS platforms. The
conferees expect the Air Force to assume these two important
initiatives. To support these efforts, the conferees encourage the Air
Force to prepare expeditiously the report on cruise missile defense
directed in the statement of managers accompanying the conference report
on H.R. 2266 (H. Rept. 105 265). The conferees understand that the Air
Force's report could conclude that the Air Force should apply additional
funds to cruise missile defense upgrades to the AWACS or JSTARS programs
during fiscal year 1998 beyond those approved in this Act. If that is
the conclusion of the report, the conferees would be willing to
entertain a request to reallocate funds within the AWACS or JSTARS
programs, or to reprogram funds from other activities.
Overview
The budget request for fiscal year 1998 contained an authorization
of $9,069.7 million for Defense-Wide, Research and Development in the
Department of Defense. The House bill would authorize $9,611.0 million.
The Senate amendment would authorize $9,796.8 million. The conferees
recommended an authorization of $9,546.1 million. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
Offset Folios 1197 to 1207 Insert here
University research initiatives
The budget request included $237.7 million in PE 61103D for
university research initiatives including $10.0 million for the Defense
Experimental Program to Stimulate Competitive Research (DEPSCoR).
The House bill would authorize a decrease of $13.0 million in PE
61103D: an increase of $10.0 million for (DEPSCoR); and a decrease of
$23.0 million.
The Senate amendment would authorize $20.0 million for DEPSCoR
within the amount of the budget request.
The conferees agree to authorize an increase of $10.0 million in PE
61103D for DEPSCoR in addition to the $10.0 million in the amount of the
budget request. The conferees also agree to a reduction, without
prejudice, of $20.0 million in PE 61103D.
Next generation internet
The budget request included $40.0 million in PE 62110E for the
Defense Advanced Research Projects Agency (DARPA) component of the Next
Generation Internet (NGI) program.
The House bill would authorize an increase of $15.0 million in PE
62110E for specific connectivity, functionality, services, and software
among the applications communities and regional consortia to maximize
the value of the services deployed under the NGI. The House bill would
also direct the use of competitive procedures in the award of contracts,
grants, or other transactions under the program and would encourage the
use of cost-sharing where feasible.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0 million in PE
62110E for the purposes discussed in the House report (H. Rept. 105
132). The conferees endorse the NGI program and support the concept of
involving the applications communities, including federal agencies,
state and local governments, academia, and the private sector, to
incorporate networking technologies developed under the program to
achieve capabilities beyond those of the current Internet
infrastructure. The conferees also support the formation of cooperative
agreements within the regional consortia established under the program
to leverage the knowledge, skills, and methods of the individual members
from government, industry, and academia. The conferees encourage DARPA
to consider supporting, under the NGI program, industry and university
consortia investigating and demonstrating ultra-high speed, optical
time-division-multiplexed technologies for networks and interchanges.
Chemical and biological defense program
The budget request included $530.9 million for the chemical and
biological defense program ($320.9 million for research, development,
test and evaluation activities and $210.0 million for procurement) and
$61.0 million for the Defense Advanced Research Projects Agency (DARPA)
biological defense program.
The House bill would authorize an increase of $16.6 million for the
chemical/biological defense program in the following activities: a $10.8
million increase in PE 62384BP to continue the SAFEGUARD
proof-of-concept multi-spectral sensor program; a $1.5 million increase
in PE 63384BP for vaccine advanced development; a $858,000 increase in
PE 64384BP for vaccine development and a $5.0 million increase in PE
63884BP to support on-going development efforts in detectors,
decontamination equipment, and protective equipment for the
Chemical-Biological Quick Reaction Force (CBQRF) and its components.
The Senate amendment would authorize an increase of $6.5 million for
the chemical-biological defense research and development program for the
following activities: $2.0 million for the development of a joint
service prototype hybrid integrated sensor array for chemical and
biological point detection; $4.5 million to meet unfunded requirements
for biological detectors for the Chemical-Biological Incident Response
Force (CBIRF); would make $1.5 million available from funds requested
for PE 62383E for a study on the use of antibodies as medical defenses
against biological agents; and would reduce the budget request for PE
62383E by $6.5 million. Additionally, the amendment would recommend that
$16.1 million of fiscal year 1997 funds, identified by the Department of
Defense as excess to the program because of the inability to execute the
assembly of biological integrated defense systems (BIDS) until the end
of fiscal year 1999, be used instead for unfunded research, development
and procurement efforts in the chemical-biological defense program,
counterproliferation and including counterterrorist efforts to protect
against the use of weapons of mass destruction.
The conferees agree to authorize an increase of $12.4 million to
meet shortfalls in the chemical and biological defense program for
research and development of detection capabilities, to include the
following: $10.5 million in PE 62384BP, of which $3.0 million shall be
available for the SAFEGUARD program; and a $2.0 million increase in PE
61384BP to increase efforts in research and development of
chemical/biological detection capabilities. The conferees also agree to
a $6.5 million reduction in PE 62383E.
To close gaps and funding shortfalls in medical defenses against
biological agents, the conferees direct that $1.5 million in PE 63384BP
and $858,000 in PE 64384BP be made available for vaccine development
efforts, and that $1.5 million in PE 62383E be made available to study
the use of therapeutic human antibodies as medical defenses against
biological agents. Additionally, the conferees direct the Secretary of
Defense to submit the report required by the Senate report on the
National Defense Authorization Act for Fiscal Year 1997 (S. Rept. 104
267) on the utility and possible benefits of this technology, by March
31, 1998.
The conferees have reviewed the Department of Defense March 1997
annual report to Congress on the nuclear, biological, and chemical
defense program. The conferees understand that the Department has
responded to all recommendations in the General Accounting Office's
report NSIAD 96 102 ``Chemical and Biological Defense: Emphasis Remains
Insufficient to Resolve Continuing Problems.'' In addressing
the recommendations of the GAO, the conferees believe that the
Department is now better prepared to address the shortcomings that still
exist in the U.S. armed forces' chemical-biological defense posture.
However, funding constraints in the Department's budget request
could delay modernization and affect the training and readiness of the
force. The conferees understand that the Joint Senior Leaders Course and
the Toxic Agent Leader Training Course have been dropped from the Army
Chemical School's training course list because of funding constraints.
The conferees also understand that the Department lacks a mechanism to
provide adequate information on the current status of
chemical-biological defense training, equipment, and readiness. The
conferees strongly recommend the incorporation of an assessment of
chemical-biological defense training and readiness into the unit
readiness reporting system and direct the Department of Defense to
report to the congressional defense committees on steps that will be
taken, in lieu of reinstating the training courses, to ensure that
chemical-biological defense specialists maintain their expertise, and
how units and senior leaders in the armed forces will maintain their
proficiency in chemical-biological matters.
The Secretary of Defense recommended in the Quadrennial Defense
Review that the Department increase funding by approximately $1.0
billion over the program plan on counterproliferation, particularly for
protective measures against chemical weapons. In response to that
recommendation, the conferees expect that increased funding provided in
fiscal year 1998 for chemical and biological defenses will be utilized
in accordance with requirements identified as shortfalls by the Joint
Staff and the Counterproliferation Program Review Committee (CPRC).
Additionally, the conferees expect the fiscal year 1999 budget request,
and subsequent budget requests, to reflect the recommendations contained
in the QDR for increased funding levels for the chemical-biological
defense program.
Despite congressional direction contained in the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) that
management and oversight of the chemical and biological warfare defense
program and the chemical and biological medical defense be conducted by
a single executive agent and program manager, the conferees understand
from the Counterproliferation Program Review Committee's May 1997
``Report on Activities and Program for Countering Proliferation and NBC
Terrorism'' that ``* * * beginning in FY98, [the Defense Advanced
Research Projects Agency (DARPA) biological warfare defense program]
will no longer be incorporated into the CBD [chemical-biological
defense] Program management and oversight structure.'' The conferees
direct the Secretary of Defense to ensure that the DARPA biological
warfare defense program is coordinated and integrated under the program
management and oversight of the Department's chemical-biological defense
program.
The conferees understand that the Department's policies on anthrax
vaccination of U.S. armed forces and support for other than U.S. armed
forces are awaiting final approval, and that these decisions will affect
total funding, vaccine production, and storage requirements. The
conferees also note the impending award of a prime systems contract to
develop new biological defense vaccines, pursue vaccine licensing, and
produce stockpile vaccines to meet the Department's requirements.
The conferees understand that the Department of Defense is currently
dependent upon a single source of supply for permeable chemical
protective garment materials used in the joint service chemical
protective suit and related chemical protective garments, and believe
that the Department of Defense should consider taking those actions
necessary to qualify additional sources of supply for these materials.
The conferees direct the Secretary of the Army, as executive agent for
the chemical-biological defense program, to report to the congressional
defense committees on any plans to qualify additional sources for these
materials.
The conferees direct the Secretary of Defense to address the above
issues as specific areas of interest in the next annual report to
Congress on the NBC defense program.
Tactical technology
The budget request included $157.3 million in PE 62702E for tactical
technology programs.
The House bill would authorize a decrease of $43.9 million in PE
62702E.
The Senate amendment would authorize an increase of $3.0 million to
provide for lethality demonstration and the definition of a tactical
configuration of the small low-cost interceptor device (SLID).
The conferees agree to authorize a decrease of $16.0 million in PE
62702E: a general decrease of $10.0 million; a decrease of $3.0 million
for the compact laser program; and a decrease of $3.0 million for
chemically specific detection. The conferees also agree to authorize
$3.0 million of funds available in PE 62702E for facial recognition
technology.
The conferees urge the Defense Advanced Research Projects Agency to
fund the SLID program in a manner to provide for the greatest likelihood
of a rapid, successful transition to the Army.
Integrated command and control
The budget request included $37.0 million in PE 62708E for
integrated command and control technology.
The House bill would authorize an increase of $23.0 million for flat
panel display initiative/high definition systems.
The Senate amendment would authorize an increase of $18.0 million
for flat panel display technology.
The conferees agree to authorize an increase of $12.0 million in PE
62708E for flat panel display technology. The conferees recommend that
the program place increased emphasis on the demonstration of flat panel
displays for various applications by the military services in order to
facilitate the transition of the program to the services for military
applications.
Materials and electronics technology
The budget request included $192.1 million in PE 62712E for
materials and electronics technology.
The House bill would authorize an increase of $7.5 million in PE
62712E for 3 D microelectronics.
The Senate amendment would authorize an increase of $15.5 million in
PE 62712E: $1.0 million for hard carbon coatings; $7.5 million for
seamless high off-chip connectivity (SHOCC); and $7.0 million for mixed
mode electronics multitechnology insertion (MIME).
The conferees agree to authorize the following increases in PE
62712E: $5.0 million for 3 D microelectronics; $1.0 million for hard
carbon coatings; $6.0 million for SHOCC; $7.0 for MIME; $6.0 million to
continue the program for applied research in extreme ultraviolet
lithography and fabrication of nanoelectronic structures as recommended
in the House report (H. Rept. 105 132); $4.0 million to accelerate the
development of life support trauma and transport (LSTAT) and the joint
service program for the test of the LSTAT that is being led by the Army
as recommended in the House report (H. Rept. 105 132), and $3.0 million
for the development of technologies for cryogenic electronics and high
temperature superconductivity as recommended by the House report (H.
Rept. 105 132).
With regard to the LSTAT program, the conferees agree with the
requirement in the House report (H. Rept. 105 132), which directs the
Secretary of the Army to submit a report on the plan for completing the
joint service test program and plans for fielding the LSTAT and other
advanced battlefield life support and evacuation systems to the
congressional defense committees with the submission of the defense
budget request for fiscal year 1999.
Explosives demilitarization technology
The budget request included $12.2 million for the explosives
demilitarization program (PE 63104D).
The House bill would authorize an increase of $3.0 million to
maintain the level of funding necessary to permit the acceleration of
promising technologies and the evaluation of additional alternative
technologies in the explosives demilitarization program (PE 63104D)
established in the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104 106).
The Senate amendment included a provision (sec. 235) that would
direct the Secretary of Defense to conduct an explosive munitions
demilitarization demonstration program, and using competitive
procedures, conduct a demonstration using an existing, commercially
available blast chamber technology as an alternative to open burning,
open pit detonation of munitions; require the Secretary of Defense to
submit to Congress, along with the fiscal year 2000 budget, a report on
the results of the demonstration program and assessment of the relative
benefits of the blast chamber technology with regard to levels of
emissions and noise, and a cost benefit analysis of this technology. The
provision would increase the budget request for the explosives
demilitarization technology program by $6.0 million for the
demonstration program and reduce by $6.0 million the budget request for
the Army account for special equipment for user testing.
The Senate recedes.
The conferees agree to authorize an increase of $4.0 million for the
munitions standardization, effectiveness and safety program (PE 65805A)
which shall be used for the explosives demilitarization technology
program (PE 63104D) to maintain the level of funding necessary to permit
the acceleration of promising technologies and to evaluate alternative
technologies. The conferees understand that commercial technology that
utilizes blast chamber technology is available as a potential
alternative technology to demilitarize old conventional ammunition. The
successful demonstration of this technology could reduce the Army's
reliance on open burning and open detonation.
The conferees direct that, from the authorized funds available to
the program in fiscal year 1998, the Secretary of Defense shall conduct
a demonstration program utilizing commercially available blast chamber
technology and provide a report to the congressional defense committees
no later than March 1, 1999 on the results of the demonstration program.
The program shall be conducted using competitive procedures. The report
shall include an assessment of the relative benefits of utilizing a
blast chamber technology and the open burning, open pit detonation
process with regard to the levels of emissions and noise that results
from the use of these processes and a cost benefit analysis of this
technology.
Counterterror technical support program
The budget request included $34.8 million for the counterterror
technical support program.
The House bill would authorize $41.8 million, a $7.0 million
increase for safety devices and facial recognition technology.
The Senate amendment would authorize a $20.0 million increase for
research and development activities on structural response and
mitigation, counterterrorist explosive research, demonstration of
non-intrusive inspection technologies and facial recognition technology.
The conferees agree to authorize an increase of $3.0 million for the
counterterror technical support program for efforts to develop
innovative technologies to protect U.S. forces and infrastructure
against acts of terrorism. The conferees note that $3.0 million is
available for the facial recognition technology program within the
defense tactical technology program (PE 62702E).
Collaborative efforts with allies who have demonstrated capabilities
to counter terrorist acts, such as Israel and the United Kingdom, should
remain a high priority for the United States. The tragic deaths of U.S.
forces in Saudi Arabia as a result of terrorist attacks on structures
where U.S. armed forces lived and worked highlight the urgent need for
the Department of Defense (DOD) to examine options to retrofit existing
structures and to develop design guidelines for new and existing
structures. The conferees support recent collaborative efforts between
the United States, Israel, and the United Kingdom, to strengthen
existing structures against terrorist and ballistic missile attacks.
The budget request included $13.0 million in the physical
security equipment program (PE 63228D) to test and evaluate
commercial equipment for force protection. The conferees believe that
fiscal year 1998 funds in this program should be used to evaluate
commercially available technology that may provide the DOD with options
to retrofit existing structures, which would provide increased
protection to U.S. forces against terrorist attacks.
While Congress has supported the funding for a Pulsed Fast Neutron
Analysis (PFNA) technology program in prior years, the conferees are
concerned about the Department's continued failure to request funds for
this activity. Based on issues raised by a recent General Accounting
Office report on the PFNA system technology, the conferees agree with
the recommendations in the House report (H. Rept. 105 32) that direct
the Secretary of Defense and the Secretary of Treasury to conduct an
assessment of the operational requirements for a PFNA cargo inspection
system, and report to the Congress on the results of that assessment and
the other issues raised by the House by December 31, 1997. Should there
be a joint recommendation to continue the program, the conferees direct
the Department to notify the congressional defense committees of its
intention to use fiscal year 1998 funds in this program for that
purpose.
Domestic emergency response to threats of terrorist use of
weapons of mass destruction
The budget request included $170.2 million for key Department of
Defense programs to counter paramilitary and terrorist threats involving
weapons of mass destruction. This total included $49.5 million to
improve emergency response preparedness and coordination with state and
local agencies through First Responder training, interagency exercises
and technical assistance.
The House bill would authorize increases of $2.0 million in the
counterterror technical support program (PE 63122D), $5.0 million in the
chemical/biological defense program (PE 63884BP), and a total of $12.0
million in the counterproliferation support program (PE 65160D) for
improvements in emergency response force equipment and training for
response to potential terrorist use of weapons of mass destruction.
The Senate amendment would authorize the budget request. The
amendment would also make available, from the verification and control
technology activity of the Department of Energy budget for other defense
activities, $3.0 million for training and related activities to prepare
Federal, State, and local First Responders to work effectively as part
of the domestic emergency response program.
The House recedes.
The National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104 201) directed the President to take immediate action to enhance
the capability of the Federal government to prevent and respond to
terrorist incidents involving weapons of mass destruction, and to
provide enhanced support to improve the capabilities of state and local
emergency response agencies to prevent and respond to such incidents at
both the national and local levels. The President's assessment and those
actions taken at the interagency level and within the Department of
Defense are detailed in the President's January 1997 report to the
Congress and in the Department of Defense May 1997 report to Congress,
``Domestic Preparedness Program in the Defense against Weapons of Mass
Destruction.''
The conferees note the actions taken to date to enhance emergency
domestic preparedness and response to terrorist nuclear, biological, or
chemical attacks under the Department's counterproliferation support
program and the chemical-biological defense program. The conferees
support the Department's budget request to continue these efforts in
domestic emergency response preparedness through First Responder
training and assistance to metropolitan area authorities, improvement of
the Department's rapid chemical and biological response capabilities,
and the conduct of preparedness exercises in coordination with Federal,
state, and local agencies.
Public Law 104 201 requires the Secretary of Defense to establish
and maintain at least one chemical-biological domestic terrorism rapid
response team. The conferees direct the Secretary of the Army, as
executive agent for the domestic emergency response program, to ensure
that the plans, programs, and budget of the Chemical-Biological Quick
Reaction Force (CBQRF) and its components are reviewed to ensure full
coordination and integration of participating DOD assets. The conferees
also direct the Assistant to the Secretary of Defense (Nuclear,
Chemical, and Biological Defense Program) to ensure that all research,
development, and acquisition efforts in support of the CBQRF and its
components are fully integrated and coordinated within the Department's
chemical and biological defense program.
The conferees note that an interagency training strategy is being
developed that would initially focus training under the domestic
emergency response preparedness program on professional emergency
response organizations in the 27 cities and metropolitan areas
identified by the Federal Bureau of Investigation as being at
particularly high risk, and would complete First Responder training for
126 major metropolitan areas and cities within three years. The training
program and priorities must be coordinated with State emergency
management directors. The conferees agree with the overall need to
establish training priorities, but recommend that emphasis also needs to
be placed on training the local volunteer emergency First Response
organizations that make up the majority of the nation's emergency
response forces. The conferees also believe that in addition to the
``train the trainer'' approach being used in the existing program, an
exportable training package should be developed that is oriented toward
the training of volunteer emergency First Responders.
The conferees endorse the use of training exercises to test and
improve consequence management response capabilities, but believe that
the exercise site requirements should be based on the training and
exercise needs of the agencies to be exercised, site capabilities,
frequency of use, and proximity to participating agencies. The conferees
encourage the development of an overall coordinated training exercise
strategy similar to that developed for training by the Senior
Interagency Group.
Responding to domestic emergencies has been identified in the report
of the Quadrennial Defense Review (QDR) as an appropriate mission for
the National Guard. Consistent with the President's
January 1997 report to the Congress and the May 1997
Department of Defense report on ``Domestic Preparedness Program in the
Defense against Weapons of Mass Destruction,'' the conferees direct the
Secretary of Defense to report to the congressional defense committees
on the status of any plans for assigning the National Guard a role in
countering chemical and biological terrorism in the United States. The
report should define any such missions of the National Guard and how
that role complements other Federal, State, and local authorities with
similar responsibilities; the cost for developing the capability for
National Guard personnel to train State and local First Responders; the
cost for chemical and biological technology and equipment; and the need
to develop appropriate response plans, while avoiding unnecessary
duplication.
The conferees direct the Secretary of Defense, in coordination with
the Director of the Federal Emergency Management Agency and the Director
of the Federal Bureau of Investigation, to provide an annual assessment
of progress in the domestic emergency response preparedness program. The
report should be submitted to the congressional defense committees
beginning with the fiscal year 1999 budget request and extending through
fiscal year 2001.
Counterproliferation support program
The budget request included $65.3 million for the
counterproliferation support program (PE 63160D).
The House bill would authorize an increase of $3.0 million to
continue the counterproliferation mission analysis and planning system
(CAPS).
The Senate amendment would authorize an increase of $20.0 million to
the budget request for the following activities: $3.0 million for the
high frequency active auroral research program (HAARP), $1.0 million for
development of a portable trace element detection system; $6.0 million
to continue the SAFEGUARD proof-of-concept multi-spectral sensor
program; and $10.0 million to continue the CAPS program. In addition,
the amendment would recommend a $7.0 million increase to the budget
request for U.S. Special Operations Command (USSOCOM) operations and
maintenance for equipment to detect, and destroy underground facilities,
and for training activities to destroy, render safe, transport or
recover weapons of mass destruction from deep underground structures.
The conferees agree to authorize an increase of $10.0 million to the
budget request for the counterproliferation support program (PE 63160D)
to continue CAPS ($7.0 million) and HAARP ($3.0 million). The conferees
also agree to a $7.0 million increase to the budget request for USSOCOM
operations and maintenance for WMD equipment and training.
The conferees agree to a separate provision, described elsewhere in
this report, that would allow the Secretary of Defense to reprogram up
to $50.0 million from amounts authorized for fiscal year 1998 for
unfunded shortfalls in key counterproliferation capabilities or other
areas where more counterproliferation progress can be achieved with
additional funding.
In addition to the reprogramming notifications required by law, the
conferees direct the Secretary of Defense to notify the congressional
defense committees 30 days in advance of its intent to obligate or
expend fiscal year 1998 funds not authorized by this Act for
counterproliferation activities. The notification shall include the
purpose for which the funds are to be utilized, and a certification that
the activity addresses a shortfall in existing and programmed
capabilities to counter the proliferation of weapons of mass destruction
(WMD) or their means of delivery, as identified by the Commanders in
Chief (CINCs) and the Counterproliferation Program Review Committee
(CPRC).
Ballistic Missile Defense Organization funding
The budget request included approximately $2.6 billion for the
Ballistic Missile Defense Organization (BMDO) for research, development,
test, and evaluation (RDT&E). The budget request also included $386.4
million in procurement funds formerly managed by BMDO that were
transferred to the military services. As addressed elsewhere in this
report, the conferees have agreed to include a legislative provision
requiring that these procurement funds be transferred back to BMDO. In
addition, the conferees have agreed to specifically authorize these
procurement funds in their original BMDO program elements. Consistent
with these changes, the following direction addresses these fiscal year
1998 procurement funds as part of the budget request for BMDO. Funding
direction regarding BMDO military construction is located elsewhere in
this report. Specific programmatic and funding guidance is provided
below.
BMDO FUNDING ALLOCATION
[In millions of dollars]
Program element Budget request SASC change HNSC change Conf. change Total authorized
RDT&E: 249.5 +188.4 +35.0 +171.0 420.5
Procurement: 20.1 20.1
----------------- ------------- ------------- -------------- -------------------
BMDO Total 2,966.6 +578.7 +817.5 +709.5 3,676.1
\1\Following submission of the budget request, the Department of Defense submitted a revised fiscal year 1998 budget request for THAAD of $353.4 million for Dem/Val and no funds for EMD.
\2\Transfer to Cooperative BMD.
LOW COST LAUNCH TECHNOLOGY
The budget request included no funds to support low cost launch
technologies, such as pressure fed engine technology.
The House bill would authorize an increase of $15.0 million in PE
63302F for development of the Scorpius low cost launch concept.
The Senate amendment would authorize an increase of $10.0 million in
PE 63173C for low cost launch technology development, including the
Scorpius concept.
The conferees agree to authorize an increase of $5.0 million in PE
63173C and an increase of $5.0 million in PE 63401F for low cost launch
technology, including the Scorpius and Excalibur concepts.
THEATER HIGH ALTITUDE AREA DEFENSE SYSTEM
The budget request included $556.1 million for the Theater High
Altitude Area Defense (THAAD) program, of which $294.6 million was
included in PE 63861C and $261.5 million was included in PE 64861C. The
Department of Defense, after an analysis of the THAAD program by the
Quadrennial Defense Review, submitted an amended budget request of
$353.4 million in PE 63861C and no funding in PE 64861C.
The House bill would authorize the original budget request in PE
63861C and $306.5 million in PE 64861C.
The Senate amendment would authorize $353.4 million in PE 63861C and
no funds for THAAD in PE 64861C.
The conferees agree to authorize $406.1 million in PE 63861C for
THAAD and no funds in PE 64861C.
The conferees express their continued strong support for THAAD and
believe that fielding THAAD as expeditiously as possible is a matter of
highest priority.
The conferees understand that the funding added for THAAD
demonstration and validation will be used for extensive risk reduction
activities to put the program on sounder technical and programmatic
footing when it enters engineering and manufacturing development (EMD)
in fiscal year 1999.
The conferees also support DOD efforts to contain program cost
growth that could result from schedule delays and technical
complications. The conferees expect the Secretary of Defense to review
the full range of cost control options applicable to the EMD phase of
the program, including, but not limited to, options involving
competition and leader-follower. The conferees direct the Secretary of
Defense to submit a report on the results of this review to the
congressional defense committees by March 15, 1998.
The conferees continue to note their concern over long delays in the
THAAD program. In the wake of the Gulf War, Congress directed the
deployment of effective theater missile defenses at the earliest
possible date. The THAAD program was initiated in calendar year 1992 and
deployment originally planned for the mid-1990s. Yet BMDO now supports a
14-year development program, with a first unit equipped
(FUE) in calendar year 2006, arguing that a 12-year
development program entails excessive programmatic and schedule risks.
The conferees understand that the most recent THAAD schedule
supported by BMDO includes a number of opportunities to accelerate the
program, depending on the technical progress. The conferees continue to
believe that rapid deployment is critical to meet well understood
warfighter requirements, and that every reasonable effort should be made
to achieve an FUE in calendar year 2004. The conferees direct the
Secretary of Defense to take all appropriate budgetary and programmatic
steps for fiscal year 1998 to ensure that the program can be accelerated
if opportunities arise to do so.
The conferees are also concerned that a delay in the program will
adversely affect THAAD EMD and procurement funding in the FYDP. The
conferees direct the Secretary of Defense to submit a FYDP that fully
funds a THAAD program oriented toward the earliest possible deployment,
consistent with moderate program risk.
navy upper tier (theater wide)
The budget request included $194.9 million in PE 63868C for the Navy
Upper Tier theater missile defense system.
The House bill would authorize an increase of $150.0 million for the
Navy Upper Tier program.
The Senate amendment would authorize an increase of $80.0 million
for the Navy Upper Tier program.
The Senate recedes.
The conferees are concerned that the Department of Defense still has
not thoroughly assessed the feasibility of accelerating the currently
planned Navy Upper Tier deployment date of fiscal year 2008. Noting
numerous administration statements attaching high priority to TMD
programs, the conferees direct the Secretary of Defense to report to the
congressional defense committees no later than February 15, 1998, on the
cost and technical feasibility of options for a more robust Navy Upper
Tier flight test program, the earliest technically feasible deployment
date, and costs associated with such a deployment date.
NATIONAL MISSILE DEFENSE
The budget request included $504.1 million in PE 63871C for the
National Missile Defense (NMD) program. Following the budget submission,
and pursuant to the Quadrennial Defense Review, the Secretary of Defense
requested that the NMD budget request be increased by $474.0 million for
fiscal year 1998.
The House bill and Senate amendment would authorize an increase of
$474.0 million for the NMD program.
The conferees agree to authorize an increase of $474.0 million for
the NMD program.
The conferees have expressed concern for some time that the NMD
program has been underfunded. The Department of Defense has acknowledged
this funding shortfall and recommended an increase of $474.0 million in
fiscal year 1998, and approximately $2.3 billion over the years of the
Future Years Defense Program (FYDP). The conferees note that this does
not include any funding for the actual deployment of an NMD system.
Although the conferees are pleased that the Secretary of Defense has
sought to rectify NMD funding shortfalls, they are disappointed that it
has taken so long. Even with significant congressional increases over
the last two years, the NMD program remains high risk, largely due to
the administration's failure to adequately fund robust testing
activities. Unfortunately, the addition of $474.0 million in fiscal year
1998 will do little in the near-term to compensate for this problem. The
conferees are concerned by the lack of detail accompanying the Secretary
of Defense's request to increase the NMD program budget by $2.3 billion
over the FYDP. In addition, the conferees are not satisfied with the
degree of information provided to date on how past NMD funding increases
have been spent. Therefore, the conferees direct the Secretary of
Defense to submit a report to the congressional defense committees by
February 15, 1998, providing a detailed accounting of how NMD funds have
been spent since the beginning of fiscal year 1996 and a detailed plan
for the allocation of NMD funding in the FYDP. In addition, the
Secretary shall provide a detailed description of the cost estimating
and cost control mechanisms in place within DOD for the NMD program, and
an assessment of whether they are adequate.
The conferees believe that BMDO should continue to understand issues
associated with sea-based NMD options. The conferees are aware of
analysis that shows that a version of the Navy Upper Tier TMD system
could be employed in an NMD role. Therefore, the conferees direct the
Director of BMDO to submit a report to the congressional defense
committees by February 15, 1998, describing whether and how the Navy
Upper Tier program could be upgraded in the future to provide a limited
NMD capability. The report should address the technical issues
associated with a sea-based NMD option as well as costs associated with
such a concept. The report should also address whether and, if so, how a
sea-based NMD system could be integrated into and supplement a
ground-based NMD system, whether and, if so, how a sea-based system
would provide needed additional capabilities in support of the
requirements for the existing NMD program, and whether such a system
would comply with the ABM Treaty.
COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM
The budget request included $38.7 million for the Arrow Continuation
Experiments/Arrow Deployability (ACES/ADP) program (PE 63872C), $12.9
million for the Unmanned Aerial Vehicle Boost Phase Intercept (UAV BPI)
program (PE 63870C), and $16.5 million for the Tactical High Energy
Laser (THEL) program (PE 63308A), all of which are U.S.-Israeli
cooperative missile defense programs. The budget request included no
funding for the Russian American Observation Satellite (RAMOS) program
and the Active Plasma Experiment (APEX) program, both of which are
cooperative Russian-American programs.
The House bill would authorize $123.1 million in a new BMDO program
element (63XXXC) for cooperative international BMD programs, including
$48.7 million for the Arrow program, an increase of $10.0
million; the budget request for the UAV BPI program; $38.2
million for THEL, of which $15.0 million was a funding increase and
another $6.7 million was to be funded by BMDO administrative accounts;
and $30.0 million for RAMOS and APEX.
The Senate amendment would authorize $53.7 million for Arrow in PE
63872C, an increase of $15.0 million; $17.9 million for UAV BPI in PE
63870C, an increase of $5.0 million; $51.5 million for THEL in PE
63308A, an increase of $35.0 million; and no funding for RAMOS or APEX.
The conferees agree to authorize $50.7 million for Arrow in PE
63872C, an increase of $10.0 million; $16.4 million for UAV BPI in PE
63870C, an increase of $3.5 million; $51.0 million for THEL in PE
63308A, an increase of $34.5 million; $13.0 million for RAMOS in PE
63173C; and $8.0 million for APEX in PE 63173C.
The House recedes on its initiative to create a new cooperative BMD
PE for fiscal year 1998. A legislative provision to create a new
cooperative BMD program element for fiscal year 1999 is described
elsewhere in this report. The conferees expect that these programs and
other appropriate programs will be managed through this new cooperative
BMD program element.
SPACE-BASED LASER
The budget request included $28.9 million in PE 63173C for the Space
Based Laser (SBL) program.
The House bill would authorize the budget request for the SBL program.
The Senate amendment would authorize an increase of $118.0 million
for the SBL program.
The conferees agree to authorize an increase of $98.0 million for
the SBL program, for a total of $126.9 million in fiscal year 1998.
The conferees strongly endorse the recommendation of BMDO's SBL
Independent Review Team (IRT) to proceed on a low risk path leading to
the launch of an ABM Treaty compliant Readiness Demonstrator (RD) in
fiscal year 2005. In a letter of August 15, 1997 to the Senate Majority
Leader, the Secretary of Defense confirmed that SBL technology ``has
reached a level of maturity enabling us to focus on integration issues
that could lead to a future space demonstration of a sub-scale
vehicle.'' The conferees believe that such an SBL RD can be developed
and launched without violating the ABM Treaty. Proceeding with an SBL RD
will not commit the United States to development or deployment of an
operational SBL system, but will preserve this option for future
consideration.
The conferees support the management structure that has been
established for the SBL program, with the Air Force acting as the
executive agent for BMDO, but believe that the Air Force must program a
share of the funding needed to develop and launch the SBL RD. The
conferees understand that the Air Force leadership is committed to such
a cost-sharing arrangement and look forward to this commitment being
reflected in the fiscal year 1999 budget request and in future Air Force
Program Objective Memorandum (POM) submissions. The conferees also
understand that the Secretary of Defense is considering options for
increasing funding for the SBL program in the BMDO budget. The conferees
recognize that full funding of the SBL RD program will allow a much more
efficient and lower risk program. Therefore, the conferees strongly urge
the Secretary of Defense to explore all possible means of including the
full SBL IRT recommended funding profile for a fiscal year 2005 launch
in the combined BMDO and Air Force Future Years Defense Program (FYDP),
starting with the fiscal year 1999 budget request.
The conferees direct that all funds authorized to be appropriated
for the SBL program in fiscal year 1998 be managed with the principal
objective of developing an SBL RD capable of being launched in fiscal
year 2005. The conferees further direct that all funds authorized to be
appropriated in fiscal year 1998 for the SBL program be directly
executed by the Commander of the Air Force Space and Missile Systems
Center (SMC).
The conferees recognize that the Commander of SMC may recommend that
some limited amount of critical and potentially high payoff SBL
technology research and development be continued even if it does not
directly support the SBL RD. However, due to the overarching priority of
launching the SBL RD in fiscal year 2005, the conferees direct that
obligation of SBL funds for such activities be limited, and only occur
following consultation with the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
The conferees direct the Commander of SMC to establish promptly an
SBL RD baseline, to include a set of technical objectives and
requirements, a contracting strategy, a system design, a program
schedule, and a funding profile that would support a launch in fiscal
year 2005. The conferees understand that the SBL IRT focused primarily
on a single SBL RD design. However, the conferees support the steps
taken by the Commander of SMC to rapidly assess technical and
contractual options that may allow a treaty compliant SBL RD to be
developed and launched more rapidly and affordably. To ensure that the
focus of the program remains on a fiscal year 2005 launch, the conferees
expect to be consulted prior to the adoption of any excursions from the
SBL IRT recommended baseline.
The conferees note that the SBL IRT concluded that a new integrated
test facility is an essential and relatively long-lead element of the
SBL RD effort. Therefore, the conferees direct the Commander of SMC to
proceed expeditiously in fiscal year 1998 with the selection of a site
for such a facility. The Commander of SMC shall include the
requirements, costs, and schedule for this facility in the SBL RD
baseline, as well as an assessment of the cost effectiveness of
continuing to operate other SBL test facilities such as the one at
Capistrano, California.
The conferees direct the Secretary of Defense to submit a report on
the status of the SBL RD baseline, and related issues, to the
congressional defense committees by March 1, 1998.
Strategic environmental research and development program
The budget request included $54.9 million in PE 63716D for the
Strategic Environmental Research and Development Program (SERDP).
The House bill would authorize an increase of $3.0 million in PE
63716D to pursue projects that focus on the elimination of
toxic materials and solvents from explosives and other energetic
materials.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million in PE
63716D for the purpose of developing environmentally benign energetic
materials.
Advanced electronics technologies
The budget request included $277.0 million in PE 63739E for advanced
technology development of a variety of electronics technologies.
The House bill would authorize an increase of $6.0 million for
research in extreme ultraviolet (EUV) lithography and fabrication of
nanoelectronic structures and an increase of $15.0 million for the
transition of the x-ray lithography program from the Defense Advanced
Research Projects Agency (DARPA) to the Navy.
The Senate amendment would authorize an increase of $23.0 million to
continue the proximity x-ray lithography program and an increase of $2.0
million to complete the point-source x-ray lithography program in fiscal
year 1998. The Senate amendment would also decrease by $3.0 million the
amount of funding authorized in project MT 06.
The conferees agree to authorize an increase of $18.0 million for
the proximity x-ray lithography program and an increase of $2.0 million
to complete the point-source x-ray program in fiscal year 1998. The
conferees also agree to decrease by $4.0 million the amount authorized
for project MT 06.
The conferees agree to authorize an increase of $6.0 million in PE
62712E for EUV lithography as discussed elsewhere in the Statement of
Managers for the National Defense Authorization Act for Fiscal Year
1998.
The conferees endorse the views expressed in the House report (H.
Rept. 105 132) regarding the need to ensure a smooth transition of the
proximity x-ray lithography program from DARPA to the Navy and the
private sector. The conferees direct, therefore, that Naval Air Systems
Command be appointed executive agent for the program and that all funds
expended for research and development of proximity x-ray, and related
technologies, be coordinated through and meet the program priorities of
the Naval Air Systems Command and the Naval Research Laboratory. The
conferees urge the Navy to coordinate research in cross-cutting
technologies between the proximity x-ray program, and related
technologies, and the DARPA sub-tenth micron advanced lithography
program. The conferees endorse the Senate report requirement (S. Rept.
105 29) that the Navy prepare and submit a plan to expeditiously
complete the transition of the program to industry with fieldable
technology. The plan must be submitted to the congressional defense
committees no later than 180 days after the date of enactment of this
Act.
Electronic commerce resource centers
The budget request included $14.9 million in PE 63753S for
electronic commerce resource centers (ECRC).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.0 million in
PE 63753S for the establishment of a new ECRC.
The conferees agree to authorize an increase of $6.0 million in PE
63753S: $3.0 million for the establishment of a new center, as discussed
in the Senate report (S. Rept. 105 29); and $3.0 million for the
establishment of an additional center. The conferees direct that all
applicable competitive and merit-based procedures be used in the award
of contracts, grants, or other agreements under this program, and that
cost-sharing requirements for non-federal participants be utilized where
appropriate.
Land warfare technologies
The budget request included $82.58 million in PE 63764E for land
warfare technologies advanced technology development.
The House bill would authorize an increase of $6.6 million in PE
63764E for the active structural control program and $14.0 million for
the DP 2 vectored thrust program. The House bill would also authorize a
$9.0 million reduction in PE 63764E.
The Senate amendment would authorize an increase of $4.4 million for
the active structural control program.
The conferees agree to authorize an increase of $5.4 million for the
active structural control program. The conferees also agree to a
decrease of $5.0 million in PE 63764E for the small unit operations
program.
The conferees are aware of recent progress in the activities related
to the DP 2 vectored thrust program. The Office of Naval Research has
recently sponsored the vectored thrust program and prior year funds were
transferred from the Defense Advanced Research Projects Agency for this
purpose. The conferees encourage the Navy to reprogram additional funds
to support this program should initial testing prove successful.
Defense Reconnaissance Support Activities
The budget request included $49.4 million in PE 35159I for Defense
Reconnaissance Support Activities.
The House bill would direct the Department of Defense to
discontinue, not later than October 1, 1999, the Defense Space
Reconnaissance Program (DSRP) and close the Defense Space Program Office
(DSPO).
The Senate amendment contained no such direction and would authorize
the budget request.
The House recedes.
The conferees agree that there appears to be an overly bureaucratic
management of space reconnaissance support to military operations. The
DSPO was established in 1981 to provide management support and oversight
of programs which improve satellite reconnaissance support to the
operational military commander. DSPO was established as an overt liaison
between the then unacknowledged National Reconnaissance Office (NRO) and
the military services. After public acknowledgment of the NRO, the
Director of the NRO: (1)
established direct support to military operations as a core
function of the Office; and (2) created the NRO position of Deputy
Director, Military Support to manage this function and the DSPO
organization.
The conferees believe the Department needs to review the need for
continuing the DSPO in light of the NRO's public acknowledgment and its
stated military support mission. Further, the conferees believe that the
position of Deputy Under Secretary of Defense for Space provides the
additional civilian oversight necessary to ensure the effective
application of space support to the military services.
Therefore, the conferees believe the Secretary of Defense should
determine whether there is a need to retain the DSPO management
organization and the DSRP program it manages. The conferees note that
such a determination could benefit from the advice of the Task Force on
Defense Reform. The conferees direct the Secretary to report to the
congressional defense and intelligence committees on the results of his
determination by March 1, 1998.
Special operations tactical systems development
The budget request included $73.1 million to support special
operations tactical systems development (PE 116404BB).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.7 million to
support special operations tactical systems.
The conferees agree to authorize the transfer of $36.4 million from
special operations shipbuilding procurement to the advanced SEAL
delivery system (ASDS) to address funding shortfalls. The conferees are
concerned about the significant problems associated with development and
management over the life of the ASDS program. The conferees have been
notified of the program shortfalls and corrective actions implemented by
the Navy to bring this program back on track. The conferees agree to
support the Navy request to use available procurement funds to support
proposed corrective actions and expect the Navy to improve its oversight
of this important program. The conferees are aware that a realignment of
funds will be made in the fiscal year 1999 budget request to complete
ASDS 1. The conferees direct that, prior to February 15, 1998, the
Secretary of the Navy report to the congressional defense committees on
the total projected costs of the ASDS, the estimated date of
construction completion, and adjusted plans for sea trials and initial
operating capability. In addition, the report shall include the Future
Years Defense Program funding for the ASDS program.
The conferees agree to authorize a total of $109.5 million in PE
116404BB.
Special operations intelligence systems development
The budget request included $4.9 million to support special
operations intelligence systems development.
The House bill would authorize an increase of $3.0 million to
support the mission familiarization virtual reality project and an
additional increase of $5.0 million for the special operations forces
intelligence vehicle.
The Senate amendment would authorize an increase of $4.0 million to
develop the joint threat warning system.
The conferees agree to authorize an increase of $6.0 million for
special operations system development. Of this amount, $3.0 million is
for the special operations forces intelligence vehicle and $3.0 million
is for the joint threat warning system.
ITEMS OF SPECIAL INTEREST
Army research institute
The conferees note the continuing needs of the Army for analyses
related to personnel recruitment and training as well as issues related
to gender and racial integration. The conferees note the studies in
these areas carried out by the Army Research Institute and urge the Army
to consider its requirements for further research before taking action
to reduce further the activities of the Institute.
Aviation advanced technology
The budget request included $31.3 million for aviation advanced
technology in PE 63003A. The conferees encourage the Army, with the
funds available, to consider exploring the potential operational value
and key technical issues related to an integrated manned and unmanned
aerial vehicle scout team.
BOL expendable dispenser system
The conferees are aware of the important survivability enhancement
that the BOL expendable dispenser system provides our operational F 14
aircraft, and the potential capability that the system may provide for
other aircraft.
The Congress provided approximately $18.0 million in fiscal year
1997 for final testing and qualification of the BOL on the F/A 18C/D
aircraft. The conferees understand that progress in testing and
qualification has been slow, despite the Navy's expressed desire to
accelerate the program for the F/A 18C/D. The conferees direct the
Secretary of the Navy to report to Congress with the submission of the
fiscal year 1999 budget on the results of the Navy's assessment and
intentions regarding qualification and potential fielding the BOL system
on the F/A 18C/D aircraft.
Department of Defense science and technology program
Today, U.S. military forces have the capabilities to deploy anywhere
in the world, sustain forward presence indefinitely, and win decisively
on any battlefield. Those capabilities are a direct result of
investments in research and technology sustained over the last 50 years.
Such investments have played a crucial role in the development of
advanced technologies and in the education and training of scientific
personnel required to support the technological advances necessary for
maintaining military superiority.
The conferees note with concern the continuing reduction in the
funding in real terms for science and technology programs in
the Department of Defense, especially in the programs of the services.
Because military forces will be smaller in the future, effective
application of technology will be even more critical for battlefield
superiority. Investments in defense science and technology programs
should be strengthened in recognition of this reality. The conferees
urge the Department to include a robust level of funding for science and
technology programs in the request for fiscal year 1998.
High temperature superconductor power applications
The conferees understand that the Navy is pursuing large-scale
applications of high temperature superconductors (HTS) for electric
drive ship propulsion and other applications. The conferees also note
that the Submarine Technology Assessment Panel, commissioned by the
Assistant Secretary of the Navy (Research, Development and Acquisition),
recommended in its final report that the Navy focus research and
development efforts to ensure the maturity of the superconducting
technology and the incorporation of electric drive into a submarine
design as soon as feasible. In light of the initiation of the Navy
development and production of the New Attack submarine, SC 21 and CV(X),
and the progress realized by the commercial sector in the development
and application of this technology and its potential benefits, the
conferees encourage the Navy to consider this technology for widespread
use in propulsion and auxiliary equipment. The conferees direct the
Secretary of the Navy to submit a report to the congressional defense
committees, no later than March 1, 1998, that describes the results of
the tests conducted on the prototype HTS motor.
Improving collaboration between the Department of Defense and
the Department of Energy laboratories
The conferees endorse the direction given on pages 425 and 426 of
the Senate report (S. Rept. 105 29) regarding the establishment of a
pilot program proposal for direct collaboration between the Department
of Defense and the Department of Energy laboratories and sites. However,
in order to provide for a more focused program, the conferees direct
that the Under Secretary of Defense for Acquisition and Technology need
only work in consultation with the Assistant Secretary of Energy for
Defense Programs in preparing the pilot proposal.
Interferometric synthetic aperture radar
Forward deployed U.S. armed forces have a need for up-to-date and
highly accurate maps that provide three-dimensional location of targets,
including altitude, latitude, and longitude, and for reconstruction of
terrain in a three-dimensional setting for planning combat missions. The
conferees understand that an airborne interferometric synthetic aperture
radar (IFSAR) has the potential to provide imagery of one foot
resolution and digital terrain elevation data (DTED) at DTED level 4.
The conferees understand that the Army and the Defense Advanced
Research Projects Agency recently demonstrated an airborne IFSAR during
operations in support of U.S. ground forces in Bosnia. The test system
is relatively small and for test purposes was flown on a business jet,
which proved satisfactory in Bosnia. To operate in a major regional
contingency, however, U.S. armed forces would require a larger, more
capable system, flying at higher altitudes.
The conferees direct the Secretary of Defense and the Intelligence
community to study the costs, feasibility, and potential capability
gains of placing an IFSAR on a U 2 or high altitude endurance unmanned
aerial vehicle, and to report the results of this analysis to the
congressional defense committees with the submission of the fiscal year
1998 budget request.
Naval biodynamics laboratory data bank
For nearly thirty years, the NBDL focused on the intensive test,
study, and analysis of the human body's response to the trauma of
crashes, and developed a national data bank of collective human crash
response information based on approximately 3,500 crash tests using live
human subjects. In 1996, the NBDL ceased operations as a result of
previous decisions to close the laboratory, but was not able to
consolidate and safely store its research information in a consistent,
useful data bank format. The conferees believe that the effort spent in
amassing the unique human response data by the NBDL should not be lost.
Accordingly, the conferees direct the Secretary of the Navy to develop a
plan that establishes a national crash survival data bank that will
safeguard the integrity of the data gathered by the NBDL and to submit a
report on the plan and the funding required to establish the data bank
with the fiscal year 1999 Department of Defense budget request.
Strategic systems industrial capabilities
The Department of Defense has consistently highlighted the need to
maintain certain industrial base skills and technologies unique to
strategic programs. The conferees support the efforts that the
Department and the services have made to ensure that these technologies
and skills are maintained for future uses. The conferees support Air
Force efforts with respect to specialized materials, such as 2 2 3
carbon/carbon, that may be needed for future space and other
applications. The conferees urge the Secretary to review the Future
Years Defense Program to ensure that Strategic Systems specialized
industrial base issues are adequately funded.
Telemedicine
The conferees have a continuing interest in telemedicine and in the
promise that the application of telemedicine technology holds for
improvements in the health care of service members on the battlefield,
at sea, and in military and civilian health care facilities. The
conferees are aware that the General Accounting Office (GAO) in its
February 1997 report ``Telemedicine: Federal Strategy is
Needed to Guide Investments'' concluded that telemedicine has the
potential to revolutionize the way health care is delivered and that
recent increased interest in telemedicine technology has resulted in
widespread applications throughout the United States. However, the GAO
also concluded that no overarching, government-wide strategy exists to
ensure that the most is gained from federal telemedicine efforts. The
conferees believe that because the Department of Defense (DOD) is one of
the major federal investors in telemedicine and manages one of the
nation's largest health care systems, it would be in a good position to
help forge an overall telemedicine strategy. A first step in this
direction would be the development of a department-wide telemedicine
strategy.
The conferees strongly recommend that the Secretary of Defense
develop and submit to the congressional defense committees by March 31,
1998, an overarching telemedicine research and development and operation
strategy. The strategy should clearly define the scope of telemedicine
in the Department, establish DOD-wide goals and objectives, and identify
actions and appropriate milestones for achieving them; prioritize and
target near- and long-term investments, especially for goals related to
combat casualty care and operations other than war; and clarify the
roles of DOD oversight organizations. The conferees also recommend that
the Secretary coordinate with the Joint Working Group on Telemedicine in
the development of national goals and objectives for telemedicine.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Dual-use technology program (sec. 203)
The House bill contained a provision (sec. 203) that would direct
the Department of Defense to fund the dual-use science and technology
program in fiscal year 1998 as a percentage of the science and
technology program of each of the services.
The Senate amendment contained a provision (sec. 216) that would
establish a set of goals with increasing levels of funding for new
starts in the applied research accounts of the military services to be
devoted to dual-use projects in each of fiscal years 1998, 1999, and
2000. Under the provision, the dual-use projects entered into by the
military services would have to require a minimum cost-share of 50
percent from non-federal participants in order to count toward meeting
the specified goal. The provision would also assign oversight
responsibility for implementation of dual-use technologies to an
official who would report directly to the Under Secretary of Defense for
Acquisition and Technology.
The House recedes with an amendment that would increase the goals
set in the Senate provision and impose the percentages to the entire
applied research accounts of the military services rather than new
starts within those accounts for each of fiscal years 1998, 1999, 2000,
and 2001. The provision would also place restrictions on the proportion
of in-kind contribution in the non-federal cost-share for dual-use
projects that would be applied toward meeting the goals. Finally the
provision would specifically authorize $50.0 million for the Commercial
Operations and Support Initiative (COSSI) and $75.0 million for the
dual-use science and technology projects in fiscal year 1998. The
conferees direct that the funds authorized for the COSSI program in
fiscal year 1998 be used only to complete projects under existing
agreements and that no new solicitation under the COSSI program be
initiated until fiscal year 1999.
The conferees direct the Secretary of Defense to submit to the
congressional defense committees, at the time of the budget request for
each of the fiscal years for which a goal applies under the provision, a
report on the plans for the program for the fiscal year of the request.
The report should provide sufficient detail with respect to funding
allocations, priorities, and technology development goals for both the
science and technology program and the COSSI program to allow Congress
to make an informed decision on the request.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Manufacturing technology program (sec. 211)
The House bill contained a provision (sec. 211) that would amend
section 2525 of title 10, United States Code, through fiscal year 2000,
to establish a funding requirement for the manufacturing technology
(MANTECH) program of 0.25 percent of the amount available for
demonstration and validation, engineering and manufacturing development,
operational system development, and procurement programs of the Army,
the Navy, the Air Force, and Defense Agencies, or the amount authorized
by law for manufacturing technology projects of the military departments
and defense agencies, whichever amount is greater. The provision would
also require an annual report to Congress through fiscal year 2000.
The Senate amendment contained a provision (sec. 231) that would
amend section 2525(c)(2) of title 10, United States Code, to clarify the
rationale for the requirement that the Department seek the participation
of manufacturers of manufacturing equipment in the projects under the
MANTECH program.
The House recedes with an amendment that would include the
requirement for the Secretary of Defense to prepare a five year plan for
the MANTECH program that establishes manufacturing technology goals,
milestones, and priorities, the investment strategy for the program,
annual program objectives, and annual funding for the program by defense
agencies and the military departments.
The conferees strongly endorse the Department of Defense
manufacturing technology program. The program provides ``seed funding''
for the development of moderate to high risk material, process, and
equipment technology to enable production of advanced, high quality
weapons systems with shorter lead times and reduced acquisition costs.
The conferees also endorse the need to stabilize the funding level for
the MANTECH program and eliminate the uncertainty in annual funding
that has reduced the program's effectiveness and efficiency.
The conferees believe that the program's objectives, investment
strategy, and funding level must be closely tied to the manufacturing
technology and process requirements of the various Defense acquisition
programs. To achieve this goal and to maintain the Department of Defense
MANTECH program at the funding level needed to assure the availability
of advanced manufacturing technology and processes, the conferees
recommend that the Secretary establish a funding target for the program
of at least 0.25 percent of the amount programmed by each of the
military departments and defense agencies for their demonstration and
validation, engineering and manufacturing development, operational
system development, and procurement programs.
Report on operational field assessments program (sec. 212)
The House bill contained a provision (sec. 220) that would require
the Secretary of Defense to submit to the Congress no later than March
30, 1998 a report on the operational field assessments program,
including a description of future plans for the program and funding
requirements for planned activities under the program.
The Senate amendment contained no similar provision, but authorized
an increase of $8.0 million in PE 65118D for operational field
assessments in fiscal year 1998.
The Senate recedes with an amendment that would require the
Secretary of Defense to report to the Congress on the manner in which
the operational field assessment program plan will ensure responsiveness
to the mission needs of the commanders of the unified combatant
commands. The conferees agree to authorize an increase of $4.0 million
in PE 65118D to support operational field assessments in fiscal year
1998.
Joint Strike Fighter Program (sec. 213)
The Senate amendment contained a provision (sec. 211) that would
require the Secretary of Defense to submit a report to the congressional
defense committees on the options for the sequence in which the variants
of the Joint Strike Fighter (JSF) are to be produced and fielded.
The House bill contained no similar provision.
The House recedes with an amendment that would include a requirement
for certification that the JSF program contains sufficient funding to
carry out an alternate engine program that includes flight qualification
of an alternate engine.
Kinetic energy tactical anti-satellite technology program (sec. 214)
The Senate amendment contained a provision (sec. 218) that would
authorize $80.0 million in PE 63892D to continue the Kinetic Energy
Tactical Anti-Satellite (KE ASAT) program in fiscal year 1998. The
provision would also prohibit the obligation of funds in PE 65104D,
relating to technical studies and analyses, until the funds appropriated
for the KE ASAT program for fiscal year 1998 have been released to the
KE ASAT program manager.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize $37.5
million for the KE ASAT program for fiscal year 1998.
The conferees understand that the administration maintains that
there is no military requirement for the KE ASAT program and that the
Department of Defense does not support it. However, there appears to be
some confusion regarding the Department's support for some degree of KE
ASAT technology development. The Department of Defense's recent Space
Control Architecture study appears to endorse continued development of
KE ASAT technology, and the National Space Policy appears to call for
the development of active counter-satellite capabilities.
In light of these factors, the conferees direct the Secretary of
Defense to submit a report to the congressional defense committees by
February 15, 1998, to include the following: (1) a determination as to
whether the National Space Policy and DOD Space Policy establish
requirements for the development of active counter-satellite
capabilities; (2) a summary of the DOD Space Control Architecture study,
including any updates to the study, and the study's findings and
recommendations regarding the KE ASAT program; and (3) a determination
by the Secretary as to whether the Department of Defense should develop
active counter-satellite capabilities and, if so, whether the Secretary
intends to sustain some level of KE ASAT technology development. The
report shall be submitted in an unclassified form and, if necessary, in
a classified form.
The conferees note that fiscal year 1997 funds remain available for
the KE ASAT program. The conferees continue to support the development
of KE ASAT technology.
Micro-satellite technology development program (sec. 215)
The Senate amendment contained a provision (sec. 219) that would
authorize $50.0 million in PE 63401F for the Clementine 2 program. The
provision would also prohibit the obligation of more than $35.0 million
of funds authorized in PE 64480F for the Global Positioning System Block
IIF satellite system until the Secretary of Defense certifies to
Congress that the Secretary has made available for obligation funds
appropriated for fiscal year 1998 for the Clementine 2 Micro-Satellite
program.
The House bill contained no similar provision.
The House recedes with an amendment that would require: (1) that the
Clementine 2 program be restructured into a micro-satellite technology
development program that supports a range of space mission areas; and
(2) the Secretary of Defense to provide a report on the restructured
micro-satellite program to the congressional defense committees.
The conferees note that the Air Force and U.S. Space Command have
supported micro-satellite development activities and that the Air Force
has established and provided a limited amount of funding for such a
program in the Future Years Defense Program. The conferees continue to
support innovative technology demonstrations designed to test key
technologies in space and urge the Secretary of Defense to
ensure that the restructured micro-satellite technology
program continues such efforts. The conferees note that the Air Force,
in conjunction with the office of the Deputy Undersecretary of Defense
for Space, has developed a range of options for such a program. The
conferees believe that funds appropriated for the Clementine 2 program
in prior years should be used to support the restructured
micro-satellite program.
High altitude endurance unmanned vehicle program (sec. 216)
The Senate amendment contained a provision (sec. 213) that would
impose a cost cap on the High Altitude Endurance Unmanned Aerial Vehicle
(HAE UAV) program at the levels requested in the fiscal year 1998 budget
request.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the reporting
requirement of the provisions and the certification requirements for the
program.
22 aircraft program (sec. 217)
The Senate amendment contained a provision (sec. 212) that would
impose cost caps on both the total cost of engineering and manufacturing
development (EMD) and the total cost of production of the F 22.
Additionally, the Senate amendment would require an annual report by the
Comptroller General that would assess the progress of EMD and its
prospect of completion under the cost cap. The annual report would be
required until EMD is complete. Finally, the Senate amendment would
limit the obligation of funds authorized to be appropriated each fiscal
year to 90 percent until the Comptroller General's annual report is
submitted.
The House bill contained no similar provision.
The House recedes with an amendment that would allow adjustments to
the cost caps for economic inflation and compliance with laws enacted
after September 30, 1997.
SUBTITLE C--BALLISTIC MISSILE DEFENSE PROGRAMS
National Missile Defense Program (sec. 231)
The Senate amendment contained a provision (sec. 225) that would
require the Secretary of Defense to structure the National Missile
Defense (NMD) program to support an integrated NMD system test in fiscal
year 1999. The provision would also require the Secretary of Defense to
prepare a plan for the development and deployment of an NMD system that
could achieve initial operational capability in fiscal year 2003.
Finally, the provision would authorize $978.1 million for NMD in fiscal
year 1998.
The House bill contained no similar provision.
The House recedes.
Budgetary treatment of amounts for procurement for ballistic
missile defense programs (sec. 232)
The House bill contained a provision (sec. 231) that would require
future budget requests for procurement of the National Missile Defense
program and for core theater missile defense programs to be within the
accounts of the Ballistic Missile Defense Organization (BMDO) rather
than in the accounts of the military services.
The Senate amendment contained a provision (sec. 226) that would
direct the Secretary of Defense to transfer ballistic missile defense
program procurement funds previously managed by the Ballistic Missile
Defense Organization from military service accounts back to their
original BMDO procurement accounts.
The Senate recedes with an amendment that combines the House and the
Senate provisions.
Cooperative Ballistic Missile Defense program (sec. 233)
The House bill contained a provision (sec. 232) that would establish
a Cooperative Ballistic Missile Defense Program within the Ballistic
Missile Defense Organization (BMDO), to support on-going and future
technical and analytical cooperative efforts between the United States
and other nations that contribute to U.S. missile defense capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide the
Secretary of Defense discretion to exclude certain ballistic missile
defense acquisition programs from the cooperative ballistic missile
defense program element. The conferees understand that BMDO has
developed plans for the creation of a dedicated cooperative ballistic
missile defense program element and look forward to this new program
element in the fiscal year 1999 budget request.
Annual report on the threat posed to the United States by
weapons of mass destruction, ballistic missiles, and cruise missiles
(sec. 234)
The House bill contained a provision (sec. 234) that would direct
the Secretary of Defense, in consultation with the Director of Central
Intelligence, to prepare and submit to Congress by January 30 of each
year, a report on threats posed to the United States and its allies by
cruise missiles, ballistic missiles, and weapons of mass destruction,
and the proliferation of such technologies.
The Senate amendment contained no similar provision.
The Senate recedes.
Director of Ballistic Missile Defense Organization (sec. 235)
The House bill contained a provision (sec. 235) that would require
that the Director of the Ballistic Missile Defense Organization (BMDO)
carry the grade of lieutenant general or general or, in the case of an
officer of the Navy, vice admiral or admiral. It would also require that
the Director of BMDO report directly to the Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit the
appointment of a civilian official of equivalent grade as Director of
BMDO and eliminate the requirement that the Director report directly to
the Secretary of Defense.
The conferees direct the Secretary of Defense to ensure that the
director of BMDO is accorded full access to the Secretary and all other
senior Department of Defense officials on matters pertaining to the
management of ballistic missile defense programs for which the director
has responsibility.
Repeal of required deployment dates for core theater missile
defense programs (sec. 236)
The House bill contained a provision (sec. 233) that would amend
section 234(a) of the Ballistic Missile Defense Act of 1995 by
eliminating deployment dates for certain core theater missile defense
(TMD) programs and modifying the deployment date for the Theater High
Altitude Area Defense (THAAD) program. The provision also made technical
and conforming changes to section 234(a).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate all
deployment dates for core TMD programs from section 234(a) of the
Ballistic Missile Defense Act of 1995.
The conferees continue to support the earliest possible deployment
of effective theater missile defenses, consistent with acceptable
program risk, as a matter of high national priority. The conferees
believe that the mandated deployment dates made clear the high priority
attached by Congress to all four core theater missile defense programs.
These dates and congressional funding increases have propelled the Navy
Area Theater Ballistic Missile Defense program into engineering and
manufacturing development and the Patriot Advanced Capability-3 (PAC 3)
program into procurement. Congressionally mandated deployment dates were
also motivated by the Department of Defense's failure to commit firmly
to a deployment schedule for the Navy Theater Wide and THAAD programs
that would result in deployment of these vital capabilities at the
earliest opportunity consistent with acceptable technical and program
risk.
Henceforth, the conferees anticipate that a statement of
congressional intent concerning the management of the core TMD programs
will be issued annually. The conferees believe that the flexibility of
annual statements will allow for rigorous and effective congressional
oversight.
SUBTITLE D--OTHER MATTERS
Restructuring of National Oceanographic Partnership Program
organization (sec. 241)
In signing the National Defense Authorization Act for Fiscal Year
1997, the President issued a statement that the statute's method for the
appointment of certain members of the National Ocean Leadership Council
would violate the Appointments Clause of the Constitution. Although the
statement provided that the Council should not exercise significant
governmental authority, the administration allowed the Council to be
convened with the 12 members whose appointment did not raise any
constitutional issue, pending the enactment of corrective legislation.
The House bill contained a provision (sec. 214) that would amend
section 7902 of title 10, United States Code, to provide that the
President, or his designee, shall appoint members of the National Ocean
Research Council who are not already government officers, to represent
the views of the ocean industries, state governments, and academia, and
such other views as the President considers appropriate.
The Senate amendment contained a provision (sec 234) that would
amend section 7902(b) to revise the membership of the Council by
removing those members whose appointment would raise constitutional
questions. The National Ocean Leadership Council would remain as
currently established by the administration, with members representing
the 12 Federal agencies with significant oceanographic interest. The
provision also recommended that the membership of the Council's Ocean
Research Advisory Panel be expanded to include representatives from the
National Academy of Sciences, the National Academy of Engineering, and
the Institute of Medicine, as well as government, academia, and the
oceans industry.
The House recedes with an amendment that would clarify the role of
the Ocean Research Advisory Panel with regard to membership and
responsibilities.
Maintenance and repair of real property at Air Force
installations (sec. 242)
The House bill contained a provision (sec. 215) that would amend
chapter 949 of title 10, United States Code, by adding a new provision
to permit the use of both research, development, test, and evaluation
funds and operations and maintenance funds for maintenance and repair of
real property at Air Force installations.
The Senate amendment contained no similar provision.
The Senate recedes.
Expansion of eligibility for the defense experimental program
to stimulate competitive research (sec. 243)
The House bill contained a provision (sec. 216) that would amend
section 257 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337) to ensure the eligibility of the Commonwealth
of Puerto Rico and other U.S. territories to participate in the Defense
Experimental Program to Stimulate Competitive Research.
The Senate amendment contained a similar provision (sec. 233).
The House recedes.
Bioassay testing of veterans exposed to ionizing radiation
during military service (sec. 244)
The House bill contained a provision (sec. 217) that would authorize
$300,000 for the Nuclear Test Personnel Program conducted by the Defense
Special Weapons Agency.
The Senate amendment contained a similar provision (sec. 220) that
would authorize $300,000 for the Nuclear Test Personnel Program
conducted by the Defense Special Weapons Agency for the third phase of
bioassay testing of radiation-exposed veterans who participated in
radiation-risk activities, and would direct the collection of samples by
the appropriate department of agency appropriate agency, and the
transfer under appropriate chain of custody to the Brookhaven National
Laboratory.
The House recedes with an amendment that would authorize $300,000
for the Nuclear Test Personnel Program from funds authorized for the
Defense Special Weapons Agency to conduct the third phase of bioassay
testing of veterans exposed to ionzing radiation during their military
service.
The conferees agree that neither the Brookhaven National Laboratory,
nor the Defense Special Weapons Agency (DSWA), have the capability to
collect the samples from the veterans who participated in the United
States atmospheric nuclear testing program or the occupation of
Hiroshima and Nagasaki, Japan. Therefore, the conferees direct the
appropriate department or agency, with access to the veterans who
participated in these activities, to collect the required bioassay
samples and transfer them to Brookhaven National Laboratory under the
appropriate chain of custody.
Sense of Congress regarding Comanche program (sec. 245)
The House bill contained a provision (sec. 218) that would express
support for Comanche program technology transfer and acquisition
efforts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express the sense of
Congress that the Department of Defense should evaluate potential
technology transfer and acquisition initiatives within the Army Comanche
program that have the potential to increase the efficiency of the
program or reduce risk. If the Department identifies an initiative with
merit, the conferees expect that funding will be identified for the
initiative in the future years defense program.
LEGISLATIVE PROVISIONS NOT ADOPTED
Strategic environmental research and development program
The House bill contained a provision (sec. 212) that would direct
the Secretary of Defense to submit a report on the Strategic
Environmental Research and Development Program (SERDP) by February 28,
1998. In relation to each SERDP project, the report would specify the
following: (1) defense-unique and mission-relevant aspects; and (2)
certify that it does not duplicate other environmental research,
development, and demonstration efforts of other government entities or
organizations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees have been advised by the Department of Defense that
technologies funded through SERDP are carefully screened to identify
projects that may duplicate efforts within the Department. The conferees
direct the Department of Defense to ensure that every effort is made to
avoid redundant research and development efforts in the area of
environmental technology.
Tactical unmanned aerial vehicles
The House bill contained a provision (sec. 213) that would prohibit
the obligation of funds for the Outrider Advanced Concept Technology
Demonstration (ACTD) program.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are disappointed with the progress of the Outrider
ACTD program to date. The conferees believe that the program has
suffered irreparably from unstable and ambiguous joint requirements and
note that the program appears to be on a path to failure with respect to
its operational capabilities. In the future, the conferees will look
less favorably on ACTD programs that are not limited demonstrations of
mature technologies, but rather thinly veiled attempts to evade the
regular order of the acquisition process.
Accordingly, the conferees agree to authorize $45.0 million for
completion of the Outrider ACTD development and user activities, but not
procurement of operational Outrider systems. Moreover, the conferees
agree to authorize these Outrider ACTD activities in PE 63003A, Advanced
Aviation Technology program.
Land attack standard missile
The House bill contained a provision (sec. 219) that would authorize
an increase of $10.0 million increase in PE 63795N for flight test
demonstration and risk reduction activities for the Land Attack Standard
Missile. In addition, the provision would decrease PE 63217N (Air
Systems and Weapons Advance Technology) by $5.0 million and PE 63508N
(Ship Hull Mechanical and Electrical Technology) by $5.0 million.
The Senate amendment contained no similar provision.
The House recedes. The conferees agree to authorize an increase of
$3.0 million in PE 63795N for the Land Attack Standard Missile as
discussed elsewhere in this report.
Tactical High Energy Laser program
The House bill contained a provision (sec. 236) that would transfer
the Tactical High Energy Laser (THEL) program from the Department of the
Army to the Ballistic Missile Defense Organization, and authorize $38.2
million for THEL in fiscal year 1998.
The Senate amendment contained no similar provision.
The House recedes. Fiscal year 1998 funding for THEL is addressed
elsewhere in this report.
Advanced anti-radiation guided missile program
The Senate amendment contained a provision (sec. 214) that would
authorize the Secretary of the Navy to use up to $25.0 million of the
amount authorized for fiscal year 1997 for the advanced anti-radiation
guided missile (AARGM) program to fund fiscal year 1998 research
development, test, and evaluation programs of the Navy that have a
higher priority.
The House bill contained no similar provision, but would authorize
an increase of $35.0 million in PE 25601N to continue the ARRGM program.
The Senate recedes.
The conferees share the concerns expressed in the House report (H.
Rept. 105 132) that the high degree of concurrency in the schedule for
development and demonstration of the AARGM results in increased risk to
the program and that a more sequential development program may be
warranted. Accordingly, the conferees reiterate the guidance in the
House report (H. Rept. 105 132) that the Secretary of the Navy conduct
an independent assessment of the program plan, development and
demonstration schedule, program execution, technical performance, and
program risk. The Secretary shall report the results of the assessment
to the congressional defense committees by March 31, 1998. The report
should also include the Secretary's recommendations regarding the
objectives of the program, revisions to the program schedule, and the
funding required to complete the program.
Federally funded research and development centers
The Senate amendment contained a provision (sec. 215) that would
prohibit the Department of Defense (DOD) from funding more than 6,206
staff years of technical effort for federally funded research and
development centers (FFRDC's) out of the funds authorized to be
appropriated for the DOD for fiscal year 1998.
The House bill contained no similar provision.
The Senate recedes.
Department of Defense/Veterans' Administration cooperative
research program
The Senate amendment contained a provision (sec. 221) that would
authorize $15.0 million for the Department of Defense/Veterans
Administration (DOD/VA) cooperative research program from the funds
authorized to be appropriated for research, development, test, and
evaluation for defense agencies in fiscal year 1998.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize $15.0 million in PE 63738D for the
Cooperative DOD/VA Medical Research Program of which $4.5 million is
authorized for the Persian Gulf illness clinical trials program
discussed on page 161 of the House report (H. Rept. 105 132). The
conferees direct that all applicable competitive, merit-based
procedures be used in the award of contracts, grants or other
agreements under the Cooperative DOD/VA Medical Research Program. The
conferees further direct the Secretary of Defense to ensure that any
Department of Defense funds authorized for fiscal year 1998 program be
expended for research on the medical problems of men and women
associated with military service.
Multitechnology integration in mixed-mode electronics
The Senate amendment contained a provision (sec. 222) that would
authorize an increase of $7.0 million for multitechnology integration in
mixed-mode electronics (MIME) research. The Senate provision would
reduce by an equal amount the funds authorized to be appropriated for
procurement for the reserve components of the armed services and made
available for special equipment for user testing.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize an increase of $7.0 million in PE
62712E for applied research in MIME technology, as discussed elsewhere
in this report.
Facial recognition technology program
The Senate amendment contained a provision (sec. 223) that would
authorize an increase of $5.0 million for a facial recognition
technology program.
The House bill contained no similar provision, but would authorize
$5.0 million for a facial recognition technology program in the
counterterror technical support program (PE 63122D).
The Senate recedes. The conferees agree to authorize $3.0 million
for a facial recognition technology program in the defense tactical
technology program (PE 62702E).
Explosives demilitarization technology
The Senate amendment included a provision (sec. 235) that would
direct the Secretary of Defense to conduct an explosive munitions
demilitarization demonstration program, and using competitive
procedures, conduct a demonstration using an existing, commercially
available blast chamber technology as an alternative to open burning,
open pit detonation of munitions; require the Secretary of Defense to
submit to Congress, along with the fiscal year 2000 budget, a report on
the results of the demonstration program and assessment of the relative
benefits of the blast chamber technology with regard to levels of
emissions and noise, and a cost benefit analysis of this technology. The
provision would increase the budget request for the explosives
demilitarization technology program by $6.0 million for the
demonstration program and reduce by $6.0 million the budget request for
the Army account for special equipment for user testing.
The House bill contained no similar provision.
The Senate recedes.
The conferees agreed to authorize an increase of $4.0 million for
the munitions standardization, effectiveness and safety program (PE
65805A) from which a demonstration program utilizing commercially
available blast chamber technology may be conducted, and is described
elsewhere in this title.
TITLE III--OPERATION AND MAINTENANCE
Overview
The budget request for fiscal year 1998 contained an authorization
of $93,195.7 million for Operation and Maintenance in the Department of
Defense and $2,163.4 for Working Capital Fund Accounts in fiscal year
1998. The House bill would authorize $92,616.2 million for Operation and
Maintenance and $2,153.6 for Working Capital Fund Accounts. The Senate
amendment would authorize $93,292.9 million for Operation and
Maintenance and $1,488.1 for Working Capital Fund Accounts. The
conferees recommended an authorization of $93,794.2 million for
Operation and Maintenance and $2,031.9 for Working Capital Fund Accounts
for fiscal year 1998. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
Offset Folios 1243 to 1265 Insert here
ITEMS OF SPECIAL INTEREST
Arms control implementation
The budget request included $315.1 million for arms control
implementation programs in the military services and the Department of
Defense. This request is based on anticipated dates of implementation of
the various arms control treaties.
The House bill would authorize a decrease of $25.5 million, which
would result in an $11.2 million reduction to the On Site Inspection
Agency (OSIA) operations and maintenance account and a $14.3 million
reduction to the Defense Special Weapons Agency (DSWA) verification
demonstration technology program (PE 63711H). These reductions were due
to slippage in the entry into force of the Open Skies Treaty, the
Strategic Arms Reduction Treaty II, the Comprehensive Test Ban Treaty
(CTBT), and non-implementation of the Bilateral Destruction Agreement
(BDA).
The Senate amendment would authorize a decrease of $20.0 million,
which would result in a $10.0 million reduction to the OSIA operations
and maintenance account and a $10.0 million reduction to the DSWA
verification demonstration technology program.
The conferees agree to authorize a decrease of $25.5 million to the
budget request for arms control implementation for fiscal year 1998, as
follows: $11.2 million for the OSIA operations and maintenance account;
and $14.3 million for the DSWA verification technology demonstration
program (PE 63711H).
The conferees direct the Department of Defense to provide the
congressional defense committees with a program plan for the nuclear
control technology research program (PE 63711H) in support of the CTBT,
and include the estimated costs. The Department should also include in
the report its assessment of recommendations by the National Research
Council on research deemed to be necessary to meet nuclear test
monitoring goals, and how the nuclear arms control technology activity
meets congressionally mandated objectives. The conferees are willing to
provide adequate funding for programs that would enable the United
States to independently monitor and detect nuclear test activities
worldwide and fulfill its obligations under a comprehensive test ban, if
and when that treaty enters into force, and do not wish the funding
reduction to nuclear control technology activities (PE 63711H) to be
misconstrued.
National Defense Sealift Fund (NDSF)
The budget request included $812.9 million in the National Defense
Sealift Fund (NDSF) for sealift acquisition. Of this amount, $581.3
million would be for the procurement of two large medium speed
roll-on/roll-off (LMSR) strategic sealift ships, $131.5 million for
resolution of cost growth that has occurred on LMSRs authorized in prior
years, $70.0 million for advance procurement of components for an LMSR
that is planned for authorization in fiscal year 1999, and $30.1 million
for completion of ships authorized in prior years.
The House bill would authorize a decrease of $9.8 million.
The Senate amendment would authorize a decrease of $651.3 million
for procurement and for advance procurement of LMSRs. The Senate
amendment would also authorize a decrease of $25.0 million because of
contract savings in previously authorized and appropriated NDSF
programs. In addition, the Senate amendment would authorize an increase
of $1.0 million to provide support for a Department of Defense study of
future requirements and specifications for maritime prepositioning force
recapitalization.
The conferees agree to authorize $581.3 million for procurement of
two LMSRs, $70.0 for advance procurement, and $30.1 million for
completion of prior year ships. The conferees further agree to a
decrease of $131.5 million which includes a decrease of $131.0 million
for prior year cost growth, which the conferees believe can be deferred
until fiscal year 1999; and a decrease of $0.5 million as a result of
fiscal year 1997 contract savings.
National imagery and mapping agency
The budget request included $680.3 million in Operations and
Maintenance, Defensewide, for the Joint Military Intelligence Program
portion of the National Imagery and Mapping Agency (NIMA).
The House bill would authorize the following: (1) a reduction of
$30.0 million for production and customer support on the grounds that
migration to the Digital Processing System should have resulted in
significant reductions in operations and maintenance costs; (2) a
reduction of $10.0 million for mission support in anticipation of
significant cost reductions as a result of various mission and
organization consolidations; (3) a reduction of $15.0 million to
accelerate the downsizing of NIMA's personnel consistent with the
Digital Processing System phase-out; and (4) a reduction of $23.2
million for continued research and development efforts for an
interferometric synthetic aperture radar (IFSAR) mission on board the
Space Shuttle to collect Digital Terrain Elevation Data (DTED) level 2
information for mapping because of a belief that other, more
cost-effective, commercial alternatives to the IFSAR mission exist.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the following reductions, as
reflected in the Classified and Intelligence line within Operations and
Maintenance, Defensewide: $35.0 million in production; $11.0 million in
mission support; $15.0 million in management and customer support; and
$3.2 million for the Shuttle IFSAR mission, with the remaining funding
to be used to fund commercial alternatives to the shuttle DTED mapping
mission if the NIMA Director determines that such alternatives are cost-
and mission-effective, or to continue preparation for the shuttle
mission. The conferees also agree to authorize the budget request for
NIMA civilian personnel. The conferees direct the Director of NIMA to
submit the personnel plan specified in the House report (H. Rept. 105
132).
Travel re-engineering
The House report (H. Rept. 105 132), which raised concerns over the
compliance by the Department of Defense with section 356 of the National
Defense Authorization Act for Fiscal Year 1996, would direct the
Secretary of Defense to comply with the reporting requirement in that
section, and would prohibit the Department from processing a Request for
Proposal. The conferees are aware that the Secretary of Defense has now
complied with the reporting requirement, and note that the Request for
Proposal has been released.
The House report also expressed concern about the impact of any new
system on small and medium-sized travel agencies and the possible
restriction of fair competition in the travel industry. The challenge
facing the Department is to automate a largely unautomated and expensive
travel system. The conferees expect the Secretary of Defense to ensure
that this effort to automate the system will be interoperable with
existing commercial systems to ensure that small and medium-sized travel
agencies continue to have an equal opportunity to compete to provide
actual travel services, and will incorporate the best business practices
of the commercial travel industry. According to the schedule provided by
the Department of Defense, system testing in Region 6 will occur during
the second quarter of fiscal year 1998.
The conferees direct the Secretary of Defense to report to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, not later than May 1, 1998,
the lessons learned as a result of establishing the Defense Travel
System in Region 6. This report shall include, at a minimum: industry
response to the Request for Proposal; the performance measures that were
used to evaluate the system testing; the cost of the Region 6 program,
including infrastructure development, software development, hardware
acquisition, and administration; the quantitative and qualitative
benefits of the program; the plan for integrating the Defense Travel
System in other regions; any differences between the Region 6 contract
and those anticipated for subsequent expansion to other regions; and the
evaluation plan for full implementation.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Fisher House trust funds (sec. 304)
The House bill contained a provision (sec. 1006) that would provide
permanent authorization for the expenditure of funds from the Fisher
House trust fund.
The Senate amendment contained a provision (sec. 305) that would
authorize $150,000 to be appropriated from the Fisher House Trust Fund,
Department of the Army, and $150,000 to be appropriated from the Fisher
House Trust Fund, Department of the Navy. No funds were authorized to be
appropriated from the Fisher House Trust Fund, Department of the Air
Force.
The House recedes with an amendment that would increase the amount
authorized to be appropriated from the Army Fisher House Trust Fund to
$250,000.
Refurbishment of M1A1 tanks (sec. 306)
The House bill contained a provision (sec. 306) that would authorize
$35.0 million for the refurbishment of M1A1 tanks at the Anniston Army
Depot under the Department of the Army's Abrams Integrated Management
XXI (AIM XXI) program if the Secretary of Defense determines that the
program is cost effective.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would not require this
work to be performed at the Anniston Army Depot.
Operation of prepositioned fleet, National Training Center,
Fort Irwin, California (sec. 307)
The House bill contained a provision (sec. 313) that would provide
funding associated with the operation of the preposition fleet of
equipment used by Army units during training rotations at the National
Training Center (NTC).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees are concerned with the Department of the Army's
decision to change the way unit rotations to the NTC are funded.
Currently, the Army provides funding to the National Training Center
from a central account to defray the costs associated with units' use of
pre-positioned equipment at the NTC. Under a new Army proposal, starting
in fiscal year 1998, units scheduled to go to the NTC would have to pay
for the use of the pre-positioned equipment out of the funds provided
for home station training. The conferees believe that this would have a
detrimental impact upon unit readiness as home station training, and
thus total training, was reduced.
Refurbishment and installation of air search radar (sec. 308)
The House bill contained a provision (sec. 305) that would authorize
$6.0 million for the refurbishment and installation of the AN/SPS 48E
air search radar for the Ship Self-Defense Systems at the Integrated
Ship Defense Systems Engineering Center, Walllops Island, Virginia.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make the provision
permissive.
Contracted training flight services (sec. 309)
The Senate amendment contained a provision (sec. 371) that would
authorize $12.0 million for contracted training flight services.
The House bill contained no similar provision.
The House recedes.
Procurement technical assistance programs (sec. 310)
The House bill contained a provision (sec. 307) that would authorize
$15.0 million for a consolidated Procurement Technical Assistance Center
(PTAC) and the Electronic Commerce Resource Center (ECRC) programs.
The Senate amendment contained a provision (sec. 821) that would
authorize $12.0 million for the PTAC program.
The House recedes.
Operation of Fort Chaffee, Arkansas (sec. 311)
The Senate amendment contained a provision (sec. 306) that would
authorize $6.854 million for the operation of Fort Chaffee, Arkansas.
The House bill contained no similar provision.
The House recedes.
SUBTITLE B--MILITARY READINESS ISSUES
Monthly reports on allocation of funds within operation and
maintenance budget subactivities (sec. 321)
The House bill contained a provision (sec. 312) that would require
the Secretary of Defense to notify and receive approval from the
congressional defense committees prior to the reallocation of operation
and maintenance funds above a certain threshold.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Department of Defense to provide a monthly report to Congress outlining
the reallocation of funds within the operation and maintenance accounts
and the effect of this reallocation on the ability of the Department to
perform the functions for which the funds were originally appropriated.
Expansion of scope of quarterly readiness reports (sec. 322)
The House bill contained a provision (sec. 311) that would expand
the Quarterly Readiness Report required by section 361 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104 106) to
include data and analysis on additional readiness indicators, which
would provide a more comprehensive readiness assessment.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include additional
factors to be included in these reports such as personnel skills and
pre-positioned equipment.
Semiannual reports on transfers from high-priority readiness
appropriations (sec. 323)
The House bill contained a provision (sec. 315) that would extend
through November 1, 2000, the requirement for the Secretary of Defense
to report semi-annually on transfers from high-priority readiness
accounts, in compliance with section 362 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106). This
provision would also expand the number of readiness accounts to be
considered in the report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make it a semiannual
report.
Annual report on aircraft inventory (sec. 324)
The Senate amendment contained a provision (sec. 1037) that would
require the Undersecretary of Defense (Comptroller) to submit with the
budget request an annual report to the Congress on the aircraft in the
inventory of the Department of Defense. The provision would also require
the modification of budget data exhibits to display total numbers of
aircraft where numbers of primary aircraft or primary authorized
aircraft are displayed in exhibits.
The House bill contained no similar provision.
The House recedes.
Administrative actions adversely affecting military training
or other readiness activities (sec. 325)
The Senate amendment contained a provision (sec. 363) that would
require the Secretary of Defense to provide the President, the Committee
on Armed Services of the Senate, the National Security Committee of the
House of Representatives, and the head of any relevant Federal agency
with written notification of any Federal administrative action that has
or would have a significant adverse effect on the military readiness of
any of the armed forces or a critical component of the armed forces,
such as a Marine battalion preparing for deployment as part of a Marine
Expeditionary Unit, or Special Operations Forces dedicated to a specific
mission. Notification would be provided as soon as the Secretary becomes
aware of an adverse administrative action or proposed administrative
action. The notification would delay the implementation of the action
for a period of 30 days unless the Secretary determines that the
compliance with the proposed action is in the best interest of the
American public, or the President directs the Secretary to comply based
on a determination that the implementation of the action is more
important than the effects on military readiness.
The House bill contained no similar provision.
The House recedes.
Common measurement of operations and personnel tempo (sec. 326)
The Senate amendment contained a provision (sec. 1032) that would
require the Chairman of the Joint Chiefs of Staff to develop, to the
maximum extent practicable, a common measurement of operations tempo
(OPTEMPO) and personnel tempo (PERSTEMPO).
The House bill contained no similar provision.
The House recedes.
Inclusion of Air Force depot maintenance as operation and
maintenance budget activity group (sec. 327)
The House bill contained a provision (sec. 373) that would require
the Secretary of the Air Force, beginning in fiscal year 1999, to
identify funding for depot maintenance in a discreet subactivity
group.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Prohibition of implementation of tiered readiness system (sec. 328)
The House bill contained a provision (sec. 314) that would prohibit
the implementation of any tiered readiness system which would change
military service-specific methods of determining priorities for
allocating funding, personnel, equipment, equipment maintenance, and
training resources to military units, and the associated level of
readiness of those units that result from those priorities, from the
system that existed on October 1, 1996, until the Secretary of Defense
provides Congress with a report recommending a new tiered readiness
system along with legislative proposals and these proposals are enacted
by the Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit the
implementation of a new tiered or cyclical readiness system based on the
results of the reviews as required by section 329 and section 330 of
this Act, or any other review. The amendment would clarify that the
prohibition does not preclude the Secretary of Defense from taking
necessary action to maintain the combat preparedness of the active and
reserve components of the United States Armed Forces.
The conferees note that this provision does not block the ability of
the Department of Defense to routinely adjust the manner in which it
manages force readiness, particularly as it pertains to maintaining
necessary combat capabilities. Rather, the provision precludes the
adoption of a new tiered or cyclical readiness system, as outlined in
section 329 and section 330 of this Act, pending subsequent
congressional review and concurrence given the significant policy issues
associated with such proposals. Accordingly, the provision allows for
the Secretary of Defense, following the completion of the reviews
required by sections 329 and 330 of this Act, or any other review the
Secretary may deem appropriate, to submit, for Congressional
consideration, a request for relief from this prohibition.
Report on military readiness requirements of the Armed Forces (sec. 329)
The Senate amendment contained a provision (sec. 1034) that would
direct the Department to further explore the potential for tiered
readiness. This provision would require the Chairman and the service
chiefs, together with the Commander in Chief of the Special Operations
Command and the commanders of the other unified commands, to prepare a
second report that would examine the extent to which the readiness of
the armed forces could be tiered. Rather than looking at a generic major
regional conflict, this report would require an examination of the
tiered readiness concept within the force structure advocated by the
Quadrennial Defense Review, including the armed forces required to deter
or defeat a strategic attack upon the United States. The report would
include a rotational examination of the tiering of the armed forces that
would focus on the brigade and battalion levels of the Army and Marine
Corps Divisions, the squadron levels of the Air Force, Navy and Marine
Corps Wings, and the Navy Fleets.
The House bill contained no similar provision.
The House recedes.
Assessment of cyclical readiness posture of the Armed Forces (sec. 330)
The Senate amendment contained a provision (sec. 1035) that would
require the Secretary of Defense to report on the impact of moving to a
cyclical readiness approach for major warfighting units. Under this
approach, a high state of readiness alternates from one unit to another,
as is already done with the blue and gold crews on ballistic missile
submarines. The report should identify the savings and risks associated
with cyclical readiness.
The House bill contained no similar provision.
The House recedes.
Report on military exercises conducted under certain training
exercise programs (sec. 331)
The House bill contained a provision (sec. 316) that would require
the Secretary of Defense to report by January 15, 1998, on both past and
planned joint training exercises sponsored by the Chairman, Joint Chiefs
of Staff (CJCS) Exercise Program and the Partnership for Peace (PFP)
program. The report would include the type, description, duration,
objectives, the percentage of service-unique training accomplished, and
an assessment of the training value of each CJCS and PFP exercise.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include exercises
funded through the Cooperative Threat Reduction Program. The conference
agreement would also require the report to include an assessment of the
value provided through enhanced military to military relationships
between the participating nations, and the extent to which the training
exercises enhanced the readiness capabilities of all forces involved in
the exercise.
Report on overseas deployment (sec. 332)
The Senate amendment contained a provision (sec. 1033) that would
require the Department of Defense to report on the number of personnel
deployed overseas as of June 30, 1996 and June 30, 1997. The report
would distinguish between personnel who are forward deployed as their
permanent duty station and those deployed overseas for temporary duty,
such as service-specific exercises, joint exercises, exercises with
allies, and deployments for contingency operations.
The House bill contained no similar provision.
The House recedes.
SUBTITLE C--ENVIRONMENTAL PROVISIONS
Revision of membership terms for Strategic Environmental
Research and Development Program Scientific Advisory Board (sec. 341)
The House bill contained a provision (sec. 341) that would amend
section 2904(b)(4) of title 10, United States Code, to provide that
appointments to the Strategic Environmental Research and Development
Program (SERDP) Scientific Advisory Board be for not less than two years
and not more than four years. The Department of Defense recommended this
provision to give the SERDP director the flexibility to fill unexpected
vacancies on the Board.
The Senate amendment contained a similar provision.
The Senate recedes.
Amendment to authority to enter into agreements with other
agencies in support of environmental technology certification (sec. 342)
The House bill contained a provision (sec. 342) that would expand
the authority of the Secretary of Defense under section 327 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201). Section 327 authorizes the Secretary to initiate a program to
provide for cooperative agreements with state and local governmental
agencies in support of multi-state and regional certification of
environmental cleanup technologies. The House provision would
specifically authorize the Secretary to enter into agreements with
Indian tribes and would broaden the range of technologies subject to
evaluation for certification.
The Senate amendment contained a provision (sec. 335) that would
require the Department to prepare guidelines for cost-sharing related to
the cooperative agreements authorized under section 327.
The Senate recedes with an amendment that would expand the scope of
the program as proposed in the House bill, but require the Department of
Defense to prepare guidelines and meet expanded reporting requirements.
The new authority would become effective 30 days after the date of
submission of the guidelines required by the provision.
Modifications of authority to store and dispose of
non-defense toxic and hazardous materials (sec. 343)
The House bill contained a provision (sec. 344) that would amend
section 2692 of title 10, United States Code, to clarify exemptions from
the prohibition against Department of Defense (DOD) storage or disposal
of toxic or hazardous material that is not owned by the Department. The
administration recommended this provision to ensure that the Department
has appropriate authority to control munitions stored or disposed of in
connection with the following DOD activities: (1) storage of explosive
and hazardous materials in conjunction with space launch programs; (2)
storage of member personal property, such as guns, ammunition, and
related material, when such storage is in the interest of public safety;
(3) storage of allied/foreign munitions during joint testing, exercises
or coalition warfare; (4) storage of explosives and hazardous materials
in support of other U.S. Government agencies, to include State and local
law enforcement agencies; (5) storage of contractor owned explosive
materials when performing a service for the benefit of the U.S.
Government; and (6) storage of commercial explosives on DOD
installations participating in full or partial privatization.
The Senate amendment contained a similar provision (sec. 331).
The Senate recedes with a clarifying amendment.
Annual report on payments and activities in response to fines
and penalties assessed under environmental laws (sec. 344)
The Senate amendment contained a provision (sec. 332) that would
require an annual report of fines and penalties assessed against the
Department of Defense (DOD) under Federal, State, or local environmental
laws.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Annual report on environmental activities of the Department
of Defense overseas (sec. 345)
The Senate amendment contained a provision (sec. 333) that would
require the Department of Defense (DOD) to report annually on overseas
environmental restoration, compliance, and other international
environmental activities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees hold a strong interest in ensuring appropriate
oversight of funds used in support of the Department's overseas
environmental policy.
Review of existing environmental consequences of the presence
of the United States Armed Forces in Bermuda (sec. 346)
The Senate amendment contained a provision (sec. 1091) that would
require the Secretary of Defense, not later than 120 days after the date
of enactment of this Act, to submit a report to the congressional
defense committees that describes the remaining environmental effects of
the presence of the United States Armed Forces in Bermuda.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on deployment of United States Armed Forces
abroad for environmental preservation activities (sec. 347)
The House bill contained a provision (sec. 1062) that would express
the sense of Congress that the United States Armed Forces should not be
deployed outside the United States to provide assistance to another
nation in connection with environmental preservation activities within
that nation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Recovery and sharing of costs of environmental restoration at
Department of Defense sites (sec. 348)
In relation to Department of Defense cost-sharing policies and
practices at cleanup sites, the Senate amendment contained a provision
(sec. 337) that would direct the Secretary of Defense to: (1) provide
guidance to the military departments and the Defense Logistics Agency
(DLA) that resolves current inconsistencies in recovering cleanup costs
from potentially responsible third parties; (2) require the military
departments and DLA to aggressively pursue future cost reimbursement and
recovery actions; (3) require the military departments and the DLA to
identify contractors or other private third parties involved in
contamination at Department of Defense (DOD) sites; (4) require the
military departments and DLA to obtain all relevant data regarding
contractors or other responsible parties identified contributing to site
contamination, regardless of wrongdoing; (5) require the military
departments and DLA to gather and maintain the most timely and accurate
cost data available from the departments' and other agencies' records;
(6) require the military departments and DLA to provide consistent
estimates, including all cleanup costs for DOD environmental reports to
Congress, regardless of the source of funds; and (7) require the
military departments to offset environmental restoration budget
requirements with amounts recovered from liable third parties or
contractors.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that there have been a series of General
Accounting Office (GAO) reports on DOD environmental cleanup which
indicate that the Department has incurred a significant amount of
cleanup expenses in instances in which a third party may have
contributed to the contamination of government property. The GAO has
reported that the DOD lacks uniform guidance regarding the policies and
practices for recovery of such costs. The conferees have concluded that
inconsistent policies have contributed to a lack of focus and minimal
cost-recovery or cost-sharing at third party sites, particularly at
government-owned/contractor-operated facilities.
Partnerships for investment in innovative environmental
technologies (sec. 349)
The House bill contained a provision (sec. 346) that would support
the administration's proposal to authorize the Secretary of Defense to
enter into partnerships with private sector entities in order to
demonstrate and validate innovative environmental technologies. All
partnership relationships would be contingent upon a determination that
there is a clear potential for the technology to be of significant value
to Department of Defense environmental activities. The authority would
be subject to expiration three years after the enactment of this Act and
the Secretary of Defense would have to provide annual reports to
Congress on the use of this authority.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1) require the use
of competitive procedures for the selection of any private sector
participants in a partnership; (2) require that parties other than the
Department of Defense provide at least 50 percent of the funding in any
partnership (not including in-kind contributions or pre-existing
investments); (3) permit partnerships only in the case of technologies
that the Secretary determines would not be developed without the
commitment of Department of Defense funds and are likely to be of
significant value to the Department at a substantial number of clean-up
sites; and (4) require the Secretary to develop appropriate regulations
to ensure that all Department of Defense funds committed to a
partnership are expended to develop the technologies authorized in the
partnership agreement.
In addition, the amendment would require the Secretary of Defense,
before entering into any partnership, to evaluate: (1) the potential for
the technology to be used by the Department for environmental
remediation; (2) the technical feasibility and maturity of the
technology being considered; (3) the adequacy of financial and
management plans; (4) a cost and benefit analysis of the proposed
technologies; (5) the potential for transfer or commercialization of the
technology; and (6) the proposed cost-sharing arrangement.
Procurement of recycled copier paper (sec. 350)
The Senate amendment contained a provision (sec. 340) that would
codify and extend the Executive Order 12873 requirements for Federal
agencies to increase the use of recycled-content paper products, as
specifically applied to the Department of Defense (DOD). The provision
would specifically require the Department to use recycled-content copier
paper, as follows: 20 percent, January 1, 1998; 30 percent, January 1,
1999; and 50 percent, January 1, 2004, but if DOD is unable to meet the
2004 deadline the Secretary of Defense must certify that fact to
Congress one year prior, which would vitiate the deadline. The
Department would not be required to meet any of these deadlines if the
cost differential between recycled-content paper and virgin paper
exceeds seven percent.
The House bill contained no similar provision.
The House recedes with an amendment that would replace the seven
percent cost differential with a requirement that the relevant
departmental secretary make a finding that there is a ``significant''
price difference between recycled-content and virgin copier paper.
Pilot program for the sale of air pollution emission
reduction incentives (sec. 351)
The Senate amendment contained a provision (sec. 338) that would
support the administration's proposal to give the military departments
the authority to sell emission reduction credits, also known as
incentives. The provision directs the Secretary of Defense to promulgate
regulations that would provide for the retention of the proceeds at the
facility that developed the credits for sale. The provision would also
allow for use of proceeds from the sale of emission reduction credits to
pay for fees and other charges associated with identifying, quantifying,
or valuing the credits.
Subsequent to the development of credits, less than $500,000
may be retained Defense-wide.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees view the retention and use of proceeds at the facility
level as a key element of this provision. In addition, the costs
associated with identifying, quantifying, or valuing a facility's
emission reduction credits should not be subject to the $500,000 cap on
proceeds retention. Finally, the conferees expect that this new
authority would be utilized at active facilities within the Department
of Defense.
SUBTITLE D--DEPOT-LEVEL ACTIVITIES
The House bill contained six provisions (secs. 331 336) that would
govern the activities of the Department of Defense (DOD) in relation to
the maintenance and repair of military equipment. The Senate amendment
contained two similar provisions, and seven additional provisions not
contained in the House bill.
The conference agreement includes thirteen provisions concerning
depot maintenance policy. The conferees believe these provisions will
provide the Department with additional flexibility to utilize the most
efficient source of maintenance and repair services that are consistent
with the national security requirements of the United States.
Definition of depot-level maintenance and repair (sec. 355)
The House bill contained a provision (sec. 333(a)) that would
establish a statutory definition of depot-level maintenance and repair,
based on the definition contained in current DOD regulations. This
provision would require the inclusion of all depot-level maintenance and
repair, including maintenance performed under other names such as
interim contractor support (ICS) and contractor logistics support (CLS),
for purposes of calculating the amount of depot maintenance performed by
public and private sector activities, as required by section 2466 of
title 10, United States Code, and other applicable sections.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would codify a definition
of depot maintenance that is similar to the definition contained in the
House bill, except that it would not include the procurement of a major
weapon system modification or upgrade designed to improve program
performance, the nuclear refueling of an aircraft carrier, or the
procurement of parts for a safety modification.
Core logistics capabilities of Department of Defense (sec. 356)
The House bill contained a provision (sec. 334) that would amend
section 2464 of title 10, United States Code, to make it clear that it
is essential for national defense that the Department of Defense (DOD)
maintain a core logistics capability that is government-owned and
government-operated. The provision would require the Secretary of
Defense to identify those logistics activities necessary to maintain a
core logistics capability that would include the capability, facilities,
and equipment to maintain and repair those weapons systems necessary to
meet the requirements of the National Military Strategy.
The provision would require that, within four years of initial
operational capability, DOD develop the capability to repair new weapons
systems purchased by the Department that are identified as requiring a
core logistics capability at government-owned and government-operated
facilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to identify those logistics capabilities that are
necessary to maintain and repair the weapon systems and other military
equipment that are required to enable the armed forces to fulfill the
strategic and contingency plans prepared by the Chairman of the Joint
Chiefs of Staff. The provision would require the performance of core
logistics workloads necessary to maintain this capability within public
depot activities.
The provision does not require that maintenance for all weapon
systems necessary for the execution of DOD strategic and contingency
plans be performed at public facilities. Rather, it requires that the
capability to perform maintenance and repair on these systems be
retained in the public depot activities and that these activities be
assigned sufficient workload to ensure that they are operated as cost
efficiently as possible while preserving sufficient surge capacity to
support the strategic and contingency plans of the U.S. Armed Forces.
The conferees recognize that an efficient operation that preserves this
surge capability does not require more than a single work shift at the
depots during peacetime.
The conference agreement creates specific exemptions from the core
capability requirements, including an exemption for commercial systems
purchased by DOD where these purchases do not constitute a majority of
the sales of that item. The provision would also make conforming changes
to existing sections of law.
Increase in percentage of depot-level maintenance and repair
that may be contracted for performance by non-government personnel (sec.
357)
The Senate amendment contained a provision (sec. 311) that would
allow the Department of Defense to utilize private entities to perform
greater amounts of depot maintenance on military equipment. The
provision would allow each of the military departments to spend up to 50
percent of their depot maintenance funds on contracts for maintenance at
locations other than public depots. The remaining fifty percent of
funding would have to be expended for maintenance at public depot
activities; whether performed by government or non-governmental
personnel. This authority would become effective on October 1, 1998.
The House bill had no similar provision.
The House recedes with an amendment that would allow the military
departments to increase from 40 percent to 50 percent the share of
depot level maintenance performed by the private sector. These
percentages would continue to be calculated based on whether the
maintenance is performed by public or private sector personnel.
Annual report on depot-level maintenance and repair (sec. 358)
The Senate amendment contained a provision (sec. 314) that would
require the Secretary of Defense to provide an annual report to the
Congress detailing the percentage of depot maintenance funds used during
the preceding fiscal year for performance of depot-level maintenance and
repair workloads at public and private facilities. The provision would
also require that the Comptroller General of the United States provide
the Congress with his views on whether the Department of Defense has
complied with the requirements of section 2466 of title 10, United
States Code.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Requirement for use of competitive procedures in contracting
for performance of depot-level maintenance and repair workloads formerly
performed at closed or realigned military installations (sec. 359)
The House bill contained a provision (sec. 333(b)) that would
restrict the Secretary of Defense, or the secretary of a military
department, from entering into a contract for the performance of
depot-level maintenance and repair at any facility that was approved in
1995 for closure under the Defense Base Closure and Realignment Act
(BRAC), unless the following requirements are met:
(1) The secretary concerned would certify to the Congress that all
of the other maintenance and repair facilities of that department are at
80 percent capacity, as defined by the BRAC Commission in 1995;
(2) The secretary concerned would certify to the Congress that the
total cost of the proposed contract would be less than if the
depot-level maintenance or repair were accomplished in facilities owned
and operated by the Department of Defense;
(3) All of the data used to determine the total costs would be
available for examination; and
(4) None of the depot-level maintenance and repair work proposed
under the contract was considered to be a core logistics capability of
the military department concerned prior to July 1, 1995.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would replace the
restrictions on privatizing-in-place the workloads at the closing public
depot activities with a requirement to conduct fair and open
competitions for these workloads. The requirement would only apply to
those workloads that are proposed to be competed for outsourcing after
enactment of the National Defense Authorization Act for Fiscal Year
1998. The requirement does not apply to those workloads that may not be
outsourced because they are necessary to retain a core depot maintenance
capability in public depot activities, workloads that were outsourced
before the enactment of the National Defense Authorization Act for
Fiscal Year 1998, or workloads that would be consolidated within another
public depot activity.
The provision outlines a number of requirements that the Department
of Defense must satisfy in the conduct of these competitions. The
conferees understand that these are only a few of the issues that the
Department will have to address in the solicitation for, and
consideration of, bids.
(1) The source selection process must permit both public and private
offerors to submit bids.
(2) The source selection process must take into account the fair
market value of any land, plant, or equipment at a closed or realigned
military installation that is proposed to be used by the private offeror
in the performance of the workload.
(3) The source selection process must take into account the total
direct and indirect costs that will be incurred by the Department of
Defense and the total direct and indirect savings that will be derived
by the Department of Defense. Such savings would include any overhead
savings (e.g., reduced administrative costs, more efficient utilization
of facilities) that would result from the consolidation of workloads to
the remaining public depot activities.
(4) The cost standards used to determine the depreciation of
facilities and equipment shall provide, to the maximum extent
practicable, identical treatment for all public and private offerors.
The conferees expect that this will include, at a minimum, identical
depreciation periods for plant and equipment at public and private
facilities.
(5) Any offeror, whether public or private, must be permitted to
team with any other public or private entity to perform the workload at
any location or locations of their choosing. The provision specifically
states that no offeror may be given any preferential consideration for,
or in any way be limited to, performing the workload at the closed or
realigned facility or at any other specific location. The conferees
expect full and open competitions for these workloads and expect that
private sector bidders would submit proposals to perform these workloads
at locations other than the closed or realigned installations. The
Department would be expected to consider real differences among bidders
in cost or capability to perform the work based on factors that would
include the proposed location or locations of the workloads. The
consideration of such differences does not constitute ``preferential
treatment.''
(6) The provision would authorize the bundling of unrelated
workloads into one contract only if the Secretary of Defense determines
in writing that individual workloads cannot be performed separately by
qualified bidders as logically and economically as the combined
workloads can be performed by a single entity. The conferees are
concerned that the bundling of these workloads could disadvantage
bidders that are fully qualified to perform one or more of the
individual workloads but cannot adequately perform all of the workloads
combined. This would allow more offerors to participate in the
competition and might yield increased savings to the taxpayer.
(7) Before a request for proposal for these workloads can be issued,
the Secretary of Defense must provide the Congress with a detailed
directive or plan describing the procedures DOD would use to conduct
these competitions. The conferees expect that the Secretary's report
will explain any differences between the evaluation criteria or other
procedures that will be used for these upcoming competitions and those
that were used in the recent competition for the C 5 aircraft
maintenance workload. The report should also describe any special
requirements or criteria for these competitions, whether required by
this provision or by the Department of Defense, that the Department does
not anticipate applying to future public-private competitions that do
not involve closed or realigned facilities.
The provision would also require that the Comptroller General review
the solicitations and competitions conducted pursuant to this authority
and determine if the Department has complied with the requirements of
this provision. The conferees note that section 716 of title 13, United
States Code, gives the Comptroller General access to the information
necessary to make his determination. This section requires each agency
to provide the Comptroller General with all necessary information. The
Comptroller General is required to maintain the same level of
confidentiality for a record made available under this section, as is
required of the head of the releasing agency. On the basis of this
section, agencies have historically provided the General Accounting
Office with information on the conduct of a procurement, regardless of
whether a contract has yet been awarded. The conferees expect the Air
Force to provide similar access in the case of public-private
competitions covered by this section.
The conferees are concerned that access to information was not
provided to the Comptroller General during the recent competition for
the C 5 workload. The refusal on the part of the Source Selection
Authority and General Counsel of the Air Force to provide such
information is inexplicable given the authority in title 13 cited above.
The conferees note that the legislation restricting access to source
selection material specifically states that ``[N]othing in this section
shall be construed to authorize the withholding of any information from
the Congress, any committee or subcommittee thereof, a Federal agency,
any board of contract appeals of a Federal agency, the Comptroller
General, or an Inspector General of a Federal agency'' (41 U.S.C. 423).
The new provision would also provide a mechanism for the public
depots (or any other offeror) to appeal directly to the Secretary of
Defense, or his designee, if they believe the competition was conducted
unfairly. The Secretary could not designate the source selection
authority or an official within the same military department to perform
this responsibility. The conferees expect that the procedures
established by the Secretary will clarify that the Secretary need not
consider on the merits any protest that has already
been decided on the merits by the General Accounting Office.
Finally, the provision would require the Secretary to report to the
Congress on the proposed allocation of workloads currently performed at
Kelly and McClellan Air Force Bases. Although the report must include a
capacity utilization analysis based on the maximum potential capacity
certified for the 1995 Base Realignment and Closure Commission, the
conferees note that nothing precludes the Secretary from including
additional analysis that would utilize any alternative baseline believed
to be appropriate.
Clarification of prohibition on management of depot employees
by constraints on personnel levels (sec. 360)
The Senate amendment contained a provision (sec. 313) that would
prohibit the management of personnel who are involved in depot
maintenance on the basis of any constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or maximum number
of employees.
The House bill contained no similar provision.
The House recedes.
The conferees believe personnel assigned to perform depot
maintenance should be managed by the amount of workload required to be
performed and the amount of funds provided for its performance.
Centers of industrial and technical excellence (sec. 361)
The House bill contained a provision (sec. 335) that would direct
the Secretary of Defense to establish Centers of Industrial and
Technical Excellence at existing Department of Defense (DOD) maintenance
and repair depots to encourage the reengineering of industrial
processes, the adoption of best business practices, and to enable
public-private partnerships for the performance of depot-level
maintenance and repair.
The Senate amendment contained a similar provision (sec. 312).
The House recedes with an amendment that would apply the provisions
of section 2667(d) of title 10, United States Code, and allow lease
proceeds and other receipts from these partnerships to be credited to
the account that incurred the costs. That credit would permit the
centers to be reimbursed for expenses related to these partnerships. The
conferees direct the Secretary of Defense to annually report to the
congressional defense committees on the revenues received pursuant to
this authority.
Extension of authority for aviation depots and naval
shipyards to engage in defense related production and services (sec.
362)
The House bill contained a provision (sec. 331) that would extend
through fiscal year 1999 the authority provided by section 1425 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101--510) for naval shipyards and aviation depots of all the military
departments to bid on defense-related production and services.
The Senate amendment contained a similar provision (sec. 318) that
would extend this authority through fiscal year 1998.
The Senate recedes.
Repeal of conditional repeal of certain depot-level
maintenance and repair laws and a related reporting requirement (sec.
363)
The Senate amendment contained a provision (sec. 317) that would
repeal section 311 of the National Defense Authorization Act for Fiscal
Year 1996, which would have repealed sections 2466 and 2469 of title 10,
United States Code, contingent upon the submission of a new policy by
Department of Defense (DOD) to replace those statutes. Section 311 would
be irrelevant because the DOD failed to submit an acceptable plan.
The House bill contained no similar provision.
The House recedes.
Personnel reductions, Army depots participating in Army
Workload and Performance System (sec. 364)
The House bill contained a provision (sec. 336) that would prohibit
any reduction in force of any civilian employees at the five Army
maintenance depots participating in the demonstration and testing of the
Army Workload and Performance System (AWPS), until the Secretary of the
Army certifies to the Congress that the AWPS is fully operational and
the manpower audits being performed by the General Accounting Office,
the Army Audit Agency, and the Army Inspector General have been
completed.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would prohibit
the initiation of any reduction in force of any civilian employees at
the five Army maintenance depots participating in the demonstration and
testing of AWPS, until a report is provided by the Secretary of the Army
certifies to the Congress that the AWPS is fully operational. This
prohibition does not apply to any reductions in force necessary to
implement the BRAC 1995 decisions at Letterkenny and Red River Army
Depots. The conferees believe that because this personnel system is used
to determine the number of employees that are necessary to perform the
work at the depots, it should be operational before a determination is
made regarding additional reductions in force. The conferees do not view
this provision as a precedent for prohibiting reductions in force at
Department of Defense installations.
Report on allocation of core logistics activities among
Department of Defense facilities and private sector facilities (sec.
365)
The Senate amendment contained a provision (sec. 315) that would
require the Department of Defense to evaluate and report to the Congress
on an alternative set of criteria for distinguishing core from non-core
maintenance.
The House bill contained no similar provision.
The House recedes.
Review of use of temporary duty assignments for ship repair
and maintenance (sec. 366)
The Senate amendment contained a provision (sec. 316) that would
require the General Accounting Office to review the Navy's policies for
using Temporary Duty shipyard workers to perform ship maintenance work
at home ports.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding realignment of performance of
ground communication-electronic workload (sec. 367)
The Senate amendment contained a provision (sec. 319) that would
express the Sense of the Congress that the transfer of the ground
communication-electronic workload to Tobyhanna Army Depot, Pennsylvania,
should be carried out in adherence to the schedule prescribed for that
transfer by the Defense Depot Maintenance Council on March 13, 1997.
The House bill contained no similar provision.
The House recedes.
SUBTITLE E--COMMISSARIES AND NONAPPROPRIATED FUND
Reorganization of laws regarding commissaries and exchanges
and other morale, welfare, and recreation activities (sec. 371)
The House bill contained a provision (sec. 361) that would
reorganize chapter 147 of title 10, United States Code, so that the
chapter deals exclusively with provisions of law relating to
commissaries, exchanges, and other morale, welfare and recreation
activities.
The Senate amendment contained no similar provision.
The Senate recedes.
Merchandise and pricing requirements for commissary stores (sec. 372)
The House bill contained a provision (sec. 362) that would amend
section 2486 of title 10, United States Code, to restrict the categories
of merchandise that may be sold in commissaries; require that no change
in the current commissary surcharge could occur without a prior
authorization in law; and provide that the Secretary of Defense may not
make any change in pricing policies without advance notice to Congress
and a waiting period of 90 legislative days.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require that any
proposed change to the authorized product list be submitted annually and
would establish, in law, that the amount of the surcharge would be five
percent of the sale price of merchandise sold.
Limitation on noncompetitive procurement of brand-name
commercial items for resale in commissary stores (sec. 373)
The House bill contained a provision (sec. 363) that would amend
section 2486(e) of title 10, United States Code, to make more rigorous
the standard for determining brand name commercial items that may be
sold by commissaries.
The Senate amendment contained no similar provision.
The Senate recedes.
Treatment of revenues derived from commissary store
activities (sec. 374)
The House bill contained a provision (sec. 366) that would provide
that amounts received by the Defense Commissary Agency (DECA) from
certain sources be deposited in the surcharge account.
The Senate amendment contained a similar provision (sec. 351).
The House recedes with an amendment that would not permit earnings
from the sale of tobacco products to be deposited in the surcharge
account.
Maintenance, repair, and renovation of Armed Forces
Recreation Center, Europe (sec. 375)
The conferees agree to a provision that would clarify the authority
of the Secretary of Defense to use appropriated funds to maintain,
repair, and renovate real property at the Armed Forces Recreation
Center, Europe.
Plan for use of public and private partnerships to benefit
morale, welfare and recreation activities (sec. 376)
The House bill contained a provision (sec. 365) that would permit
the Secretary of Defense to authorize nonappropriated fund
instrumentalities to enter into leases, licensing agreements, concession
agreements, and other contracts with private persons and state or local
governments involving real and personal property under the control of
such nonappropriated fund instrumentalities in order to facilitate the
provision of facilities, goods, or services to authorized patrons.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop a comprehensive plan defining the
purpose and goals, and describing how the Department would implement and
administer leases, licensing agreements, concession agreements, and
other contracts with private persons and state or local governments
involving real and personal property under the control of such
nonappropriated fund instrumentalities in order to facilitate the
provision of facilities, goods, or services to authorized patrons, and
submit the plan to the Congress.
INSTRUMENTALITIES
SUBTITLE F--OTHER MATTERS
Assistance to local educational agencies that benefit
dependents of members of the armed forces and Department of Defense
civilian employees (sec. 381)
The House bill contained a provision (sec. 371) that would authorize
$35.0 million for educational assistance to local education agencies
where the standard for the minimum level of education within the state
could not be maintained because of the large number of military
connected students or the effects of base realignments and closures.
The Senate amendment contained no similar provision.
The Senate recedes.
Center for Excellence in Disaster Management and Humanitarian
Assistance (sec. 382)
The Senate amendment contained a provision (sec. 362) that would
authorize the Secretary of Defense to operate a Center for Excellence in
Disaster Management and Humanitarian Assistance at Tripler Army Medical
Center to address the military's role in a wide range of disaster
initiatives throughout Southeast Asia and the Pacific Basin region.
The House bill contained no similar provision.
The House recedes with an amendment that would not require the
location of this center to be at the Tripler Army Medical Center.
Applicability of Federal printing requirements to Defense
Automated Printing Service (sec. 383)
The House bill contained a provision (sec. 377) that would clarify
that the Defense Automated Printing Service (DAPS) shall comply with
chapter 5 of title 44, United States Code, regarding printing services.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Study and notification requirements for conversion of
commercial and industrial type functions to contractor performance (sec.
384)
The House bill contained a provision (sec. 1412) that would amend
current law dealing with congressional notification of any decision to
study a commercial function of the Department of Defense for possible
outsourcing to the private sector, and any decision to ultimately
outsource such a function.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend current law to
expand congressional notifications and to include a timetable for
conversion to contractor performance.
Collection and retention of cost information data on
contracted out services and functions (sec. 385)
The House bill contained a provision (sec. 1413) that would require
the Secretary of Defense to collect and permanently retain, cost
information data regarding performance of the service or function by
private contractor employees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the time that
the data would have to be retained to ten years.
Financial assistance to support additional duties assigned to
Army National Guard (sec. 386)
The Senate amendment contained a provision (sec. 364) that would
authorize the Secretary of the Army to contribute funds to the Army
National Guard in order to pay for the costs of those services carried
out by the Guard in the performance of maintenance and other
responsibilities of the Secretary.
The House bill contained no similar provision.
The House recedes.
Competitive procurement of printing and duplication services (sec. 387)
The House bill contained a provision (sec. 1404) that would extend
the authority under the fiscal year 1996 act that would require the
Secretary of Defense to procure 70 percent of the non-classified
printing services from the commercial sector. The provision would also
prohibit the Defense Automation and Printing Service from imposing a
surcharge on printing and duplication services when those services are
procured outside the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Continuation and expansion of demonstration program to
identify overpayments made to vendors (sec. 388)
The House bill contained a provision (sec. 376) that would
reauthorize, through fiscal year 1998, section 354 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104 106),
which provides for a demonstration program to identify overpayments made
to vendors. The authority provided by this specific provision is
restricted to the identification of any overpayments and does not extend
to the collection of debts. Authority for the procurement of debt
collection services is already provided by section 3718 of title 31,
United States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the General
Accounting Office to review the program and report to Congress any
significant findings such as the amount of funds that were recovered,
together with any problems that occurred during the collection of these
funds.
Standard forms regarding performance work statement and
request for proposal for conversion of services and functions at
military installations (sec. 389)
The House bill contained a provision (sec. 1411) that would require
the Secretary of Defense to develop standard performance work statements
and standard requests for proposal to be used when considering
outsourcing of commercial functions. The use of such forms would provide
relief from certain cumbersome procedures and requirements of OMB
circular A 76.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the Secretary
to develop certain forms to meet the requirements of A 76. The conferees
encourage the Secretary, when developing such forms, to give priority to
services and functions that have already been converted by 50 percent.
Base operations support for military installations on Guam (sec. 390)
The House bill contained a provision (sec. 378) that would prohibit
the use of nonimmigrant aliens, as defined in section 101(a)(15)(H)(ii)
of title 8, United States Code, for any base operations support contract
to be performed on Guam.
The Senate amendment contained no similar provision.
The Senate recedes.
Warranty claims recovery pilot program (sec. 391)
The Senate amendment contained a provision (sec. 367) that would
authorize a pilot program to recover any refunds owed the Air Force for
maintenance work performed in public depots on aircraft engines while
under warranty. Receipts under this program would be returned to the
appropriations account from which the maintenance work was funded.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Comptroller General to review this program and report the results to the
Congress.
Program to investigate fraud, waste, and abuse within
Department of Defense (sec. 392)
The House bill contained a provision (sec. 372) that would authorize
the continuation of Operation Mongoose through fiscal year 2003. The
section would establish the Under Secretary of Defense (Comptroller) as
the executive agent for this program and would require a report on the
activities of the operation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that permanently provides for a
program in the Department of Defense that coordinates the identification
and prevention of fraudulent financial actions within Department of
Defense (DOD). The conferees support the acceleration of transportation
and vendor pay review and believe in expanding the program to use
information from other government agencies to detect fraud within DOD.
By mining financial information, the Department of
Defense would be able to expand its current fraud detection
efforts to improve the integrity of its financial management systems
while reducing waste, fraud, and abuse.
In addition, the conferees direct the Secretary of Defense to
provide a report to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives by
December 31, 1997, on the activities reviewed by Operation Mongoose, the
savings or costs avoidance identified by activity, the number of cases
referred for investigation, and the number of cases investigated by the
investigating agency.
Multitechnology automated reader card demonstration program (sec. 393)
The Senate bill contained a provision (sec. 369) that would require
the Secretary of the Navy to carry out a two year demonstration program
during 1998 and 1999 to expand the use of multitechnology automated
reader cards throughout the Navy and Marine Corps. This demonstration
would include the use of ``smartship'' technology.
The House bill included no similar provision.
The House recedes.
Plan for reduction in overhead costs of inventory control
points (sec. 394)
The House bill contained a provision (sec. 1421) that would require
the Secretary of Defense to develop and implement a plan to reduce the
overhead costs of the supply management activities of the Defense
Logistics Agency and the military services to eight percent of the
annual net sales.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
development of a plan on how the Department will reduce its overhead
costs of the Inventory Control Points (ICPs) to eight percent by October
1, 2000.
Schedule for implementation of best inventory management
practices at Defense Logistic Agency (sec. 395)
The Senate amendment contained a provision (sec. 366) that would
direct the Director of the Defense Logistics Agency to develop and
submit to Congress a schedule for the implementation of the best
inventory management practices found in the commercial sector that are
consistent with military requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the list of
items to include pharmaceutical, automotive, and other supplies.
The conferees are concerned with recent reports of the excess
inventory maintained by the Department of Defense. The retention of this
inventory requires the expenditure of resources for storage and
administration. The conferees note the recent General Accounting Office
report outlining the significant quantities of excess inventory
prepositioned in Europe and direct the Department to take those actions
necessary to reduce the items for which there is no identified need and
where disposal would result in long-term savings to the Federal
Government.
LEGISLATIVE PROVISIONS NOT ADOPTED
Quarterly reports on execution of operation and maintenance
appropriations
The House bill contained a provision (sec. 317) that would require
the Secretary of Defense to report quarterly on the execution of the
operation and maintenance budget.
The Senate amendment contained no similar provision.
The House recedes.
Exclusion of certain large maintenance and repair projects
from percentage limitation on contracting for depot-level maintenance
The House bill contained a provision (sec. 332) that would exclude
from the restrictions contained in section 2466 of title 10, United
States Code, an aircraft carrier or a submarine repair or overhaul
project that represents five percent or more of the total amount made
available to the Department of the Navy for depot-level maintenance and
repair.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree that the exception to the definition of depot
maintenance for the refueling of nuclear aircraft carriers contained
within section 355 of the Act together with the additional flexibility
provided by the change from 60/40 to 50/50, should provide the same
flexibility the House bill intended to provide.
Authorization to pay negotiated settlement for environmental
cleanup at former department of defense sites in Canada
The House bill contained a provision (sec. 343) that would authorize
the Secretary of Defense to pay the Government of Canada up to $100.0
million through annual payments over a ten year period for the
environmental cleanup of four sites formerly operated by the U.S. Armed
Forces in Canada: 21 Distant Early Warning (DEW) Line sites; Goose Bay
Airfield; Haines-Fairbanks Pipeline sites; and the U.S. Naval Station,
Argentia. The authorization request was based on a bilateral agreement
between the United States and Canada. The agreement provided for the
payment of the $100.0 million into the Foreign Military Sales (FMS)
Trust Fund Account so that the Canadian Government could draw against
this account to purchase unspecified military equipment from an
undetermined manufacturing source.
The Senate amendment contained no similar provision.
The House recedes.
The conferees decline to provide the requested authorization and
direct the Department to focus on funding and conducting environmental
cleanup at sites where there is an existing legal obligation.
Revision of report requirement of Navy program to monitor
ecological effects of organotin
The House bill contained a provision (sec. 345) that would extend
the date and expand the scope of a reporting requirement originally
established in section 333 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201).
The Senate amendment contained no similar provision.
The House recedes.
The conferees intend to monitor the progress made by the
Environmental Protection Agency (EPA) and the Navy in implementation of
criteria established by EPA for control of organotin. If the permitting
process is not consistent with the EPA criteria, the conferees are
prepared to revisit this issue in relation to the Department's fiscal
year 1999 budget request.
Pilot program to test an alternative technology for
eliminating solid and liquid waste emissions during ship operations
The House bill contained a provision (sec. 347) that would authorize
the Secretary of the Navy to establish a pilot program to demonstrate
plasma arc technology for treating shipboard solid and liquid waste. The
technology would consist of a compact, stationary, high alumina
refractory hearth, plasma arc melter system for incineration of waste.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that the Navy is currently investigating the
applications of plasma arc technology for the destruction of shipboard
solid waste. That work is taking place in an approved research and
development program. As a part of that program, the Navy tested the
feasibility of using a high alumina refractory hearth for shipboard
applications and determined that the hearth structure was unacceptable
because the variable shipboard waste streams produce a molten slag that
dissolves high alumina hearth walls. However, that was only one aspect
of the plasma arc technology research and development efforts.
Therefore, the conferees encourage the Navy to continue its current
effort to develop the plasma arc thermal destruction technology.
Transfer of jurisdiction over exchange, commissary, and
morale, welfare and recreation activities to Under Secretary of Defense
Comptroller
The House bill contained a provision (sec. 364) that would amend
section 135 of title 10, United States Code, to transfer administrative
responsibility within the Department of Defense for the areas of
exchange, commissary, and nonappropriated fund instrumentalities
regarding morale, welfare and recreation activities from the Under
Secretary of Defense for Personnel and Readiness to the Under Secretary
of Defense (Comptroller).
The Senate amendment contained no similar provision.
The House recedes.
Authorized use of appropriated funds for relocation of Navy
Exchange Service Command
The House bill contained a provision (sec. 367) that would provide
that the Navy Exchange Service Command (NEXCOM) shall not be required to
reimburse the United States for appropriated funds allotted to NEXCOM
during fiscal years 1994, 1995, and 1996 for costs incurred in
connection with the relocation of NEXCOM headquarters to Virginia Beach,
Virginia and for the lease of headquarters space.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on use of Special Operations Command budget for
base operation support
The House bill contained a provision (sec. 375) that would amend
section 167(f) of title 10, United States Code, to prohibit the use of
funds provided for the Special Operations Command for base operations
support expenses incurred at military installations.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that Congress established the Special Operations
Command, including a separate major force budget program (MFP 11), to
correct serious deficiencies in special operations capabilities and to
ensure special operations combat readiness. The conferees believe that
the regular practice of using MFP 11 funds for base operations support
would be in conflict with the original intent for these funds. However,
the conferees recognize the need to provide the Commander-in-Chief of
the Special Operations Command with the flexibility to use these funds
in this manner should the necessity arise. Therefore, the conference
agreement does not contain this provision. However, the conferees intend
to monitor this issue closely to ensure that MFP 11 funds are used in a
manner consistent with the intentions of Congress and agree to revisit
the issue should the need arise.
Availability of funds for separation pay for defense
acquisition personnel
The House bill contained a provision (sec. 1303) that would
authorize $100.0 million in operations and maintenance funding for
payment of separation pay to the Department of Defense civilian
acquisition personnel.
The Senate amendment contained no similar provision.
The House recedes.
Competitive procurement of finance and accounting services
The House bill contained a provision (sec. 1401) that would require
the Secretary of Defense to competitively procure finance and accounting
services currently provided by the Defense Finance and Accounting
Service from among government and private sector sources.
Senate amendment contained no similar provision.
The House recedes.
Competitive procurement of services to dispose of surplus
defense property
The House bill contained a provision (sec. 1402) that would require
the Secretary of Defense to make available for competition those
functions of the Defense Reutilization and Marketing Service that are
associated with the disposal of surplus Department of Defense property.
The Senate amendment contained no similar provision.
The House recedes.
Competitive procurement of functions performed by Defense
Information Systems Agency
The House bill contained a provision (sec. 1403) that would require
the Secretary of Defense to competitively procure commercial and
industrial type functions performed by the Defense Information Systems
Agency.
The Senate amendment contained no similar provision.
The House recedes.
Competitive procurement of commercial and industrial type
functions by defense agencies
The House bill contained a provision (sec. 1406) that would require
the Secretary of Defense to competitively procure commercial and
industrial type functions performed by defense agencies.
The Senate amendment contained no similar provision.
The House recedes.
Consolidation of procurement technical assistance centers and
electronic commerce resource centers
The House bill contained a provision (sec. 1422) that would require
consolidation of the Procurement Technical Assistance Center (PTAC) and
the Electronic Commerce Resource Center (ECRC) programs in fiscal year
1998. The provision would also require the use of competitive procedures
in granting awards under the consolidated program.
The Senate amendment contained no similar provision.
The House recedes.
Risk assessments under the defense environmental restoration program
The Senate amendment contained a provision (sec. 336) that would
direct the Secretary of Defense to define the elements of a relative
risk site evaluation methodology, to develop uniform guidance for site
assessment and ranking, and to ensure consistent application of the
guidance. The Department's relative risk site evaluation involves three
site categories for justifying requirements and allocating funds: high;
medium; and low. According to the Department, the high relative risk
sites are given a greater funding priority than the medium and low
relative risk sites.
The House bill contained no similar provision.
The Senate recedes.
Tagging system for identification of hydrocarbon fuels used
by the Department of Defense
The Senate amendment contained a provision (sec. 339) that would
authorize the Department of Defense to conduct a pilot program to
determine if hydrocarbon fuels used by the Department can be tagged in
order to deter theft and facilitate the determination of the source of
surface and underground pollution in locations having separate fuel
storage facilities from the Department and civilian companies.
The House bill contained no similar provision.
The Senate recedes.
Report on options for the disposal of chemical weapons and agents
The Senate amendment contained a provision (sec. 341) that would
require the Secretary of Defense to submit a report to Congress on the
options available to the Department of Defense for the disposal of
chemical weapons and agents without building additional chemical weapons
disposal facilities in the continental United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106) directed the Secretary of Defense
to conduct an assessment of the chemical stockpile disposal program and
to consider measures that could be taken to reduce program costs.
Further discussion on the results of the assessment are addressed
elsewhere in the statement of managers.
Integration of military exchange services
The Senate amendment contained a provision (sec. 352) that would
require the secretaries of the military departments to integrate the
three military exchange systems by September 30, 2000.
The House bill contained no similar provision.
The Senate recedes.
The conferees endorse the concept of exchange integration. The
conferees recognize that the Department of Defense is currently
conducting a due diligence study to determine which functions could be
integrated to yield savings and efficiencies while preserving high
levels of customer service. The conferees direct the Secretary of
Defense, upon completion of the due diligence study and if the study so
recommends, to develop a plan for integrating the functions identified
in the report. The plan must include a timeline for accomplishing each
of the integration functions. The plan shall be submitted to the
Congress not later than 120 days after the due diligence study is
completed.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--ACTIVE FORCES
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that would authorize
end strengths for the active forces, as indicated in the table below:
Service Fiscal year 1998--
Request Recommendation
Army 495,000 495,000
Navy 390,802 395,000
Marine Corps 174,000 174,000
Air Force 371,577 381,000
------------ -----------------
Total 1,431,379 1,445,000
The Senate amendment contained a provision (sec. 401) that would
authorize active duty end strengths for fiscal year 1998, as shown
below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
Army: 495,000 495,000 485,000
Navy: 407,318 390,802 390,802
Marine Corps: 174,000 174,000 174,000
Air Force: 381,000 371,577 371,577
The House recedes with an amendment that would authorize active duty
end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 authorization
Army 495,000 495,000 495,000
Navy 407,318 390,802 390,802
Marine Corps 174,000 174,000 174,000
Air Force 381,100 371,577 371,577
--------------------- --------------- ---------------------
Total 1,457,418 1,431,379 1,431,379
Permanent end strength levels to support two major regional
contingencies (sec. 402)
The Senate amendment contained a provision (sec. 402) that would
repeal section 691 of title 10, United States Code, as amended by
section 402 of the National Defense Authorization Act for Fiscal Year
1997.
The House bill contained a similar provision.
The House recedes with an amendment that would amend section 691 of
title 10, United States Code to make the end strength floors consistent
with the active duty end strengths authorized in section 401 of the
conference agreement. Additionally, the amendment would provide the Army
one and one-half percent flexibility below the floor while retaining one
percent flexibility for the Navy, Marine Corps and the Air Force.
The conferees are concerned about the strains being placed on
military personnel and their families. There is an apparent incongruence
between the number and frequency of deployments, the extraordinary pace
of operations, and the continued pressure through the budget process to
reduce military personnel levels. The conferees intend to continue to
examine closely and challenge, as appropriate, any recommendations of
the Department of Defense, the Quadrennial Defense Review, or the
National Defense Panel to further reduce military personnel. The
conferees will be especially vigilant for reductions in military
personnel levels that appear to be driven purely by budget pressures,
and not supported by the fielding modern systems that require fewer
personnel or changes in the requirements of the national military
strategy.
The conferees note that section 691 of title 10, United States Code,
as amended by the conference report, requires the Secretary of Defense
to fully fund and maintain the end strength floors in future budgets.
SUBTITLE B--RESERVE FORCES
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that would authorize
end strengths for the Selected Reserve as indicated in the table below:
Fiscal year 1997 authorized Fiscal year 1998--
Request Recommendation
ARNG 366,758 366,516 366,516
USAR 215,179 208,000 208,000
USNR 96,304 94,294 94,294
USMCR 42,000 42,000 42,000
ANG 109,178 107,377 107,377
USAFR 73,311 73,431 73,431
Coast Guard 8,000 8,000 8,000
---------------------------- ---------- ----------------
Total 910,730 899,618 899,618
The Senate amendment contained a provision (sec. 411) that would
authorize Selected Reserve end strengths for fiscal year 1998
as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 366,758 366,516 361,516
The Army Reserve 215,179 208,000 208,000
The Naval Reserve 96,304 94,294 94,294
The Marine Corps Reserve 42,000 42,000 42,000
The Air National Guard of the United States 109,178 107,377 108,002
The Air Force Reserve 73,311 73,431 73,542
The Coast Guard Reserve 8,000 8,000 8,000
The House recedes with an amendment that would authorize Selected
Reserve end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 366,758 366,516 361,516
The Army Reserve 215,179 208,000 208,000
The Naval Reserve 96,304 94,294 94,294
The Marine Corps Reserve 42,000 42,000 42,000
The Air National Guard of the United States 109,178 107,377 108,002
The Air Force Reserve 73,311 73,431 73,447
The Coast Guard Reserve 8,000 8,000 8,000
The conferees recommend an Army National Guard end strength below
the 1998 request as a result of the Off-Site Review the Army announced
on June 5, 1997, in which the active Army, the Army Reserve, and the
Army National Guard agreed on personnel reductions recommended by the
Quadrennial Defense Review. The conferees recommend increased end
strengths for the Air National Guard and the Air Force Reserve to
accommodate retention of the PAA C 130 aircraft at current levels. The
conferees also recommend an adjustment to the Air Force Reserve end
strength consistent with the recommendation that would prohibit the
Secretary of the Air Force from replacing civilian base security
personnel with active guard and reserve personnel. The conferees
adjusted the recommended authorization of appropriations to reflect
these recommendations.
End strengths for Reserves on active duty in support of the
Reserves (sec. 412)
The House bill contained a provision (sec. 412) that would authorize
the end strengths of the reserves on active duty in support of the
reserves as indicated in the table below. These end strengths are
included within the total end strengths authorized for the Selected
Reserve.
Fiscal year--
1997 authorization 1998 request 1998 recommendation
ARNG 22,798 22,310 22,310
USAR 11,729 11,500 11,500
USNR 16,603 16,136 16,136
USMCR 2,559 2,559 2,559
ANG 10,403 10,616 10,616
USAFR 655 963 748
-------------------- -------------- ---------------------
Total 64,747 64,084 63,869
The Senate amendment contained a provision (sec. 412) that would
authorize full-time support end strengths for fiscal year 1998 as shown
below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 22,798 22,310 22,310
The Army Reserve 11,729 11,500 11,500
The Naval Reserve 16,603 16,136 16,136
The Marine Corps Reserve 2,559 2,559 2,559
The Air National Guard of the United States 10,403 10,616 10,671
The Air Force Reserve 655 963 963
The House recedes with an amendment that would authorize full-time
support end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 22,798 22,310 22,310
The Army Reserve 11,729 11,500 11,500
The Naval Reserve 16,603 16,136 16,136
The Marine Corps Reserve 2,559 2,559 2,559
The Air National Guard of the United States 10,403 10,616 10,671
The Air Force Reserve 655 963 867
-------------------- -------------- ---------------------
Total 64,747 53,468 53,372
The recommended change to the end strength for reserves on active
duty in support of the Air Force Reserve results from an increase to
support the retention of C 130 PAA aircraft at the current levels, a
reduction from the budget request consistent with the recommendation
that would prohibit the Secretary of the Air Force from replacing
civilian base security personnel with active guard and reserve
personnel, and an increase to accommodate the creation of deployable
force protection teams in the Air Force Reserve. The conferees adjusted
the recommended authorization of appropriations to reflect these
changes.
Additionally, the conferees are concerned about a range of issues
related to management, utilization, and assignment of persons
participating in the active guard and reserve programs. The committees
of jurisdiction intend to examine these matters during the second
session of the 105th Congress.
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that would authorize
military technician end strength as indicated by the fiscal year 1998
recommendation below and would require future defense budget requests to
include a legislative provision specifically detailing the end strength
of the dual status military technicians to be authorized.
Service Fiscal year--
1997 program 1998 request 1998 recommendation
ARNG 23,125 22,991 23,125
USAR 5,503 5,205 5,503
ANG 22,853 22,574 22,853
USAFR 9,802 9,622 9,802
-------------- -------------- ---------------------
Total 61,283 60,392 61,283
The Senate amendment contained a provision that increased above the
budget request the authorized levels of military technicians in the Air
National Guard and in the Air Force Reserve to support revised C 130
aircraft levels (sec. 413).
The Senate recedes.
SUBTITLE C--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations for military personnel (sec. 421)
The House bill contained a provision (sec. 421) that would authorize
$69,539,862,000 to be appropriated for military personnel, an increase
of $66,100,000 to the budget request.
The Senate amendment contained a provision (sec. 421) that would
authorize $69,244,962,000 to be appropriated to the Department of
Defense for military personnel.
The House recedes with an amendment that would authorize
$69,470,505,000 to be appropriated for military personnel.
The conferees recommended the following modifications to the budget
request for military personnel:
Fisal year 1998 Military Personnel Budget Items
[In millions of dollars]
Increases:
Fed. Civilian Military Leave
85.0
C 130 Force Structure (AFR & ANG)
5.4
Army End Strength Separation Cost
90.0
Increase Family Separation Pay
25.0
Field Duty Income Protection
18.0
Increase Hazardous Incentive Pay
22.1
Dental Pay Incentives
15.0
WWII Subsistence Allowances
1.0
Transfer from Contigency Operations Funds
213.6
Total Adds
475.1
Reductions:
FY 98 AC End Strength Underexecution Savings
297.5
Army
240.0
Navy
10.0
USMC
3.6
Air Force
43.9
USAF 15-year Retirement Savings
58.5
Army NG 5K End Strength Reduction
22.0
RC Support Total Force
13.0
Health Professional Scholarship
25.6
Foreign Currency Fluctuation
62.0
Total reductions
478.6
Net Change from President's Budget
-3.5
LEGISLATIVE PROVISIONS NOT ADOPTED
Increase in number of members in certain grades authorized to
serve on active duty in support of the reserves
The House bill contained a provision (sec. 414) that would authorize
increases in the grades of reserve members authorized to serve on active
duty or on full-time national guard duty for the administration of the
reserves or the national guard.
The Senate amendment contained no similar provision.
The House recedes.
TITLE V--MILITARY PERSONNEL POLICY
ITEMS OF SPECIAL INTEREST
Personal finance training
The conferees are concerned about reports of personal financial
difficulties being experienced by military personnel, especially lower
ranking personnel. The conferees commend the Department of Defense and
the services for their on-going efforts to assist and educate young
service members and their families in ways and means of successfully
managing their personal finances. The conferees urge the
Secretary of Defense and the Secretaries of the Military
Departments to review the adequacy of their training programs with
regard to personal finance training to ensure a continuum of training
that would provide all service members with the basic skills required to
manage their personal finances. These courses should include checkbook
management, credit card management, and debt management.
Sequester of Department of Defense funds as a result of a
prohibition against military recruiting on campuses of Connecticut State
colleges and universities
The conferees are aware that the Connecticut State Legislature and
the State Supreme Court have taken steps to prohibit military recruiting
on the campuses of state funded colleges and universities. As a result
of this prohibition, and in accordance with section 558 of the National
Defense Authorization Act for Fiscal Year 1995, the Department of
Defense suspended payment of contract and grant funding to these
colleges and universities.
The conferees note that the Connecticut State Legislature is not
scheduled to meet until February 1998. The Governor has pledged that he
will ensure the passage of legislation that would remedy the matter
concerning access of military recruiters to Connecticut state
institutions of higher education.
In order to provide the State of Connecticut with the opportunity to
repeal its prohibition, the conferees direct the Secretary of Defense
not to use funds that would have been used for contracts or grants to
higher education institutions in Connecticut as sources in a
reprogramming request nor to submit such funds as part of a rescission
offer until March 29, 1998. If the State of Connecticut has not repealed
the prohibition as of March 29, 1998, the Secretary of Defense may use
the funds in a reprogramming or rescission activity.
Notwithstanding this sequestering of funds, the conferees insist
that military recruiters be afforded access to institutions of higher
education or face the consequence of loss of federal funds.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--OFFICER PERSONNEL POLICY
Limitation on number of general and flag officers who may
serve in positions outside their own service (sec. 501)
The House bill contained a provision (sec. 501) that would limit the
number of general and flag officers serving in external assignments to
no more than 24.5 percent of the total number of such officers
authorized by Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish the number
of general and flag officers serving in external assignments to no more
than 26.5 percent of the total number of such officers authorized by
Congress, and would increase the length of time a general or flag
officer may serve in a Joint Task Force without counting against the
limit imposed by this provision.
The conferees agree that the limit is computed in the aggregate and
not by individual service, and that the designation of ``dual-hatted''
positions as external or internal service billets shall be in accordance
with service policies and regulations.
Exclusion of certain retired officers from limitation on
period of recall to active duty (sec. 502)
The House bill contained a provision (sec. 502) that would exclude
retired military chaplains, health care professionals, and officers
serving on the American Battle Monuments Commission from being subject
to the statutory limits on the period of time that recalled retirees may
serve on active duty.
The Senate amendment contained a similar provision (sec. 504).
The Senate recedes with a clarifying amendment.
Clarification of officers eligible for consideration by
promotion boards (sec. 503)
The House bill contained a provision (sec. 503) that would clarify
that officers serving on active duty and in the reserve components may
be excluded from consideration from promotion to the next higher grade
if they are on a promotion board report, even if that report had not yet
been approved by the President.
The Senate amendment contained a similar provision.
The House recedes with a clarifying amendment.
Authority to defer mandatory retirement for age of officers
serving as chaplains (sec. 504)
The House bill contained a provision (sec. 504) that would repeal
the prohibition on Navy chaplains on the retired list from serving as
the Chief or Deputy Chief of Chaplains in the Navy. This provision would
also increase the mandatory retirement age for the Chief or Deputy Chief
of Chaplains in the Navy from 62 to 68 years of age. In addition, the
provision would permit service secretaries to defer the retirement of
officers serving as chaplains until age 68 if the chaplains served in
direct support of units and installations.
The Senate amendment contained a similar provision.
The Senate recedes with an amendment that would permit service
secretaries to defer the retirement of chaplains until age 68 as long as
the secretary considers the deferment in the best interest of the
service.
Increase in number of officers allowed to be frocked to
grades of colonel and Navy captain (sec. 505)
The Senate amendment contained a provision (sec. 502) that would
increase the number of officers who may wear the grade and insignia of
an O 6 (colonels in the Army, Air Force, and Marine Corps and captains
in the Navy).
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Increased years of commissioned service for mandatory
retirement of regular generals and admirals in grades above major
general and rear admiral (sec. 506)
The Senate amendment contained a provision (sec. 505) that would
increase the mandatory retirement point for three-star generals and
admirals to 38 years of commissioned service and for four-star generals
and admirals to 40 years of commissioned service.
The House bill contained no similar provision.
The House recedes.
The conferees do not intend that all three- and four-star officers
be allowed to serve to the increased mandatory retirement points. The
mandatory retirement points were increased to permit certain general and
flag officers to serve long enough to develop and implement the
long-term plans and policies required of certain senior positions
without jeopardizing their chances of serving in positions of increased
responsibility before reaching mandatory retirement. The conferees
recognize that the improper implementation of this provision could have
serious effects on the promotion flow points to other grades. The
services retain all of their general and flag officer management tools
which enable them to manage the career of those officers who become the
most senior leaders within the military services without negatively
affecting the career opportunities for junior officers.
Uniform policy for requirement of exemplary conduct by
commanding officers and others in authority (sec. 507)
The Senate amendment contained a provision (sec. 554) that would
establish, in statute, exemplary standards for commanding officers and
others in positions of authority and responsibility.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on the command selection process for District
Engineers of the Army Corps of Engineers (sec. 508)
The Senate amendment contained a provision (sec. 1079) that would
require the Secretary of Defense to report to the Congress concerning
the selection and assignment policies and procedures pertaining to
District Engineers of the Army Corps of Engineers.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of the Army to provide the report to the Congress.
SUBTITLE B--RESERVE COMPONENT MATTERS
Individual Ready Reserve activation authority (sec. 511)
The House bill contained a provision (sec. 511) that would authorize
the President, under the Presidential Selective Reserve Call-up
authority, to recall up to 30,000 members of a new category of the
Individual Ready Reserve that would consist of those personnel, in the
military skills designated by the Secretary of Defense, who had
volunteered for this category prior to leaving active duty.
The Senate amendment contained no similar provision.
The Senate recedes.
Termination of Mobilization Income Insurance Program (sec. 512)
The House bill contained a provision (sec. 512) that would terminate
the Ready Reserve Mobilization Income Insurance Program effective upon
enactment of the National Defense Authorization Act for Fiscal Year
1998.
The Senate amendment contained a similar provision (sec. 511).
The Senate recedes.
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. 513)
The House bill contained a provision (sec. 513) that would authorize
medical and dental care for the family member of a reservist who incurs
or aggravates an injury or illness in the line of duty while serving on
active duty for a period of 30 days or less and whose orders are
subsequently modified to extend the period of active duty.
The Senate amendment contained a similar provision (sec. 661).
The Senate recedes with a clarifying amendment.
Authority to permit non-unit assigned officers to be
considered by vacancy promotion board to general officer grades (sec.
514)
The House bill contained a provision (sec. 515) that would authorize
the Secretary of the Army to permit officers not assigned to units of
the Selected Reserve to compete for promotion to brigadier general and
major general within the same promotion board process as officers who
are assigned to units.
The Senate amendment contained no similar provision.
The Senate recedes.
Prohibition on use of Air Force Reserve AGR personnel for Air
Force base security functions (sec. 515)
The House bill contained a provision (sec. 517) that would prohibit
the Secretary of the Air Force from using members of the Air Force
Reserve who are on active duty in support of the reserves (known as
active guard and reserve or AGR personnel) to perform force protection,
base security, or security police functions at an Air Force facility in
the United States until six months after the Secretary submits a report
to the Congress on the use of AGR personnel in these functions.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit replacing
security related military technician or civilian positions at the Air
Force Reserve bases with AGR personnel during fiscal year 1998.
The conferees view the Air Force proposal to provide base security
at four Air Force Reserve bases in the United States as an attempt to
eliminate civilian technician positions. Use of the AGRs for this
security mission would replace 72 Air Reserve technicians and 136
Department of Defense civilians now providing base security at these
bases. For these reasons, the conferees would prohibit the Secretary of
the Air Force from utilizing AGRs for base security at United States
bases during fiscal year 1998. In another provision in the conference
report, the conferees direct the Secretary of Defense to submit a report
to the Congress on the feasibility and advisability of converting all
active guard and reserve positions to military technicians. Until this
study is complete, any conversion of military technician positions to
active guard and reserve would be premature.
Involuntary separation of reserve officers in an inactive
status (sec. 516)
The Senate amendment contained a provision (sec. 512) that would
permit the President to discharge or retire a reserve commissioned
officer in an inactive status who cannot or will not retire.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees expect that the service secretaries exercise prudence
and discretion when they use this authority. The decision to
involuntarily discharge or retire any officer is one that must be
reached only after careful deliberation. The conferees do not intend
that this authority be used indiscriminately or to limit the career
potential of individual officers without compelling justification.
Federal status of service by National Guard members as honor
guards at funerals of veterans (sec. 517)
The Senate amendment contained a provision (sec. 514) that would
permit National Guard members who serve on funeral details for veterans
of the armed forces to receive credit as a period of drill or training
otherwise required.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees expect that participation of National Guard personnel
in a funeral detail or honor guard will be strictly voluntary and that
this authority will not be used as a basis for justifying force
structure, end strength, or appropriations.
SUBTITLE C--MILITARY TECHNICIANS
Authority to retain on the reserve active-status list until
age 60 military technicians in the grade of brigadier general (sec. 521)
The House bill contained a provision (sec. 521) that would restore
the authority that existed prior to the enactment of the Reserve Officer
Personnel Management Act (ROPMA) that permitted the Secretaries of the
Army and Air Force to retain brigadier general military technicians on
the active-status list up to age 60.
The Senate amendment contained a similar provision (sec. 513).
The Senate recedes.
Military technicians (dual status) (sec. 522)
The House bill contained a provision (sec. 522) that would define a
military technician (dual status) as a federal civilian employee who is
hired in accord with titles 5 or 32, United States Code, and who, as a
condition of federal civilian employment, must maintain military
membership in the Selected Reserve, and who also must be assigned to a
position as a technician in the administration and training of the
Selected Reserve, or to a position in the maintenance and repair of
supplies or equipment issued to the Selected Reserve or armed forces and
require that, unless exempted by law, all military technicians hired on
or after December 1, 1995, (the date of enactment of Public Law 104 61)
would be required to maintain military membership in the Selected
Reserve unit by which they are employed as a military technician, or in
a unit they are employed as a military technician to support.
The Senate amendment contained no similar provision.
The Senate recedes.
Non-dual status military technicians (sec. 523)
The House bill contained a provision (sec. 523) that would cap the
numbers of non-dual status technicians permitted in each of the reserve
components in fiscal year 1998, and require the service secretaries in
future years to reduce the number of non-dual status technicians by at
least 10 percent per year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize the number
of non-dual status technicians in each component, and require the
Secretary of Defense to report to the Congress, not later than 90 days
after enactment, the actual number of non-dual status technicians in
each component, and to submit to Congress, not later than 180 days after
enactment, a plan to ensure that by the end of fiscal year 2007, and
thereafter, all military technician positions are only occupied by
military technicians (dual status).
Report on feasibility and desirability of conversion of AGR
personnel to military technicians (dual status) (sec. 524)
The House bill contained a provision (sec. 524) that would require
the Secretary of Defense to report to the Congress on the feasibility
and desirability of converting active guard and reserve personnel to
dual status military technicians.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE D--MEASURES TO IMPROVE RECRUIT QUALITY AND REDUCE RECRUIT
ATTRITION
Reform of military recruiting systems (sec. 531)
The House bill contained a provision (sec. 531) that would require
the Secretary of Defense to undertake a series of department-wide
reforms to improve the efficiency and effectiveness of military
recruiting.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include the use of
pre-enlistment waivers among those codes and systems to be revised and
updated.
Improvements in medical prescreening of applicants for
military service (sec. 532)
The House bill contained a provision (sec. 532) that would direct
the Secretary of Defense to undertake a number of reforms, to include:
(1) Requiring each applicant for military service to provide the
name of the applicant's medical insurer, the names of past medical
providers, and a release to obtain the applicant's medical records;
(2) Revising the questions asked of applicants to tie the questions
more directly to conditions that most frequently result in medical
separations;
(3) Assigning to a contractor or agency other than the Military
Entrance Processing Command (MEPCOM) the responsibility for evaluating
medical conditions of recruits that are missed during MEPCOM's accession
processing; and
(4) Requiring all applicants for military service be tested for use
of illegal drugs at the MEPCOM station.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Improvements in physical fitness of recruits (sec. 533)
The House bill contained a provision (sec. 533) that would direct
the Secretary of Defense to undertake a range of measures to improve the
level of physical fitness of new recruits prior to the start of basic
training, including the use of incentives, monetary and otherwise, for
new recruits in the delayed entry program to voluntarily participate in
supervised conditioning activities.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees expect that any activities developed to improve the
physical fitness of recruits will be organized, formally scheduled, and
supervised by personnel who have been appropriately trained to conduct
physical readiness training. The conferees do not intend that recruits
will be afforded unescorted, unsupervised access to military fitness
facilities.
SUBTITLE E--MILITARY EDUCATION AND TRAINING
PART I--OFFICER EDUCATION PROGRAMS
Requirement for candidates for admission to United States
Naval Academy to take oath of allegiance (sec. 541)
The House bill contained a provision (sec. 543) that would codify
what now is implemented by policy--that persons seeking admission to the
United States Naval Academy take and subscribe to an oath of allegiance
to the United States as a requirement for admission. This provision
would make the requirement for an oath consistent in law for all three
service academies.
The Senate amendment contained no similar provision.
The Senate recedes.
Service academy foreign exchange program (sec. 542)
The House bill contained a provision (sec. 546) that would authorize
the Air Force Academy to enter into agreements with foreign governments
in order to carry out a military academy foreign exchange program.
The Senate amendment contained a provision (sec. 521) that would
authorize exchange programs at each of the service academies.
The Senate recedes with an amendment that would authorize exchange
programs at all three service academies and would establish cost and
enrollment limits.
Reimbursement of expenses incurred for instruction at service
academies of persons from foreign countries (sec. 543)
The House bill contained a provision (sec. 544) that would constrain
the Secretary of Defense's waiver authority for the cost of attendance
for international students entering the service academies after the date
of enactment to no more than 25 percent of the per-person cost of
attendance by an international student, but would permit the Secretary,
in exceptional cases, to waive more than 25 per cent of the cost for up
to five international students at each of the service academies, and
would recommend a reduction in fiscal year 1998 of $4.2 million in
Defense-wide Operations and Maintenance accounts and a $1.0 million
reduction in the amounts authorized for military personnel in the Army,
Navy and Air Force.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish the amount
of the cost of attendance for international students at the service
academies permitted to be waived at 35 percent, but would permit the
Secretary to waive more than 35 per cent of the cost for up to five
international students at each of the service academies, would make the
restrictions effective for students entering the academies after May
1998, and would restore the reductions to the military personnel and
operations and maintenance accounts.
Continuation of support to senior military colleges (sec. 544)
The House bill contained a provision (sec. 567) that would require
that the Secretary of Defense continue support to the senior military
colleges (Texas A&M University, Norwich University, The
Virginia Military Institute, The Citadel, Virginia Polytechnic
Institute and State University, and North Georgia College and State
University) in three principal ways: 1) retention of the long-standing
commitment by the Army to provide active duty service for all graduates
of the colleges who desire it and who are recommended for it by their
respective professors of military science; 2) participation by the
active duty personnel assigned to the Reserve Officers' Training Corps
(ROTC) detachments at each college in the leadership, academic and
military development of the corps of cadets, beyond ROTC programs; and
3) continued operation of the ROTC program at each of the colleges.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure active duty
service for graduates of the senior military colleges who request such
service, who are medically and physically qualified, and are recommended
by the professor of military science. Additionally, the amendment would
ensure continued operation of the ROTC program at each of the senior
military colleges.
Report on making United States nationals eligible for
participation in Senior Reserve Officers' Training Corps (sec. 545)
The House bill contained a provision (sec. 572) that would require
the Secretary of Defense to report to the Congress on the utility of
permitting United States nationals to participate in the Senior Reserve
Officers' Training Corps.
The Senate amendment contained no similar provision.
The Senate recedes.
Coordination of establishment and maintenance of Junior
Reserve Officers' Training Corps units to maximize enrollment and
enhance efficiency (sec. 546)
The Senate amendment contained a provision (sec. 525) that would
require the Secretary of Defense to coordinate the establishment and
maintenance of Junior Reserve Officers' Training Corps in order to
maximize enrollment and to take into consideration openings of new
schools and consolidation of schools.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
requirement from the Secretary of Defense to the secretaries of the
military departments and delete the requirement that the Secretary of
Defense seek additional funding from the local educational agencies.
PART II--OTHER EDUCATION MATTERS
United States Naval Postgraduate School (sec. 551)
The House bill contained a provision (sec. 545) that would amend the
current authority governing admittance of civilians at the Naval
Postgraduate School, and create new authority to admit enlisted
personnel to the school. Thus, the section would authorize the Secretary
of the Navy to admit civilians on a space-available basis, with
reimbursement being required either on an in-kind basis or on a
cost-reimbursable basis, and would also authorize enlisted members to
attend courses on a space-available basis.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit enlisted
personnel to attend courses on a space-available basis.
Community College of the Air Force (sec. 552)
The House bill contained a provision (sec. 573) that would permit
enlisted members of the Army, Navy, or Marine Corps who are assigned as
instructors in Air Force technical schools and enlisted students in Air
Force training programs to participate in and receive associate degrees
through the Community College of the Air Force.
The Senate amendment contained a provision (sec. 522) that would
permit enlisted members of the Army, Navy, or Marine Corps who are
assigned as instructors in Air Force technical schools to participate in
and receive associate degrees through the Community College of the Air
Force.
The House recedes with a clarifying amendment.
Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on active duty in support of a
contingency operation (sec. 553)
The Senate amendment contained a provision (sec. 523) that would
ensure that members of the Selected Reserve who are ordered to active
duty in support of a contingency operation, and required to discontinue
a course of study under the GI Bill benefit, would not have those months
charged against their GI Bill entitlement.
The House bill contained no similar provision.
The House recedes.
PART III--TRAINING OF ARMY DRILL SERGEANTS
Reform of Army drill sergeant selection and training process (sec. 556)
The House bill contained a provision (sec. 542) that would require
the Secretary of the Army to institute a number of reforms in the
processes by which drill sergeants are selected and trained.
The Senate amendment contained no similar provision.
The Senate recedes.
Training in human relations matters for Army drill sergeant
trainees (sec. 557)
The House bill contained a provision (sec. 547) that would require
the Secretary of the Army to expand the human relations instruction now
provided to drill sergeant trainees to at least two days of instruction.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
SUBTITLE F--COMMISSION ON MILITARY TRAINING AND GENDER-RELATED ISSUES
Commission on Military Training and Gender-Related Issues
(secs. 561 566)
The House bill contained a provision (sec. 541) that would require
the establishment of a panel to review the basic training programs of
the Army, Navy, Air Force, and Marine Corps, and to make recommendations
for improvements to these programs.
The Senate amendment contained a provision (sec. 552) that would
establish an 11-member commission to study issues related to gender
integration in the military services.
The House recedes with an amendment that would integrate the scope
of the independent panel into that of the commission, and reduce the
membership of the commission to 10, five of which would be appointed by
the chairman and ranking member of the Committee on Armed Services of
the Senate and the remaining five appointed by the chairman and ranking
member of the National Security Committee of the House of
Representatives.
The House bill contained a provision (sec. 548) that would require
each of the secretaries of military departments to submit a report to
the Committee on Armed Services of the Senate and the National Security
Committee of the House of Representatives, within 180 days after the
date of enactment, on gender-segregated basic training.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would incorporate the
information required by the report into the provision that would
establish a commission for review of gender integration in the military
departments.
SUBTITLE G--MILITARY DECORATIONS AND AWARDS
Purple Heart to be awarded only to members of the Armed
Forces (sec. 571)
The House bill contained a provision (sec. 552) that would limit
eligibility for the award of the Purple Heart to members of the armed
forces.
The Senate amendment contained no similar provision.
The Senate recedes.
Eligibility for Armed Forces Expeditionary Medal for
participation in Operation Joint Endeavor or Operation Joint Guard (sec.
572)
The House bill contained a provision (sec. 553) that would require
the Secretary of Defense to designate participation by service members
in Operation Joint Endeavor or Operation Joint Guard in the Republic of
Bosnia and Herzegovina as meeting the requirements for award of the
Armed Forces Expeditionary Medal.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of eligibility of members of Ready Reserve for
award of service medal for heroism (sec. 574)
The Senate amendment contained a provision (sec. 531) that would
authorize members of the Ready Reserve to be awarded the service medal
for heroism on the same basis as active duty service members.
The House bill contained no similar provision.
The House recedes.
One-year extension of period for receipt of recommendations
for decorations and awards for certain military intelligence personnel
(sec. 575)
The Senate amendment contained a provision (sec. 533) that would
extend, by one year, the time in which military intelligence personnel
could apply for consideration of an award for service in the Cold War
era.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Eligibility of certain World War II military organizations
for award of unit decorations (sec. 576)
The Senate amendment contained a provision (sec. 534) that would
authorize the service secretaries to award a unit decoration to any unit
or other organization of the armed forces of the United States that
supported the planning or execution of combat operations during World
War II.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Retroactivity of Medal of Honor special pension (sec. 577)
The Senate amendment contained a provision (sec. 535) that would
authorize retroactive payment of the special pension to which recipients
of the Medal of Honor are entitled to those African-American World War
II soldiers who were awarded the Medal of Honor as a result of
legislation in the National Defense Authorization Act for Fiscal Year
1996.
The House bill contained no similar provision.
The House recedes.
SUBTITLE H--MILITARY JUSTICE MATTERS
Amendments to the Uniform Code of Military Justice (secs. 581 and 582)
The House bill contained two provisions (secs. 569 and 570) that
would amend the Uniform Code of Military Justice. Section 569 would
authorize a general court-martial to adjudge a sentence of confinement
for life without eligibility for parole. Section 570 would
limit to the President or the Secretary concerned, without delegation,
the authority to grant parole to an offender serving a life sentence on
appeal from a denial of parole.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE I--OTHER MATTERS
Sexual harassment investigations and reports (sec. 591)
The Senate amendment contained a provision (sec. 553) that would
establish rigorous reporting requirements and time lines for completing
investigations into allegations of sexual harassment within the armed
services.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of the Senate regarding study of matters relating to
gender equity in the Armed Forces (sec. 592)
The Senate amendment contained a provision (sec. 551) that would
express the sense of the Congress that the Comptroller General of the
United States should conduct a study on any inequality, or perception of
inequality, in the treatment of men and women in the armed forces and
report to Congress within one year of enactment of the National Defense
Authorization Act for Fiscal Year 1998.
The House bill contained no similar provision.
The House recedes with an amendment that would express the sense of
the Senate that the Comptroller General of the United States should
conduct a study on any inequality, or perception of inequality, in the
treatment of men and women in the armed forces and report to the Senate
within one year of enactment of the National Defense Authorization Act
for Fiscal Year 1998.
Authority for personnel to participate in management of
certain non-Federal entities (sec. 593)
The House bill contained a provision (sec. 563) that would authorize
service secretaries to approve on a case-by-case basis the limited
service of military and civilian personnel as directors, trustees, or
officers of a military welfare society, such as Army Emergency Relief,
or other designated entities.
The Senate amendment contained a similar provision (sec. 555).
The Senate recedes with an amendment that would require that the
approved non-Federal agencies be limited to not-for-profit agencies and
would not permit participation as part of the service member's official
duties.
The conferees support the participation of military and civilian
personnel in the military welfare agencies and other non-Federal,
not-for-profit entities without compensation and at no cost to the
Federal Government.
Treatment of participation of members in Department of
Defense civil military programs (sec. 594)
The House bill contained a provision (sec. 566) that would prohibit
the secretary of a military department from requiring or requesting a
service member to submit, for consideration by a selection board,
evidence of the service member's support and service to non-Department
of Defense organizations. In addition, the section would prohibit
promotion and selection boards from using involvement in civil-military
and community support programs as a special evaluation criteria.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit consideration
by promotion boards of voluntarily submitted information. The conferees
recognize that there are currently precise policies governing
communication with and information available to selection boards.
Comptroller General study of Department of Defense civil
military programs (sec. 595)
The House bill contained a provision (sec. 565) that would require
the Comptroller General to conduct a study to evaluate the civil
military programs of the military services.
The Senate amendment contained no similar provision.
The Senate recedes.
Establishment of public affairs specialty in the Army (sec. 596)
The House bill contained a provision (sec. 571) that would establish
public affairs as a special branch of the Army.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish a public
affairs speciality within the Army.
Grade of defense attache AE1 in France (sec. 597)
The Senate amendment contained a provision (sec. 557) that would
require the Secretary of Defense and Chairman of the Joint Chiefs of
Staff to ensure that the defense attache AE1 in France is an officer who
holds or is promotable to the grade of brigadier general or, in the case
of the Navy, rear admiral (lower half).
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on crew requirements of WC 130J aircraft (sec. 598)
The House bill contained a provision (sec. 564) that would preclude
navigator and other manpower requirements of units engaged in eyewall
penetration of tropical cyclones from being reduced below the
requirements established as of October 1, 1997 until the end of a
six-month period after the Secretary of the Air Force reports to the
Congress on the manpower requirements for WC 130J aircraft.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate the
prohibition on reducing personnel levels in WC 130J units, and would add
a requirement that the Secretary of the Air Force submit a plan to the
Congress for assisting personnel in these units transition to other
units or job specialities.
Improvement of missing persons authorities applicable to
Department of Defense (sec. 599)
The House bill contained a provision (sec. 568) that would restore
provisions pertaining to U.S. prisoners of war, those missing in action,
and unaccounted for persons, enacted in the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106) and
subsequently repealed by the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201). Specifically, the section would
expand the scope of current law by:
(1) Making it applicable to Department of Defense civilians and
contractors accompanying armed forces in the field;
(2) Establish a 48-hour suspense for the commander's initial report
of a missing person's status;
(3) Require the theater component commander's involvement in the
initial assessment of a missing person's status;
(4) Require the status of persons who were last known alive to be
reviewed every 3 years for 30 years following initial report;
(5) Re-establish criminal penalties for the knowing and willful
withholding of information from a missing person's file;
(6) Restore the requirement that a status review board (when making
determinations of death) must provide a description of the location of
body, if recovered, and, if the body is not identifiable, a
certification by ``a practitioner of an appropriate forensic science
that the body recovered is that of the missing person;'' and
(7) Restore the ability of certain persons to request status reviews
of a limited number of Korean War cases.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand current law:
(1) Making it applicable to certain Department of Defense civilians
and contractors in direct support of or accompanying armed forces in the
field;
(2) Require that an advisory copy of a missing person report be
provided to the theater component commander;
(3) Require that if a body is recovered, and is not identifiable by
visual means, a certification by a forensic pathologist that the body
recovered is that of the missing person is required before the status
may be changed;
(4) For pre-enactment cases, define ``new information'' as
information found or received by the primary next of kin, member of the
immediate family or a previously designated person or information that
is identified in records of the United States that is relevant to the
case of one or more unaccounted for persons, and require that such
information be credible before a new file is created;
(5) Require that the identity of the counsel for the missing person
be made known to the primary next of kin or the previously designated
person, and permit the primary next of kin or the previously designated
person to provide information to the counsel of the missing person in
connection with the initial review board;
(6) Require that an extract of any debriefing report be placed in
the file of every missing person mentioned in the report; require that
an extract of such debriefing reports be made available to family
members of missing persons, or if the reports are withheld, notify the
family that such information exists; and
(7) Require that, if as allowed by law, classified information is
withheld from the file of a missing person, the notice of that
withholding be made reasonably available to the families of the missing
person.
LEGISLATIVE PROVISIONS NOT ADOPTED
Time-in-grade requirements for reserve commissioned officers
retired during the drawdown period
The House bill contained a provision (sec. 514) that would authorize
the secretaries of the military departments to reduce the required time
in grade for a reserve officer to retire in the highest grade held from
three to not less than two years.
The Senate amendment contained no similar provision.
The House recedes.
Grade requirement for officers eligible to serve on
involuntary separation boards
The House bill contained a provision (sec. 516) that would reduce
the grade required for officer separation board members in the reserve
components from 0 6 and above to 0 5 and above.
The Senate amendment contained no similar provision.
The House recedes.
Study of new decorations for injury or death in line of duty
The House bill contained a provision (sec. 551) that would require
the Secretary of Defense, in cooperation with the secretaries of the
military departments and the Secretary of the Treasury with regard to
the Coast Guard, to determine the appropriate name, policy, award
criteria, and design for two new decorations.
The Senate amendment contained no similar provision.
The House recedes.
Suspension of temporary early retirement authority
The House bill contained a provision (sec. 561) that would suspend
the authorization for the early retirement program during fiscal year
1998.
The Senate amendment contained no similar provision.
The House recedes.
Recognizing the savings that can be achieved by using this authority
early in the year, the conferees reduced the amount authorized to be
appropriated to the Air Force for this program by $49.0 million.
Treatment of educational accomplishments of National Guard
ChalleNGe program participants
The House bill contained a provision (sec. 562) that would deem a
general education diploma certificate achieved as a result of the
individual's participation in a National Guard ChalleNGe program the
same as a high school diploma for the purpose of determining the
eligibility of the person for enlistment in the armed forces.
The Senate amendment contained no similar provision
The House recedes.
Repeal of certain staffing and safety requirements for the
Army Ranger Training Brigade
The Senate amendment contained a provision (sec. 524) that would
repeal section 4303 of title 10, United States Code, which specified
minimum manning levels for the Ranger Training Brigade and required the
establishment of training safety cells.
The House bill contained no similar provision.
The Senate recedes.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--PAY AND ALLOWANCES
Increase in basic pay for fiscal year 1998 (sec. 601)
The House bill contained a provision (sec. 601) that would provide a
2.8 percent military pay raise as proposed in the President's budget
request.
The Senate amendment contained a provision (sec. 601) that would
waive section 1009 of title 37, United States Code, and increase the
rates of basic pay for members of the uniformed services by 2.8 percent
effective January 1, 1998.
The Senate recedes with a clarifying amendment.
Reform of basic allowance for subsistence (sec. 602)
The House bill contained a provision (sec. 603) that would
re-engineer the basic allowance for subsistence (BAS) by providing the
Secretary of Defense greater flexibility to continue to pay BAS when
rations in kind are available; index the annual growth in the
subsistence allowance to increases in the cost of the moderate food plan
of the U.S. Department of Agriculture; and repeal the current process of
increasing the basic allowance for subsistence at the same rate as the
military pay raise.
The Senate amendment contained three provisions (sec. 611 613) that
would reform the BAS for all members of the uniformed services by
linking the BAS for officers and enlisted members to the Department of
Agriculture food plan indexes; provide a transition period during which
annual increases in the current enlisted allowance would be limited to
one percent until such time as the transition period allowance equals
the new Department of Agriculture based allowance; and provide a new,
partial subsistence allowance for junior enlisted personnel who are not
currently eligible for any subsistence allowance.
The House recedes with an amendment that would merge the provisions
into one.
Consolidation of basic allowance for quarters, variable
housing allowance, and overseas housing allowances (sec. 603)
The House bill contained a provision (sec. 604) that would
consolidate the basic allowance for quarters and the variable housing
allowance; would authorize $35.0 million to reduce out-of-pocket housing
costs for individuals receiving Basic Allowance for Quarters; would
index the annual growth in housing allowances to increases in the
national average monthly cost of housing; repeal the current process of
increasing the basic allowance for quarters at the same rate as the
military pay raise; incorporate the authorities for overseas station
housing allowance and family separation housing allowance; and would
protect service members from reductions in the rate of overseas station
allowance not attributable to fluctuations in foreign currency rates, so
long as the member's housing costs have not been reduced.
The Senate amendment contained six provisions (sec. 616, 617, 619
622) that would adopt a single, price-based housing allowance based on a
national index of housing costs and authorize a housing allowance that
would vary with pay grade and dependency status and would be based on
local private sector housing costs.
The Senate recedes with an amendment that would merge the provisions
into one, except that the conferees did not agree to authorize $35.0
million to reduce out-of-pocket housing costs.
Revision of authority to adjust compensation necessitated by
reform of subsistence and housing allowances (sec. 604)
The Senate amendment contained a provision (sec. 626) that would
revise the authority to adjust compensation of uniformed services
personnel when federal civilian pay is adjusted.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees direct the Secretary of Defense to study the need for
and cost effectiveness of establishing a locality pay system for
military personnel that is comparable to the system in place for federal
civilian employees, and to report the results of the study to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, not later than March 31, 1998.
Protection of total compensation of members while performing
certain duty (sec. 605)
The House bill contained a provision (sec. 602) that would repeal
the legislative link between military and federal civilian pay raises
and would require military pay raises to be independently calculated
using the Employment Cost Index and would ensure that total pay and
allowances of a service member will not be reduced when assigned to
field conditions at home station or temporary duty away from home
station.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure that the
total pay and allowances of a service member will not be reduced when
the service member is assigned to field duty at home station or to
temporary duty away from home station and would strike the remainder of
the provision.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
One-year extension of certain bonuses and special pay
authorities for reserve forces (sec. 611)
The House bill contained a provision (sec. 611) that would extend
the authority for the selected reserve reenlistment bonus, the selected
reserve enlistment bonus, the selected reserve affiliation bonus, the
ready reserve enlistment and reenlistment bonus, and the prior service
enlistment bonus until September 30, 1999.
The Senate amendment contained a provision (sec. 631) that would
extend the authority to pay the special pay for critically short wartime
health specialists in the Selected Reserve, the Selected Reserve
reenlistment bonuses, the Selected Reserve enlistment bonuses, the
special pay for enlisted members assigned to certain high priority units
in the Selected Reserve, the Selected Reserve affiliation bonus, the
Ready Reserve enlistment and reenlistment bonus, the repayment of loans
for certain health professionals who serve in the Selected Reserve, and
the prior service enlistment bonus until September 30, 1999.
The House recedes with a clarifying amendment.
One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists (sec. 612)
The House bill contained a provision (sec. 612) that would extend
the authority for the nurse officer candidate accession program, the
accession bonus for registered nurses, and the incentive special pay for
nurse anesthetists until September 30, 1999.
The Senate amendment contained a provision (sec. 632) that would
extend the authority to pay certain bonuses and special pays for nurse
officer candidates, registered nurses, and nurse anesthetists until
September 30, 1999.
The Senate recedes.
One-year extension of authorities relating to payment of
other bonuses and special pays (sec. 613)
The House bill contained a provision (sec. 613) that would extend
the authority for the aviation officer retention bonus, special pay for
health care professionals who serve in the selected reserve in
critically short wartime specialties, reenlistment bonus for active
members, enlistment bonuses for critical skills, special pay for
enlisted members of the selected reserve assigned to certain high
priority units, special pay for nuclear qualified officers extending the
period of active service, and nuclear career accession bonus to
September 30, 1999. The provision would also extend the authority for
repayment of educational loans for certain health professionals who
serve in the selected reserve and the nuclear career annual incentive
bonus until October 1, 1999.
The Senate amendment contained a provision (sec. 633) that would
extend the authority to pay the aviation officer retention bonus, the
reenlistment bonus for active members, the enlistment bonuses for
critical skills, the special pay for nuclear qualified officers
extending the period of active service, the nuclear career accession
bonus, and the nuclear career annual incentive bonus until September 30,
1999.
The Senate recedes with a clarifying amendment.
Increase in minimum monthly rate of hazardous duty incentive
pay for certain members (sec. 614)
The House bill contained a provision (sec. 614) that would increase
the amount paid to service members engaged in certain hazardous duties
to $150 a month; would increase the minimum amount paid to service
members engaged in non-aviator aircrew duties and air weapons controller
aircrew duties to $150 a month; and would increase the amount paid to
service members engaged in free fall parachute jumping to $225 a month.
The Senate amendment contained no similar provision.
The Senate recedes.
To provide for the increases, the conferees recommend an increase of
$22.1 million in the military personnel accounts.
Increase in aviation career incentive pay (sec. 615)
The Senate amendment contained a provision (sec. 634) that would
increase the aviation career incentive pay for aviators with more than
14 years of service. The recommended provision would be effective
October 1, 1998.
The House bill contained no similar provision.
The House recedes with an amendment that would change the effective
date to January 1, 1999.
Modification of aviation officer retention bonus (sec. 616)
The Senate amendment contained a provision (sec. 635) that increase
the maximum amount of the aviation officer continuation pay from $12,000
to $25,000.
The House bill contained no similar provision.
The House recedes with an amendment that would change the required
years of commitment to receive a bonus.
Availability of multiyear retention bonus for dental officers
(sec. 617)
The House bill contained a provision (sec. 615) that would amend
section 301d of title 37, United States Code, to give the Secretary of
Defense discretionary authority to provide multi-year contracts to
dental officers, particularly critical specialists. These contracts
would obligate dentists for up to four years and would enhance retention
and management of the dental corps. The provision would require that
dentists with a specialty in oral and maxillofacial surgery with at
least eight years of service be automatically eligible for these
contracts.
The Senate amendment contained a provision (sec. 636) that would
authorize multiyear retention bonuses for dental officers similar to
those authorized for medical officers.
The Senate recedes.
Increase in variable and additional special pays for certain
dental officers (sec. 618)
The House bill contained a provision (sec. 616) that would amend
section 302b(a) of title 37, United States Code, to increase special pay
for dental officers with eight or more years of service.
The Senate amendment contained a provision (sec. 637) that would
increase the amount of the special pay for dental officers of the armed
forces and modify the number of years of service required to qualify for
certain levels of the special pay.
The Senate recedes.
Availability of special pay for duty at designated hardship
duty locations (sec. 619)
The House bill contained a provision (sec. 617) that would authorize
a hardship duty pay for service members serving in locations that
present quality of life hardships up to a maximum of $300 per month.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Definition of sea duty for purposes of career sea pay (sec. 620)
The House bill contained a provision (sec. 651) that would authorize
duty on a ship-based staff to be designated as sea duty for the purpose
of qualifying for career sea pay.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of Selected Reserve reenlistment bonus (sec. 621)
The House bill contained a provision (sec. 618) that would
restructure the payment options available to the secretaries of the
military departments for the Selected Reserve reenlistment bonus, and
would extend the period of eligibility for the bonus from members with
less than 10 years total military service to members with less than 14
years service.
The Senate amendment contained a provision (sec. 638) that would
provide service secretaries discretionary authority to determine the
annual payment amounts for reserve reenlistment bonuses. The initial
payment would be limited to not more than one-half of the total bonus.
The recommended provision would also permit a member to receive a bonus
when electing a three-year term of reenlistment twice in lieu of a
single six-year term.
The House recedes with a clarifying amendment.
Modification of Selected Reserve enlistment bonus for former
enlisted members (sec. 622)
The House bill contained a provision (sec. 619) that would
restructure the payment options available to the secretaries of the
military departments for the Selected Reserve enlistment bonus for
former enlisted members, and would extend the period of eligibility for
the bonus from members with less than 10 years total military service to
those with less than 14 years service.
The Senate amendment contained a provision (sec. 639) that would
modify the Selected Reserve prior service enlistment bonus to permit a
member to receive a bonus for a three-year term of enlistment and a
subsequent three-year reenlistment in lieu of a single six-year
enlistment option.
The Senate recedes with a clarifying amendment.
Expansion of reserve affiliation bonus to include Coast Guard
Reserve (sec. 623)
The House bill contained a provision (sec. 623) that would extend
the authority to pay a bonus for separating active duty personnel who
agree to serve in a reserve unit to the Coast Guard Reserve.
The Senate amendment contained a similar provision.
The House recedes with a clarifying amendment.
Increase in special pay and bonuses for nuclear-qualified
officers (sec. 624)
The Senate amendment contained a provision (sec. 640) that would
increase the maximum authorized rate for three nuclear special pays and
bonuses for nuclear qualified officers of the Navy.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Provision of bonuses in lieu of special pay for enlisted
members extending tours of duty at designated locations overseas (sec.
625)
The House bill contained a provision (sec. 620) that would authorize
the payment of a bonus, as an alternative to a monthly special pay, to
enlisted members who extend their tours of duty overseas.
The Senate amendment contained a provision (sec. 641) that would
authorize the service secretaries to pay a lump sum payment of up to
$2,000 per year to qualified enlisted members who extend their duty at
designated overseas locations. The recommended provision:
(1) authorizes the service secretaries to fix the rate of payment as
of the date of the extension agreement is accepted by the service;
(2) establishes the government's ability to recover payments for
which service agreements are not completed; and
(3) removes the entitlement to such payment for those members who
elect to receive government-funded rest and recuperative absences or
transportation.
The House recedes with a clarifying amendment.
Increase in amount of family separation allowance (sec. 626)
The House bill contained a provision (sec. 621) that would increase
the amount of family separation allowance paid to service members to
$100 a month.
The Senate amendment contained no similar provision.
The Senate recedes.
To provide for the increase, the conferees agree to authorize an
increase of $25.0 million in the military personnel accounts.
Deadline for payment of Ready Reserve muster duty allowance (sec. 627)
The House bill contained a provision (sec. 622) that would authorize
the payment of the muster duty allowance not later than 30 days after
the service member performs the duty.
The Senate amendment contained a provision (sec. 627) that would
repeal the requirement that members of the Ready Reserve be paid for
muster duty on or before the date on which they perform the duty, and
would require that the allowance be paid on or before, but not later
than 30 days following the date on which the duty is performed.
The Senate recedes with a clarifying amendment.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Travel and transportation allowances for dependents before
approval of member's court-martial sentence (sec. 631)
The House bill contained a provision (sec. 631) that would remove
the restrictions on authorizing travel and transportation allowances to
a dependent of a service member who receives certain court-martial
sentences.
The Senate amendment contained a provision (sec. 662) that would
permit the service secretaries to move family members when a crime has
been committed by the military sponsor.
The Senate recedes with a clarifying amendment.
Dislocation allowance (sec. 632)
The House bill contained a provision (sec. 632) that would establish
grade-based rates for dislocation allowances and would index the annual
growth of dislocation allowances to increases in the national average
monthly cost of housing.
The Senate amendment contained a provision (sec. 618) that would
establish the amount of the dislocation allowance for a service member
to be equal to 160 percent of the national average cost of housing
determined for members of the same grade and dependency status and for
those service members entitled to a second dislocation allowance, the
second allowance would be equal to 130 percent of the national average
cost of housing determined for members of the same grade and dependency
status.
The Senate recedes with an amendment that would merge the provisions
into one.
SUBTITLE D--RETIRED PAY, SURVIVOR BENEFITS, AND RELATED MATTERS
One-year opportunity to discontinue participation in Survivor
Benefit Plan (sec. 641)
The Senate amendment contained a provision (sec. 651) that would
permit a participant in the Survivor Benefit Plan to elect to
discontinue participation at any time during a one-year period beginning
on the second year anniversary of the date on which the member retired.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Time in which change in survivor benefit coverage from former
spouse to spouse may be made (sec. 642)
The House bill contained a provision (sec. 641) that would remove
the requirement that service members may change the beneficiary for the
Survivor Benefit Plan from a former spouse to a spouse within one year
of the date of remarriage.
The Senate amendment contained a provision (sec. 652) that would
permit a military retiree to change the beneficiary of his or her
Survivor Benefit Plan from a former spouse to a current spouse at any
time after the retiree remarries.
The House recedes with a clarifying amendment.
Review of Federal former spouse protection laws (sec. 643)
The Senate amendment contained a provision (sec. 1039) that would
require the Secretary of Defense to conduct a comprehensive review of
the Uniformed Services Former Spouse Protection Act. The review would
include other laws affecting federal civil service retirement and
current civil practices regarding division of retirement pay or pensions
in order to assess whether the Uniformed Services Former Spouse
Protection Act should be amended. The recommended provision requires the
report to be provided to Congress by September 30, 1999.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the areas to
be considered during the review of the Uniformed Services Former Spouse
Protection Act.
Annuities for certain military surviving spouses (sec. 644)
The Senate amendment contained a provision (sec. 654) that would
authorize an annuity of $165 a month for surviving spouses of former
active duty service members who died before March 21, 1974, and were
retired from active duty. The recommended provision would also apply to
surviving spouses of service members retired from the reserves between
September 21, 1972 and October 1, 1978. These surviving spouses, known
as ``Forgotten Widows,'' are the survivors of retired military personnel
who died before any survivor benefit program was enacted.
The House bill contained no similar provision.
The House recedes.
Administration of benefits for so-called minimum income
widows (sec. 645)
The conferees agree to include a provision that would clarify the
authority of the Secretary of Veterans Affairs to consolidate certain
annuities currently paid by the Secretary of Defense to the widows of
military retirees into a single payment.
SUBTITLE E--OTHER MATTERS
Loan repayment program for commissioned officers in certain
health professions (sec. 651)
The House bill contained a provision (sec. 652) that would amend
chapter 109 of title 10, United States Code, to establish an education
loan repayment program for specific health professions.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Conformance of NOAA commissioned officers separation pay to
separation pay for members of other uniformed services (sec. 652)
The House bill contained a provision (sec. 653) that would remove
the limitations on the amount of separation pay that may be paid to
commissioned officers of the National Oceanic and Atmospheric
Administration (NOAA) and would exclude that portion of separation pay
withheld for income taxes from the amount that must be repaid before
becoming eligible for disability payments from the Department of
Veterans Affairs. This section would conform the separation pay
authority for NOAA commissioned officers with the separation pay
authority for members of the armed services.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Eligibility of Public Health Service officers and NOAA
commissioned corps officers for reimbursement of adoption expenses (sec.
653)
The House bill contained a provision (sec. 654) that would authorize
officers of the Commissioned Corps of the Public Health Service to
receive reimbursement for adoption expenses in the same manner as
members of the armed forces.
The Senate amendment contained a provision (sec. 663) that would
extend the authorization for reimbursement of adoption expenses in
effect for the armed forces to the Public Health Service and the
National Oceanic and Atmospheric Administration.
The House recedes with a clarifying amendment.
Payment of back quarters and subsistence allowances to World
War II veterans who served as guerrilla fighters in the Philippines
(sec. 654)
The House bill contained a provision (sec. 655) that would authorize
the payment of quarters and subsistence allowances to qualified
individuals who served as guerilla fighters during the period from
January 1942 through February 1945.
The Senate amendment contained no similar provision.
The Senate recedes.
Subsistence of members of the Armed Forces above the poverty
level (sec. 655)
The House bill contained a provision (sec. 657) that would direct
the Secretary of Defense to conduct a study of members of the armed
forces and their dependents who subsist at, near, or below the poverty
line.
The Senate amendment contained a similar provision (sec. 664).
The House recedes with a clarifying amendment.
The conferees do not intend that implementation of this provision
would cause current recipients of supplemental food benefits within the
United States to be removed from the program. The conferees encourage
the committees of jurisdiction to examine the need for a supplemental
food program for members of the armed services and eligible civilians
living overseas and provide the funding needed to operate the overseas
program while sustaining the program within the United States. The
conferees note that the Secretary of Defense may
use Department of Defense funds to conduct this program until
funding is received from the Secretary of Agriculture.
LEGISLATIVE PROVISIONS NOT ADOPTED
Space available travel for members of Selected Reserve
The House bill contained a provision (sec. 656) that would provide
authority for members of the Selected Reserve and their accompanying
dependents to receive transportation on Department of Defense aircraft
on a space available basis under the same terms and conditions that
apply to active duty members of the armed forces and their dependents.
The Senate amendment contained no similar provision.
The House recedes.
Implementation of Department of Defense Supplemental Food
Program for military personnel outside the United States
The House bill contained a provision (sec. 658) that would authorize
the Secretary of Defense to use operations and maintenance funding to
operate the program until funding is received from the Secretary of
Agriculture.
The Senate amendment contained a similar provision within section 664.
The House recedes.
Paid-up coverage under Survivor Benefit Plan
The Senate amendment contained a provision (sec. 653) that would
terminate Survivor Benefit Plan payments following 30 years of payments
and attaining the age of 70.
The House bill contained no similar provision.
The Senate recedes.
TITLE VII--HEALTH CARE PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--HEALTH CARE SERVICES
Expansion of retiree dental insurance plan to include
surviving spouse and child dependents of certain deceased members (sec.
701)
The House bill contained a provision (sec. 701) that would amend
section 1076c(b)(4) of title 10, United States Code, to allow the
survivors of members who died while on active duty to participate in the
retiree dental insurance plan.
The Senate amendment contained no similar provision.
The Senate recedes.
Provision of prosthetic devices to covered beneficiaries (sec. 702)
The House bill contained a provision (sec. 702) that would amend
section 1077(a) of title 10, United States Code, to allow for prosthetic
devices to be provided to CHAMPUS beneficiaries for significant
conditions, as determined by the Secretary of Defense.
The Senate amendment contained a similar provision (sec. 707).
The Senate recedes.
Study concerning the provision of comparative information (sec. 703)
The Senate amendment contained a provision (sec. 711) that would
require the Secretary of Defense to conduct a study concerning the
provision of information to TRICARE beneficiaries and report the results
to the Congress.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE B--TRICARE PROGRAM
Addition of definition of TRICARE program to title 10 (sec. 711)
The House bill contained a provision (sec. 711) that would amend
section 1072 of title 10, United States Code, to include a definition of
the TRICARE Program.
The Senate amendment contained no similar provision.
The Senate recedes.
Plan for expansion of managed care option of TRICARE program (sec. 712)
The House bill contained a provision (sec. 712) that would require
the Secretary of Defense to prepare a plan for expanding the managed
care option of TRICARE--TRICARE Prime--into areas located outside the
catchment areas of military treatment facilities where the Department
determines it is cost effective to do so.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
SUBTITLE C--UNIFORMED SERVICES TREATMENT FACILITIES
Implementation of designated provider agreements for
Uniformed Services Treatment Facilities (sec. 721)
The House bill contained a provision (sec. 721) that would amend
section 722(c) of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201) to clarify the implementation date of the
designated provider program of the Uniformed Services Treatment
Facilities (USTFs), and allow the USTFs to begin delivery of health care
services as a designated provider within six months of signing the new
designated provider agreement with the Department of Defense, or upon
implementation of TRICARE in the USTFs region, whichever date is later.
The Senate amendment contained a provision (sec. 731) that would
clarify the implementation date of the designated provider
program of the Uniformed Services Treatment Facilities (USTFs); allow
the USTFs to begin delivery of health care services as a designated
provider within six months of signing the new designated provider
agreement with the Department of Defense, or upon implementation of
TRICARE in the USTFs region, whichever date is later; require the
Secretary of Defense to submit to binding arbitration; impose limits on
contracting out primary care services and permit flexibility on the date
on which the uniform benefit must be implemented.
The Senate recedes.
Continued acquisition of reduced-cost drugs (sec. 722)
The House bill contained a provision (sec. 723) that would allow the
Uniform Services Treatment Facilities to continue to purchase
pharmaceuticals under the preferred pricing levels applicable to
government agency purchases.
The Senate amendment contained a similar provision (sec. 733).
The House recedes.
Limitation on total payments (sec. 723)
The House bill contained a provision (sec. 722) that would clarify
the limitation on total program payments established in section 726(b)
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104 201).
The Senate amendment contained a similar provision (sec. 732).
The House recedes.
SUBTITLE D--OTHER CHANGES TO EXISTING LAWS REGARDING HEALTH CARE
MANAGEMENT
Improvements in health care coverage and access for members
assigned to certain duty locations far from sources of care (sec. 731)
The Senate amendment contained a provision (sec. 701) that would
make active duty service members assigned to certain remote duty
locations eligible for health care under the Civilian Health and Medical
Program of the Uniformed Services (CHAMPUS), and would direct the
secretaries of the military departments to waive the annual fees,
deductibles, and copayments associated with CHAMPUS.
The House bill contained no similar amendment.
The House recedes with an amendment that would retain the Senate
provision and would direct the Secretary of Defense to improve the
supplemental care program consistent with the TRICARE program in order
to provide care to active duty personnel who are assigned to duty
locations more than 50 miles from a military treatment facility.
Waiver or reduction of copayments under overseas dental
program (sec. 732)
The House bill contained a provision (sec. 731) that would amend
section 1076a(h) of title 10, United States Code, to waive the dental
copayment requirements for family members of active-duty members
stationed overseas when they receive host-nation dental care under the
Overseas Dental Program.
The Senate amendment contained no similar provision.
The Senate recedes.
Premium collection requirements for medical and dental
insurance programs; extension of deadline for implementation of dental
insurance program for military retirees (sec. 733)
The House bill contained a provision (sec. 732) that would amend
section 1076b(b) and 1076c(c) of title 10, United States Code, to change
the premium collection method prescribed for the Selected Reserve Dental
Program and the Retiree Dental Program.
The Senate amendment contained a similar provision (sec. 705).
The Senate recedes with an amendment that would modify the date on
which the retiree dental plan must be effective.
The conferees continue to insist that the Secretary of Defense
provide comprehensive dental insurance programs for the Selected Reserve
and for retirees and their families at the lowest possible cost.
The conferees expect the Secretary of Defense to use the allotment
or payroll deduction process to the maximum extent possible for dental
insurance premium collection. The conferees urge the Secretary to review
the feasibility of including electronic funds transfer as an alternative
means of premium collection. The conferees expect the Secretary to
forward a legislative proposal if it is determined that electronic funds
transfer is a viable alternative and that legislation is required to
facilitate that method of premium collection.
The conferees urge the Secretary of Defense to develop a regional
premium similar to the common practices of the commercial insurance
industry to ensure that those who live in low-cost areas do not
subsidize those in higher cost areas. The conferees note that it is
common commercial practice to limit the availability of certain benefits
for some period of time after the beneficiary enrolls in the program, or
to require a minimum enrollment period. The conferees urge the Secretary
of Defense to consider including these commercial practices in the
retiree dental plan.
Dental insurance plan coverage for retirees of the Public
Health Service and NOAA (sec. 734)
The Senate amendment contained a provision (sec. 706) that would
extend eligibility for the retiree dental plan of the Department of
Defense to retirees of the Public Health Service and the National
Oceanic and Atmospheric Administration.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Consistency between CHAMPUS and Medicare in payment rates for
services (sec. 735)
The House bill contained a provision (sec. 733) that would amend
section 1079(h) of title 10, United States Code, to provide for greater
consistency between CHAMPUS reimbursement rates for health care services
and Medicare reimbursement rates.
The Senate amendment contained no similar provision.
The Senate recedes.
Use of personal services contracts for provision of health
care services and legal protection for providers (sec. 736)
The House bill contained a provision (sec. 734) that would clarify
that personal services contract employees providing health care
services, including fee-basis physicians, are covered by the same
malpractice litigation rules as other Department of Defense health care
providers and would enable the Secretary of Defense the authority to
provide for reasonable attorney's fees in any litigation in which
government attorneys do not provide representation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would sunset the provision
after one year, would require the Secretary of Defense to report to the
Congress on alternative methods to provide medical screening to the
Military Entrance and Processing stations, including use of the TRICARE
Managed Support contracts and outsourcing, and would extend the
authority to the Secretary of Transportation for the Coast Guard.
Portability of State licenses for Department of Defense
health care professionals (sec. 737)
The House bill contained a provision (sec. 735) that would amend
section 1094 of title 10, United States Code, to authorize members of
the armed forces licensed to practice medicine and other health
professions to practice such professions in any state, the District of
Columbia, or a territory or possession of the United States while
performing authorized duties for the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Standard form and requirements regarding claims for payment
for services (sec. 738)
The House bill contained a provision (sec. 736) that would amend
section 1106 of title 10, United States Code, to eliminate the
requirement for non-participating providers who provide services to
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
beneficiaries to submit claims for payment for services on behalf of the
beneficiary.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees believe that this provision will improve access to
health care by reducing the administrative burden on health care
providers which should make providing care under the CHAMPUS system more
attractive to these providers. Increasing the number of CHAMPUS
providers, especially in rural and under served areas, should enhance
the health care options for Department of Defense health care
beneficiaries. Beneficiaries who elect to receive care from a
non-participating health care provider may have to file a claim for
reimbursement from the CHAMPUS system. The conferees note that
eliminating the requirement for non-participating providers to submit
claims for payment for services on behalf of the beneficiary does not
apply to health care providers who participate in the TRICARE network.
Chiropractic health care demonstration program (sec. 739)
The Senate amendment contained a provision (sec. 709) that would
increase the number of sites and extend the length of the chiropractic
health care demonstration authorized by the National Defense
Authorization Act for Fiscal Year 1995.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE E--OTHER MATTERS
Continued admission of civilians as students in physician
assistant training program of Army Medical Department (sec. 741)
The House bill contained a provision (sec. 741) that would amend
chapter 407 of title 10, United States Code, to provide permanent
authority for a demonstration program established by the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103 337) to
allow students from civilian accredited institutions of higher education
to attend physician assistant training at the Academy of Health Sciences
at Fort Sam Houston, Texas, in return for the provision of certain
academic services from the respective civilian institutions.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Payment for emergency health care overseas for military and
civilian personnel of the On-Site Inspection Agency (sec. 742)
The House bill contained a provision (sec. 742) that would amend
chapter 152 of title 10, United States Code, to authorize the Secretary
of Defense to pay for emergency health care services obtained by a
military member, civilian employee, or contractor employee of the
On-Site Inspection Agency while on permanent or temporary duty in a
former Soviet Union or former Warsaw Pact state.
The Senate amendment contained a provision (sec. 702) that would
provide authority for the Secretary of Defense to pay for emergency
health care costs of military and civilian personnel assigned to the
On-Site Inspection Agency, while participating in arms control
inspections overseas, from funds available to the On-Site Inspection
Agency (OSIA).
The House recedes with a clarifying amendment.
Authority for agreement for use of medical resource facility,
Alamogordo, New Mexico (sec. 743)
The Senate amendment contained a provision (sec. 710) that would
permit the Secretary of the Air Force to enter into an agreement, the
contents of which are specified in the provision, with Gerald Champion
Hospital in Alamogordo, New Mexico in which the hospital would provide
health care services at a discount, provided that the facility is
constructed in part with funds provided by the Secretary of the Air
Force.
The House bill contained no similar amendment.
The House recedes with an amendment that would retain the essence of
the Senate provision but would require that the funds be provided from
Air Force Operations and Maintenance funds; would include additional
information in the agreement; and would require the Secretary of Defense
to review the proposed agreement and provide comments to the Congress
before the agreement could be signed.
Disclosures of cautionary information on prescription
medications (sec. 744)
The Senate amendment contained a provision (sec. 703) that would
require that each prescription dispensed through the Military Health
Care System, including the TRICARE and CHAMPUS programs, be accompanied
by information containing cautions about use, possible side effects, and
potential negative interaction with food or beverages.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Competitive procurement of certain ophthalmic services (sec. 745)
The House bill contained a provision (sec. 1405) that would require
the Secretary of Defense to competitively procure, from the private
sector, all ophthalmic services unless it is more cost effective or is
necessary to meet readiness requirements to perform these services
within the armed services.
The Senate amendment contained no similar provision.
The Senate recedes.
Comptroller General study of adequacy and effect of maximum
allowable charges for physicians under CHAMPUS (sec. 746)
The House bill contained a provision (sec. 743) that would require
the Comptroller General of the United States to study the adequacy of
the CHAMPUS reimbursement rates, and the effect of these rates on the
participation of physicians in the CHAMPUS program.
The Senate amendment contained no similar provision.
The Senate recedes.
Comptroller General study of Department of Defense pharmacy
programs (sec. 747)
The House bill contained a provision (sec. 744) that would
require the Comptroller General of the United States to
evaluate the pharmacy programs of the Department of Defense. The
required study would examine the merits and feasibility of establishing
a uniform formulary for military treatment facility pharmacies and
civilian contractor pharmacies.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require that the
study include a review of the merits and feasibility of using private
sector cost control mechanisms and the existence of any barriers to the
use of such mechanisms.
Comptroller General study of Navy graduate medical education
program (sec. 748)
The House bill contained a provision (sec. 745) that would require
the Comptroller General of the United States to evaluate recommendations
made by the Medical Education Policy Council of the Navy Bureau of
Medicine and Surgery to restructure the Navy's graduate medical
education program.
The Senate amendment contained no similar provision.
The Senate recedes.
Study of expansion of pharmaceuticals by mail program to
include additional Medicare-eligible covered beneficiaries (sec. 749)
The House bill contained a provision (sec. 746) that would require
the Secretary of Defense to provide a report to Congress, within six
months of enactment of this Act, on the feasibility, advisability and
cost of extending the current mail-order pharmacy program for
Medicare-eligible beneficiaries in areas affected by base closures to
all Medicare-eligible beneficiaries who do not reside near a military
medical treatment facility.
The Senate amendment contained no similar provision.
The Senate recedes.
Comptroller General study of requirement for military medical
facilities in the National Capital Region (sec. 750)
The House bill contained a provision (sec. 747) that would require
the Comptroller General to conduct a study to evaluate the requirement
for Army, Navy, and Air Force medical facilities in the National Capital
Region.
The Senate amendment contained no similar amendment.
The Senate recedes.
Report on policies and programs to promote healthy lifestyles
for members of the Armed Forces and their dependents (sec. 751)
The Senate amendment contained a provision (sec. 1042) that would
require the Secretary of Defense to report to the Congress on the
effectiveness of the policies and programs intended to promote healthy
lifestyles among members of the armed forces and their families.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress regarding quality health care for retirees (sec. 752)
The Senate amendment contained a provision (sec. 708) that would
express the sense of the Congress that the United States has a moral
obligation to provide quality health care to military retirees and their
families.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE F--PERSIAN GULF ILLNESS
Plan for health care services for Persian Gulf veterans (sec. 762)
The House bill contained a provision (sec. 752) that would require
the Secretary of Defense and the Secretary of Veterans Affairs to
prepare a joint plan to provide appropriate health care to Persian Gulf
veterans who suffer from a Gulf War illness.
The Senate amendment contained a similar amendment (sec. 752).
The Senate recedes with a clarifying amendment.
Comptroller General study of revised disability criteria for
physical evaluation boards (sec. 763)
The House bill contained a provision (sec. 753) that would require
the Comptroller General to conduct a study evaluating the revisions made
by the Secretary of Defense to the criteria used by Physical Evaluation
Boards to set disability ratings for members of the armed forces who are
no longer medically qualified for continuaton on active duty.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Medical care for certain reserves who served in Southwest
Asia during the Persian Gulf War (sec. 764)
The Senate amendment contained a provision (sec. 704) that would
entitle a member of a reserve component who is a Persian Gulf War
veteran, registers a symptom or illness in the Persian Gulf War Veterans
Health Surveillance System of the Department of Defense, and is not
otherwise entitled to medical and dental care from the Military Health
Care System to medical and dental care to the same extent and under the
same conditions as a member on active duty.
The House bill contained no similar provision.
The House recedes with an amendment that would entitle a member of a
reserve component who is a Persian Gulf War veteran, registers a symptom
or illness in the Persian Gulf War Veterans Health Surveillance System
of the Department of Defense, and is not otherwise entitled to medical
and dental care from the Military Health Care System or the Veterans
Affairs medical system to medical care to the same extent and under the
same conditions as a member on active duty.
Improved medical tracking system for members deployed
overseas in contingency or combat operations (sec. 765)
The House bill contained a provision (sec. 754) that would require
the Secretary of Defense to establish a system to assess the medical
condition of members of the armed forces who are deployed outside the
United States as part of a contingency operation.
The Senate amendment contained a similar provision (sec. 753).
The Senate recedes with a clarifying amendment.
Notice of use of investigational new drugs or drugs
unapproved for their applied use (sec. 766)
The House bill contained a provision (sec. 757) that would require
the Secretary of Defense to notify a member of the armed forces before
the member is administered an investigational new drug or a drug
unapproved for its applied use.
The Senate amendment contained a similar provision (sec. 756).
The Senate recedes with a clarifying amendment.
Sense of Congress regarding the deployment of specialized
units for detecting and monitoring chemical, biological, and similar
hazards in a theater of operations (sec. 768)
The House bill contained a provision (sec. 756) that would require
the Secretary of Defense to submit a plan to the Congress regarding the
deployment of a specialized unit of the armed forces with the capability
and expertise to detect and monitor the presence of chemical,
biological, and similar hazards.
The Senate amendment contained a similar provision (sec. 755).
The House recedes with an amendment that would express the Sense of
Congress that the Secretary of Defense, in conjunction with the Chairman
of the Joint Chiefs of Staff, should take such actions as are necessary
to ensure that units of the armed forces deployed in a theater of
operations for a contingency operation include specialized units with
the capability to detect and monitor the presence of chemical,
biological, and similar hazards.
Sense of Congress concerning Gulf War illness (sec. 771)
The House bill contained a provision (sec. 760) that would express
the sense of the Congress that all promising technology and treatments
related to Gulf War illness should be fully explored and tested to
facilitate treatment for members of the armed forces who are stricken
with Persian Gulf illness.
The Senate amendment contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Medical personnel conscience clause
The House bill contained a provision (sec. 737) that would require
the Secretary of Defense to establish a uniform policy with regard to a
conscience clause for abortion and family planning services. Under this
policy, medical personnel who, for moral, ethical, or religious reasons,
object to performing an abortion or to providing family planning
services would not be required to perform such procedures unless their
refusal to do so poses life-threatening risks to the patient.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the service policies with regard to
conscience clauses should be uniform. The conferees note that the Army
has proposed a policy change that would make their policy consistent
with that of the other services. Once the change is promulgated, the
Secretary of the Army is directed to provide a copy of the regulation to
the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
ITEMS OF SPECIAL INTEREST
Cost accounting standards board
The conferees believe that much progress has been made over the past
several years to bring needed reform and streamlining to the federal
acquisition process. However, the conferees note that concerns have been
raised that the cost accounting standards governing the allocation of
direct and indirect costs on government contracts, as promulgated by the
Cost Accounting Standards Board (CAS), are an impediment to acquisition
streamlining.
The conferees endorse the House report (H. Rept. 105 132), which
requires the General Accounting Office (GAO) to conduct a study that
would analyze and assess the mission of the CAS Board. The conferees
believe that such a study, in which all views are represented, would
help the Congress to determine the best way to balance the interest of
taxpayers and the need for greater acquisition streamlining.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Expansion of authority to enter into contracts crossing
fiscal years to all severable service contracts not exceeding a year
(sec. 801)
The House bill contained a provision (sec. 802) that would broaden
the current limited authority of the Department of Defense to expend
appropriated funds for severable service contracts that cross fiscal
years.
The Senate amendment contained a similar provision (sec. 803).
The House recedes with an amendment clarifying that the current
authority of the Coast Guard to expend funds for such contracts is
intended to be unaffected by the provision.
The conferees direct that the Secretary of Defense review the
Department's operations under this provision and no later than 30 days
after the end of both fiscal years 1998 and 1999 submit reports to the
congressional defense committees containing the following information
for each fiscal year:
(1) the total amount and sources of funds obligated under the
provision;
(2) the types of services procured under the provision;
(3) when the services were ordered and when provided; and
(4) the reasons in each case why the authority under the section was
required to be used.
A copy of each report shall be provided simultaneously to the
Comptroller General.
No later than 180 days after receipt of the report of the Department
of Defense for fiscal year 1999, the Comptroller General shall submit a
report to the congressional defense committees addressing:
(1) any abuses of the provision, such as efforts to circumvent
year-end spending limitations; and
(2) recommendations for legislative or administrative changes to the
authority under the section that the Comptroller General may believe to
be appropriate.
Vesting of title in the United States under contracts paid
under progress payment arrangements or similar arrangements (sec. 802)
The House bill contained a provision (sec. 803) that would establish
in statute the title vesting provisions currently used by the Department
of Defense in contractual agreements involving certain forms of contract
financing.
The Senate amendment contained a similar provision (sec. 812).
The House recedes.
Restriction on undefinitized contract actions (sec. 803)
The House bill contained a provision (sec. 804) that would add
disaster relief, humanitarian, and peacekeeping operations to the types
of operations for which the head of an agency may waive limitations on
the use of undefinitized contracts.
The Senate amendment contained a similar provision (sec. 802).
The House recedes.
Limitation and report on payment of restructuring costs under
defense contracts (sec. 804)
The House bill contained a provision (sec. 805) that would codify in
title 10, United States Code, the policy restrictions in section 8115 of
the Omnibus Appropriations Act for Fiscal Year 1997 (Public Law 104 208)
relating to the allowability of restructuring costs under defense
contracts. The House provision would also consolidate the requirements
of section 818 of the National Defense Authorization Act for Fiscal Year
1995 (Public 103 337) into a codifed provision.
The Senate amendment contained a provision (sec. 841) that would
extend for two years the reporting requirements under section 818 and
would require a report from the General Accounting Office on the effects
of defense business combinations on competition and on contract weapon
system prices.
The House recedes with an amendment combining the two provisions.
Multiyear procurement contracts (sec. 806)
The House bill contained a provision (sec. 807) that would provide
that no future multiyear procurement contract may be entered into by the
Secretary of Defense unless such contract is specifically authorized by
law in an act other than an appropriations act. The House provision
would also codify various requirements that the Secretary of Defense
must meet in order to enter into or to terminate a multiyear procurement
contract.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
requirement that future multiyear procurement contracts be authorized in
law to contracts in amounts over $500.0 million.
Audit of procurement of military clothing and
clothing-related items by military installations in the United States
(sec. 807)
The House bill contained a provision (sec. 810) that would require
the Department of Defense Inspector General to carry out a random audit
of procurements of goods by the military installations in fiscal years
1996 and 1997 to determine the extent to which such installations
procured goods made in countries other than the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the audit to a
determination of the extent to which military installations procured
military clothing and clothing-related items in procurements above
$2,500 in violation of the Buy American Act.
Limitation on allowability of compensation for certain
contractor personnel (sec. 808)
The Senate amendment contained a provision (sec. 804) that, for the
purpose of determining the allowability of costs under section 2324 of
title 10, United States Code, and section 306 of the Federal Property
and Administrative Services Act of 1949, would:
(1) limit the reimbursement of senior executive salaries to the
median of salary of senior executives in all public corporations with
annual sales in excess of $50.0 million, regardless of the size of the
company;
(2) define executive compensation to include the total amount of
wages, salary, bonuses, and deferred compensation that is recorded in
the contractor's cost accounting records for the year; and
(3) apply the limitations applicable to the five most highly-paid
executives of a contractor, or any division of a contractor.
The House bill contained no similar provision.
The House recedes with an amendment that would provide that the
limitation applies to costs incurred after January 1, 1998. In addition
to making other clarifying changes, the amendment would also provide
that no other limitation on the reimbursement of senior executive
salaries covered under this section shall apply after that date.
Elimination of certification requirement for grants (sec. 809)
The Senate amendment contained a provision (sec. 807) that would
eliminate the drug-free workplace certification requirements in relation
to federal grants in a similar manner provided for federal contracts in
section 4301(a)(3) of the National Defense Authorization Act for Fiscal
Year 1996.
The House bill contained no similar provision.
The House recedes.
The conferees strongly support the continued requirement that
persons accept and enforce the drug-free workplace laws as a condition
for the award of a contract or grant with a federal agency.
Repeal of limitation on adjustment of shipbuilding contracts (sec. 810)
The Senate amendment contained a provision (sec. 808) that would
repeal section 2405 of title 10, United States Code, and apply the
current six-year limitation for the submission of claims in the Contract
Disputes Act as the sole limitation on shipbuilding claims.
The House bill contained no similar provision.
The House recedes.
Item-by-item and country-by-country waivers of domestic
source limitations (sec. 811)
The House bill contained a provision (sec. 801) that would require
the Secretary of Defense to apply the waiver authority with respect to
section 2534 of title 10, United States Code only on a case-by-case
basis on specific procurements.
The Senate amendment contained a provision (sec. 809) that would
provide the Secretary of Defense with blanket waiver authority for the
domestic source restrictions in section 2534.
The Senate recedes with an amendment that would provide the
Secretary with the authority to grant waivers to the restrictions in
section 2534 for a particular item and a particular foreign country.
Each such waiver would be effective for up to one year, as determined by
the Secretary. The provision would require the Secretary, 15 days before
the effective date of a waiver, to notify the congressional defense
committees and to publish in the Federal Register a notice of the
determination to exercise the waiver.
SUBTITLE B--ACQUISITION ASSISTANCE PROGRAMS
One-year extension of pilot mentor-prote AE1ge AE1 program (sec. 821)
The Senate amendment contained a provision (sec. 822) that would
extend the period in which mentor firms may incur costs for furnishing
developmental assistance under the Department of Defense mentor-prote
AE1ge AE1 program until September 30, 2000. The provision would also
extend the period during which new agreements under the program may be
entered into until September 30, 1999.
The House bill contained no similar provision.
The House recedes with an amendment that would require the General
Accounting Office to review the implementation of the mentor-prote AE1ge
AE1 program and report on the extent to which the program is achieving
the purposes established under this section.
The conferees intend to use the results of this report in
reassessing the long-term viability of the mentor-prote AE1ge AE1
program during the next legislative cycle.
Test program for negotiation of comprehensive subcontracting
plans (sec. 822)
The Senate amendment contained a provision (sec. 823) that would
extend from September 30, 1998 to September 30, 2000 the expiration date
for the current test program for negotiating comprehensive
subcontracting plans with Department of Defense (DOD) contractors. The
provision would also address participating contractors acting as
subcontractors under a DOD prime contract by allowing them to include
their major subcontracts within their subcontracting plans.
The House bill contained no similar provision.
The House recedes.
The conferees believe that the DOD should expand the program in a
manner that would encourage prime contractors to enter the program on a
plant or facility basis.
SUBTITLE C--ADMINISTRATIVE PROVISIONS
Retention of expired funds during the pendency of contract
litigation (sec. 831)
The Senate amendment contained a provision (sec. 831) that would
permit federal agencies to retain amounts collected pursuant to the
Contract Disputes Act of 1978 to satisfy a settlement reached between
parties or a judgment rendered in favor of a contractor through the
Federal Courts or the Armed Services Board of Contract Appeals. The
provision would also require the Comptroller of the Department of
Defense to provide an annual report to Congress on the amounts available
for obligation under the authority of this provision.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the authority
under the provision to the military services and defense agencies, as
well as make other clarifying changes.
Protection of certain information from disclosure (sec. 832)
The Senate amendment contained a provision (sec. 832) that would
amend section 2371 of title 10, United States Code, to clarify that
certain information submitted by outside parties in transactions
governed by the authority under that section is protected from
disclosure under section 552 of title 5, United States Code.
The House bill contained no similar provision.
The House recedes.
Unit cost reports (sec. 833)
The Senate amendment contained a provision (sec. 834) that would
eliminate duplicative reporting requirements on unit costs of major
defense acquisition programs.
The House bill contained no similar provision.
The House recedes.
Plan for providing contracting information to general public
and small business (sec. 834)
The Senate amendment contained a provision (sec. 835) that would
require the Under Secretary of Defense (Acquisition and Technology) to
designate an official in his office to serve as a central point of
contact for persons seeking information about how and where to respond
to contract solicitations, procedures for being included on approved
suppliers lists, and other contracting information.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to develop a plan for improving the responsiveness of the
Department of Defense to persons from the general public and small
businesses seeking information on contracting and technology development
opportunities with the Department of Defense. Such plan is to include an
assessment of the designation of a single point of contact within the
Office of the Secretary of Defense for that purpose.
Two-year extension of crediting of certain purchases toward
meeting subcontracting goals (sec. 835)
The conferees agree to include a provision that would extend for an
additional two years the authority to credit purchases from qualified
nonprofit agencies for the blind or other severely handicapped toward
meeting subcontracting goals of defense contractors.
SUBTITLE D--OTHER MATTERS
Repeal of certain acquisition requirements and reports (sec. 841)
The House bill contained a provision (sec. 821) that would repeal a
number of miscellaneous acquisition reporting requirements.
The Senate amendment contained similar repeals (secs. 801 and 833).
The Senate recedes with an amendment that would combine certain
elements from both provisions.
Use of major range and test facility installations by
commercial entities (sec. 842)
The House bill contained a provision (sec. 822) that would amend
section 2681 of title 10, United States Code, to delay for two years the
expiration of existing authority allowing the Department of Defense test
and evaluation facilities to make excess capacity available to the
commercial sector.
The Senate amendment contained a similar provision (sec. 232) that
would delay the expiration of the authority in section 2681 for three
years.
The House recedes with an amendment that would delay the expiration
of the authority for four years.
Requirement to develop and maintain list of firms not
eligible for defense contracts (sec. 843)
The House bill contained a provision (sec. 823) that would amend
section 2327 of title 10, United States Code, to require the Secretary
of Defense to develop and maintain a list of all firms and subsidiaries
of firms that, for the preceding five years, have been prohibited from
entering into contracts with the Department of Defense because of
substantial ownership by a foreign government supporting acts of
international terrorism. The House provision would also prohibit defense
contractors from providing any equipment, parts, or services to the
Department of Defense from such listed firms.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow individuals to
request the Secretary of Defense to have firms included on the list. The
provision would also exclude listed firms from receiving subcontracts
under contracts with the Department of Defense in a manner similar to
firms that are suspended or debarred under subpart 9.4 of the Federal
Acquisition Regulation.
Sense of Congress regarding allowability of costs of employee
stock ownership plans (sec. 844)
The House bill contained a provision (sec. 824) that would prohibit
the Secretary of Defense from making a determination of the allowability
of costs of employee stock ownership plans (ESOP), in accordance with a
rule that had been proposed and withdrawn in prior years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express the sense of
Congress that the Defense Contract Audit Agency (DCAA) should not
disallow interest costs associated with ESOPs incurred before January 1,
1994. It also states that the Department of Defense should not disallow
costs related to ESOP debt, control premiums, or marketability discounts
associated with the valuation of ESOP stock of closely held companies
that were incurred before January 1, 1995.
The conferees have been informed that retroactive application of
changes to DCAA policy on these issues could have severe economic
consequences for ESOP defense contractors. Therefore, the conferees have
included a provision that would address retroactivity. The provision is
not intended to pass judgment on the changes. The conferees do not
intend that the provision supercede any agreement that a contractor may
have entered into with the Department of Defense that provides for a
different treatment of ESOP costs.
The conferees understand that a number of other federal agencies may
have an interest in the accounting rules applicable to ESOP costs. The
conferees direct the Secretary to consult with the Office of Management
and Budget, the General Accounting Office, and accounting experts in
such other federal agencies to determine whether a consistent,
government-wide approach to the relevant accounting and policy issues
can be developed. Any interagency process addressing these issues should
provide for public comment.
Expansion of personnel eligible to participate in
demonstration project relating to acquisition workforce (sec. 845)
The House bill contained a provision (sec. 825) that would expand
the personnel eligible to participate in the workforce demonstration
project authorized in section 4308 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104 106).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit to 95,000 the
total number of persons who may participate in the demonstration
project.
Time for submission of annual report relating to Buy American
Act (sec. 846)
The House bill contained a provision (sec. 826) that would reduce
the time for the Department of Defense to prepare and submit the annual
report relating to the Buy American Act required under section 827 of
the National Defense Authorization Act for Fiscal Year 1997 from 120 to
60 days after the end of each fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a report 90
days after the end of each fiscal year.
Repeal of requirement for contractor guarantees on major
weapon systems (sec. 847)
The House bill contained a provision (sec. 1503) that would repeal
section 2403 of title 10, United States Code, requiring the Secretary of
Defense to obtain contractor guarantees on major weapon systems
contracts.
The Senate amendment contained a provision (sec. 811) that would
modify the requirements in section 2403 to provide flexibility
to the Secretary of Defense and the secretaries of the military services
to decide the appropriate use of such contractor guarantees.
The Senate recedes.
The conferees direct the Secretary of Defense to issue regulations
to ensure that program managers actively and thoroughly examine the
value and utility of contractor guarantees on major systems and pursue
such guarantees where appropriate and cost effective.
Requirements relating to micro-purchases (sec. 848)
The House bill contained a provision (sec. 1504) that would require
the use of micro-purchase methods for contracts below the micro-purchase
threshold unless a member of the Senior Executive Service or a general
or flag officer makes a written determination that such procedures
should not apply for specified reasons.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to ensure that 60 percent of all eligible purchases
of goods or services for an amount less than the micro-purchase
threshold will be made through streamlined micro-purchase procedures by
October 1, 1998 and that 90 percent of such purchases be made through
streamlined procedures by October 1, 2000. The provision would require
the Secretary of Defense to define ``eligible purchases'' for the
purposes of this requirement and to exclude those categories of
purchases determined not to be appropriate or practicable for
streamlined micro-purchase procedures. The provision would also require
the Secretary of Defense to provide a plan implementing the requirements
under this section by March 1, 1998, and to annually report through
March 1, 2001 on procurement actions by the Department of Defense for
amounts less than the micro-purchase threshold.
Promotion rate for officers in an acquisition corps (sec. 849)
The Senate amendment contained a provision (sec. 843) that would
require the Under Secretary of Defense for Acquisition and Technology to
report annually through October 1, 2000 on the extent to which each
military service is complying with promotion opportunity requirement in
section 1731(b) of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Use of electronic commerce in federal procurement (sec. 850)
The Senate amendment contained a provision (sec. 844) that would
allow federal agencies greater flexibility in implementing uniformly the
electronic commerce capability requirements in the Federal Acquisition
Streamlining Act of 1994.
The House bill contained no similar provision.
The House recedes with an amendment that would require the heads of
agencies to give due consideration to the use or partial use of existing
electronic commerce systems, such as the Federal Acquisition Computer
Network (FACNET), before developing new systems using this authority.
The amendment would also require the Administrator for Federal
Procurement Policy to submit annual reports to the Congress detailing
progress made in implementing this section.
Conformance of policy on performance based management of
civilian acquisition programs with policy established for defense
acquisition programs (sec. 851)
The Senate amendment contained a provision (sec. 845) that would
conform the policy on performance based management of civilian
acquisition programs with the similar policy applicable to defense
acquisition programs under the Federal Acquisition Streamlining Act of
1994 (Public Law 103 355).
The House bill contained no similar provision.
The House recedes.
Modification of process requirements for the solutions-based
contracting pilot program (sec. 852)
The Senate amendment contained a provision (sec. 846) that would
amend the solutions-based contracting pilot program established in
section 5312 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104 106).
The House bill contained no similar provision.
The House recedes.
Guidance and standards for defense acquisition workforce
training requirements (sec. 853)
The Senate amendment contained a provision (sec. 847) that would
extend for an additional two years the authority of the Department of
Defense to use alternative fulfillment standards for purposes of the
training requirements in the Defense Acquisition Workforce Improvement
Act (title XII of Public Law 101 510).
The House bill contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of Defense to develop appropriate guidance and standards to ensure that
the Department will continue to contract out the training of acquisition
personnel in appropriate cases while maintaining necessary control over
the content and quality of such training.
Study and report to Congress assessing dependence on foreign
sources for resistors and capacitors (sec. 854)
The House bill contained a provision (sec. 1061) that would require
the Secretary of Defense to conduct a study of the capacitor and
resistor industries in the United States to determine the importance of
the industry to national security and the impact on the industry of the
removal of tariffs under the Information Technology Agreement.
The Senate amendment contained a similar provision (sec. 1048).
The House recedes with an amendment.
The conferees believe that, in preparing the study, the Secretary of
Defense should consider industries involved with the development and
manufacture of the full spectrum of capacitors and resistors, including
fixed resistors, wirewound resistors, film resistors, solid tantalum
capacitors, multi-layer ceramic capacitors, wet tantalum capacitors,
disc ceramic capacitors, aluminum electrolytic capacitors, film
capacitors, and oil-filled capacitors.
Department of Defense and Federal Prison Industries joint
study (sec. 855)
The Senate amendment contained a provision (sec. 848) that would
require the Department of Defense (DOD) and Federal Prison Industries
(FPI) to jointly conduct a study of the existing procedures that govern
procurement transactions between DOD and FPI, and to make
recommendations to improve the efficiency and reduce the cost of such
transactions.
The House bill contained no similar provision.
The House recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Domestic source limitation amendments
The House bill contained a provision (sec. 808) that would amend
section 2534 of title 10, United States Code, to add shipboard work
stations to the list of naval vessel components required to be procured
from domestic sources. The provision would also make permanent the
expired requirement to procure certain valves and machine tools from
domestic sources.
The Senate amendment contained no similar provision.
The House recedes.
Repeal of expiration of domestic source limitation for
certain naval vessel propellers
The House bill contained a provision (sec. 809) that would amend
section 2534 of title 10, United States Code, to make the existing
limitation on the procurement of naval vessel propellers permanent.
The Senate amendment contained no similar provision.
The House recedes.
Availability of simplified procedures to commercial item procurements
The House bill contained a provision (sec. 1505) that would revise
the authority in section 2304 of title 10, United States Code, and in
section 303 of title 41, United States Code, to test simplified
procedures for commercial item procurements. The provision would allow
such test procedures to be used in cases where a contracting officer
reasonably expects that offers will include other than commercial items.
The Senate amendment contained no similar provision.
The House recedes.
Price preference for small and disadvantaged businesses
The Senate amendment contained a provision (sec. 824) that would
condition the use of the 10 percent price preference in section 2323 of
title 10, United States Code, on the failure of the Department of
Defense to meet in the prior fiscal year the five percent goal specified
in section 2323.
The House bill contained no similar provision.
The Senate recedes.
The Senate conferees intend to review the need for continuing the
price preference authority during hearings next year and may include in
a future defense bill a provision similar to that contained in the
Senate amendment.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--DEPARTMENT OF DEFENSE POSITIONS AND ORGANIZATIONS AND OTHER
GENERAL MATTERS
Assistants to the Chairman of the Joint Chiefs of Staff for
National Guard Matters and for Reserve Matters (sec. 901)
The Senate amendment contained a provision (sec. 905) that would
establish the position of Senior Representative of the National Guard
Bureau in the grade of general and would add this position as a member
of the Joint Chiefs of Staff.
The House bill contained no similar provision.
The House recedes with an amendment that would establish two
positions on the Joint Staff. There would be an Assistant to the
Chairman of the Joint Chiefs of Staff for National Guard Matters and an
Assistant to the Chairman of the Joint Chiefs of Staff for Reserve
Matters. These positions would be established in the grade of major
general, or in the case of the Navy, rear admiral. The provision would
establish the term of office as two years and incumbents may be
reappointed for one additional term. In time of war, the term limit
would be suspended.
The provision would establish a procedure for appointing the
Assistant to the Chairman of the Joint Chiefs of Staff for National
Guard Matters in which the Governors would recommend National Guard
officers to fill the position. The conferees appreciate the necessity
for the Governors to participate in the selection process for this
important position. The procedure for appointing the Assistant to the
Chairman of the Joint Chiefs of Staff for Reserve Matters requires the
secretaries of the military departments to recommend officers from their
respective reserve force. As in the case of the National Guard, the
conferees believe that the participation of the secretaries of the
military departments is an essential element of the selection process
for the Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters.
The conferees recognize that there currently is a Reserve
Mobilization Assistant position, filled by a National Guard major
general, assigned to the Office of the Director of the Joint Staff. The
conferees established the two new positions in lieu of the current
position to ensure that the Chairman and the Joint Staff have the
benefit of the best advice with regard to all the reserve forces, in
particular as it pertains to their unique capabilities and requirements.
The conferees urge the Chairman of the Joint Chiefs of Staff to
ensure that these assistants have access to the Joint Staff and that
they are included in discussions pertaining to resource matters,
employment of National Guard or reserve forces, and war plans. The
conferees expect that the Secretary of Defense and the Chairman of the
Joint Chiefs will ensure that these assistants are able to participate,
at the appropriate level, in the Defense Resources Board.
The provision would also require that the Secretary of Defense, in
consultation with the Chairman, develop appropriate guidance to ensure
that the level of reserve component officer representation on the Joint
Staff is commensurate to the significant and important role assigned to
reserve components in the total force. The conferees are convinced that
reserve component officers are an excellent resource of expertise and
experience that would add a valuable perspective to the increasingly
complex mission of the Joint Staff.
The conferees note that the requirements of this provision are
intended to be implemented within the clearly established principles of
the Goldwater-Nichols Department of Defense Reorganization Act of 1986
(Public Law 99 433), which vests the Chairman with unequivocal control
over the selection and management of all officers assigned to the Joint
Staff. While the conferees find it appropriate to establish these two
positions to ensure that advice on reserve component matters provided to
the Chairman is of the highest quality and value, in no way are these
positions intended to operate independently from or in conflict with the
direction of the Chairman.
The common purpose of protecting U.S. national security interests
must remain the paramount concern for all components of the total force.
The mission must not be undermined by continued feuding over resources,
bureaucratic standing, and attempts to enhance political equities. The
conferees are dismayed and frustrated with the animosity and mistrust
that exists between the Army and the National Guard. The conferees
expect the Secretary of Defense, the Secretary of the Army, and the
Chief of Staff of the Army to work with the Chief of the National Guard
Bureau and The Adjutants General to resolve the divisive sentiments and
suspicion that exists on both sides. The Secretary of Defense must
ensure that the Secretary of the Army does not treat the National Guard
in a cavalier manner, ignoring valid requirements and intentionally
under-resourcing the National Guard, with the assumption that Congress
will make up the shortfalls. The National Guard must work within the
existing systems and processes to ensure that National Guard units are
able to complement the active force and are ready to meet the wartime or
contingency requirements they may be deployed to meet.
Use of CINC Initiative Fund for force protection (sec. 902)
The Senate amendment contained a provision (sec. 903) that would
provide the commanders-in-chief (CINCs) with the authority to utilize
funding from the CINC Initiative Fund to provide for any force
protection requirements that emerge in their respective areas of
operation.
The House bill contained no similar provision.
The House recedes.
Revision to required frequency for provision of policy
guidance for contingency plans (sec. 903)
The House bill contained a provision (sec. 906) that would amend
section 113(g)(2) of title 10, United States Code, to permit policy
guidance for contingency plans to be given every two years or more
frequently, as needed, rather than annually.
The Senate amendment contained no similar provision.
The Senate recedes.
Annual justification for Department of Defense advisory
committees (sec. 904)
The House bill contained a provision (sec. 1508) that would
terminate existing advisory committees, would prohibit any future
advisory committee, board, or commission, unless established in law, and
would require the Secretary of Defense to submit an annual report
justifying any advisory committee the Secretary proposes to support in
the next fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit an annual report justifying any advisory
committee the Secretary proposes to support in the next fiscal year.
Defense Airborne Reconnaissance Office (sec. 905)
The House bill contained a provision (sec. 907) that would terminate
the Defense Airborne Reconnaissance Office (DARO) and transfer its
oversight responsibilities to the Defense Intelligence Agency (DIA).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would transfer the
airborne reconnaissance systems acquisition and program management
responsibilities from the DARO and the unmanned aerial vehicle joint
program office (UAV JPO) back to the military services and retains
Office of the Secretary of Defense (OSD)-level oversight
responsibilities for airborne reconnaissance architecture determination
and systems interface requirements within the DARO. The conferees direct
the Secretary of Defense to ensure that the Task Force on Defense Reform
makes specific recommendations for the distribution of authority to
carry out legitimate management oversight responsibilities for airborne
reconnaissance programs within the OSD and the UAV JPO. The conferees do
not intend to make any changes within the cruise missile activities of
the UAV JPO. The conferees
understand that a principal focus of the Task Force is
ensuring that program management-like responsibilities within OSD are
shifted to the Service or Defense Agencies. The conferees expect that
the Task Force recommendations will address this specific issue, as well
as the appropriate organizational relationships for overseeing airborne
reconnaissance programs within OSD.
The conferees agree with the concerns that led to the House
provision. The congressional defense committees have repeatedly stated
concerns with respect to both manned and unmanned airborne
reconnaissance, yet there has been little improvement noted. The
conferees note the Hicks & Associates report, which recommends that the
OSD should focus ``exclusively on top leadership and management tasks,
assigning program management and execution tasks and lower priority
tasks elsewhere in DOD.'' This report goes on to say that ``OSD is a
staff and advisory component . . .'' that should divest itself of
hands-on management. The conferees agree.
The conferees believe there is a very different environment with
respect to joint operations and developments in the Pentagon today than
existed when the Congress first directed creation of the DARO in 1993.
The changes include: strengthened oversight by the Joint Requirements
Oversight Council (JROC); the Chairman of the JROC (or the Director for
Force Structure, Resources, and Assessment) participation as a member of
the Defense Acquisition Board, and the Defense Airborne Reconnaissance
Steering Committee to monitor joint reconnaissance issues. The conferees
believe this senior oversight can provide sufficient direction, control,
and monitoring of service efforts to ensure joint interoperability of
reconnaissance systems.
The conferees also believe that there should be a coordinating
management function within OSD specifically charged with oversight of
service airborne reconnaissance systems and their development. Whatever
the final repository of the airborne reconnaissance management oversight
function within the OSD organization, the conferees intend that the
responsibilities of the position be limited to coordinating budget
developments, ensuring adherence to standards and interoperability
requirements, and avoiding unnecessary duplication of effort. The
conferees believe that:
(1) a streamlined DARO can provide the proper OSD management
oversight, coupled with the necessary JROC requirements direction, while
devolving the authorities and responsibilities for equipping the
military forces to the services; and
(2) legitimate management oversight does not include either
controlling execution year obligation of operations and maintenance
funding, or acting as the acquisition agent for airborne reconnaissance
systems.
The conferees direct the Secretary of Defense to provide the
Congress with a plan to implement the directed reorganization and
transfers of authority, based on the Task Force report, no later than
March 1, 1998. The conferees direct the Secretary to complete
implementation of the plan not later than September 30, 1998.
Termination of Armed Services Patent Advisory Board (sec. 906)
The House bill contained a provision (sec. 1506) that would
terminate the Armed Services Patent Advisory Board and transfer the
functions of the board to the Defense Technology Security
Administration.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Department of Defense to provide adequate
staff resources to the Defense Technology Security Agency to support the
functions of the agency including those transferred from the Armed
Services Patent Advisory Board under this provision.
Coordination of Department of Defense criminal investigations
and audits (sec. 907)
The House bill contained a provision (sec. 1507) that would create
two new statutory boards in the Department of Defense: a Board on
Criminal Investigations, consisting of the Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence and the
heads of the three military criminal investigative organizations; and a
Board on Audits, consisting of the Under Secretary of Defense
(Comptroller), the Auditors General of the military departments, and the
Director of the Defense Contract Audit Agency. The Department of Defense
Inspector General would be a nonvoting member of both boards. These
boards would be charged with providing for cooperation among the
military departments' criminal investigative and audit organizations to
avoid duplication of effort and maximize resources.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the heads of
the military departments' criminal investigative and auditing
organizations to take such actions as may be practicable to conserve
limited resources by sharing personnel, expertise, infrastructure,
training, equipment, software, and other resources. These officials are
to meet on a regular basis to determine the manner and extent to which
such resources will be shared. The Secretary of Defense shall submit, by
December 31, 1997, a plan to maximize the resources available to these
organizations.
This provision is not intended to affect the responsibility of the
Under Secretary of Defense (Comptroller); the Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence; or the
secretaries of the military departments for determining resource
allocation and related policies for audit and investigative
organizations in the Department of Defense. In addition, it is not
intended to affect the existing authority of the Inspector General of
the Department of Defense regarding the coordination of audit and
investigative functions within the Department of Defense.
SUBTITLE B--DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT
Reduction in personnel assigned to management headquarters
and headquarters support activities (sec. 911)
The House bill contained a provision (sec. 1301) that would require
the Secretary of Defense to reduce the number of personnel assigned to
management headquarters and headquarters support activities by 25
percent over four years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a 25 percent
reduction in the number of personnel assigned to management headquarters
and headquarters support activities over five years, would direct a five
percent reduction in the number of personnel assigned to management
headquarters and headquarters support activities during fiscal year
1998, would direct a five percent reduction in the number of personnel
assigned to management headquarters and headquarters support activities
within the United States Transportation Command during fiscal year 1998,
and would direct the Secretary of Defense to require the Task Force on
Defense Reform to include an examination of the missions, functions, and
responsibilities of various headquarters activities and management
headquarters support activities and to submit a report on the results of
the examination by the Task Force on Defense Reform to the Congress not
later than March 1, 1998.
The conferees intend that the reductions in the United States
Transportation Command made during fiscal year 1998 count towards the
aggregate Department-wide reduction of five percent.
Additional reduction in defense acquisition workforce (sec. 912)
The House bill contained a provision (sec. 1302) that would mandate
a reduction in the size of the defense acquisition workforce by 124,000
individuals by October 1, 2001. The provision would require a phased
implementation of the reduction and include a requirement to reduce the
size of the workforce by 40,000 individuals in fiscal year 1998.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a reduction
of 25,000 in the number of defense acquisition personnel positions in
fiscal year 1998. The provision would provide authority for the
Secretary of Defense to waive up to 15,000 of that number based on a
determination that a greater reduction would be inconsistent with
cost-effective management of the defense acquisition system to obtain
best value equipment and would adversely affect military readiness. The
provision would also require a report on the reduction in the number of
acquisition positions in the Department of Defense since 1989 and a
definition of the defense acquisition workforce that can be uniformly
applied throughout the Department of Defense. With regard to the
definition, the conferees are encouraged by the foundational analysis of
the issue recently completed for the Department of Defense by an outside
contractor.
The provision would also require a review of acquisition
organizations and functions by both the Secretary of Defense and the
Task Force on Defense Reform. The conferees expect that these reviews
will be conducted in a thorough manner and that the reports by the
Secretary of Defense on these reviews will be submitted to Congress in a
timely fashion.
SUBTITLE C--DEPARTMENT OF DEFENSE SCHOOLS AND CENTERS
Professional military education schools (sec. 921)
The House bill contained a provision (sec. 902) that would modify
the definition of the National Defense University by adding the
Information Resources Management College, and would also clarify the
authority of the Secretary of Defense to hire professors, lecturers, and
instructors for the Information Resources Management College.
The Senate amendment contained a provision (sec. 902) that would
designate the Information Resources Management College as a component of
the National Defense University. The recommended provision would also
make a technical change to the name of the Institute for National
Strategic Study to read the Institute for National Strategic Studies,
and would include the Marine Corps University among professional
military education schools.
The House recedes with an amendment that would meld the two
provisions into one.
Center for Hemispheric Defense Studies (sec. 922)
The Senate amendment contained a provision (sec. 906) that would
include the Center for Hemispheric Defense Studies as a component of the
National Defense University.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Correction to reference to George C. Marshall European Center
for Security Studies (sec. 923)
The Senate amendment contained a provision (sec. 1106) that would
permit employees of the George C. Marshall European Center for Security
Studies to qualify for naturalization by waiving the permanent residency
requirements.
The House bill contained no similar provision.
The House recedes with an amendment that would provide employees of
the George C. Marshall European Center for Security Studies the same
status as was provided for employees of the United States Army Russian
Institute, the former name of the George C. Marshall Center. The
amendment would not waive the permanent residency requirements.
SUBTITLE D--DEPARTMENT OF DEFENSE INTELLIGENCE-RELATED MATTERS
Transfer of certain military department programs from TIARA
budget aggregation (sec. 931)
The Senate amendment contained a provision (sec. 904) that would
transfer specified programs from the Tactical Intelligence and Related
Activities (TIARA) aggregation to other accounts of the
military services.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1) retain the
directed TIARA program transfers as specified in the original Senate
provision; (2) require an assessment by the Secretary of Defense as to
the adequacy and currency of current criteria for judging which programs
belong in the TIARA aggregation; and (3) provide the Secretary with
discretion to defer any directed transfer based on the outcome of his
assessment.
Report on coordination of access of commanders and deployed
units to intelligence collected and analyzed by the intelligence
community (sec. 932)
The Senate amendment contained a provision (sec. 1061) that would
require the Secretary of Defense to report to the Congress regarding the
specific steps taken or that are being taken to ensure adequate
coordination of operational intelligence support for combatant
commanders and deployed units.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Protection of imagery, imagery intelligence, and geospatial
information and data (sec. 933)
The Senate amendment contained a provision (sec. 1062) that would
amend sections 455 and 467 of title 10, United States Code, to clarify
the authority of the Secretary of Defense to permit selective releases
of geospatial information representing little military value while
protecting the most sensitive information.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
POW/MIA intelligence analysis (sec. 934)
The Senate amendment contained a provision (sec. 1067) that would
direct the Director of Central Intelligence, in consultation with the
Secretary of Defense, to provide intelligence analytical support on
matter concerning missing persons to all departments and agencies of the
Federal Government involved in such matters.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on operation and support funds for the Office of
the Secretary of Defense
The House bill contained a provision (sec. 901) that would reduce
the funding associated with the operation and support activities of the
Office of the Secretary of Defense (OSD) by twenty percent, and would
restrict the obligation of ten percent of funding authorized in fiscal
year 1998 until the Department conforms to the requirements of section
901 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104 106) and section 904 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201).
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain concerned with the Department's non-compliance
with section 901 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106) that requires a report on specific plans
for improving organizational efficiency and effectiveness of the Office
of the Secretary (OSD). In addition, the conferees note that OSD failed
to implement personnel reductions at a rate sufficient to achieve the
statutory requirement by October 1, 1997, as specified in section 903 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104 201).
Center for the Study of Chinese Military Affairs
The House bill contained a provision (sec. 904) that would require
the Department of Defense to establish a Center for the Study of Chinese
Military Affairs.
The Senate amendment contained no similar provision.
The House recedes.
White House Communications Agency
The House bill contained a provision (sec. 905) that would limit
funding for the White House Communications Agency (WHCA) to $55.0
million, an amount slightly below fiscal year 1997 levels.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that Department of Defense funds for WHCA
should only be spent on telecommunication support for the President, and
the Department should be reimbursed for non-telecommunication support
services.
The WHCA is staffed with approximately eight civilians and 908
military personnel. Of those 908 military positions, 103 are for the
provision of non-telecommunications support services. The conferees
believe that there is little justification to provide
non-telecommunications support services to the President with military
personnel assigned to WHCA. In an era when the administration is calling
for further reductions in military end-strength, the conferees believe
that the military billets dedicated to non-telecommunications support
for WHCA could be better used elsewhere within the Department of Defense
to perform missions that are truly in support of national defense. The
conferees believe that non-telecommunications support services provided
by WHCA can, and should, be provided by civilian personnel.
Furthermore, the conferees note that the WHCA budget incorrectly
included the WHCA procurement items in the Operation and Maintenance
(O&M) budget request. Therefore, the conferees agree to transfer the
$7.2 million for WHCA procurement from the O&M account to the
procurement account.
Personnel reductions in the United States Transportation Command
The House bill contained a provision (sec. 1304) that would mandate
a 1,000 person reduction in the United States Transportation Command
during fiscal year 1998.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that another section of the conference agreement
directs a reduction in the number of personnel assigned to management
headquarters and headquarters support activities within the United
States Transportation Command of five percent during fiscal year 1998.
Commission on Defense Organization and Streamlining
The House bill contained a series of provisions (sec. 1601 1609)
that would establish a Commission on Defense Organization and
Streamlining. The purpose of the commission would be to examine the
missions, functions, and responsibilities of the Office of the Secretary
of Defense, the management headquarters and headquarters support
activities of the military departments and defense agencies, and the
various acquisition organizations of the Department of Defense; to
propose alternative organizational structures; and to identify areas of
duplication and recommend options to eliminate the duplications.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that other provisions of the conference agreement
direct the Secretary of Defense to require a Task Force on Defense
Reform to examine the missions, functions, and responsibilities of the
Department's acquisition organizations and its various headquarters
activities and management headquarters support activities; and to submit
reports on the results of the examinations by the Task Force to the
Congress in early 1998.
Principal duty of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict
The Senate amendment contained a provision (sec. 901) that would
revise the original legislation concerning the principal duty of the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict to put the emphasis on the Assistant Secretary's supervision of
the budgetary, development, and acquisition activities of the Commander
in Chief of the Special Operations Command.
The House bill contained no similar provision.
The Senate recedes.
The conferees are aware that the Secretary of Defense has
established a Task Force on Defense Reform that is, inter alia, focusing
on the reform of the Office of the Secretary of Defense (OSD). In
another section, the conference agreement would require the Secretary of
Defense to submit the Task Force's report with the comments and
recommendations of the Secretary of Defense to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives. The conferees believe that any changes to the
duties of senior OSD officials should take into account the
recommendations contained in that report.
TITLE X--GENERAL PROVISIONS
ITEMS OF SPECIAL INTEREST
Global Positioning System alternate master control station
The Global Positioning System (GPS) has become or soon will be fully
integrated into most facets of U.S. military planning and operational
capabilities. GPS has also been integrated significantly into civil and
commercial navigation planning. As such, the conferees recognize the
expanding importance of GPS as a national asset, one that is critical to
U.S. national security and economic interests. The conferees are aware
of potential command and control vulnerabilities associated with the GPS
master control station at Falcon Air Force Base, Colorado. The conferees
understand that GPS is the only critical national satellite system that
does not have an adequate, separate, and secure backup control station.
The conferees believe that the Department of Defense and the Air Force
should pursue, as an urgent priority, a secure backup GPS system
operations facility that is geographically separate from the existing
facility.
Therefore, the conferees direct the Secretary of the Air Force to
proceed in fiscal year 1998 with the development of an alternate master
control station at a location outside the Colorado Springs area. The
conferees expect this new alternate master control station to be
operational by fiscal year 2001. The conferees further direct the
Secretary of the Air Force to submit a report to the congressional
defense committees on this issue not later than February 15, 1998.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--FINANCIAL MATTERS
Transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that would permit
the transfer of $2.0 billion of amounts made available in Division A of
the bill for any fiscal year to any other authorization made available
in Division A upon determination by the Secretary of Defense that such a
transfer would be in the national interest.
The Senate amendment contained a similar provision (sec. 1001) that
would authorize the budget request level of $2.5 billion in transfer
authority.
The Senate recedes.
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that would
incorporate the classified annex prepared by the Committee on National
Security into this act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment providing that the
classified annex prepared by the committee of conference is incorporated
into this act.
Authority for obligation of unauthorized fiscal year 1997
defense appropriations (sec. 1003)
The House bill contained a provision (sec. 1003) that would
authorize fiscal year 1997 programs that received appropriations but no
authorization.
Senate amendment contained a similar provision (sec. 1002).
The Senate recedes.
Authorization of prior emergency supplemental appropriations
for fiscal year 1997 (sec. 1004)
The House bill contained a provision (sec. 1004) that would extend
authorization to those items appropriated by the fiscal year 1997
emergency supplemental appropriations legislation.
The Senate amendment contained a similar provision (sec. 1003).
The House recedes.
Increase in fiscal year 1996 transfer authority (sec. 1005)
The House bill contained a provision (sec. 1005) that would provide
an increase in authorization transfer authority provided by section 1001
of the National Defense Authorization Act for Fiscal Year 1996.
The Senate amendment contained a similar provision (sec. 1004).
House recedes with a technical amendment.
Revision of authority for Fisher House trust funds (sec. 1006)
The Senate amendment contained a provision (sec. 1006) that would
amend section 914 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106) to require the Secretary of the Air Force
to deposit an appropriate amount of funds to establish the corpus of the
Fisher House Trust Fund, Department of the Air Force.
The House bill contained no similar provision.
The House recedes.
Flexibility in financing closure of certain outstanding
contracts for which a small final payment is due (sec. 1007)
The House bill contained a provision (sec. 1007) that would permit
the Secretary of Defense to establish an account to transfer funds into
for the purpose of making small final payments on certain outstanding
contracts for which funds appropriated for that purpose have expired.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that clarifies that
the total amount of all transfers into the account may not exceed $1.0
million without additional congressional authority.
Biennial financial management improvement plan (sec. 1008)
The Senate amendment contained a provision (sec. 1005) that would
require a strategic financial management plan within the Department of
Defense to determine goals for improving and reengineering the finance
and accounting functions.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the intent of
the report.
Estimates and requests for procurement and military
construction for the reserve components (sec. 1009)
The House bill contained a provision (sec. 122) that would require
the Secretary of Defense to submit an annual report to Congress that
describes the measures taken within the Department of Defense to ensure
that the reserve components are appropriately funded and lists the major
weapons and items of equipment provided for these components. The
section would also require the Secretary of Defense to display in all
future years defense program updates the amounts programmed for the
procurement of equipment for the reserve components.
The Senate amendment contained a provision (sec. 1008) that would
require the Department of Defense to specify estimated expenditures and
proposed appropriations for reserve component modernization at the same
level of detail as the active forces in the annexes provided with the
Future Years Defense Program (FYDP).
The House recedes.
Sense of Congress regarding funding for reserve component
modernization not requested in the President's budget (sec. 1010)
The Senate amendment contained a provision (sec. 1059) that would
require the Congress, to the extent practicable, to consider
authorization of appropriation for reserve component modernization
activities not included in the budget request if certain criteria are
met:
(1) There is a Joint Requirements Oversight Council validated
requirement for the equipment;
(2) The equipment is included for reserve component modernization in
the modernization plan of the military department concerned and is
incorporated into the future years defense program;
(3) The equipment is consistent with the use of reserve component
forces; and
(4) The funds can be obligated in the fiscal year.
The provision also calls for Congress to obtain the views of the
Chairman, Joint Chiefs of Staff on whether equipment not included in
the budget request is appropriate for the employment of
reserve component forces in Department of Defense warfighting plans.
The House bill contained no similar provision.
The House recedes.
Management of working-capital funds (sec. 1011)
The Senate amendment contained a provision (sec. 370) that would
modify section 2208 of title 10, United States Code, the authority under
which the working capital funds are now being managed, to make contract
authority available for obtaining capital assets. The Senate amendment
also contained a provision (Sec. 361) that would limit the use of
advance billing and establish procedures to notify the congressional
defense committees within 30 days of advance billings being posted to
the working capital funds.
The House bill contained no similar provisions.
The House recedes with an amendment that would continue to restrict
the Department of the Navy and establish procedures for the Department
of Defense to notify the congressional defense committees in a timely
manner when advance billing occurs. The conferees are concerned that
excessive advance billing has continued, despite congressional guidance
and initiatives to limit the practice. Advance billing has become a
normal operating practice rather than an unusual exception. In the case
of Navy Working Capital Funds, advance billing is continually used
without any plans for significant reductions. Failure to properly budget
for these activities and allowing these activities to operate by deficit
spending each year is not consistent with good business practices and
puts the future force readiness at risk.
The conferees further agree that the removal of activities from the
working capital funds, use of direct appropriations to fund these
activities, or allowing working capital activities to change rates in
the year of execution are not viable solutions to problems in the
working capital funds. Proper budgeting and the use of full costing
policies allow for the proper financial management of working capital
fund activities.
Authority of Secretary of Defense to settle claims relating
to pay, allowances, and other benefits (sec. 1012)
The Senate amendment contained a provision (sec. 1060) that would
provide the Secretary of Defense authority, upon request of a secretary
of a military department, to waive the time limits in the case of a
claim for pay and allowances up to a maximum of $25,000. The recommended
provision that would modify and clarify the authority granted by section
607 of the National Defense Authorization Act for Fiscal Year 1997 to
ensure that the Department of Defense has adequate authority to address
these claims.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Payment of claims by members for loss of personal property
due to flooding in Red River Basin (sec. 1013)
The Senate amendment contained a provision (sec. 1081) that would
authorize the secretary of a military department to pay claims for loss
and damage to personal property suffered as a direct result of the
flooding in the Red River Basin during April and May 1997.
The House bill contained no similar provision.
The House recedes with an amendment that would add a requirement
that the Secretary of Defense report to the Congress on the Department's
policy regarding the payment of claims for loss or damage to personal
property as a result of a natural disaster by members of the armed
forces who are not assigned to quarters of the United States.
Advances for payment of public services (sec. 1014)
The House bill contained a provision (sec. 1509) that would allow
the Department of Defense to pay utility expenses on a budget billing
basis.
The Senate amendment contained no similar provision.
The Senate recedes.
United States Man and the Biosphere Program limitation (sec. 1015)
The House bill contained a provision (sec. 1008) that would prohibit
the use of funds appropriated for fiscal year 1998 to support the United
States Man and the Biosphere Program or any related project.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Procedures for sale of vessels stricken from the Naval Vessel
Register (sec. 1021)
The Senate amendment contained a provision (sec. 1012) that would
authorize the sale of vessels stricken from the Naval Vessel Register
using negotiation as an alternative to the sealed-bid process. This
authority would allow such issues as environmental concerns to be
addressed more effectively in the process of the sale.
The House bill contained no similar provision.
The House recedes.
Authority to enter into a long-term charter for a vessel in
support of the Surveillance Towed-Array Sensor (SURTASS) program (sec.
1022)
The House bill contained a provision (sec. 1022) that would
authorize the Secretary of the Navy to enter into a contract in
accordance with section 2401 of title 10, United States Code, for the
charter of the vessel RV CORY CHOUEST through fiscal year 2003 in
support of the SURTASS program.
The Senate amendment contained a provision (sec. 1011) that would
authorize the Navy to enter into a long-term lease for a vessel to
support the surveillance towed array sensor and low frequency active
programs through fiscal year 2004.
The Senate recedes.
Transfer of two specified obsolete tugboats of the Army (sec. 1023)
The House bill contained a provision (sec. 1023) that would allow
the Secretary of the Army to transfer two obsolete tugboats to the
Brownsville Navigation District, Brownsville, Texas.
The Senate amendment contained no similar provision.
The Senate recedes.
Congressional review period with respect to transfer of the
ex-U.S.S. Midway (CV 41) and ex-U.S.S. Hornet (CV 12) (sec. 1024)
The House bill contained a provision (sec. 1025) that would allow
for a 30 calendar day congressional review period with respect to the
transfer of the decommissioned aircraft carrier ex-U.S.S. Midway (CV
41).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would substitute 30 days
for 60 days of continuous session of Congress when applying section 7603
of title 10 to ex-U.S.S. Midway (CV 41) and ex-U.S.S. Hornet (CV 12). If
only one qualified entity applies for transfer of ex-U.S.S. Midway (CV
41) or ex-U.S.S. Hornet (CV 12), the amendment would also allow the
Secretary of the Navy to transfer the vessel after 10 days of continuous
session of Congress
Transfers of naval vessels to certain foreign countries (sec. 1025)
The Senate amendment contained a provision (sec. 1013) that would
transfer on a sale basis one Hunley class submarine tender, one Kaiser
class oiler, seven Knox class frigates, two Oliver Hazard Perry class
guided missile frigates, and three Newport class tank landing ships to
various countries.
The House bill contained no similar provision.
The House recedes.
Reports relating to export of vessels that may contain
polychlorinated biphenyls (sec. 1026)
The House bill contained a provision (sec. 1021) that would amend
three sections of the United States Code in order to permit the sale of
obsolete vessels that contain polychlorinated biphenyl compounds:
section 7305 of title 10, to eliminate Toxic Substances Control Act
restrictions on export of vessels for disposal; section 7306a of title
10, to provide that a sinking of a military vessel does not qualify as a
prohibited export or disposal under Toxic Substances Control Act; and
section 1160 of title 46 App., to resume the practice of selling ships
in approved foreign markets under the Merchant Marine Act of 1936.
The Toxic Substances Control Act (TSCA) (15 U.S.C. 1605(e))
prohibits the manufacture, processing, use, or distribution in commerce
of polychlorinated biphenyls (PCBs) that are not ``totally enclosed.''
The term ``totally enclosed'' means any manner that ensures
``insignificant'' human health and environmental exposures to PCBs, as
determined by the Environmental Protection Agency (EPA). TSCA directed
the EPA to promulgate rules for the disposal of PCBs. In vessels
identified for sale, scrap, transfer, or sinking, the Navy has
discovered minute quantities of PCBs that the Navy has concluded are
bound and non-leachable. The existing EPA regulations make it difficult
for the Navy and the Maritime Administration to dispose of these
vessels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of the Navy, the Administrator of the Maritime Administration,
and the Administrator of the EPA to report to Congress on the
implementation of an agreement that has been reached between the Navy
and the EPA on PCB vessel disposal issues. The conferees understand that
this agreement is in effect and is not contingent upon a new rule to be
published later this year, which will incorporate the agreement between
the Navy and EPA. The amendment would also make technical modifications
to the provisions of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405) that address the scrapping and sale of obsolete vessels.
The conferees understand that the purpose of section 9 of the
Shipping Act of 1916 (46 U.S.C. App. 808) is to enable the Maritime
Administration to manage the fleet of privately-owned United States-flag
commercial vessels capable of meeting national security needs and not to
enforce the environmental laws. The conferees expect that any agreement
between the Maritime Administration and the EPA concerning the export of
such vessels for scrapping outside the United States will respect the
role of the Maritime Administration by not requiring it to play any
greater role in the enforcement of the environmental laws than it
currently plays. The conferees acknowledge that it may be appropriate
for the Maritime Administration to inform the EPA of export applications
received pursuant to section 9(c) of the Shipping Act of 1916 (46 U.S.C.
App. 808(3)).
The provisions concerning the Maritime Administration, the disposal
of National Defense Reserve Fleet vessels, and the National Maritime
Heritage Act (16 U.S.C. 5404) were resolved through consultations among
the House and Senate conferees, the Committees on Commerce, Science, and
Transportation of the Senate, and the Committees on Commerce,
Transportation and Infrastructure, and Resources of the House of
Representatives.
Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation authority (sec. 1027)
The Senate amendment contained a provision (sec. 806) that would
amend section 808 of the National Defense Authorization Act for Fiscal
Year 1996 to restrict its application to shipbuilding and to vest the
Secretary of the Navy with the authority to enter into modified
capability preservation agreements. The provision would also limit
applicability of the agreements to costs incurred after the
date of enactment of this Act for commercial contracts that became
effective on or after January 26, 1996.
The House bill contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
The budget request for drug interdiction and other counter-drug
activities of the Department of Defense totals $808.6 million. That
amount includes the $652.6 million in the drug interdiction account and
$156.0 million in the operating budgets of the military services for
authorized counter-drug operations. These amounts compare with the
$957.4 million authorized for these activities during fiscal year 1997;
$796.5 million for the drug interdiction account and $160.9 million in
the services' operating budgets. The reduction of $148.8 million equates
to a real decline of 17.5 percent after accounting for inflation. The
conferees recommend an additional $14.3 million for the counter-drug
activities of the Department of Defense.
Drug Interdiction & Counter-drug Activities Operations and Maintenance
(In thousands of dollars; may not add due to rounding)
Fiscal Year 1998 Drug and Counterdrug Request $808,588
Source Nation Support 183,031
Detection and Monitoring 238,149
Disruption of Drug Mafia Organizations 54,306
Law Enforcement Agency 249,864
Demand Reduction 83,238
Increases:
Riverine Interdiction Initiative $4,200
Gulf States Counterdrug Initiative 4,100
Multi-Jurisdictional Task Force 1,000
Southwest Border Fence Project 5,000
Recommendation $822,888
Ongoing initiatives
In fiscal year 1997, the Congress authorized additional funding for
three counter-drug initiatives: the Mexico-Southwest Border Initiative;
the Caribbean and South American Initiative; and the Domestic
Counter-Narcotics Initiative. These initiatives were intended to provide
enhanced capabilities to stem the flow of drugs into the United States
and disrupt narcotics operations within our own borders.
Although, the conferees are pleased with the initial progress that
has been made with these initiatives, the conferees are concerned about
the early difficulties in fulfilling some of the goals of the
Mexico-Southwest Border Initiative. Due to the delay caused by these
difficulties, the administration has requested an extension of the
authority to provide assistance to the Government of Mexico. That
authority was originally provided for a single year with the
understanding that future support would be provided from funds available
to the Department of State pursuant to the Foreign Assistance Act of
1961. Unfortunately, the administration failed to provide the necessary
funds within the fiscal year 1998 budget request of the Department of
State. If it is the intent of the administration to turn such
international counter-drug activities of the United States over to the
Department of Defense for execution, the conferees believe that this
intent should be demonstrated within the budget request by shifting
funds from the State Department's counternarcotics budget to that of the
Department of Defense. However, because the conferees understand the
value of this particular assistance and the need to explore all
available options to stem the flow of drugs across the Southwest border,
the conferees agree to a provision (sec. 1032), that would extend for
one year the authority to provide additional support for counter-drug
activities of the government of Mexico. The total amount of support
provided pursuant to this authority would be limited to $8.0 million for
the two year period from fiscal year 1997 to 1998. In providing this
support, the Secretary of Defense would be required to consult with the
Secretary of State.
The conferees continue to support the Gulf States Counter-drug
Initiative (GSCI) and are pleased to note that the budget request
included $3.4 million for this program. However, the conferees are
concerned that this funding level does not adequately cover the costs
for required software maintenance, training, and network support.
Therefore, the conferees agree to authorize an increase of $4.1 million
to fund these activities.
The conferees agree to authorize an additional $1.0 million for the
Multi-Jurisdictional Task Force and an additional $5.0 million for
border fence construction.
Riverine interdiction initiative
The conferees agree to authorize an increase of $4.2 million to the
Department's counterdrug program for riverine operations and include a
provision (sec. 1033), that would grant a five year authorization to the
Secretary of Defense, in consultation with the Secretary of State, to
assist the Peruvian and Colombian governments with the acquisition of
the requisite equipment to actively engage riverine counter-drug
activities. The amount of support that could be provided pursuant to
this authority would be limited to $9.0 million in fiscal year 1998 and
$20.0 million during any of the fiscal years 1999 through 2002. Funds
would be restricted from initial obligation until 60 days after the
Secretary of Defense, in consultation with the Secretary of State,
submits a detailed riverine counter-drug plan to congressional defense
committees. The Secretary would also be required to submit any revisions
to this plan before obligating any funds for this initiative in the
subsequent years.
The conferees direct the Department of Defense, in coordination with
other federal agencies involved in counter-narcotic activities, to
develop an integrated regional plan to establish a riverine program that
can be sustained by the source nations at the end of the five-year
period. The Department would be required to provide the details of this
plan to the Committees on Armed Services and Foreign Relations
of the Senate and the Committees on National Security and
International Relations of the House of Representatives before any
assistance is provided pursuant to this authority. This plan would
provide details as to how the riverine program fits into the overall
national drug strategy.
Use of National Guard for State drug interdiction and
counterdrug activities (sec. 1031)
The House bill contained a provision (sec. 1031) that would amend
section 112 of title 32, United States Code, to prohibit the use of
counter-drug funding for National Guard Civil-Military Activities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure that National
Guard participation in counter-drug activities is directly related to
military training and readiness in accordance with section 2012(d) of
title 10, United States Code, and could support youth and charitable
organizations designated as eligible to receive such support by section
508 of title 32, United States Code. In addition, the provision would
direct the Secretary of Defense to submit an annual report to
congressional defense committees regarding the assistance provided, and
activities conducted, under State drug interdiction and counter-drug
activities plan.
Authority to provide additional support for counter-drug
activities of the Government of Mexico (sec. 1032)
The Senate amendment contained a provision (sec. 1021) that would
extend for one year the authority to provide additional support for
counterdrug activities of the Government of Mexico.
The House bill contained no similar provision.
The House recedes with an amendment that would extend for one year
the authority to provide additional support for counter-drug activities
of the Government of Mexico. The total amount of support provided
pursuant to this authority would be limited to $8.0 million for the two
year period from fiscal year 1997 to 1998. In providing this support,
the Secretary of Defense would be required to consult with the Secretary
of State.
Authority to provide additional support for counter-drug
activities of Peru and Colombia (sec. 1033)
The Senate amendment contained a provision (sec. 1022) which would
grant a five year authorization to the Secretary of Defense to assist
the Peruvian and Colombian governments with the acquisition of the
requisite equipment to actively engage in the Riverine Operations.
The House bill contained no similar provision.
The House recedes with an amendment that would grant a five year
authorization to the Secretary of Defense, in consultation with the
Secretary of State, to assist the Peruvian and Colombian governments
with the acquisition of the requisite equipment to actively engage
riverine counter-drug activities. The amount of support that could be
provided pursuant to this authority would be limited to $9.0 million in
fiscal year 1998 and $20.0 million during any of the fiscal years 1999
through 2002.
Annual report on development and deployment of narcotics
detection technology (sec. 1034)
The House bill contained a provision (sec. 1033) that would require
the Director of the Office of National Drug Control Policy to submit a
report to the Congress and the President regarding the development and
deployment of narcotics detection technologies by federal agencies.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE D--MISCELLANEOUS REPORT REQUIREMENTS AND REPEALS
Repeal of miscellaneous reporting requirements (sec. 1041)
The House bill contained a provision (sec. 1041) that would repeal
certain obsolete reporting requirements imposed upon the Department of
Defense.
The Senate amendment contained a similar provision (sec. 1031).
The House recedes with an amendment.
Study of transfer of modular airborne fire fighting system (sec. 1042)
The House bill contained a provision (sec. 1063) that would require
the Secretary of Defense to consult with the Secretary of Agriculture
and submit a report that would evaluate the feasibility of transferring
jurisdiction over units of modular firefighting equipment from the
Department of Agriculture to the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Overseas infrastructure requirements (sec. 1043)
The Senate amendment contained a provision (sec. 1036) that would
require the Secretary of Defense to provide a report to the Committee on
Armed Services of the Senate and the National Security Committee of the
House of Representatives outlining the current and future forward-basing
requirements of the Department of Defense along with the international
agreements necessary to provide these facilities.
The House bill contained no similar provision.
The House recedes.
Additional matters for annual report on activities of the
General Accounting Office (sec. 1044)
The Senate amendment contained a provision (sec. 1040) that would
require the General Accounting Office to include within its
annual report to Congress the amount of work performed at the request of
members of Congress, the amount of work performed to fulfill a specific
legislative requirement, and the amount of work initiated by the
Comptroller General in performance of his general responsibilities.
The House bill contained no similar provision.
The House recedes.
Eye safety at small arms firing ranges (sec. 1045)
The Senate amendment contained a provision (sec. 1041) that would
require the Secretary of Defense to conduct a study of eye safety at
small arms firing ranges, and report to the Congress on the development
of a protocol for reporting eye injuries incurred during small arms
firing activities.
The House bill contained no similar provision.
The House recedes with an amendment that would change the date on
which the study is to begin.
Reports on Department of Defense procedures for investigating
military aviation accidents and for notifying and assisting families of
victims (sec. 1046)
The Senate amendment contained a provision (sec. 1044) that would
require the Secretary of Defense to provide a series of reports to the
Congress related to investigations of military aviation accidents;
assistance provided to families of casualties; and a review of the
Federal Aviation Administration and the National Transportation Safety
Board procedures for providing information and assistance to families of
casualties of non-military aviation accidents.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees believe that military families deserve the best
possible care, attention, and information, especially at a time of
tragic personal loss. Breakdowns in the implementation of the
established family notification procedures that are applicable in case
of armed forces and Department of Defense civilian personnel casualties
can cause significant distress and mistrust. The conferees believe that
Department of Defense representatives involved in casualty notifications
should have the training and experience to provide meaningful
information about any investigations. The notification personnel should
have access to persons qualified to provide effective grief counseling.
Procedures for civilian family notification that have been adopted by
the Federal Aviation Administration and National Transportation Safety
Board might serve as a useful model for improvements to Department of
Defense procedures.
The requirement for the report on aviation accident investigation
procedures is not intended to create the perception that the current
procedures are inadequate. Rather the requirement is an opportunity to
assess proposals to combine the two investigations into a single, public
investigation process in order to clarify possible misconceptions or
misunderstandings related to the current Department of Defense
procedures. The conferees recognize that, although the Department of
Defense provides much needed logistical support, including
transportation and care of remains, survivor counseling, and other
benefits for tragedies like the crash of the C 130 aircraft on November
22, 1996, this support may be insufficient to meet the immediate
emotional and personal needs of affected family members. It is important
that the flow of information to surviving family members be accurate and
timely, and, to the extent possible, be provided to family members in
advance of media reports. Therefore, the conferees believe the
Department of Defense should give a high priority, to the extent
practicable, to providing family members with all relevant information
about an accident as soon as it becomes available, consistent with the
national security interests of the United States, and to allowing the
family members full access to any public hearings or public meetings
about the accident.
SUBTITLE E--MATTERS RELATING TO TERRORISM
Oversight of counterterrorism and antiterrorism programs and
activities of the United States (sec. 1051)
The House bill contained a provision (sec. 1064) that would direct
the Office of Management and Budget to establish a reporting system and
collect information from executive agencies on their counterterrorism
and antiterrorism programs, activities, budgets, and expenditures; to
provide a report on executive branch activities and programs from 1995
through 1997 and submit the information to Congress. The provision would
also require an annual report to Congress on this information.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the
requirement to report to Congress on executive branch activities and
programs from 1995 through 1997, and require an annual report on
prospective U.S. government counterterrorism and antiterrorism
activities, programs, budgets, and expenditures.
Report on policies and practices relating to the protection
of members of the armed forces abroad from terrorist attack (sec. 1052)
The House bill contained a provision (sec. 1043) that would require
the Secretary of Defense to report on antiterrorism activities and
programs of the Department of Defense, to include a description of the
various programs, deficiencies in the programs, and actions taken by the
Secretary to improve implementation of those programs.
The Senate amendment contained two provisions regarding the policies
and practices of the Department of Defense (DOD) in protecting members
of the armed forces against terrorist attack; one provision (sec. 1043)
that would require the Secretary of Defense to submit a report to
Congress that would assess the policies and practices of the Department
to protect U.S. Armed Forces from terrorist attack and assess the
procedures for determining accountability in the chain of command in the
event a terrorist
incident results in loss of life at a U.S. military facility
abroad; another provision (sec. 1053) that would direct the Secretary of
Defense to take appropriate actions to ensure that units of the U.S.
Armed Forces engaged in peace operations have adequate troop protection
equipment for such operations.
The conferees agree to a single provision that would direct the
Secretary of Defense to take appropriate actions to ensure that U.S.
Armed Forces engaged in peace operations have the necessary equipment to
adequately protect themselves; would direct the Secretary to designate a
DOD official with responsibility for oversight of troop protection
equipment; would require the Secretary of Defense to submit a report to
Congress on antiterrorism programs and actions conducted by DOD, and the
roles of the chain of command in providing force protection guidance and
support to U.S. Armed Forces deployed overseas before and after the two
terrorist bombings against U.S. Armed Forces in Saudi Arabia in 1995 and
1996.
SUBTITLE F--MATTERS RELATING TO DEFENSE PROPERTY
Lease of nonexcess personal property of the military
departments (sec. 1061)
The House bill contained a provision (sec. 1058) that would require
the military departments to compete any lease in excess of one year for
personal property valued over $100,000 and notify the Congress 45 days
prior to entering into such a lease.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Lease of nonexcess property of defense agencies (sec. 1062)
The Senate amendment contained a provision (sec. 842) that would
extend to the directors of defense agencies authority currently granted
to the service secretaries to lease nonexcess property under certain
circumstances.
The House bill contained no similar provision.
The House recedes with an amendment that would incorporate portions
in the Senate provision regarding fair market value and competition
requirements for such lease agreements.
Donation of excess chapel property to churches damaged or
destroyed by arson or other acts of terrorism (sec. 1063)
The Senate amendment contained a provision (sec. 1078) that would
allow the Department of Defense to donate excess Army chapel property to
churches that were destroyed or damaged by an act of arson or terrorism.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the authority
to apply to all excess chapel property within the Department of Defense.
Authority of the Secretary of Defense concerning disposal of
assets under cooperative agreements on air defense in Central Europe
(sec. 1064)
The Senate amendment contained a provision (sec. 1089) that would
provide authority for the Secretary of Defense, pursuant to amendments
to the European air defense agreements agreed to on December 6, 1983 and
July 12, 1984, to provide defense articles owned and acquired by the
United States to the Federal Republic of Germany.
The House bill contained no similar provision.
The House recedes.
The conferees note that pursuant to amendments to the European Air
Defense Agreements agreed to on December 6, 1983 and July 12, 1984, the
Patriot-Roland Cooperative Agreement (section 1007, Public Law 98 525,
and section 132, Public Law 99 83) enabled the United States and the
Federal Republic of Germany to enhance central European air defenses by
utilizing Patriot batteries and the Roland short range air defense
systems, which are owned by the United States but operated by the
Federal Republic of Germany.
Since January 1996, negotiations between the United States and the
Federal Republic of Germany have been underway to modify and extend the
current agreement. The Department of Defense (DOD) has informed the
conferees that the current proposal would allow the transfer of
ownership for 12 Patriot batteries and 27 Roland short range air defense
systems to the Federal Republic of Germany in exchange for equitable
compensation. The DOD has further informed the conferees that modifying
the current agreements to provide for this transfer of ownership would
be an equitable solution with regard to the assets involved in the
original agreement, and would enable continued cooperation in the air
defense mission area. The conferees understand that legislation is
necessary to accomplish these transfers as the original agreements do
not provide the required transfer authority and this particular transfer
would fall outside of the coverage of the more traditional authorities
contained in the Arms Export Control Act, 22 U.S.C. 2751.
The conferees direct the Secretary of Defense to provide a report to
Congress on the status of the negotiations on the Patriot-Roland
Follow-On Implementing Agreement (FOIA). The conferees further direct
that prior to the transfer of title for any Patriot or Roland systems,
the Secretary of Defense shall provide the congressional defense
committees with a report on the financial and non-financial benefits to
the United States of the transfer of the equipment, the mission value of
the FOIA compensation components, the terms of the equipment transfer
(including the use of mission value as compensation), the ability of the
United States to meet its NATO obligations, and any potential obstacles
to the performance of FOIA missions.
Sale of excess, obsolete, or unserviceable ammunition and
ammunition components (sec. 1065)
The Senate amendment contained a provision (sec. 365) that would
authorize the Secretary of the Army to competitively sell excess,
obsolete, or unserviceable ammunition and ammunition components to
licensed manufacturers that have the capability to modify, reclaim,
transport, and either store or sell ammunition or ammunition
components. The ammunition or ammunition components purchased under this
authority would be required to be demilitarized or used in such a way as
the Secretary of the Army determines is consistent with the public
interest.
The House bill contained no similar provision.
The House recedes with an amendment that would require all receipts
to be deposited into the Federal Treasury and would require an Army
Audit Agency report during the first three years on the effect of this
authorization.
Transfer of B 17 aircraft to museum (sec. 1066)
The Senate amendment contained a provision (sec. 1070) that would
authorize the Secretary of the Air Force to transfer the B 17 aircraft
known as Picadilly Lilly to the Planes of Fame Museum in Chino,
California. The provision would require that the plane be demilitarized
and that the cost of the demilitarization be paid by the museum.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the particular circumstances surrounding
this case, including the museum's possession of a bill of sale
transferring this plane from the Federal Government to the museum, are
unique and that this provision does not establish any precedent
regarding the transfer of aircraft.
Report on disposal of excess and surplus materials (sec. 1067)
The Senate amendment contained a provision (sec. 1038) that would
require the Secretary of Defense to submit a report to the Congress
outlining the actions required to ensure that the Department better
manages the Defense Reutilization and Marketing System so as to
eliminate, or at least minimize, the problems.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would incorporate
the reporting requirements contained in the House report language
regarding this issue.
SUBTITLE G--OTHER MATTERS
Authority for special agents of the Defense Criminal
Investigative Service to execute warrants and make arrests (sec. 1071)
The House bill contained a provision (sec. 1051) that would grant
the Secretary of Defense authority to authorize special agents of the
Defense Criminal Investigative Service (DCIS) to execute and serve
warrants and other process issued under the authority of the United
States, and to authorize them to make warrantless arrests in certain
situations. The authority of a special agent under this provision could
only be exercised in accordance with guidelines prescribed by the
Attorney General.
The Senate amendment contained a similar provision (sec. 1065).
The Senate recedes with a clarifying amendment.
Since the authority granted by this provision is to be exercised in
accordance with guidelines prescribed by the Inspector General of the
Department of Defense and approved by the Attorney General, proposed
guidelines should be submitted by the Inspector General to the Attorney
General as expeditiously as possible.
Study of investigative practices of military criminal
investigative organizations relating to sex crimes (sec. 1072)
The House bill contained a provision (sec. 1052) that would require
the Secretary of Defense to commission from the National Academy of
Public Administration an independent study of the policies, procedures,
and practices of the military criminal investigative organizations in
investigating sex crimes and other criminal sexual misconduct in the
armed forces.
The Senate amendment contained no similar provision.
The Senate recedes.
Technical and clerical amendments (sec. 1073)
The House bill contained a provision (sec. 1053) that would make
various technical and clerical amendments to existing law.
The Senate amendment contained a provision (sec. 556) that would
make a technical correction to a cross-reference in section 14317(d) of
title 10, United States Code.
The conferees agree to a provision that would incorporate portions
of these technical amendments.
Sustainment and operation of the Global Positioning System (sec. 1074)
The Senate amendment contained a provision (sec. 1064) that would
endorse and enact into law the presidential policy on the sustainment
and operation of the Global Positioning System (GPS) issued in March
1996.
The House bill contained no similar provision.
The House recedes with an amendment that would provide that the
Interagency GPS Executive Board, established pursuant to the
presidential GPS policy, be the forum for interagency review of any
proposed international agreement on the civil use of GPS. The amendment
would also direct the Secretary of Defense not to accept any restriction
on the GPS system proposed by the head of any other department or agency
in the exercise of that official's regulatory authority that would
adversely affect the military potential of GPS.
Protection of safety-related information voluntarily provided
by air carriers (sec. 1075)
The House bill contained a provision (sec. 1056) that would protect
from disclosure certain air safety information voluntarily submitted to
the Department of Defense by an air carrier providing charter air
transportation to the Department.
The Senate amendment contained a similar provision (sec. 1063).
The Senate recedes with an amendment.
National Guard ChalleNGe Program to create opportunities for
civilian youth (sec. 1076)
The House bill contained a provision (sec. 1057) that would provide
the Secretary of Defense, acting through the Chief of the National Guard
Bureau, authority to conduct a program known as the National Guard
ChalleNGe Program and would authorize the Department of Defense to
provide up to $50.0 million in funding to support the program. The
section would also limit the Department of Defense share of the costs of
operating a program in each state to 75 percent in fiscal year
1998--with that share decreasing by 5 percent each year, to 60 percent
in fiscal year 2001. Finally, the section would increase by $30.0
million the $20.0 million included in the budget request. To pay for the
increase, the committee would reallocate to the ChalleNGe program the
$15.0 million that it had intended to add to the Army National Guard
military personnel accounts for initial entry and military skill
training. In addition, the committee recommends a reduction in the
amounts requested in the President's budget for Army and Air National
Guard operations and maintenance funding by $7.5 million each.
The Senate amendment contained a provision (sec. 1052) that would
extend the authorization for the National Guard Civilian Youth
Opportunities Pilot Program until September 30, 1998. The provision
would limit the number of programs to 15, would limit the amount which
may be obligated in support of the program during fiscal year 1998 to
$20.0 million, and would require non-Federal funding to match the
Federal Government contribution to the program in each state.
The Senate recedes.
Disqualification from certain burial-related benefits for
persons convicted of capital crimes (sec. 1077)
The House bill contained a provision (sec. 1060) that would prohibit
the Secretary of Defense from providing military honors at the funeral
of a person who has been convicted of a crime under state or federal law
for which death is a possible punishment and for which the person was
sentenced to death or life imprisonment without parole.
The Senate amendment contained a provision (sec. 1076) that would
disqualify persons convicted of a capital offense under Federal law from
burial in cemeteries administered by the Secretary of Defense and the
Secretary of Veterans Affairs and would prohibit such a person from
receiving other burial benefits prescribed by federal law.
The House recedes with an amendment that would incorporate the House
provision and would prohibit a person convicted of a capital offense
from being buried in any cemetery administered by the Secretary of
Defense, as well as Arlington National Cemetery.
Restrictions on the use of human subjects for testing of
chemical or biological agents (sec. 1078)
The Senate amendment contained a provision (sec. 1086) that would
prohibit the United States government from using human subjects for
chemical or biological tests or experiments. The provision would not
apply to research, tests, or experiments related to medical,
therapeutic, pharmaceutical, agricultural, and industrial activities, or
research, tests, or experiments directly related to protection against
toxic chemicals, or to protection against chemical or biological agents,
U.S. military purposes not related to the use of chemical weapons, and
law enforcement activities, including domestic riot control and the
imposition of capital punishment. The provision would also require the
Department of Defense to report to Congress annually on the conduct of
chemical and biological tests involving human subjects, with a
certification by the Secretary of Defense that informed consent was
obtained from each subject, prior to testing, and would repeal section
808 of the Department of Defense Appropriation Authorization Act for
Fiscal Year 1978 (50 U.S.C. 1520).
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit the
Secretary of Defense, either directly or by contract, from conducting
tests or experiments using chemical or biological agents on human
subjects and would require the Secretary of Defense to report to
Congress thirty days prior to date that the Department of Defense
intends to conduct a chemical or biological test or experiment involving
human subjects.
Treatment of military flight operations (sec. 1079)
The Senate amendment contained a provision (sec. 1072) that would
modify section 303(c) of title 49, United States Code, the Department of
Transportation Act of 1966. Section 303(c) currently requires the
Department of Transportation to review transportation programs or
projects that use parks, refuges, or historic sites and to determine
that no alternative to the public land use is available and that harm to
the public land is minimized. The Senate provision specifies that a
military airspace proposal for national security-related activities is
not a ``transportation program or project'' to which section 303(c)
applies.
The House bill contained no similar provision.
The House recedes.
Naturalization of certain foreign nationals who serve
honorably in the Armed Forces during a period of conflict (sec. 1080)
The Senate amendment contained a provision (sec. 1073) that would
modify the Immigration and Naturalization Act, title 8, United States
Code, to permit foreign national service members who reenlist on board
U.S. public vessels to qualify for naturalization without regard to the
location of the vessel. The effective date of the provision would be
retroactive to cover those foreign nationals who reenlisted on board
U.S. vessels since January 1, 1990.
The House bill contained no similar provision.
The House recedes with an amendment that would remove a portion of
the Senate provision waiving certain provisions of the Immigration
Act of 1990 pertaining to processing applications for naturalization.
Applicability of certain pay authorities to members of
specified independent study organizations (sec. 1081)
The Senate amendment contained a provision (sec. 1069) that would
exempt retired federal employees and retired military personnel who have
been appointed as members of the Commission on Servicemembers and
Veterans Transition Assistance from limitations pertaining to receiving
federal pay while concurrently receiving a federal retirement annuity.
The House bill contained no similar provision.
The House recedes with an amendment that would exempt retired
Federal employees and retired military personnel who have been appointed
as members of the National Defense Panel as well as those appointed to
the Commission on Servicemembers and Veterans Transition Assistance.
Display of POW/MIA flag (sec. 1082)
The House bill contained a provision (sec. 1054) that would expand
the dates on which the POW/MIA flag must be flown, as well as the
locations where it must be flown on the prescribed dates. In addition,
the section would repeal existing law that terminates the requirement to
display the POW/MIA flag upon the President's determination that the
fullest possible accounting has been made of all members of the armed
forces and civilian employees of the United States who have been
identified as prisoner of war or missing in action in Southeast Asia.
The Senate amendment contained a similar provision (sec. 1077).
The Senate recedes with a clarifying amendment.
Program to commemorate 50th anniversary of the Korean
conflict (sec. 1083)
The House bill contained a provision (sec. 374) that would authorize
the Secretary of Defense, to begin to plan, coordinate, and execute a
program to commemorate the 50th anniversary of the Marshall Plan and the
Korean Conflict.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize the
Department of Defense to expend up to $100,000 for the planning,
coordination, and execution of a program to commemorate the 50th
anniversary of the Korean conflict.
Commendation of members of the Armed Forces and Government
civilian personnel who served during the cold war; certificate of
recognition (sec. 1084)
The House bill contained a provision (sec. 1059) that would
recognize the service and sacrifices of military and civilian personnel
who served during the Cold War era.
The Senate amendment contained a provision (sec. 536) that would
authorize the secretaries of the military departments to award a medal
to military personnel who served honorably during the Cold War era.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop a certificate recognizing service during
the Cold War era and to make the certificate available upon request by
qualified personnel.
Sense of Congress on granting of statutory Federal charters
(sec. 1085)
The conferees agree to include a provision that would express the
sense of Congress that no statutory federal charter should be enacted
unless the charter is approved by the Congress upon a favorable report
by the committees of jurisdiction of the respective houses.
Sense of Congress regarding military voting rights (sec. 1086)
The Senate amendment contained three provisions (sec. 541 543) that
would establish a short title of ``Military Voting Rights Act of 1997'',
amend the Soldiers' and Sailors' Civil Relief Act of 1940 to preclude a
military member from losing a claim to State residency for the purpose
of voting in federal and state elections because of absence due to
military orders, and amend the Uniformed and Overseas Citizens Absentee
Voting Act to require each State to permit absent military voters to use
absentee registration procedures and to vote by absentee ballot in
elections for state and local offices, in addition to federal offices as
provided in current law.
The House bill contained no similar provision.
The House recedes with an amendment that would substitute the sense
of Congress that would affirm the absolute right of military members to
vote in federal, state, and local elections; state that a military
member's extended absence from a place of residency or domicile due to
military orders would not be grounds for loss or change of residency or
domicile; and call for legislation to confirm the voting rights of
military personnel following a review of the need for legislation and
the impact of such legislation on the right of states to set voter
registration requirements.
The conferees are concerned that, in the absence of legislation that
would guarantee military voting rights in state and local elections,
such rights are subject to challenge. Accordingly, the conferees direct
that the Secretary of Defense, in consultation with the Attorney
General, study the issue, determine the need for legislation, assess the
consequences of such legislation for the right of states to set voter
registration requirements, and recommend a course of action for the
Congress, to include proposed legislation, if appropriate. The conferees
direct that a report on the matters outlined above be submitted to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives not later than March 1, 1998.
The conferees anticipate that both Committees will hold hearings to
consider the need for such legislation in the coming year.
Designation of Bob Hope as an honorary veteran of the Armed
Forces of the United States (sec. 1087)
The Senate amendment contained a provision (sec. 1074) that would
designate Mr. Bob Hope as an honorary veteran of the Armed Forces of the
United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees recognize that Bob Hope has contributed many years of
service to enhancing the morale and welfare of members of the Armed
Forces of the United States. He has traveled to virtually every post,
camp, and station where military personnel are assigned overseas,
including those in war zones, bringing entertainment, laughter, cheer,
and a touch of home, sometimes at great personal risk.
Thanks for the memories, Bob.
Five-year extension of aviation insurance program (sec. 1088)
The Senate amendment contained a provision (sec. 1071) that would
extend through September 30, 2002 the aviation insurance program
authorized in section 44310 of title 49, United States Code.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Naming of a DDG 51 class destroyer the U.S.S. Thomas F. Connolly
The House bill contained a provision (sec. 1024) that would express
the sense of Congress that the Secretary of the Navy should name one of
the ships of the DDG 51 class of destroyers the U.S.S. Thomas F.
Connolly in honor of Vice Admiral Connolly.
The Senate amendment contained no similar provision.
The House recedes.
Assignment of Department of Defense personnel to assist
immigration and naturalization service and custom service
The House bill contained a provision (sec. 1032) that would
authorize the Secretary of Defense to assign up to 10,000 U.S. military
personnel to assist the Immigration and Naturalization Service and the
U.S. Customs Service in their border enforcement duties at the request
of the Attorney General or the Secretary of the Treasury.
The Senate amendment contained no similar provision.
The House recedes.
Repeal of annual report requirement relating to training of
special operations forces with friendly foreign forces
The House bill contained a provision (sec. 1042) that would amend
section 2011 of title 10, United States Code, to repeal the requirement
that the Department of Defense prepare an annual report relating to
training of U.S. Special Operations Forces with the forces
of friendly foreign governments.
The Senate bill contained no similar provision.
The House recedes.
Armament retooling and manufacturing support initiative
The House bill contained a provision (sec. 1065) that would expand
the purpose of the Armament Retooling and Manufacturing Support
Initiative to allow for the use of ammunition manufacturing facilities
by other entities for the purpose of modernization, development, and
restoration of the facilities. The authority would also allow the
government to enter into 99 year leases with private entities that want
to operate on these facilities.
The Senate amendment contained no similar provision.
The House recedes.
Long-term charter contracts for acquisition of auxiliary
vessels for the Department of Defense
The House bill contained a provision (sec. 1501) that would
authorize the Secretary of the Navy to enter into long-term lease
agreements for the procurement of combat logistics force (CLF) ships.
The Senate amendment contained no similar provision.
The House recedes.
Availability of certain fiscal year 1991 funds for payment of
contract claim
The Senate amendment contained a provision (sec. 1007) that would
authorize the Secretary of the Army to reimburse the Treasury judgment
fund out of a certain fiscal year 1991 appropriation for any judgment
against the United States that might be rendered in the case Appeal of
McDonnell Douglas Company, Number 48029, presently before the Armed
Services Board of Contract Appeals.
The House bill contained no similar provision.
The Senate recedes.
Psychotherapist-patient privilege in the Military Rules of Evidence
The Senate amendment contained a provision (sec. 1051) that would
require the Secretary of Defense to submit to the President, for
consideration for promulgation under article 36 of the Uniform Code of
Military Justice (10 U.S.C. 836), a recommended amendment to the
Military Rules of Evidence that would recognize a testimonial privilege
regarding disclosure by a psychotherapist of confidential communications
with a patient. The privilege was to be applicable to patients who are
not subject to the Uniform Code of Military Justice and, upon a
determination by the Secretary of Defense, to individuals subject to the
Code.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense has already made
significant progress toward drafting a recommended amendment to the
Military Rules of Evidence incorporating the above-described privilege.
The conferees urge the Department of Defense to submit the proposed
amendment to the President at the earliest opportunity.
Acceptance and use of landing fees for use of overseas
military airfields by civil aircraft
The Senate amendment contained a provision (sec. 1055) that would
authorize a military service to accept and retain fees for the use of
foreign-based military airfields by civil aircraft.
The House bill contained no similar provision.
The Senate recedes.
Protection of employees from retaliation for certain
disclosures of classified information
The Senate amendment contained a provision (sec. 1068) that would
amend the Whistleblower Protection Act to protect certain government
employees from reprisal for disclosing classified information to certain
members or employees of Congress in the course of providing evidence of
violations of law or other wrongdoing.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that existing law prohibits reprisals against
covered employees for disclosing information--whether classified or
not--to the Congress, if that information relates to violations of law
or regulation, gross mismanagement or waste, abuses of authority, or
dangers to public health or safety. The conferees direct the Secretary
of Defense to report to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
not later than March 1, 1998, on the following:
(1) the mechanisms presently in law or regulation under which
federal or contractor employees may report violations of law, fraud,
waste, or abuse to the Congress or within the executive branch where
classified information is involved;
(2) the steps the Department of Defense has taken to ensure that
such employees are aware of those mechanisms; and
(3) the protections in effect in law or regulation to ensure that
the employees who use these mechanisms are protected against reprisal.
Criminal prohibition on the distribution of certain
information relating to explosives, destructive devices, and weapons of
mass destruction
The Senate amendment contained a provision (sec. 1075) that would
amend section 842 of title 18, United States Code, to make it a crime
for a person to teach, demonstrate the making of explosives, destructive
devices or weapons of mass destruction, or to distribute information on
the manufacture or use of explosives, destructive devices, and weapons
of mass destruction.
The House bill contained no similar provision.
The Senate recedes.
Restrictions on quantities of alcoholic beverages available
for personnel overseas through Department of Defense sources
The Senate amendment contained a provision (sec. 1090) that would
require the Secretary of Defense to prescribe regulations relative to
the quantity of alcoholic beverages that are available to service
members assigned overseas through the Department of Defense, including
alcoholic beverages available through nonappropriated fund
instrumentalities. The regulations would be required to be consistent
with the goal of preventing the blackmarket sale of American alcoholic
beverages at overseas locations.
The House bill contained no similar provision.
The Senate recedes.
The conferees remain concerned about the problem of the blackmarket
resale of American products overseas, particularly alcoholic beverages
in countries such as Korea. However, the conferees understand that the
Department of the Army has taken administrative steps to reduce the
opportunities for black marketing of alcoholic beverages in Korea and
other overseas locations. Therefore, the conferees direct the Secretary
of Defense to submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report that would describe the rules that govern the quantities of
alcoholic beverages available to service members overseas and the
administrative actions taken by each of the military departments to
control the illegal resale of alcoholic beverages at overseas military
installations. The report shall identify circumstances that contribute
to the problem of blackmarket resale of products sold in exchanges in
South Korea, and shall include an assessment of the extent to which
South Korean trade restrictions on beer and other products are a
contributing factor. The report should be submitted no later than March
31, 1998.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
LEGISLATIVE PROVISIONS ADOPTED
Use of prohibited constraints to manage Department of Defense
personnel (sec. 1101)
The Senate amendment contained a provision (sec. 1101) that would
require the secretaries of the military departments and heads of defense
agencies to certify directly to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives that the civilian workforce under their jurisdiction is
not and has not during the preceding six months been the subject of any
constraint or limitation in terms of man years, full-time equivalent
positions, or maximum number of employees.
The House bill contained no similar provision.
The House recedes with an amendment that would change the reporting
requirement to an annual report.
Veterans' preference status for certain veterans who served
on active duty during the Persian Gulf War (sec. 1102)
The House bill contained a provision (sec. 323) that would permit
veterans preference to be awarded to military personnel who served on
active duty during the Persian Gulf War.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of deadline for placement consideration of
involuntarily separated military reserve technicians (sec. 1103)
The Senate amendment contained a provision (sec. 1104) that would
eliminate the time limitation within which involuntarily separated
military reserve technicians would be given priority placement
consideration.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Rate of pay of Department of Defense overseas teachers upon
transfer to General Schedule position (sec. 1104)
The House bill contained a provision (sec. 321) that would provide
the Secretary of Defense authority to adjust a Department of Defense
Dependents Schools educator's salary up to 20 percent when that person
is moved from a position under the Teaching Position (TP) pay system to
a position under the General Schedule (GS) pay system.
The Senate amendment contained a provision (sec. 1105) that would
authorize the Secretary of Defense to prescribe regulations to control
the amount of salary increase awarded to certain overseas professional
educators who transfer from positions compensated under the ``Teaching
Pay'' system to positions compensated under the ``General Schedule'' pay
system.
The House recedes with an amendment that would clarify the Senate
provision.
Garnishment and involuntary allotment (sec. 1105)
The Senate amendment contained a provision (sec. 1107) that would
restore the requirement that the cost of garnishment or involuntary
allotments be borne by the federal employee.
The House bill contained no similar provision.
The House recedes.
Extension and revision of voluntary separation incentive pay
authority (sec. 1106)
The Senate amendment contained a provision (sec. 1103) that would
extend the authority for the Voluntary Separation Incentive Pay Program
for the Department of Defense until September 30, 2001.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Use of approved fire-safe accommodations by Government
employees on official business (sec. 1107)
The House bill contained a provision (sec. 322) that would require
that each government agency ensure that not less than 90 percent of the
commercial-lodging room nights for employees of that agency be booked at
approved accommodations and would require that each government agency
establish explicit procedures to meet this requirement.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain the 90
percent standard; require the Federal Emergency Management Agency to
prepare an accurate fire-safe hotel list; and require the General
Services Administration to submit a one-time report on implementation of
the requirements.
Navy higher education pilot program regarding administration
of business relationships between Government and private sector (sec.
1108)
The Senate amendment contained a provision (sec. 1108) that would
establish a pilot program of higher education at the Naval Undersea
Warfare Center and would authorize $2.5 million to be appropriated to
fund the program.
The House bill contained no similar amendment.
The House recedes with an amendment that would provide the Secretary
of the Navy the authority to establish and fund a pilot program of
higher education available to employees of the Naval Undersea Warfare
Center, employees of the Naval Sea Systems Command, and employees of the
Acquisition Center for Excellence of the Navy.
Authority for Marine Corps University to employ civilian
faculty members (sec. 1109)
The House bill contained a provision (sec. 903) that would authorize
the Secretary of the Navy to employ civilian professors at any of the
seven colleges within the Marine Corps University whose principal course
of instruction is 10-months or more long.
The Senate amendment contained a similar provision (sec. 1102).
The Senate recedes with a clarifying amendment.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--UNITED STATES ARMED FORCES IN BOSNIA AND HERZEGOVINA
Limitation on the use of funds for the deployment of U.S.
forces in Bosnia beyond June 30, 1998 (secs. 1201 1206)
The House bill contained provisions (secs. 1201, 1210 1212) on
Bosnia that would require the Secretary of Defense to submit a report to
Congress identifying the non-military tasks performed by U.S. armed
forces participating in the NATO Stabilization Force (SFOR) in Bosnia;
would direct the President to report on the political and military
conditions in Bosnia and the costs associated with the continued
presence of U.S. armed forces in Bosnia, and would limit the expenditure
of a portion of the fiscal year 1998 defense funds authorized and
appropriated for operations in Bosnia until such time as the report is
submitted to Congress. In addition, a provision in the House bill would
limit the use of fiscal year 1998 defense funds for the deployment of
U.S. armed forces in Bosnia after June 30, 1998.
The Senate amendment contained a provision (sec. 1083) that would
express the sense of the Senate that U.S. ground combat forces should be
withdrawn from Bosnia by June 30, 1998 and should not participate in a
follow-on force; that a Western European Union-led, or a NATO-led, force
without U.S. ground combat forces are suitable for a follow-on force
after June 30; that, if necessary, the United States may appropriately
provide support, including command and control, intelligence, logistics
and, if required, a ready reserve force in the region; and that the
President should inform European allies of the views expressed by the
Congress, strongly urging them to take appropriate steps to prepare a
follow-on force to maintain peace in Bosnia, and consult with Congress
on any support provided by the United States to a WEU-led or NATO-led
follow-on force after June 30, 1998.
The conferees agree to a series of provisions that would express
findings of the Congress regarding the deployment of U.S. armed forces
in Bosnia and express the sense of Congress that a WEU-led or NATO-led
force without participation of U.S. ground combat forces may be suitable
for a follow-on force to the SFOR, and that the United States may decide
to provide appropriate support to such a follow-on force. Another
provision would limit the use of fiscal year 1998 funds authorized for
the Department of Defense after June 30, 1998 for the deployment of U.S.
ground combat forces in Bosnia, unless the President certifies to the
Congress that the continued presence of U.S. ground combat forces is in
the national security interests, and that it will remain the policy of
the United States that U.S. ground forces will not be used as civil
police in Bosnia. Concurrent with this certification, the President
would be required to submit a report on the rationale for a continued
U.S. armed forces presence, the number of U.S. military personnel to be
deployed in and around Bosnia, the expected duration of the deployment,
the mission and objectives of the U.S. armed forces deployed in and
around Bosnia after June 30, 1998, the exit strategy and incremental
costs associated with the deployment of the U.S. military in and around
Bosnia after June 30, 1998, and other issues associated with extending
the presence of the U.S. military forces in and around Bosnia. In
addition, the conferees agree to a provision that would require the
President to submit concurrently with the certification and report, a
supplemental appropriations request for such amounts as are necessary to
continue the deployment of U.S. military forces in and around Bosnia
after June 30, 1998.
Another provision (sec. 1204) would require the Secretary of
Defense to submit two reports to Congress regarding activities
and tasks carried out by U.S. forces assigned to the Stabilization Force
(SFOR), or any successor force to SFOR.
Lastly, the conferees agree to a provision (sec. 1205) that would
require the President to submit a report to Congress by February 1, 1998
on the political and military conditions in Bosnia, that would include,
but not be limited to, an assessment of progress made in implementing
the Dayton Peace Agreement, other matters related to a follow-on force
to SFOR, the possible involvement of U.S. military forces supporting
peacekeeping activities in Bosnia following the withdrawal of U.S.
ground combat forces from Bosnia, and a detailed explanation and
timetable for withdrawing U.S. ground combat forces from Bosnia by June
30, 1998.
SUBTITLE B--EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS
Export controls on high performance computers (secs. 1211 1215)
The House bill contained provisions (secs. 1231 1234) that would
express concerns about recent reports that United States-origin
supercomputers were obtained by countries of proliferation concern for
possible use in weapons-related activities and that these countries have
refused to allow the United States to conduct post-shipment verification
of the supercomputers to ensure that they are not being used for
military purposes. The provision would prohibit the export, or
re-export, of supercomputers with a composite theoretical performance of
more than 2,000 millions of theoretical operations per second (MTOPS) to
any Tier III country without the prior written approval of the Secretary
of Commerce, the Secretary of Defense, the Secretary of Energy, the
Secretary of State, and the Director of the Arms Control and Disarmament
Agency. It would also require the President to report to Congress on all
supercomputers with a computational capability of over 2,000 MTOPS that
have been exported to all countries since January 1996. Finally, it
would require post-shipment verification of U.S. origin supercomputers
that exceed 2,000 MTOPS that have been exported to Tier III countries
and require a report on the results of post-shipment verification.
The Senate amendment contained a provision (sec. 1080) that would
require the General Accounting Office (GAO) to conduct a study on the
national security risks of selling supercomputers with a computational
capability of 2,000 7,000 MTOPS to end-users in Tier III countries and
to conduct an assessment of foreign availability of supercomputers in
the 2,000 7,000 MTOPS range. The provision would require the Secretary
of Commerce to publish a list of military and nuclear end-users and
establish procedures by which U.S. exporters may seek information on
questionable end-users.
The conferees agree to a series of provisions. One provision (sec.
1211) would require that no computer with a composite theoretical
performance of more than 2,000 MTOPS, or such other composite
theoretical performance level established by the President, may be
exported or re-exported to covered countries without a license if the
sale without a license is objected to in writing by the Secretary of
Commerce, the Secretary of Defense, the Secretary of Energy, the
Secretary of State, or the Director of the Arms Control and Disarmament
Agency. Such objection would have to be made within ten days of
receiving the notice of proposed export, or re-export. The provision
would allow the President, after consultation with the same department
and agency heads, to change the threshold of the composite theoretical
performance levels that would require the aforementioned ten day review
before being exported without license to covered countries. However, the
provision would delay implementation of such a threshold adjustment for
180 days after receipt by Congress of a report that justifies the change
of the threshold. In addition, the provision would allow the President
to add or delete countries from the list of covered countries, after
consultation with the same department and agency heads, but would delay
implementation of deletions from the list for 120 days after receipt by
Congress of a report that justifies the deletion, and would preclude the
deletion of certain countries of proliferation concern from this list.
Another provision (sec. 1212) would require a report to Congress on the
sales of high performance computers to Tier III countries since January
1996. The conferees also agree to a provision (sec. 1213) that would
require post-shipment verification of high performance computers sold to
covered countries and an annual report on the results of post-shipment
verification. Lastly, the conferees direct the GAO to study the national
security risks of exporting high performance computers to Tier III
countries and to provide an analysis of the foreign availability of high
performance computers (sec. 1214).
SUBTITLE C--OTHER MATTERS
Temporary use of general purpose vehicles and nonlethal
military equipment under acquisition and cross servicing agreements
(sec. 1222)
The House bill contained a provision (sec. 1204) that would amend
section 2350(1) of title 10, United States Code, to clarify the
conditions under which the Department of Defense may enter into
acquisition and cross servicing agreements, and define certain
provisions of the United States Munitions List to apply under those
conditions in order to permit the Department of Defense to use general
purpose vehicles and nonlethal military equipment in contingency
military operations.
The Senate amendment contained no similar provision.
The conferees direct the Secretary of Defense to provide a report to
the congressional defense committees by May 1, 1998 on the Department's
use of this authority to enter acquisition and cross servicing
agreements that would permit the temporary use of general purpose
vehicles and nonlethal military equipment in contingency military
operations.
Sense of Congress and reports regarding financial costs of
enlargement of the North Atlantic Treaty Organization (sec. 1223)
The House bill contained a provision (sec. 1207) that would limit
the amount spent by the United States on enlarging the membership of the
North Atlantic Treaty Organization (NATO) to ten percent of the cost of
expansion, or a total of $2.0 billion, whichever is less, for fiscal
years 1998 through 2010.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include findings on
the differing assessments of the costs of enlarging NATO in reports
submitted to Congress by the Department of Defense, the Congressional
Budget Office and the RAND Corporation, and the General Accounting
Office; would express the sense of Congress that the costs associated
with enlarging the Alliance will be major factors during Senate
consideration of the instruments of ratification, and the congressional
authorization and appropriation of funds. The provision would require
the Secretary of Defense to provide to Congress by March 31, 1998, an
assessment of the NATO analysis of the military requirements and the
estimated financial costs to the Alliance of integrating Poland, the
Czech Republic, and Hungary into NATO. In addition, the provision would
require the Secretary of Defense to submit with the fiscal year 1999
budget a report on the costs of NATO enlargement reflected in the
Department of Defense budget and with appropriate detail in the budget
justification materials submitted to Congress.
Sense of Congress regarding expansion of the North Atlantic
Treaty Organization (sec. 1224)
The Senate amendment contained a provision (sec. 1087) that would
express the sense of the Senate commending the North Atlantic Treaty
Organization (NATO) for its commitment to review the prospect of further
enlarging the Alliance in 1999, and for its recognition of progress made
by Romania and Slovenia in meeting the guidelines for prospective
membership in NATO.
The House bill contained no similar provision.
The House recedes with a technical and clarifying amendment.
Sense of the Congress relating to level of United States
military personnel in the East Asia and Pacific region (sec. 1225)
The House bill contained a provision (sec. 1208) that would express
the sense of Congress that the United States should maintain at least
approximately 100,000 U.S. military personnel in the East Asia-Pacific
region to ensure stability in that critical area.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on future military capabilities and strategy of the
People's Republic of China (sec. 1226)
The House bill contained a provision (sec. 1203) that would require
the Department of Defense to prepare an assessment of the
future military capabilities and strategy of the People's
Republic of China.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Sense of Congress on need for Russian openness on the
Yamantau Mountain Project (sec. 1227)
The House bill contained a provision (sec. 1209) that would express
the sense of Congress for the need for more openness on the part of the
Russian government on the purpose of a massive underground facility at
Yamantau Mountain.
The Senate amendment did not contain a similar provision.
The Senate recedes with a clarifying amendment.
The United States and Russia have been working to establish a new
strategic relationship based on cooperation and openness, which has
resulted in the conclusion of several far-reaching arms control
agreements designed to further reduce bilateral threats and to limit the
proliferation of weapons of mass destruction. Despite good faith efforts
on both sides to comply with the letter and spirit of these agreements,
the conferees are concerned about reports that a massive underground
facility is currently under construction at Yamantau Mountain. In
seeking answers to questions about the purpose of the project at
Yamantau Mountain, it appears that the Russian Federation has
deliberately misled the United States about the purpose of this facility
on a number of occasions. The facility appears to be designed to survive
a nuclear war and appears to exceed reasonable defense requirements.
The Russian Federation has offered numerous stories about the
construction activities at Yamantau Mountain and the city of Mezhgorye
and the purpose of such activities. In 1991 and 1992, the commandant of
Beloretsk-15 and Beloretsk-16, People's Deputy Leonid A. Tskirkunov told
two stories about these activities. First, he said they were building a
mining and ore-processing complex. Later, he changed that explanation to
one of constructing an underground food and clothing warehouse. In 1992,
a former communist official in the region, M.Z. Shakiorov, alleged that
the Russian Federation was building a shelter for its national
leadership, in case of war.
In 1996, sources from the Russian newspaper Segodnya claimed that
the facility was associated with a nuclear retaliatory command and
control system for strategic missiles known as ``Dead Hand.'' This claim
was denied by General Igor Sergeyev, the Commander-in-Chief of the
Strategic Rocket Forces. In that same year, a Deputy of the State
Assembly, R. Zhukov, claimed the facility at Yamantau Mountain belonged
to the ``atomic scientists.''
The United States has learned that Russia's 1997 budget lists the
Yamantau Mountain project as a Ministry of Defense installation on a
closed territory. However, First Deputy of Defense Andre Kokoshin denied
Ministry of Defense involvement with the activity.
The conferees are concerned that the Russian Federation should be
more forthcoming in providing the United States with more information on
the Yamantau Mountain Project. The sense of Congress expressed the need
for the Federation to provide the United States with a detailed
explanation of the purpose of the Yamantau Mountain Project, and that
the Russian Government allow the United States Delegations to visit the
facility, and facilities in the southern and northern settlements
located near Yamantau.
Assessment of the Cuban threat to United States national
security (sec. 1228)
The Senate amendment contained a provision (sec. 1046) that would
require the Department of Defense to submit a report on an assessment of
the threat posed by Cuba to U.S. national security.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on Helsinki Joint Statement (sec. 1229)
The Senate amendment contained a provision (sec. 1045) that would
require the President to submit a report to Congress on the agreement
reached by the United States and the Russian Federation on future
reductions in nuclear forces and the United States approach to
implementing the Helsinki Joint Statement, to include verification
implications.
The House bill contained no similar provision.
The House recedes.
Commendation of Mexico on free and fair elections (sec. 1230)
The Senate amendment contained a provision (sec. 3601) that would
express a sense of Congress that Mexico is to be commended for its
holding of free and fair elections on July 6, 1997.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding Cambodia (sec. 1231)
The Senate amendment contained a provision (sec. 3602) that would
express a sense of Congress that the conditions that existed in Cambodia
prior to the actions of Hun Sen, who ousted his democratically-elected
co-Prime Minister Prince Ranariddh, should be restored, and that
assistance by the United States and other donor nations to Cambodia
should be suspended until that time.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Congratulating Governor Christopher Patten of Hong Kong (sec. 1232)
The Senate amendment contained a provision (sec. 3603) that would
express a sense of Congress that Christopher Patten, British governor of
Hong Kong until the time the British colony was turned over to the
People's Republic of China, is to be commended for his leadership of
Hong Kong under British rule.
The House bill contained no similar provision.
The House recedes.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
LEGISLATIVE PROVISIONS ADOPTED
Presidential report concerning detargeting of Russian
strategic missiles (sec. 1301)
The House bill contained a provision (sec. 1206) that would require
the President to certify to Congress by January 1, 1998 whether the
United States is able to verify by technical means that Russian
intercontinental ballistic missiles (ICBMs) are not targeted at the
United States; the length of time it would take for a detargeted Russian
ICBM to be retargeted against a site in the United States; and whether a
detargeted Russian ICBM would be automatically retargeted against a site
in the United States in the event of an accidental launch.
The Senate amendment contained no similar provision.
The conferees note that the Secretary of Defense was directed in the
House report on H.R. 3230 (H. Rept. 104 563), the National Defense
Authorization Act for Fiscal Year 1997, to provide a report on the
verifiability and military significance of the Moscow Declaration of
January 14, 1994. On May 16, 1997, the Secretary submitted a report to
Congress which stated that the United States could not independently
verify that Russian intercontinental ballistic missiles were no longer
targeted at the United States and that detargeted Russian ICBMs could be
quickly retargeted within minutes. With regard to detargeted U.S. ICBMs,
the report stated that these missiles could be retargeted in a short
time.
The conferees believe that efforts between the United States and the
Russian Federation to lower the threat of a massive nuclear exchange are
laudable goals and encourage measures that would make a substantive
contribution toward enhancing strategic stability. The conferees agree
that it is important to have a full understanding of what particular
agreements mean relative to achieving those goals. The conferees support
a careful analysis of the advantages and limitations of the missile
detargeting agreement. Therefore, the conferees agree to a provision
that would require the President to submit a report to Congress that
addresses issues regarding the detargeting of Russian strategic
missiles.
Limitation on retirement or dismantlement of strategic
nuclear delivery systems (sec. 1302)
The Senate amendment contained a provision (sec. 1054) that would
preclude the reduction of certain strategic delivery systems unless the
START II Treaty enters into force and the President waives this
prohibition. The provision would also prohibit substantial early
deactivation of strategic nuclear delivery systems, such as warhead
removal, unless the Secretary of Defense meets certain requirements, as
specified in the provision. Finally, the provision would require the
Secretary of Defense to prepare a plan for the contingency sustainment
of a START I force beyond 1998, should START II not enter into force by
2004.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit the
obligation of funds available to the Department of Defense during fiscal
year 1998 to implement an agreement that results in substantial early
deactivations of U.S. strategic forces until the President makes certain
determinations.
Assistance for facilities subject to inspection under the
Chemical Weapons Convention (sec. 1303)
The Senate amendment contained a provision (sec. 1057) that would
allow the Department of Defense (DOD), through the On-Site Inspection
Agency (OSIA), to provide technical assistance to companies that are
subject to routine or challenge inspection under the terms of the
Chemical Weapons Convention (CWC), provided that OSIA is reimbursed for
such assistance by the U.S. National Authority established under the
CWC.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the CWC imposes new obligations on private
U.S. companies that may lead them to seek assistance from DOD in
preparing their facilities for inspections to be carried out under the
Convention's terms. The conferees recognize that the On-Site Inspection
Agency possesses the technical experience to assist companies in this
process. However, this is not part of OSIA's mission and the DOD would
incur significant costs in providing such assistance. To this end, the
conferees agree that DOD may not provide any CWC-related assistance to
private companies unless the Secretary of Defense determines that the
Department will be reimbursed for the costs incurred in providing such
assistance.
The conferees note that the CWC implementing legislation passed by
the Senate contains a similar provision. The conferees expect DOD to
adhere to the additional requirements that govern the process by which
the Department is to be reimbursed.
Transfers of authorizations for high-priority
counterproliferation programs (sec. 1304)
The Senate amendment contained a provision (sec. 217) that would
authorize the Secretary of Defense to transfer up to $50.0 million from
funds authorized in fiscal year 1998 for the Department of Defense to
conduct counterproliferation programs, projects, and activities that are
identified as a high priority by the Counterproliferation Review
Committee.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Advice to the President and Congress regarding the safety,
security, and reliability of United States nuclear weapons stockpile
(sec. 1305)
The Senate amendment contained a provision (sec. 1084) that would
extend to the directors of Department of Energy nuclear
weapons laboratories, the Commander in Chief of the U.S. Strategic
Command, and any member of the Joint Nuclear Weapons Council protection
against adverse action by employees of the Federal Government in cases
where those individuals gave advice or opinions to the President or
Congress relating to a safety, security, or reliability issue with the
nuclear weapons stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would modify section
3159(b) of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104 201) to require that reports on problems with the
nuclear weapons stockpile prepared by the directors of the nuclear
weapons laboratories be submitted to the President, in addition to
Congress, and to extend protection to the Department of Energy nuclear
weapons production plant managers. Section 3159(b) would be modified to
require the Department of Energy Assistant Secretary for Defense
Programs to forward any such reports in their entirety, with any
comments the Assistant Secretary deems appropriate, within ten days.
The conferees note that the Congress has frequently expressed its
view that the stewards of the nuclear weapons stockpile must freely give
their best advice on the safety and reliability of the stockpile. The
conferees note that earlier legislation has provided for reports on such
advice.
Reconstitution of Commission to Assess the Ballistic Missile
Threat to the United States (sec. 1306)
The conferees agree to include a provision that would extend by one
year the time for the Commission to Assess the Ballistic Missile Threat
to the United States, established pursuant to Subtitle B of Title XIII
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104 201), to complete its original charter.
Sense of Congress regarding the relationship between
environmental laws and United States obligations under the Chemical
Weapons Convention (sec. 1307)
The Senate amendment contained a provision (sec. 1058) that would
express the sense of the Senate that the President should use the
authority available under existing law to ensure that the United States
is able to construct and operate the facilities necessary to destroy the
United States stockpile of lethal chemical agents and munitions within
the time allowed by the Chemical Weapons Convention (CWC) and that the
President should encourage negotiations between appropriate Federal
Government officials and officials of the State and local governments
concerned to attempt to meet their concerns about the actions being
taken to carry out the obligations of the United States under the
convention.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the provision
to express the sense of Congress regarding obligations of the United
States under the CWC and would add findings from a February 1997 General
Accounting Office study regarding matters that affect the schedule and
costs of the chemical demilitarization program.
Extension of counterproliferation authorities for support of
United Nations Special Commission on Iraq (sec. 1308)
The House bill contained a provision (sec. 1202) that would extend
the authority through fiscal year 1998 for the Department of Defense
(DOD) to continue to provide support to the United Nations Special
Commission on Iraq (UNSCOM).
The Senate amendment contained a similar provision (sec. 1056).
The Senate recedes with a technical amendment.
The conferees support the extension of this authority given ongoing
concerns over Iraq's continued possession of weapons of mass destruction
and missile delivery systems. However, the conferees are concerned that
the DOD role in providing assistance has transitioned from a short-term
requirement to a semi-permanent element of the effort to contain Iraq.
Pursuant to United Nations Security Council Resolutions 986 and
1111, which took effect December 10, 1996 and June 8, 1997,
respectively, Iraq is authorized to sell limited quantities of oil with
most of the proceeds going to pay for humanitarian needs and to support
UNSCOM activities. In addition, UNSCOM activities are also funded by
frozen Iraqi assets and from direct and indirect contributions from
other nations. The conferees would note that the Department of Defense
is the primary source of U.S. government funding for the UNSCOM mission,
providing specialized equipment and services otherwise unavailable to
UNSCOM.
The conferees believe that continued vigilance is warranted to
ensure that Iraq does not acquire or maintain proscribed military
capabilities. However, the conferees do not believe that the costs of
providing specialized support to UNSCOM should be permanently borne by
the Department of Defense. To this end, the conferees support efforts by
the Department to seek reimbursement for expenses incurred in providing
support to UNSCOM and encourage the administration to negotiate formal
agreements to this effect.
Annual report on moratorium on use by Armed Forces of
antipersonnel landmines (sec. 1309)
The House bill contained a provision (sec. 1055) that would require
the Secretary of Defense, after consultation with the Chairman of the
Joint Chiefs of Staff, to certify to Congress prior to the
implementation of any moratorium by law on the use of antipersonnel
landmines (APL) by U.S. Armed Forces, that any such moratorium would not
adversely affect the ability of U.S. Armed Forces to defend themselves,
until such time as effective substitutes exist to replace antipersonnel
landmines.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would contain findings
describing the actions and decisions by the President relating to U.S.
policy regarding antipersonnel landmines and the status of current law;
express the sense of Congress regarding implementation of a landmine
moratorium and support for development of alternatives to
antipersonnel landmines. The provision would also require the
Secretary of Defense to submit an annual report describing the military
utility of the continued U.S. deployment of antipersonnel landmines,
progress in developing and fielding systems that are effective
substitutes for antipersonnel landmines, their costs and an estimated
timetable for developing and fielding those systems, the number and type
of pure antipersonnel and mixed anti-tank mine systems, the cost and
effect of the elimination of the former and the impact of their
elimination on the deterrence and warfighting ability of U.S. forces,
and the benefits to U.S. military and civilian personnel of an
international treaty banning the production, use, transfer and
stockpiling of antipersonnel landmines.
The conferees endorse the President's September 17, 1997 pledge to
increase U.S. support for worldwide demining efforts.
Further, the conferees believe that international support, and
increased funding, for practical efforts such as clearing landmines and
providing medical assistance and rehabilitation to the wounded, could be
highly effective in reducing the landmine casualty count and reclaiming
land for its intended use.
TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
LEGISLATIVE PROVISIONS ADOPTED
Cooperative threat reduction (CTR) program (secs. 1401 1410)
The budget request included $382.2 million for the Cooperative
Threat Reduction (CTR) program.
The House bill contained provisions (secs. 1101 1111) that would:
authorize $284.7 million for the Cooperative Threat Reduction (CTR)
program, a $97.5 million reduction to the budget request; specify CTR
programs; allocate fiscal year 1998 funding for the various CTR programs
and activities; prohibit the use of CTR funds for specific purposes;
prohibit the obligation of CTR funds until various reports,
notifications, and certifications are submitted to the Congress; make
prior year unobligated CTR balances available for three fiscal years;
and make fiscal year 1998 CTR funds available for three fiscal years.
The House bill would also add funds for the Department of Energy (DOE)
budget to carry out nuclear reactor core conversion activities in Russia
under the auspices of the CTR program.
The Senate amendment contained provisions (secs. 1009 and 1085) that
would authorize the budget request of $382.2 million; would make funds
authorized in fiscal year 1997 for international border security
activities available for three years; and would provide the Secretary of
Defense authority to exceed the sublimits established in fiscal years
1996 and 1997 for CTR activities. The provisions would also limit the
obligation or expenditure of certain fiscal year 1998 funds until
receipt of either a certification by the President regarding Russian
progress in solving outstanding compliance issues under bilateral
chemical weapons agreements, or a presidential certification that U.S.
national security interests would be undermined if CTR chemical weapons
destruction activities were not carried out.
The conferees agree to a series of provisions that would authorize
$382.2 million for the CTR program, establish sublimits for CTR
activities and would provide the Secretary of Defense with authority to
exceed the established sublimits in fiscal years 1996, 1997, and 1998
for strategic elimination activities in Russia and Ukraine. The
obligation of fiscal year 1998 CTR funds is contingent upon the
submission of various reports, notifications, and certifications to the
Congress. The use of the word ``agreements'' in these provisions does
not preclude the possibility that the conditions set forth can be met by
the implementing agreements routinely entered into between the
Department of Defense (DOD) and the CTR partner for specific projects.
The conferees reiterate their traditional support for CTR assistance
in the elimination of strategic nuclear weapons systems in Russia and
Ukraine. However, given the economic and financial conditions in Russia,
the conferees are concerned about Russia's willingness to contribute its
share of the costs of eliminating its strategic offensive arms and its
declared stockpile of chemical weapons. As noted in recent U.S.
resolutions of ratification of arms control agreements, the U.S.
believes that Russia must contribute its share of the costs of complying
with its arms control commitments.
The conferees note that the Department of Defense is seeking
congressional approval of fiscal year 1998 funds for certain projects
where fiscal year 1997 funds have not yet been fully obligated because
of the lack of the necessary implementing agreements. As a general
management principle, the conferees believe that fiscal year 1998 funds
should not be obligated for those projects until the fiscal year 1997
CTR funds have been obligated.
The conferees are also concerned about recent reports that Russia
has applied taxes, duties, overhead charges, and other arbitrary
assessments on U.S. assistance. The conferees agree to a provision that
would require the Secretary of Defense to report to the Congress on the
impact of these charges on the CTR program, and what can be done to
reduce or eliminate such charges.
Finally, the conferees maintain their belief that the proliferation
of weapons of mass destruction, delivery systems, components, materials,
and related technologies, represents a growing threat to the United
States and to U.S. interests. In this regard, the conferees note that
section 1424 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201) authorized $15.0 million of CTR funds for
international border security. This program would provide assistance to
customs officials and border guard officials in the independent states
of the former Soviet Union, such as Azerbaijan, Armenia, Georgia, the
Baltic states, and other countries in Eastern Europe. The conferees
understand that funds authorized for this activity have not been
obligated or expended. The conferees note the continued congressional
support for this activity and direct the Department to take appropriate
actions to establish this activity and to obligate the funds available
as soon as possible. These activities provide an early line of defense
by improving the detection and interdiction of such weapons, materials,
and technologies before they cross international borders.
TITLE XV--FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS
LEGISLATIVE PROVISIONS ADOPTED
Federal Charter for the Air Force Sergeants Association
(secs. 1501 1516)
The Senate amendment contained a series of provisions (sec. 1201
1216) that would grant a federal charter for the Air Force Sergeants
Association.
The House bill contained no similar provision.
The House recedes.
The leadership of the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives
recognize the current moratorium on granting of federal charters and
agree that, in the future, amendments to the National Defense
Authorization Bill that would grant a federal charter should not be
included in a conference agreement unless favorably recommended by the
committees of jurisdiction.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
OVERVIEW
The budget request for fiscal year 1998 included $8,383,248,000 for
military construction and family housing.
The House bill would authorize $9,123,748,000 for military
construction and family housing.
The Senate amendment would provide $9,077,061,000 for this purpose.
The conferees recommend authorization of appropriations of
$9,173,748,000 for military construction and family housing, including
general reductions and termination of prior year projects.
Offset Folios 1399 to 1416 insert here
FY 1998/1999 BUDGET ESTIMATES--FY 1998 BRAC MILITARY CONSTRUCTION PROJECTS
[In thousands of dollars]
State and installation/location Description Amount
Army: BRAC III Construction, Fiscal Year 1998
Texas: Repair Aircraft Hanger (46865) III 3,650
----------
Subtotal Army Texas 3,650
Total for Army BRAC III Construction, FY 1998 3,650
Army BRAC IV Construction, Fiscal Year 1998
Alaska: Missile Test Facility (46159) IV 600
----------
Subtotal Army Alaska 600
California: Army Reserve Center Facility (46206) IV 9,500
----------
Subtotal Army California 12,650
Colorado: Sanitary Sewer (46341) IV 2,100
----------
Subtotal Army Colorado 4,600
District of Columbia: Nurse Training Facility (463342) 1,500
----------
Subtotal Army District of Columbia 1,500
Maryland: Health Clinic (46329) IV 650
----------
Subtotal Army Maryland 6,950
Michigan: Storage Facility (46300) IV 5,900
----------
Subtotal Army Michigan 5,900
Missouri: Range Modifications (46094) IV 17,500
Military Operations in Urbanized Terrain Facility (45892) IV 6,900
----------
Subtotal Army Missouri 24,400
New York: Storage Facility (46258) IV 1,900
----------
Subtotal Army New York 1,900
Nevada: Warehouse (46217) IV 1,550
----------
Subtotal Army Nevada 5,400
South Carolina: DoD Polygraph Instructional Fac (45839) IV 4,600
----------
Subtotal Army South Carolina 4,600
Virginia: Reserve Center Building (46354) IV 3,100
----------
Subtotal Army Virginia 3,100
Washington: CHPPM Ctr for Health Promotion (46354) IV 3,150
----------
Subtotal Army Washington 3,150
Various Locations Program Management IV 3,750
Total for Army BRAC IV Construction, FY 1998 78,500
Navy BRAC III Construction, FY 1998
California: Administrative Office (186T) III 2,586
----------
Subtotal Navy California 57,572
Florida: Administrative Building (220T) III 5,074
----------
Subtotal Navy Florida 111,143
Georgia: Marine Reserve Training Facility (906T) III 9,053
----------
Subtotal Navy Georgia 9,053
Hawaii: Ordnance Facilities (297T) III 612
Utilities Upgrade (504T) III 2,168
Ordnance Facilities (508T) III 1,160
----------
Subtotal Navy Hawaii 7,928
Virginia: Administrative Facility (360T) III 995
----------
Subtotal Navy Virginia 995
Washington: Outpatient Clinic (019T) III 10,409
----------
Subtotal Navy Washington 10,409
Wisconsin: Equipment Maintenance Facility (701T) III 2,295
----------
Subtotal Navy Wisconsin 2,295
Total for Navy BRAC III Construction, FY 1998 99,395
Navy BRAC IV Construction, Fiscal Year 1998
California: Administrative/Training Spaces (020U) IV 1,403
Intermediate Maintenance Facility (822U) IV 1,273
----------
Subtotal Navy California 31,426
District of Columbia: Naval Sea Systems Cmd Hdq Relocation (088U) IV 86,045
----------
Subtotal Navy District of Columbia 86,045
Florida: Medical/Dental Additions (231U) IV 2,985
S 3 Naval Maintenance Trng Grp Mods (239U) IV 1,329
----------
Subtotal Navy Florida 4,314
Guam: Building Renovation (416U) IV 597
----------
Subtotal Navy Guam 597
Pennsylvania: Accoustics R&D Facility (185U) IV 6,151
----------
Subtotal Navy Pennsylvania 6,151
Virginia: Flight Simulator Building Addition (160U) IV 8,998
Corrosion Control Hangar (576U) IV 4,775
Hangar Utilities Improvements (165U) IV 1,244
F/A 18 Aviation Maintenance Additions (164U) IV 2,686
Renovate/Addition Training Facility (161U) IV 5,671
Cargo Staging Area (029U) IV 1,443
----------
Subtotal Navy Virginia 27,254
Total Navy BRAC IV Construction, FY 1998 155,787
Air Force BRAC III Construction, Fiscal Year 1998
California: Land Purchase (XDAT973300) III 2,055
Total for Air Force BRAC III Construction, FY 1998 2,055
Air Force BRAC III Family Housing, FY 1998
California: Improve Family Housing (XDAT950000) III 46,010
Total for Air Force BRAC III Family Housing, FY 1998 46,010
Air Force BRAC IV Construction, FY 1998
California: Dining Facility (PRJ891009R1) IV 2,100
938 Engineering Install Sqd (PRJY911023R2) IV 8,100
Enlisted Dormitory (PRJY93103R2) IV 9,000
Add to Child Development Center (PRJY95301R1) IV 2,100
Vehicle Maintenance Facility (PRJY953009R1) IV 1,450
Air Force Res KC 135 Flight Sim (PRJY953046R1) IV 1,700
----------
Subtotal Air Force California 25,030
Colorado: Satellite Control Facility (GLEN973008A) IV 16,000
Add to Dining Facility (GLEN973009) IV 500
Technical Support Facility (GLEN973010) IV 6,400
Alter Operations Support Facility (GLEN973020) IV 760
Add to Fitness Center (GLEN983023) IV 300
----------
Subtotal Air Force Colorado 25,160
New York: Vehicle OPS Heated Parking (WOXG959613) IV 1,700
Add to Fire Station (FPBB969510) IV 300
----------
Subtotal Air Force New York 2,000
Ohio: Renovte QLA Support Facility (PRJY921012R1) IV 2,500
----------
Subtotal Air Force Ohio 2,500
Oklahoma: Add to Child Development Center (XTLF983303) IV 330
----------
Subtotal Air Force Oklahoma 330
Texas: Add/Alter YAD/textile Laboratory (CNBC993000) IV 3,900
Child Development Center (MBPB993209R2) IV 480
Add to Auto Hobby Shop (MBPB993222R1) IV 1,100
----------
Subtotal Air Force Texas 16,530
Various Locations Planning and Design (BCL98RD4) IV 4,157
Total for Air Force BRAC IV Construction, FY 1998 75,707
Air Force BRAC IV Family Housing, FY 1998
Texas: General Officers Quarters (MBPB993203R2) IV 790
Total for Air Force BRAC IV Family Housing, FY 1998 790
DLA and DISA had no projects relating to any BRAC round requested in
FY 1998.
TITLE XXI--ARMY
FISCAL YEAR 1998
Overview
The House bill would authorize $2,055,364,000 for Army military
construction and family housing programs for fiscal year 1998.
The Senate amendment would authorize $1,951,478,000 for this purpose.
The conferees recommend authorization of appropriations of
$2,010,466,000 for Army military construction and family housing for
fiscal year 1998.
The conferees agree to a general reduction of $36,600,000 in the
authorization of appropriations for the Army military construction
account. The general reduction is to be offset by savings from
adjustments to foreign currency exchange rates for military construction
projects and the support of military family housing outside the United
States. The general reduction shall not cancel any military construction
authorized by of this Act.
ITEMS OF SPECIAL INTEREST
Planning and design, Army
The Senate report on S. 924 (S. Rept. 105 29) directed that, of the
amount authorized for appropriations for Army planning and design, not
more than $1,000,000 may be directed toward the design of the gymnasium
at the United States Military Academy, New York.
The conferees direct that from the funds authorized for
appropriations for planning and design, the Secretary of the Army may
use funds as necessary to initiate planning and design activities for
the renovation of the gymnasium at the United States Military Academy,
New York and authorize $3,100,000 for planning and design activities for
the construction of the National Ground Intelligence Center,
Charlottesville, Virginia.
Improvements of military family housing, Army
The conferees recommend that, within authorized amounts for
improvements of military family housing and facilities, the Secretary of
the Army execute the following projects: $9,600,000 for Whole
Neighborhood Revitalization (52 units) at Fort Richardson, Alaska;
$8,300,000 for Whole Neighborhood Revitalization (32 units) at Fort
Wainwright, Alaska; $7,000,000 for Whole Neighborhood Revitalization
(106 units) at Fort Riley, Kansas; $6,000,000 for Whole Neighborhood
Revitalization, Phase IV (60 units) at Fort Campbell, Kentucky;
$5,400,000 for Whole Neighborhood Revitalization (56 units) at the
United States Military Academy, New York; and $5,000,000 for Whole
Neighborhood Revitalization (48 units) at Fort Belvoir, Virginia.
LEGISLATIVE PROVISIONS ADOPTED
Correction in authorized uses of funds, Fort Irwin,
California (sec. 2105)
The Senate amendment contained a provision (sec. 2105) that would
authorize the Secretary of the Army to construct a heliport at Fort
Irwin, California, using funds authorized and appropriated in fiscal
years 1995 and 1996 for construction of the National Training Center
Airfield, Fort Irwin, California. The provision would make available
$20.0 million for the construction of the heliport.
The House bill contained a similar provision (sec. 2105).
The House recedes with a technical amendment.
TITLE XXII--NAVY
Overview
The House bill would authorize $2,053,025,000 for Navy military
construction and family housing programs for fiscal year 1998.
The Senate amendment would authorize $1,898,924,000 for this purpose.
The conferees recommend authorization of appropriations of
$2,027,339,000 for Navy military construction and family housing for
fiscal year 1998.
The conferees agree to a general reduction of $17,163,000 in the
authorization of appropriations for the Navy military construction
account. $8,463,000 of the reduction is to be offset by savings from
favorable bids, reduction in overhead costs, and cancellation of
projects due to force structure changes. $8,700,000 of the reduction is
to be offset by savings from adjustments to foreign currency exchange
rates for military construction projects and the support of military
family housing outside the United States. The general reduction shall
not cancel any military construction authorized by title XXII of this
Act.
ITEMS OF SPECIAL INTEREST
Improvements of military family housing, Navy
The conferees recommend that, within authorized amounts for
improvements to military family housing and facilities, the Secretary of
the Navy execute the following projects: $4,193,000 for Whole House
Revitalization (120 units) at Naval Air Warfare Center China Lake,
California; $7,700,000 for Whole House Revitalization (64 units) at
Public Works Center Great Lakes, Illinois; $9,000,000 for Whole House
Revitalization (90 units) at Naval Air Warfare Center Patuxent River,
Maryland; $2,863,000 for Whole House Revitalization (37 units) at Camp
Lejeune, North Carolina; and $6,000,000 for Whole House Revitalization
(83
units) at Marine Corps Air Station Cherry Point, North Carolina.
LEGISLATIVE PROVISIONS ADOPTED
Authorization of military construction project at Naval
Station, Pascagoula, Mississippi, for which funds have been appropriated
(sec. 2205)
The House bill contained a provision (sec. 2205) that would
authorize $4,900,000 to extend the west quaywall at Naval Station,
Pascagoula, Mississippi, for which funds were previously appropriated
pursuant to the Military Construction Appropriations Act for Fiscal Year
1997 (Public Law 104 196).
The Senate amendment contained a similar provision (sec. 2205).
The Senate recedes with a technical amendment.
Increase in authorization for military construction projects
at Naval Station Roosevelt Roads, Puerto Rico (sec. 2206)
The Senate amendment contained a provision (sec. 2206) that would
amend section 2201(b) of the Military Construction Act for Fiscal Year
1997 (Division B of Public Law 104 201) to increase the authorization
for the construction of a barracks at Naval Station Roosevelt Roads,
Puerto Rico from $23.6 million to $24.1 million. The section would also
make certain conforming changes.
The House bill contained no similar provision.
The House recedes with a technical amendment.
TITLE XXIII--AIR FORCE
FISCAL YEAR 1998
Overview
The House bill would authorize $1,810,120,000 for Air Force military
construction and family housing programs for fiscal year 1998.
The Senate amendment would authorize $1,793,949,000 for this purpose.
The conferees recommend authorization of appropriations of
$1,791,640,000 for Air Force military construction and family housing
for fiscal year 1998.
The conferees agree to a general reduction of $36,158,000 in the
authorization of appropriations for the Air Force military construction
account. $23,858,000 of the reduction is to be offset by savings from
favorable bids, reduction in overhead costs, and cancellation of
projects due to force structure changes. $12,300,000 of the reduction is
to be offset by savings from adjustments to foreign currency exchange
rates for military construction projects and the support of military
family housing outside the United States. The general reduction shall
not cancel any military construction authorized by title XXIII of this
Act.
ITEMS OF SPECIAL INTEREST
Improvements of military family housing, Air Force
The conferees recommend that, within authorized amounts for
improvements of military family housing and facilities, the Secretary of
the Air Force execute the following projects: $5,000,000 for family
housing improvements (72 units) at Cannon Air Force Base, New Mexico;
$4,600,000 for family housing improvements (60 units) at Tinker Air
Force Base, Oklahoma; $7,000,000 for family housing improvements (78
units) at Charleston Air Force Base, South Carolina; and $5,000,000 for
family housing improvements (50 units) at Shaw Air Force Base, South
Carolina.
LEGISLATIVE PROVISIONS ADOPTED
Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds have been appropriated (sec.
2305)
The House bill contained a provision (sec. 2305) that would
authorize $6,700,000 for a consolidated education center at McConnell
Air Force Base, Kansas, for which funds were previously appropriated
pursuant to the Military Construction Appropriations Act, 1997 (Public
Law 104 196).
The Senate amendment contained a similar provision (sec. 2305).
The House recedes with a technical amendment.
TITLE XXIV--DEFENSE AGENCIES
FISCAL YEAR 1998
Overview
The House bill would authorize $650,907,000 for Defense Agencies
military construction and family housing programs for fiscal year 1998.
The Senate amendment would authorize $717,677,000 for this purpose.
The conferees recommend authorization of appropriations of
$684,016,000 for Defense Agencies military construction and family
housing for fiscal year 1998. The conferees agree to a general reduction
of $1,200,000 in the authorization of appropriations for the Defense
Agencies military construction account. The general reduction is to be
offset by savings from adjustments to foreign currency exchange rates
for military construction projects and the support of military family
housing outside the United States. The general reduction shall not
cancel any military constructions authorized by title XXIV of this Act.
LEGISLATIVE PROVISIONS ADOPTED
Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor, Hawaii (sec. 2406)
The Senate amendment contained a provision (sec. 2406) that would
amend the table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (Division B of Public Law 104
201), to change the location of the Special Operations Command military
construction project from Ford Island, Pearl Harbor, Hawaii, to Naval
Station, Pearl City Peninsula, Pearl Harbor, Hawaii.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Correction in authorized uses of funds, McClellan Air Force
Base, California (sec. 2407)
The Senate amendment contained a provision (sec. 2407) that would
authorize the Secretary of Defense to use funds appropriated and
authorized in fiscal year 1995 for life saving improvements at McClellan
Air Force Base Hospital. The funds would be authorized for use in the
following manner: (1) $3.7 million for the construction of an addition
to the Aeromedical Clinic, Anderson Air Force Base, Guam; and (2) $6.5
million for the construction of an occupational health clinic, Tinker
Air Force Base, Oklahoma.
The House bill contained a similar provision (sec. 2406).
The House recedes with a technical amendment.
Modification of authority to carry out fiscal year 1995
projects (sec. 2408)
The Senate amendment contained a provision (sec. 2408) that would
amend section 2401 of the Military Construction Authorization Act for
Fiscal Year 1995, as amended. The provision would authorize an increase
of funding for the construction of the Chemical Demilitarization
Facilities at Pine Bluff Arsenal, Arkansas, from $115.0 million to
$134.0 million, and at Umatilla Army Depot, from $186.0 million to
$187.0 million, due to cost increases resulting from a delay in
receiving the appropriate permits.
The House bill contained a similar provision (sec. 2407).
The House recedes with a technical amendment.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
FISCAL YEAR 1998
Overview
The House bill would authorize $166,300,000 for the U.S.
contribution to the NATO Security Investment Program for fiscal year
1998.
The Senate amendment would authorize $152,600,000 for this purpose.
The conferees agree to authorize $152,600,000 for the United States
contribution to the NATO Security Investment Program.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
FISCAL YEAR 1998
Overview
The House bill would authorize $327,208,000 for military
construction and land acquisition for fiscal year 1998 for the Guard and
Reserve components.
The Senate amendment would authorize $507,279,000 for this purpose.
The conferees recommend authorization of appropriations of
$448,033,000 for military construction and land acquisition for fiscal
year 1998. This authorization would be distributed as follows:
Army National Guard $113,750,000
Army Reserve 66,267,000
Naval/Marine Corps Reserve 47,329,000
Air National Guard 190,444,000
Air Force Reserve 30,243,000
The conferees agree to a general reduction of $7,900,000 in the
authorization of appropriations for the Air Force Reserve military
construction account. The general reduction is to be offset by savings
from favorable bids, reduction in overhead costs, and cancellation of
projects due to force structure changes. The general reduction shall not
cancel any military constructions authorized by title XXVI of this Act.
ITEMS OF SPECIAL INTEREST
Reserve construction project, Oakdale, Pennsylvania
The conference agreement provides $6.0 million for phase I
construction of a reserve center with an organizational maintenance shop
and area maintenance support center at Oakdale, Pennsylvania to support
the Army Reserve. The conferees urge the Secretary of the Army to make
every effort to include the appropriate level of funding for the
remaining phases of construction in the fiscal year 1999 budget request.
LEGISLATIVE PROVISIONS ADOPTED
Authorization of military construction projects for which
funds have been appropriated (sec. 2602)
The House bill contained a provision (sec. 2602) that would
authorize $5,900,000 for the Army National Guard for additions and
alterations to an aviation support facility at Hilo, Hawaii, and
$4,800,000 for the Naval Reserve for a bachelor enlisted
quarters at Naval Air Station, New Orleans, Louisiana, for which funds
were previously appropriated pursuant to the Military Construction
Appropriations Act, 1997 (Public Law 104 196).
The Senate amendment contained a similar provision (sec. 2602).
The Senate recedes.
Army Reserve construction project, Camp Williams, Utah (sec. 2603)
The House bill contained a provision (sec. 2603) that would
authorize the Secretary of the Army to accept financial or in-kind
contributions from the State of Utah for land acquisition, site
preparation, and relocation, in connection with the construction of a
reserve center and organization maintenance shop in Salt Lake City,
Utah.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary and the State to enter into an agreement under which the State
would provide financial or in-kind contributions for land acquisition,
site preparation, relocation, and other costs in connection with the
construction of a reserve center and organization maintenance shop at
Camp Williams, Utah.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
LEGISLATIVE PROVISIONS ADOPTED
Extension of authorizations of certain fiscal year 1995
projects (sec. 2702)
The House bill contained a provision (sec. 2702) that would provide
for selected extension of certain fiscal year 1994 military construction
authorizations until October 1, 1998, or the date of the enactment of
the Act authorizing funds for military construction for fiscal year
1999, whichever is later.
The Senate amendment contained a similar provision (sec. 2702).
The House recedes with a technical amendment.
Extension of authorizations of certain fiscal year 1994
projects (sec. 2703)
The Senate amendment contained a provision (sec. 2703) that would
provide for selected extension of certain fiscal year 1994 military
construction authorizations until October 1, 1998, or the date of the
enactment of the Act authorizing funds for military construction for
fiscal year 1998, whichever is later.
The House bill contained a similar provision (sec. 2703).
The House recedes with a technical amendment.
Extension of authorizations of certain fiscal year 1993
projects (sec. 2704)
The House bill contained a provision (sec. 2704) that would provide
for selected extension of certain fiscal year 1993 military construction
authorizations until October 1, 1998, or the date of the enactment of
the Act authorizing funds for military construction for fiscal year
1999, whichever is later.
The Senate amendment contained a similar provision (sec. 2704).
The Senate recedes.
Extension of availability of funds for construction of
relocatable over-the-horizon radar, Naval Station Roosevelt Roads,
Puerto Rico (sec. 2706)
The House bill contained a provision (sec. 2706) that would provide
for an extension of authority to construct a relocatable
over-the-horizon radar at Naval Station Roosevelt Roads, Puerto Rico
authorized by the Defense Appropriations Act, 1995 (Public Law 103 335)
until October 1, 1998, or the date of the enactment of the Act
authorizing funds for military construction for fiscal year 1999,
whichever is later.
The Senate amendment contained a similar provision (sec. 2409).
The Senate recedes with a technical amendment.
TITLE XXVIII--GENERAL PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Use of mobility enhancement funds for unspecified minor
construction (sec. 2801)
The House bill contained a provision (sec. 2801) that would
authorize the use of funds made available for mobility enhancement for
unspecified minor construction. Under the provision, mobility
enhancement funds could not be used for unspecified minor construction
if the cost of the construction project would exceed $1,500,000.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on the use of operation and maintenance funds for
facility repair projects (sec. 2802)
The House bill contained a provision (sec. 2802) that would clarify
the definition of repair of facilities using operations and maintenance
funds.
The Senate amendment contained no similar provision.
The Senate recedes.
Leasing of military family housing, United States Southern
Command, Miami, Florida (sec. 2803)
The House bill contained a provision (sec. 2803) that would amend
section 2828 of title 10, United States Code, to authorize the Secretary
of the Army to lease not more than eight housing units in the vicinity
of Miami, Florida, for key and essential personnel of United States
Southern Command, as determined by the Secretary, for which the annual
rental of such units would exceed the expenditure limitations
established by law. This section would establish certain new expenditure
limitations related to such housing units.
The Senate amendment contained no similar provision.
The Senate recedes.
Use of financial incentives provided as part of energy
savings and water conservation activities (sec. 2804)
The Senate amendment contained a provision (sec. 2804) that would
amend section 2865 of title 10, United States Code, to authorize the
Secretary of Defense to credit financial incentives received from gas or
electric utilities to an appropriation designated by the Secretary. The
impact of this authority would be reflected in the Secretary's annual
energy report. The provision would also include a conforming amendment.
The House bill contained a similar provision (sec. 2804).
The House recedes with a technical amendment.
Congressional notification requirements regarding use of
Department of Defense housing funds for investments in nongovernmental
entities (sec. 2805)
The House bill contained a provision (sec. 2805) that would provide
for a 30-day notice-and-wait requirement on requests to use funds
appropriated or otherwise made available under the authority of
subchapter IV of chapter 169 of title 10, United States Code, as a cash
contribution by the Department of Defense toward the investment cost in
any project entered into under those authorities.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Increase in ceiling for minor land acquisition projects (sec. 2811)
The House bill contained a provision (sec. 2811) that would increase
the maximum limit for minor land acquisitions from $200,000 to $500,000.
The Senate amendment contained a similar provision (sec. 2801).
The Senate recedes.
Permanent authority regarding conveyance of utility systems (sec. 2812)
The House bill contained a provision (sec. 1423) that would
authorize the secretary of a military department to convey, with or
without consideration, a utility system, or part of a utility system, to
a municipal, private, regional, district, or cooperative utility company
or other entity. Such utility systems could include electrical
generation and supply systems, water supply and treatment systems, waste
water collection and treatment system, steam, hot or chilled water
generation and supply systems, natural gas supply systems, and sanitary
landfills or lands to be used for sanitary fills. The provision would
require the secretary concerned to submit a 21-day notice-and-wait
announcement, to include a report containing an economic analysis of the
proposed conveyance, to Congress prior to entering into any agreement to
convey a utility.
The Senate amendment contained a provision (sec. 2802) that would
authorize the service secretaries to convey all or part of government
utility systems located on military installations to commercial or
public utilities. The utilities that may be conveyed include, but are
not limited to: electrical generation and supply; water treatment; water
supply; wastewater collection and treatment; steam, hot, chilled water
generation and supply, and natural gas supply. The conveyance would be
for fair market value, either as a lump-sum payment or as a reduction in
utility charges, consistent with applicable Federal and State laws or
regulations, for a period sufficient to amortize the monetary value of
the utility system, including any conveyed real property. Any lump sum
payment received would be credited to an appropriation available for the
purchase of like utility services or to an appropriation for the
construction of energy and water conservation projects or improvements
to other utility systems at the installation. The provision would waive
the cost comparison study between civilian and government workers
required by chapter 146 of title 10, United States Code. The secretaries
would not be authorized to enter an agreement to convey until 21 days
after the service secretaries submit an economic analysis to the
congressional defense committees.
The House recedes with an amendment that would strike the waiver of
a cost comparison study between civilian and government workers required
by chapter 146 of title 10, United States Code. The amendment would add
the authority to convey a system for the transmission of
telecommunications and would require that if the payment for the utility
is in the form of reduced utility rates, that these rates be consistent
with Federal and state regulations. The amendment would also make
certain technical corrections.
Administrative expenses for certain real property
transactions (sec. 2813)
The House bill contained a provision (sec. 2812) that would
authorize the secretary of a military department to accept reimbursement
from non-federal entities for the cost of certain real estate services
and transactions, including real estate exchanges, grants, and licenses,
done at the request of, and for the benefit of, those entities.
The Senate amendment contained a similar provision (sec. 2803).
The Senate recedes with an amendment that would delete the
conveyances of real property as a transaction covered by this authority.
Screening of real property to be conveyed by the Department
of Defense (sec. 2814)
The Senate amendment contained a provision (sec. 2805) that would
require the Administrator of the General Services Administration (GSA)
to screen for federal interest any real property whose conveyance is
authorized by the Congress. The Administrator would be required to
complete a screen of the property within 30 days of enactment. If the
Administrator establishes a federal interest, the property would be
conveyed pursuant to the Federal Property and Administrative Services
Act of 1949. If it is determined that there is no other federal interest
and the property is surplus to the United States Government, the
Secretary of the appropriate military department would be authorized to
transfer the real property to the designated recipient.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Administrator to screen the property authorized for conveyance for
federal interest. Upon notification by the Administrator of the interest
of a Federal agency in the property, the Secretary concerned would be
required to notify the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
notification shall include the name of the agency, the proposed use of
the property, and the estimated fair market value of the property and
improvements. The Secretary shall take no further action for 180 days.
If, after that period, the Congress has not rescinded the conveyance,
the Secretary may convey the property as specified in the legislation.
This requirement would apply to any conveyances of real property enacted
in any legislation after December 31, 1997.
Disposition of proceeds from sale of Air Force Plant 78,
Brigham City, Utah (sec. 2815)
The Senate amendment contained a provision (sec. 2831) that would
authorize the Secretary of the Air Force to use the funds deposited by
the Administrator of General Services in the account established under
section 204(h)(2)(A) of the Federal Property and Administrative Services
Act of 1949 from the sale of Air Force Plant 78, Brigham City, Utah, for
maintenance and repair of facilities, or environmental restoration, at
other industrial plants of the Air Force.
The House bill contained a similar provision (sec. 2813).
The House recedes with a technical amendment.
Fire protection and hazardous materials protection at Fort
Meade, Maryland (sec. 2816)
The Senate amendment contained a provision (sec. 1047) that would
require the Secretary of the Army to submit a plan to the congressional
defense committees outlining requirements for fire protection services
and hazardous materials protection services at Fort Meade, Maryland. The
report would also outline a schedule for the implementation of the plan
and a detailed list of the funding options available.
The House bill contained no similar provision.
The House recedes.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Consideration of military installations as sites for new
Federal facilities (sec. 2821)
The House bill contained a provision (sec. 2821) that would require
the head of a federal agency to consult with the Secretary of Defense on
the availability of federal property or facilities at military
installations to be closed or realigned prior to acquiring non-federal
real property.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the head of
the federal agency to consult with and obtain the concurrence of the
redevelopment authority regarding the availability and suitability of a
former military installation as the location for a new or replacement
federal facility. This requirement would expire on July 31, 2001.
Adjustment and diversification assistance to enhance
performance of military family support services by private sector
sources (sec. 2822)
The Senate amendment contained a provision (sec. 368) that would
amend section 2391(b)(5) of title 10, United States Code, to authorize
the Secretary of Defense, through the Office of Economic Development, to
make grants, conclude cooperative agreements, and supplement other
federal funds to assist state or local governments in supporting the
efforts of the Department of Defense in privatizing family support
activities. These support services would include, but would not be
limited to, privatization and outsourcing of military family housing,
family housing referrals, child development centers, and library
services.
The House bill contained no similar provision.
The House recedes.
Security, fire protection, and other services at property
formerly associated with Red River Army Depot, Texas (sec. 2823)
The Senate amendment contained a provision (sec. 1088) that would
authorize the Secretary of the Army to enter into an agreement to
provide the local redevelopment authority at Red River Army Depot, fire,
security, and hazardous material response services on a reimbursable
basis.
The House bill contained no similar provision.
The House recedes.
Report on closure and realignment of military installations (sec. 2824)
The Senate amendment contained a provision (sec. 2832) that would
require the Secretary of Defense to submit to the congressional defense
committees a report on the costs and savings attributable to the four
base closure rounds conducted under the base closure laws and on the
need, if any, for additional base closure rounds. The report would have
to be submitted not later than the fiscal year 2000 budget. The
Congressional Budget Office and the Comptroller General would be
required to conduct a review of the report. The provision would express
a sense of Congress urging the Secretary to develop a system to quantify
costs and savings attributable to the closure and realignment of
military installations under the base closure process.
The House bill contained no similar provision.
The House recedes with an amendment that would include an assessment
of the effect of previous base closure rounds on the military
capabilities and the ability of the Armed Forces to fulfill the National
Military Strategy. The amendment would also make certain technical
corrections.
Sense of Senate regarding utilization of savings derived from
base closure process (sec. 2825)
The Senate amendment contained a provision (sec. 2833) that would
make it the sense of the Senate that the savings identified from base
closure be made available to the Department of Defense solely for the
purpose of modernization of weapons systems.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Prohibition against conveyance of property at Long Beach
Naval Station to China Ocean Shipping Company (sec. 2826)
The House bill contained a provision (sec. 2822) that would prohibit
the Secretary of Defense from conveying, by sale, lease, or other
method, any portion of real property to be disposed under the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101 510) to a state-owned shipping company. The section would also
preclude the Secretary, as a condition on each conveyance of real
property, from subsequently conveying the property to a state-owned
shipping company. The section would provide for a reversionary interest
of the United States in such property in the event of a conveyance to,
or use by, a state-owned shipping company.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would specify that the
Secretary of Navy may not convey property at the former Naval Station,
Long Beach, California under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101 510) to the China
Ocean Shipping Company (COSCO) or any successor of the company. The
section would also preclude the Secretary, as a condition on each
conveyance of real property, from subsequently conveying that property
to that company. The section would provide for a reversionary interest
of the United States in such property in the event of a conveyance to,
or use by, COSCO. The provision would require the Secretary of Defense
and the Director of the Federal Bureau of Investigations to separately
prepare a report on the potential national security implications of
transferring the property to COSCO. It would also include the authority
for the President to waive the restriction if it is determined that the
transfer would not adversely impact national security or significantly
increase the counter intelligence burden on the United States
intelligence community. The waiver would be effective 30 days after the
President notifies the Speaker of the House and the President of the
Senate.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Land conveyance, Army Reserve Center, Greensboro, Alabama (sec. 2831)
The Senate amendment contained a provision (sec. 2820) that would
authorize the Secretary of the Army to convey, without consideration, to
Hale County, Alabama approximately 5.17 acres located at the Army
Reserve Center, Greensboro, Alabama. The property was conveyed to the
United States by warranty deed dated September 12, 1988, for the purpose
of constructing a reserve center which is no longer required.
The House bill amendment contained no similar provision.
The House recedes.
Land Conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma (sec. 2832)
The House bill contained a provision (sec. 2831) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements in Durant, Oklahoma to Big
Five Community Services, Incorporated. The property is to be used for
educational purposes. The cost of any surveys necessary for the
conveyance shall be borne by Big Five Community Services, Incorporated.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Gibson Army Reserve Center, Chicago,
Illinois (sec. 2833)
The House bill contained a provision (sec. 2838) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements in Chicago, Illinois, to the
Lawndale Business and Local Development Corporation. The cost of any
surveys necessary for the conveyance shall be borne by the Lawndale
Business and Local Development.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make the conveyance
subject to the condition that the corporation use the property conveyed
for economic development purposes.
Land conveyance, Fort A.P. Hill, Virginia (sec. 2834)
The House bill contained a provision (sec. 2832) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of unimproved real property at Fort A.P. Hill, Virginia, to
Caroline County, Virginia. The property is to be used for a waste
transfer station. The costs of any surveys necessary for the conveyance
shall be borne by the County.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would specify
that the County shall permit the Army, at no cost, to dispose of not
less than 1,800 tons of solid waste annually at the facility established
on the conveyed property.
Land conveyances, Fort Dix, New Jersey (sec. 2835)
The House bill contained a provision (sec. 2839) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements at Fort Dix, New Jersey, to
the Borough of Wrightstown, New Jersey and a parcel with improvements to
the Board of Education of New Hanover, New Jersey. The property is to be
used for educational and economic purposes. The cost of any surveys
necessary for the conveyance shall be borne by the Borough.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include a
reversionary clause in the event the Secretary determines that the
conveyed property is not being utilized in accordance with the
conditions and purposes of the conveyance.
Land conveyances, Fort Bragg, North Carolina (sec. 2836)
The House bill contained a provision (sec. 2837) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of unimproved real property at Fort Bragg, North Carolina, to the
Town of Spring Lake, North Carolina. The property is to be used for
improved access to a waste treatment facility and to permit economic
development. The cost of any surveys necessary for the conveyance shall
be borne by the Town.
The Senate amendment contained a provision (sec. 2823) that would
authorize the conveyance, without consideration, of 157 acres of land at
Fort Bragg, North Carolina to Harnett County, North Carolina for
educational and economic development purposes. The provision would also
authorize the conveyance, at fair market value, of a parcel of land in
the amount of 137 acres at Fort Bragg, North Carolina to Harnett County.
The provisions would explicitly transfer any environmental liability
from the United States government to the county.
The conference agreement includes both provisions. The Senate
recedes with an amendment that would require the real property conveyed
to the Town of Spring Lake be subject to the reversionary clause
contained in the Senate provision. The House recedes with an amendment
that would strike the transfer of liability from the United
States government to the county. The conferees understand that
this transfer is not required.
Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada (sec. 2837)
The Senate amendment contained a provision (sec. 2813) that would
authorize the Secretary of the Army to convey, without reimbursement, to
Mineral County, Nevada, approximately 33.1 acres of real property and
improvements that constitute the Schweer Drive Housing Area. The
conveyance would be contingent upon the County's acceptance of the
property subject to such easements or rights of way as the Secretary
considers appropriate. The provision would also require the County to
reimburse the United States in the event the property is sold within 10
years. The reimbursement would be equal to the lesser of the amount of
the sale of the property sold, or the fair market value of the property
sold, excluding the value of any improvements made by the County.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Expansion of land conveyance authority, Indiana Army
Ammunition Plant, Charlestown, Indiana (sec. 2838)
The House bill contained a provision (sec. 2833) that would amend
section 2858 of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104-106) to provide for the
additional conveyance of 500 acres of real property to the State of
Indiana.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Lompoc, California (sec. 2839)
The House bill contained a provision (sec. 2834) that would modify
the purpose of the conveyance authorized by section 834(b)(1) of the
Military Construction Authorization Act, 1985 (Public Law 98-407). The
modification would permit the real property to be conveyed by the
Secretary of the Army to the City of Lompoc, California, to be used for
educational or recreational purposes.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Rocky Mountain Arsenal,
Colorado (sec. 2840)
The House bill contained a provision (sec. 2835) that would permit
the Administrator of General Services to enter into a negotiated sale of
815 acres of real property at Rocky Mountain Arsenal, Colorado, to
Commerce City, Colorado.
The Senate amendment contained a provision (sec. 2819) that would
authorize the conveyance of the 815 acres at fair market value, as
determined jointly by the Administrator and Commerce City.
The House recedes with a clarifying amendment.
Correction of land conveyance authority, Army Reserve Center,
Anderson, South Carolina (sec. 2841)
The House bill contained a provision (sec. 2836) that would correct
the name of the conveyee in the conveyance authorized by section 2824 of
the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201). The correction would permit the
conveyance to be made by the Secretary of the Army to the Board of
Education, Anderson County, South Carolina.
The Senate amendment contained a similar provision (sec. 2812).
The House recedes with a technical amendment.
PART II--NAVY CONVEYANCES
Land conveyance, Topsham Annex, Naval Air Station, Brunswick,
Maine (sec. 2851)
The Senate amendment contained a provision (sec. 2815) that would
authorize the Secretary of the Navy to convey, without consideration, to
the Maine School Administrative District No. 75, Topsham, Maine, a
parcel of real property, consisting of approximately 40 acres located at
the Topsham Annex, Navy Air Station, Brunswick, Maine. The provision
would require the district to use the conveyed property for educational
purposes. It would further provide for an interim lease of the property
until the property is conveyed. As compensation for the lease, the
district would provide security and maintenance.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Land conveyance, Naval Weapons Industrial Reserve Plant No.
464, Oyster Bay, New York (sec. 2852)
The Senate amendment contained a provision (sec. 2816) that would
authorize the Secretary of the Navy to convey, without consideration, to
the County of Nassau, New York, all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 110 acres and improvements comprising the Naval Weapons,
Industrial Reserve Plant No. 464, Oyster Bay, New York. The purpose of
the conveyance would be for economic development and would include
equipment, fixtures, and other personal property located on the parcel
as the Secretary determines not to be required by the Navy. The
provision would authorize the Navy to enter into an interim lease with
the County. The County would provide security services, fire protection,
and maintenance work, as specified by the Secretary. The provision would
specify that, if the Secretary determines within a 5-year period after
the conveyance that the property is not used in accordance with the
condition of the conveyance, the property would revert to the United
States.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Correction of lease authority, Naval Air Station, Meridian,
Mississippi (sec. 2853)
The House bill contained a provision (sec. 2851) that would change
the name of the conveyee in the conveyance authorized by section 2837 of
the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104 201). The correction would permit the
conveyance to be made by the Secretary of the Navy to the County of
Lauderdale, Mississippi.
The Senate amendment contained no similar provision.
The Senate recedes.
PART III--AIR FORCE CONVEYANCES
Land transfer, Eglin Air Force Base, Florida (sec. 2861)
The House bill contained a provision (sec. 2861) that would
authorize the Secretary of Transportation to transfer, without
reimbursement, to the administrative jurisdiction of the Secretary of
the Air Force a parcel of real property with improvements at Cape San
Blas, Gulf County, Florida, previously withdrawn for use as the location
of a lighthouse. The Secretary of the Air Force would incorporate the
property as part of Eglin Air Force Base, Florida.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, March Air Force Base, California (sec. 2862)
The House bill contained a provision (sec. 2863) that would
authorize the Secretary of the Air Force to convey a parcel of real
property at March Air Force Base, California, to Air Force Village West,
Incorporated, of Riverside, California. As consideration for the parcel
to be conveyed, the Corporation shall pay to the United States an amount
equal to the fair market value of the real property, as determined by
the Secretary. The section would also make technical modifications to
section 835 of the Military Construction Authorization Act, 1985 (Public
Law 98 407).
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, Hancock Field, Syracuse, New York (sec. 2864)
The Senate amendment contained a provision (sec. 2821) that would
authorize the conveyance, without consideration, of approximately 15
acres of excess real property located at Hancock Field, Syracuse, New
York. The provision would include a reversionary clause in the event the
property is not used for economic redevelopment.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana (sec. 2865)
The Senate amendment contained a provision (sec. 2822) that would
authorize the Secretary of the Air Force to convey, without
consideration, two parcels of real property in the amount of 94 acres
comprising the former Havre Air Force Station and the former Havre
Training Site, Montana. The purpose of the conveyance would be for
housing and economic development.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Charleston Family Housing Complex, Bangor,
Maine (sec. 2866)
The Senate amendment contained a provision (sec. 2817) that would
authorize the Secretary of the Air Force to convey, without
consideration, to the City of Bangor, Maine, a parcel of real property
consisting of approximately 19 acres and improvements located in Bangor,
Maine and known as the Charleston Family Housing Complex. The purpose of
the conveyance would be for economic development. The provision would
require the city to reimburse the United States in the event the
property is sold within 10 years. The reimbursement would be equal to
the lesser of the amount of the sale of the property sold, or, the fair
market value of the property sold excluding the value of any
improvements made by the city.
The House bill contained no similar provision.
The House recedes.
Study of land exchange options, Shaw Air Force Base, South
Carolina (sec. 2867)
The House bill contained a provision (sec. 2862) that would amend
section 2874 of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104 106) to require the Secretary of
the Air Force to conduct a study to identify real property suitable for
exchange to affect the land exchange at Shaw Air Force Base, South
Carolina, authorized pursuant to that law.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE E--OTHER MATTERS
Repeal of requirement to operate Naval Academy Dairy Farm (sec. 2871)
The House bill contained a provision (sec. 2881) that would repeal
section 810 of the Military Construction Authorization Act of 1968
(Public Law 90 110), which prohibits the Department of the Navy from
taking any action to close, dispose, or phase out the operation of the
Naval Academy Dairy Farm.
The Senate amendment contained a similar provision (sec. 1066).
The Senate recedes with a clarifying amendment.
Long-term lease of property, Naples, Italy (sec. 2872)
The House bill contained a provision (sec. 2882) that would
permit the Secretary of the Navy to enter into a long-term
lease, not to exceed twenty years, for structures and real property
relating to a regional hospital complex in Naples, Italy, that the
Secretary determines to be necessary for purposes of the Naples
Improvements Initiative.
The Senate amendment contained a similar provision (sec. 2814).
The Senate recedes.
Designation of military family housing at Lackland Air Force
Base, Texas, in honor of Frank Tejeda, a former Member of the House of
Representatives (sec. 2873)
The House bill contained a provision (sec. 2883) that would
authorize the Secretary of the Air Force to designate military family
housing developments to be constructed at Lackland Air Force Base,
Texas, in honor of the late Frank Tejeda, a Representative in Congress
from the State of Texas.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Fiber-optics based telecommunications linkage of military
installations (sec. 2874)
The House bill contained a provision (sec. 1502) that would require
the Department of Defense to install a fiber-optics based
telecommunications network to link the military installations in a
metropolitan area.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide sufficient
time for the competition of such a contract and would allow the
Department to tailor the network to its requirements. The conferees note
that the Secretary could build on and expand ongoing Department of the
Navy initiatives to meet these requirements. The conferees also
encourage the Secretary to have a signed contract to implement this
provision by December 1, 1998.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification of authority for disposal of certain real
property, Fort Belvoir, Virginia
The Senate amendment contained a provision (sec. 2811) that would
repeal section 2821 of the Military Construction Act for Fiscal Years
1990 and 1991, as amended by section 2854 of the Military Construction
Authorization Act for Fiscal Year 1996. These provisions would have
authorized the conveyance of the parcel of real property, including
improvements thereon, at Fort Belvoir, Virginia, consisting of
approximately 820 acres known as the Engineer Proving Ground.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Army to provide to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the status of the
conveyance and redevelopment of the Engineer Proving Ground. The report
shall be coordinated with the appropriate officials in Fairfax County
and shall be submitted six months after enactment of this Act and
annually thereafter until the redevelopment is completed.
TITLE XXIX--SIKES ACT IMPROVEMENT
Sikes Act Improvement (secs. 2901 2914)
The House bill contained several provisions (secs. 2901 2914) that
would amend and reauthorize the Sikes Act, which was last amended in
1986, and had an authorization that expired in 1993. In its current
form, the Sikes Act authorizes the Secretary of Defense to enter into
cooperative plans with the Secretary of Interior and the appropriate
State fish and wildlife agencies. The House provisions would require the
secretary of each military department to develop a more comprehensive
integrated natural resources plan for each military installation. Each
plan must be consistent with the use of military lands to ensure
military preparedness, and cannot result in any net loss in the
capability to support the military mission.
The Senate amendment (secs. 381 392) and the House bill (secs. 2901
2914) contained similar provisions. However, the Senate amendment (sec.
383) would require the completion of integrated natural resources
management plans three years after the date of the initial report to
Congress, rather than the two years provided for in the House bill (sec.
2905). There is also a difference between the House bill (sec. 2911) and
the Senate amendment (sec. 386) reference to the funds underlying
cooperative agreements. The House bill provides for the use of ``funds
appropriated'' and the Senate amendment provides for the use of ``funds
made available'' for the cost of goods and services covered under
cooperative agreements.
The House recedes with an amendment that would require the
completion of integrated natural resources management plans three years
following the submission of the initial report to Congress. The
provision would specify that goods and services provided under a
cooperative agreement would be paid for with ``funds appropriated.'' The
provision would also include minor legislative drafting modifications.
The conferees note that the reauthorization of the Sikes Act would
directly affect the nearly 25 million acres managed by the Department of
Defense. The conferees agree that reauthorization of the Sikes Act is
not intended to expand the management authority of the U.S. Fish and
Wildlife Service or the State fish and wildlife agencies in relation to
military lands. Moreover, it is expected that integrated natural
resources management plans shall be prepared to facilitate installation
commanders' conservation and rehabilitation efforts that support the use
of military lands for readiness and training of the armed forces.
The conferees note that the military departments will have completed
approximately 60 percent of the required integrated natural resources
management plans by October 1, 1997. The conferees understand that most
of these plans have been prepared consistent with the criteria
established under this provision. In addition, the conferees note the
significant investment made by the military departments in the
completion of current integrated natural resources management plans. The
conferees intend that the plans that meet the criteria established under
this provision should not be subject to renegotiation and
reaccomplishment.
Finally, the conferees understand that approximately $5.0 million is
programmed for the preparation of integrated natural resources
management plans on an annual basis. The conferees have been assured by
the Department of Defense that the reauthorization of the Sikes Act will
not result in increased funds for the plans. Based on the Department's
assurances as to the programmed funding level, the conferees expect that
each of the military departments will have sufficient funds in fiscal
year 1998 and subsequent fiscal years to complete plans by the statutory
deadline.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Overview
The budget request for fiscal year 1998 contained an authorization
of $13,597.6 million for the Defense Nuclear Activities. The House bill
would authorize $10,951.9 million. The Senate amendment would authorize
$11,204.4 million. The conferees recommended an authorization of
$11,502.8 million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Offset Folios 1446 to 1465 Insert here
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Weapons activities (sec. 3101)
The House bill contained a provision (sec. 3101) that would
authorize $4.0 billion for the Department of Energy (DOE) weapons
activities.
The Senate amendment contained a similar provision (sec. 3101) that
would authorize $4.0 billion for DOE weapons activities.
The Senate recedes with an amendment that would authorize $4.1
billion for this account for the following activities: $1.9 billion for
stockpile stewardship; $2.0 billion for stockpile management; and $250.0
million for program direction. The authorization includes a general
reduction of $22.6 million. The conferees recommend a reduction of $53.5
million to the budget request for program direction. The conferees note
that recent independent assessments from the Institute for Defense
Analysis and the General Accounting Office have identified a number of
recommendations regarding how best to streamline the management
structure within the Office of Defense Programs. The conferees believe
that implementing such recommendations would reduce management costs and
increase the effectiveness of the Department's weapons programs.
The budget request included $15.7 million for the incremental
component of the construction upgrades at the Chemistry and Metallurgy
Research Facility at Los Alamos National Laboratory. Because of cost
overruns and pending the outcome of the Department's ongoing review into
this project, the conferees recommend $5.0 million for this activity.
The conferees adopt this position, without prejudice.
The conferees recommend $217.0 million, the amount requested, for
the inertial confinement fusion operating program. Within the total
amount authorized for this activity, the conferees recommend that $26.1
million be made available for the University of Rochester's Laboratory
for Laser Energetics, an increase of $2.5 million.
The conferees recommend an additional $10.0 million for a surety
program to improve waste minimization efforts related to the
Department's stockpile management program and an additional $8.0 million
to continue tritium facility upgrades initiated in fiscal year 1997 at
the Savannah River Site.
The conferees recommend $65.3 million for technology transfer and
education. Of this amount, the conferees recommend that $10.0 million be
made available for the American Textiles Partnership program.
Environmental restoration and waste management (sec. 3102)
The House bill contained a provision (sec. 3102) that would
authorize $5.3 billion for Department of Energy (DOE) environmental
restoration and waste management activities.
The Senate amendment contained a similar provision (sec. 3102) that
would authorize $5.1 billion for DOE environmental restoration and waste
management activities. The Senate amendment authorized $274.7 million
for Defense Environmental Management Privatization projects in a
separate provision.
The Senate recedes with an amendment that would authorize $5.5
billion for Environmental Management activities, including: $1.0 billion
for environmental restoration; $1.6 billion for waste management; $220.0
million for technology development; $1.3 billion for nuclear material
and facility stabilization; $20.0 million for policy and management;
$55.0 million for the Environmental Management science program; $875.0
million for closure projects; $345.8 million for program direction; and
$224.7 million for defense Environmental Management privatization. The
authorization includes a general reduction of $50.0 million.
The conferees recommend an additional $10.0 million for
environmental restoration. Of this increase, the conferees recommend an
additional $5.0 million to accelerate closure of the Hanford 100 Area in
Richland, Washington.
The conferees recommend an additional $35.3 million for waste
management. Of the funds available for waste management, the conferees
recommend an additional $12.0 million for the Savannah River site to
increase production at the Defense Waste Processing Facility (DWPF) and
$8.2 million to support high-level waste research and development work
at the Idaho National Engineering and Environmental Laboratory. The
conferees direct the Department to make available an additional $25.0
million to allow the consolidated incineration facility to operate at
full capacity, as originally intended, to assure that the DWPF operates
at its designed capacity, and that the site has sufficient funds to
accelerate the disposal of transuranic waste.
The conferees urge the Department to assess the cost savings that
may be available if it is able to develop a successful spent fuel or
high level waste storage cask system using high density concrete. Of the
waste management funds authorized in section 3102 of this title, no more
than $3.0 million may be made available for this demonstration project.
The conferees recommend an increase of $58.0 million to nuclear
material and facility stabilization to be allocated as follows: $47.0
million for nuclear material stabilization operations at the F- and
H-canyon facilities and $11.0 million for the National Spent Fuel
Program.
The conferees recommend $220.0 million for technology development, a
$37.9 million reduction. This reduction reflects the Department's
proposed reduction to the Technology Deployment Initiative and greater
cost-sharing with technology user organizations within the Department.
The conferees are supportive of the Office of Science and Technology's
efforts to move technologies from the late stages of research and
development into use. The conferees believe that Environmental
Management line organizations should place a greater emphasis on
innovative technical approaches when executing records of decision,
meeting tri-party agreement milestones, or selecting clean up and waste
management approaches. The Department has a poor record in deploying
DOE-developed cleanup and waste management technologies. The conferees
believe that senior management attention will be required if the
Department is to benefit from those
technologies that have already been developed by the
Department, but have not been applied at DOE facilities.
The conferees recommend $55.0 million for the Environmental
Management science program, an increase of $5.0 million.
The conferees recommend $20.0 million for the Office of Policy, a
$3.1 million reduction.
The conferees recommend $345.8 million for program direction, a
$42.5 million reduction.
The conferees recommend $875.0 million for the project closure
account, an increase of $860.0 million. The increase to this account has
been derived from the following sources: a transfer of $743.6 million
from environmental restoration, a transfer of $45.2 million from the
operations and maintenance account within the stockpile management
program, and an additional $71.2 million. The conferees recommend
allocating closure project account funds as follows: $648.4 million for
the Rocky Flats Environmental Technology Site and $226.6 million for the
Fernald Environmental Management Project. The conferees strongly support
the efforts of the adjacent communities to close these two sites within
the next ten years.
The transfer of $45.2 million from stockpile management represents
the costs associated with the provision of security at the Rocky Flats
Site and the Fernald Site. The conferees are aware that this transfer of
funds will also require the Office of Environmental Management to accept
custodial responsibility of weapons grade special nuclear material,
which constitutes a change in current practice.
Other defense activities (sec. 3103)
The budget request included $1.606 billion for Other Defense
Activities of the Department of Energy (DOE) for fiscal year 1998.
The House bill contained a provision (sec. 3103) that would
authorize $1.5 billion for Other Defense Activities, a reduction of
$93.4 million to the budget request.
The Senate amendment contained a provision (sec. 3103) that would
authorize $1.6 billion for Other Defense Activities, an increase of
$28.0 million to the budget request.
The conferees agree to a provision that would authorize $1.636
billion for Other Defense Activities.
Verification and control technology
The conferees agree to authorize $478.2 million for verification and
control technology.
The conferees are concerned by recent reports that a substantial
portion of the aid intended for Russian scientists under the Initiatives
for Proliferation Prevention (IPP) program is being siphoned off by
duties, regional taxes, overhead charges and other assessments by
Russian entities. The conferees direct the Secretary of Energy to report
to the Congress by March 31, 1998 on the impact of these charges on the
program and to provide detailed recommendations on how these problems
can be corrected.
To close gaps identified in DOE's nuclear smuggling program, the
conferees agree to provide $16.0 million for nuclear smuggling
activities, a $3.0 million increase, from funds available in
verification and control technology, to enhance further and accelerate
the Department's nuclear forensic analytical capability. The conferees
have been supportive of efforts by the Department of Defense (DOD) and
DOE to respond to any domestic terrorist use of weapons of mass
destruction. From the funds authorized for verification and control
technology, $2.0 million is available for training and related
activities to prepare federal, state, and local first responders to work
effectively as part of the domestic emergency response program. The
conferees understand that nuclear training curriculum for local first
responders has been prepared by the DOE defense programs, and that this
program is coordinated with the DOD, the agency responsible for
preparing the chemical and biological training and exercise programs. In
order to maximize the number of participants in the exercises, and to
take advantage of cost savings, the conferees recommend that DOE
continue to coordinate the activities of its exercises with the
executive agent and program manager for the DOD domestic emergency
preparedness program in order to integrate mixed scenarios of chemical,
biological and nuclear incidents in the exercises.
The Secretary of Energy was directed in the statement of managers
accompanying the conference report for the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 102 201) to provide
an annual evaluation to the Congress of the expected powers and expected
limits that define the extent to which science and technology can aid
the nonproliferation effort. The conferees direct the Secretary to
submit the first annual report on February 1, 1998. The conferees
continue to believe that advances in science and technology will improve
the ability to detect the presence, transportation, and use of weapons
of mass destruction. The ability of such advanced technologies to be
developed and used may, however, be impeded or otherwise affected by
regional powers and interests. The evaluation to be conducted should
include an analysis of regional and local situations, requirements, and
power structures that can either aid or deter deployment of new
technology for nonproliferation efforts.
International nuclear safety
The conferees agree to provide $47.0 million for nuclear energy,
including $35.0 million for international nuclear safety activities.
The conferees were recently notified that the DOE fiscal year 1999
funding for these activities will not be included in DOE national
security programs. The conferees appreciate the administration's intent
to comply with congressional guidance and to seek funding for these
activities from sources other than the defense accounts.
Naval reactors
The conferees recommend an increase of $44.5 million to the budget
request for naval reactors to expedite decommissioning and
decontamination activities at surplus training facilities.
The conferees consider the naval reactors program to be a critical
defense activity. The conferees are concerned that the DOE
has demonstrated a pattern of consistently underestimating
funding requirements for this program in budget requests. The conferees
strongly encourage the Department to request adequate funding for this
program in future fiscal year budget requests to allow this program to
accomplish the stated objectives in an efficient manner.
Declassification productivity initiative
The conferees continue to support the Declassification Productivity
Initiative. The conferees are concerned that the Department of Energy
lacks both the appropriate technical personnel and integrating
components required to carry out successfully this program. Recognizing
the complexities surrounding the development of a computer-aided system
to improve the efficiency and security of the declassification process,
the conferees are concerned that the limited funds provided to this
program are being allocated among numerous laboratories, universities,
and industry without clear technical direction or coordination by the
Department. The conferees direct the Director of the Office of
Declassification to begin to develop a management and integration
strategy to coordinate and streamline the various initiatives carried
out within the Declassification Productivity Initiative. In addition,
the conferees strongly discourage any shifting of funds from the
Declassification Productivity Initiative to other declassification
activities.
Environment, safety and health
The conferees recommend $94.0 million for environment, safety and
health (ES&H) activities, an increase of $40.0 million to the budget
request. Of the amount authorized, the conferees recommend $20.0 million
for ES&H program direction. The conferees believe that costs associated
with implementing and conducting oversight of the ES&H program should be
reflected in the same programmatic activity.
Independent cost assessment
The conferees recommend $15.0 million to be used by the Department
of Energy to provide for external reviews of the Department's individual
construction and privatization projects. The conferees direct the
Secretary of Energy to provide the congressional defense committees with
all reports generated in the process of conducting this assessment, and
to consult with the committees regarding all aspects of this review,
including contractor selection.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that would
authorize the Secretary of Energy to carry out any construction project
authorized under general plant projects if the total estimated cost
would not exceed $2.0 million. The provision would require the Secretary
to submit a report to Congress if the cost of the project is revised to
exceed $2.0 million. The report would fully explain the reasons for the
cost variation.
The Senate amendment contained a similar provision (sec. 3122) that
would authorize a construction project as a general plant project if the
current estimated cost for that project would exceed $5.0 million. If
the Secretary of Energy determines that the estimated cost of any
project will exceed $5.0 million, the congressional defense committees
must be notified of the reasons for the cost variation.
The House recedes.
The conferees note that the report required by section 3122 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201) to support increasing the threshold for general plant projects was
submitted late. The conferees urge the Department to submit reports on
or before the required due dates in the future.
Fund transfer authority (sec. 3124)
The House bill contained a provision (sec. 3124) that would permit
funds authorized by the bill to be transferred to other agencies of the
government for performance of work for which the funds were authorized
and appropriated. The provision would permit the merger of such funds
with the authorizations of the agency to which they are transferred.
This provision would also limit, to no more than five percent, the
amount of such funds that may be transferred between authorization
accounts in the Department of Energy that were authorized pursuant to
this act.
The Senate amendment contained a similar provision (sec. 3124).
The Senate recedes with a clarifying amendment.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that would limit
the Secretary of Energy's authority to request construction funding
until the Secretary certifies that a conceptual design has been
completed, except in the case of emergencies. This limitation would
apply to construction projects with a total estimated cost in excess of
$2.0 million. If the estimated cost of the design exceeds $3.0 million,
the provision would require the Secretary to request funds for the
design before requesting funds for the construction project. The
provision would also require the Secretary to submit to Congress a
report on each conceptual design completed under this paragraph.
The Senate amendment contained a similar provision (sec. 3125) that
would apply to construction projects with a total estimated cost in
excess of $5.0 million.
The Senate recedes with an amendment that would limit the
Secretary's authority to request construction funding for projects with
an estimated cost in excess of $5.0 million until the Secretary has
certified a conceptual design has been completed, except in emergencies.
Availability of funds (sec. 3128)
The Senate amendment contained a provision (sec. 3128) that would
authorize amounts appropriated for operating expenses or for plant and
capital equipment to remain available until expended.
The House bill contained no similar provision.
The House recedes with an amendment that would direct that funds
authorized to be appropriated for program direction activities in fiscal
year 1998 would be available to be expended until the end of fiscal year
2000.
Transfers of defense environmental management funds (sec. 3129)
The House bill contained a provision (sec. 3128) that would provide
the manager of each field office of the Department of Energy (DOE) with
the limited authority to transfer fiscal year 1998 defense environmental
management funds from one program or project under the jurisdiction of
the office to another such program or project, once in the fiscal year.
The Senate amendment contained a similar provision (sec. 3137) that
would extend and make permanent the limited authority to transfer
defense environmental management funds originally authorized in section
3139 of the National Defense Authorization Act for Fiscal Year 1997.
The Senate recedes with a clarifying amendment.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Memorandum of understanding for use of national laboratories
for Ballistic Missile Defenses programs (sec. 3131)
The House bill contained a provision (sec. 3131) that would
establish a program within the Department of Energy weapons laboratories
for the purpose of assisting the Department of Defense in the testing
and development of a ballistic missile defense program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of Energy and the Secretary of Defense to enter into a memorandum of
understanding as to how the Department of Energy national laboratories
could be utilized more fully to support the ballistic missile defense
program.
Defense environmental management privatization projects (sec. 3132)
The Senate amendment contained a provision (sec. 3131) that would
establish criteria for the initiation of Department of Energy Defense
Environmental Management Privatization contracts.
The provision would prohibit the Department from incurring any
contractual obligations for a privatization contract until 30 days after
the date on which the Department submits to the congressional defense
committees a report on that privatization project that describes the
Department's anticipated contractual commitments for such project, the
cost of the proposed project versus the baseline cost, any assumptions
underlying cost savings estimates, and a discussion of the Department's
plans to maintain financial and programmatic accountability under such
contracts.
The provision would direct the Department to report on the
Secretary's ability to enter into privatization contracts in the absence
of sufficient appropriations to meet obligations under such contracts.
The House bill contained a provision (sec. 3145) that would place
similar restrictions on the tank waste remediation system project.
The House recedes with an amendment that would provide the Secretary
discretionary authority to use a privatization contract to carry out a
project for which funds are authorized pursuant to section 3102 of this
Act. The provision would also require the Department of Energy to
provide a detailed justification and analysis of the comparative costs
to the United States of constructing two nuclear waste vitrification
plants under the tank waste remediation system project, should the
Secretary of Energy choose to do so.
The conferees direct the Secretary of Energy to examine and report
to the congressional defense committees on the Department's authority to
create an escrow account to offset any reasonably foreseeable costs to
the government that may arise if any privatization contracts are
canceled or terminated for the convenience of the government. The report
should also recommend any legislation needed to eliminate any potential
conflicts arising from the anti-deficiency provisions found in section
3191 of title 31, United States Code.
International cooperative stockpile stewardship programs (sec. 3133)
The Senate amendment contained a provision (sec. 3132) that would
prohibit the Department of Energy (DOE) from pursuing cooperative
stockpile stewardship and management activities with certain nations.
The House bill contained no similar provision.
The House recedes.
The conferees remain concerned that initiation of an ongoing
international cooperative stockpile stewardship and management program
could have unintended detrimental effects on U.S. national security
interests. This provision would extend for one year the prohibition
established by section 3138 of the National Defense Authorization Act
for Fiscal Year 1997. The intent of this provision is to prohibit
establishment of a permanent program of international cooperative
stockpile stewardship, with an exception for activities that might be
undertaken with the United Kingdom and France. The provision would not
apply to activities carried out by DOE under cooperative threat
reduction programs with nations of the former Soviet Union, or to the
Department of Energy materials protection, control, and accounting or
the initiatives for proliferation prevention programs. The prohibition
would apply to all other DOE activities, including but not limited to
laboratory directed research and development funds.
The conferees do not intend this prohibition to prevent the
President's ability to respond to developments which might threaten the
national security of the United States. The conferees believe that the
President has sufficient flexibility to address such specific
incidents should they arise and the provision would not
prohibit such action.
Modernization of enduring nuclear weapons complex (sec. 3134)
The House bill contained a provision (sec. 3101) that would provide
an increase of $85.0 million for the Department of Energy's (DOE)
stockpile management program to be used for weapons production plants
infrastructure upgrades and the Stockpile Life Extension, Enhanced
Surveillance, and Advanced Development Programs carried out at DOE
production plants.
The Senate amendment contained a provision (sec. 3133) that would
provide an additional $15.0 million to support modernization efforts
being carried out at the Department of Energy's four nuclear weapons
production plants (Pantex, Kansas City, Y 12, and Savannah River). The
provision would require the Department to submit, not later than 30 days
after enactment of this provision, a report describing the Department's
plans to allocate the funds authorized by this section and the relevance
of each allocation to implementing the decisions in the Final
Programmatic Environmental Impact Statement for Stockpile Stewardship
and Management. The funds authorized for this activity could not be
obligated until 30 days after the congressional defense committees
receive the Department's proposed allocation report as required by this
provision.
The House recedes with an amendment that would increase funding for
the stockpile management account to provide an additional $85.0 million
for these activities.
The conferees direct that the funds be allocated as follows: $25.0
million for the Pantex Plant for basic infrastructure needs including
roof repair, electric power service upgrades, steam and condensate
piping upgrades, fire enunciation systems, and Enhanced Surveillance
Program activities; $25.0 million for the Kansas City Plant for basic
infrastructure needs including roof repair, installation of advanced
manufacturing equipment, and Advanced Manufacturing Program activities;
and $35.0 million for the Y 12 plant for basic infrastructure needs, W
87 work load requirements, Advanced Manufacturing Program activities,
and Stockpile Life Extension Program activities. Of the amounts made
available by this provision, not more than five percent shall be
allocated collectively to management overhead, program direction, and
technical budgetary, accounting, and other analytical support to the
DOE. The remainder shall be expended by the four production plants
exclusively for the programs described.
The conferees concur with the Department's goal to implement
advanced manufacturing technology at DOE plants and laboratories to
improve production efficiencies and maintain core competencies within
the DOE nuclear weapons production complex. The conferees understand
that such modernization upgrades will require coordination among the
four production plants and the three design laboratories.
The conferees remain concerned with the Department's plans to
maintain the capability and capacity to refurbish and, when necessary,
remanufacture nuclear weapons components in the Nation's nuclear weapons
stockpile. The committee is concerned that the Department may be overly
relying on new, ``science-based'' stockpile stewardship and management
approaches at the risk of losing manufacturing capabilities and
expertise.
The conferees are deeply troubled that the Department has failed to
meet fully the intent of section 3137 of the National Defense
Authorization Act for Fiscal Year 1996 and section 3132 of the National
Defense Authorization Act for Fiscal Year 1997 calling for modernization
of the four nuclear weapons production plants.
The conferees believe that the Department did not fully meet the
requirements or intent of these sections and related guidance provided
in conference reports accompanying these Acts and the 1996 and 1997
Energy and Water Development Appropriations Acts. The conferees note
that the General Accounting Office has identified certain Nuclear
Weapons Stockpile Memorandum requirements that may not be met by the
Department due to insufficient resources being allocated to the four
traditional production plants. The conferees believe that the
manufacturing facilities must be modernized as directed in the National
Defense Authorization Act for Fiscal Year 1996 and the National Defense
Authorization Act for Fiscal Year 1997, or these problems will continue.
Tritium production (sec. 3135)
The Senate amendment contained a provision (sec. 3134) that would
make available $262.0 million for the Department of Energy (DOE) tritium
production program. The provision would require DOE to select a tritium
production technology not later than June 30, 1998. The provision would
also prohibit the Department from obligating funds appropriated or
otherwise made available pursuant to this Act for exploration of any
tritium production technology option, other than those being examined
under the Department's ``dual track'' approach, until July 30, 1998, or
30 days after such time that the Department selects a preferred
technology option, whichever comes later. The provision would also
require the Secretary of Energy to submit a report describing for each
technology option any regulatory barriers, licensing difficulties,
potential for production rate variability, scientific benefits, revenue
generation and other ancillary benefits.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Department of Energy to select a tritium production technology not later
than December 31, 1998.
The conferees continue to believe that the Department can move
faster to select a preferred technology option and acquire a permanent
new tritium production source capable of meeting the requirements of the
Nuclear Weapons Stockpile Memorandum, which identifies a new tritium
production date in the year 2005 in the case a reactor option is
selected and 2007 if an accelerator option is selected. While the
conferees recognize that future tritium requirements could change if the
United States enters into treaties that reduce the numbers of strategic
and tactical nuclear weapons, the production capacity that the United
States will need to maintain at START I and START II levels will remain
essentially constant.
Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at the Savannah River Site (sec.
3136)
The Senate amendment contained a provision (sec. 3135) that would
make available an additional $47.0 million above the budget request for
the F-canyon and H-canyon facilities to accelerate the stabilization of
legacy materials at the Savannah River Site. The provision would further
require that the Secretary of Energy maintain a high state of readiness
of the F-canyon and H-canyon facilities.
The House bill contained no similar provision.
The House recedes.
The conferees note that the House bill recommended $41.0 million for
similar activities.
Limitations on use of funds for laboratory directed research
and development purposes (sec. 3137)
The Senate amendment contained a provision (sec. 3136) that would
modify section 3136 of the National Defense Authorization Act for Fiscal
Year 1997 by requiring the annual report on uses of Laboratory Directed
Research and Development (LDRD) funds be provided to the congressional
defense committees not later than February 1 of each year. The provision
would also prohibit the Department of Energy (DOE) from obligating more
than 30 percent of the funds appropriated or otherwise made available to
the DOE in fiscal year 1998 for LDRD programs until the Department
submits the annual report for fiscal year 1997.
The provision would limit the use of funds appropriated or otherwise
made available to the DOE under section 3101 of this Act to LDRD and
technology transfer activities that support the weapons activities of
the Department. The provision would similarly limit use of funds
appropriated or otherwise made available to the DOE under section 3102
of this Act to those activities that support the environmental
restoration, waste management, or materials stabilization activities of
the Department.
The provision would require the Department to include in the fiscal
year 1998 annual report an assessment of the funding required to carry
out an effective LDRD program, including any recommendations for the
percentage of funds that should be provided to the National Laboratories
for LDRD activities by the Federal Government.
The House bill contained no similar provision.
The House recedes.
The conferees recognize that programs such as LDRD are essential to
maintaining the core competencies of the National Laboratories. The
conferees will assess the Department's recommendations regarding the
appropriate percentage of funds to be provided to this program in
conjunction with any existing or future restrictions that might be
considered for this program.
Pilot program relating to use of proceeds of disposal or
utilization of certain Department of Energy assets (sec. 3138)
The Senate amendment contained a provision (sec. 3140) that would
permit the Secretary of Energy to establish a pilot program to
promote the sale of certain real and personal property surplus to the
needs of the Federal government and allow the Department of Energy (DOE)
to retain in the DOE defense Environmental Restoration and Waste
Management accounts 50 percent of the net proceeds from such sales. The
retained funds would be available for use, subject to appropriation
acts, in the Environmental Restoration and Waste Management programs.
The provision would authorize the Department to initiate six asset
disposition pilots and would permit the Department to deduct costs
associated with preparing the asset for sale prior to calculating the
net proceeds from the sale.
The House bill contained no similar provision.
The House recedes with an amendment that would make clear that all
net proceeds from sales under the pilot program would not be retained by
the Department of Energy, but instead would be returned to the Treasury
as miscellaneous receipts.
Modification and extension of authority relating to
appointment of certain scientific, engineering, and technical personnel
(sec. 3139)
The House bill contained a provision (sec. 3144) that would extend
through fiscal year 1999 the authority of the Secretary of Energy to
appoint certain scientific, engineering, and technical personnel to
positions within the Department without regard to the provisions
governing the appointments in the competitive service, and General
Schedule classification schedules and pay rates contained in title 5,
United States Code.
The Senate amendment contained a similar provision (sec. 3152) that
would also repeal the requirement for the Administrator of the
Environmental Protection Agency to submit a report to Congress on the
effects of this hiring authority on the cleanup carried out at sites
listed on the National Priorities List (also known as ``Superfund''
sites).
The House recedes.
Limitation on use of funds for subcritical nuclear weapons
tests (sec. 3140)
The House bill contained a provision (sec. 3146) that would require
the submission of a detailed report on the manner in which funds
available to the Secretary of Energy for fiscal years 1996 and 1997 to
conduct subcritical experiments were used. The provision would prohibit
the Secretary from using any funds authorized in fiscal year 1998 to
conduct subcritical experiments until 30 days after receipt of such
report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the Secretary
to conduct subcritical experiments prior to submittal of the report, if
the Secretary determines that it is in the national security interests
of the United States to do so. While the conferees strongly support
these tests, they are concerned that over $100.0 million has apparently
been spent with only two tests completed.
Limitation on use of certain funds until future use plans are
submitted (sec. 3141)
The House bill contained a provision (sec. 3147) that would limit
the ability of the Secretary of Energy to spend funds authorized for the
Office of Policy and Management within the defense environmental
management program until the draft future use plans and the final future
use plans required under section 3153(f) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201) are
submitted.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would allow the Secretary
to identify an alternative date for individual site plans if the
Secretary finds that a site cannot meet the current due date of March
15, 1998 for submittal of its final future use plan.
SUBTITLE D--OTHER MATTERS
Plan for stewardship, management, and certification of
warheads in the nuclear weapons stockpile (sec. 3151)
The House bill contained a provision (sec. 3141) that would require
the Secretary of Energy to report annually on the Department of Energy
(DOE) plan for the Stockpile Stewardship and Management Program. The
report would describe the status and condition of the U.S. nuclear
weapons stockpile, based on the requirements set forth in the Nuclear
Weapons Stockpile Memorandum. This report would be submitted in both a
classified and unclassified form and would be provided in lieu of a
number of other reporting requirements which have been superseded and
would be repealed by this section.
The Senate amendment contained a similar provision (sec. 3153).
The Senate recedes with an amendment that would consolidate the
repeal of obsolete reporting requirements in a separate section in Title
XXXI of this Act.
Repeal of obsolete reporting requirements (sec. 3152)
The House bill contained a provision (sec. 3142) that would repeal a
number of obsolete reporting requirements.
The Senate amendment contained a similar provision (sec. 3155).
The House recedes.
Study and funding relating to implementation of workforce
restructuring plans (sec. 3153)
The House bill contained a provision (sec. 3143) that would modify
and repeal selected provisions of section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102 484). The
provision would eliminate the authority of the Department of Energy
(DOE) to make assistance grants without approval by the Secretary of
Commerce and the Secretary of Labor, as appropriate; reduce from 120
days, to 90 days the applicable notice periods provided to employees to
be separated; allow DOE to fund the program
from available unobligated balances; and require a study by an
outside auditor to assess the costs and benefits provided by this
program since its inception.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change the date of
the required report from January 1, 1998 to March 31, 1998; restore the
direction in current law for a 120-day waiting period prior to
implementation of a separation plan; modify the requirement for the
Secretaries of Commerce and Labor to approve grants; and eliminate the
use of uncosted balances to offset the fiscal year 1998 budget for
worker transition activities.
The conferees note that the direction found in section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102
484) to give contract employees at DOE sites a 120-day waiting period
prior to separations of large numbers of employees is a target only. The
conferees further note current law mandates only a 60-day waiting period
prior to large separations. The conferees encourage the Secretary of
Energy and the Secretary of Defense to identify and seek to make
available to the auditing firm conducting the study any relevant
documents in the possession of other federal agencies. In encouraging
access to all relevant documents, the conferees do not anticipate any
document that could interfere with or jeopardize any ongoing
investigation of the DOE Office of Inspector General or other federal
agencies would be made available.
Plan for external oversight of national laboratories (sec. 3154)
The House bill contained a provision (sec. 3148) that would require
the Secretary of Energy to develop a plan for the external oversight of
the national laboratories. The plan would provide for the establishment
of an external oversight committee comprised of representatives of
industry and academia for the purpose of making recommendations to the
Secretary of Energy and to the congressional defense committees on the
productivity of the laboratories and on the excellence, relevance, and
appropriateness of the research conducted at the laboratories. The plan
also would provide for the establishment of a competitive peer review
process for funding basic research at the laboratories.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to prepare a report on existing and potential new external
oversight practices at the national laboratories. The report would be
due not later than July 1, 1999, and would include any recommendations
from the Secretary and a plan to implement such recommendations.
University-based research collaboration program (sec. 3155)
The House bill contained a provision (sec. 3149) that would require
the Secretary of Energy to establish a university-based research center
to coordinate the collaboration among national laboratories,
universities and industry in support of scientific and engineering
advancement in key Department of Energy defense program areas.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to establish a university-based collaborative program to
coordinate national laboratory, university, and industry cooperation in
support of scientific and engineering advancement in key Department of
Energy defense program areas.
Stockpile stewardship program (sec. 3156)
The House bill contained a provision (sec. 3150) that would provide
that, as a matter of U.S. policy, the Department of Energy stockpile
stewardship program shall be conducted in conformity with the
Non-Proliferation Treaty and the Comprehensive Test Ban Treaty, if and
when that treaty enters into force. The provision would also state that
it is the policy of the United States to conduct a stockpile stewardship
and management program to ensure the safety, security, effectiveness,
and reliability of the U.S. nuclear weapons stockpile, consistent with
U.S. national security requirements.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Reports on advanced supercomputer sales to certain foreign
nations (sec. 3157)
The House bill contained a provision (sec. 3151) that would require
companies that participate in the Department of Energy Accelerated
Strategic Computing Initiative (ACSI) program to report to the Secretary
of Energy and the Secretary of Defense, on a quarterly basis, the sale
of each computer that exceeds an operating speed of 2,000 million
theoretical operations per seconds (MTOPs) in which a Tier III country
is the purchaser. The provision would require the Secretary of Energy to
provide an annual report to Congress on the sales of computers in excess
of 2,000 MTOPs by companies participating in the ACSI program the
preceding year.
The Senate amendment contained no similar provision.
The Senate recedes.
Transfers of real property at certain Department of Energy
facilities (sec. 3158)
The House bill contained a provision (sec. 3152) that would direct
the Secretary of Energy to issue guidelines for the sale or lease of
real or personal property at Department of Energy (DOE) defense nuclear
facilities. The provision would also provide the Secretary discretionary
authority to grant indemnification for damage to real or personal
property from certain activities by DOE on the land to be transferred.
The Senate contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
to issue regulations governing the sale or transfer of land at DOE
defense nuclear facilities that is excess to DOE needs. The regulations
should address when it is appropriate for the Department to transfer or
lease real property below fair market value or at fair
market value. The DOE should look for guidance from the
regulations issued by the Department of Defense governing transfers at
closing military bases.
Such leases and transfers would take place to enhance economic
redevelopment and reuse activities in the local communities surrounding
DOE defense facilities. As the DOE downsizes and closes facilities, many
of the local communities in the vicinity of a DOE facility will need
assistance to transition away from a local economy focused largely on
DOE activities, to one based on private sector or other, non-DOE,
federal activities.
The amendment would also provide discretionary authority to the
Secretary to indemnify transferees of real property at DOE defense
nuclear facilities. This provision would establish procedures that are
similar to authorities provided to the Secretary of Defense at closing
military bases by section 330 of the National Defense Authorization Act
for Fiscal Year 1993. The conferees urge the Secretary to exercise the
discretionary authority provided under this title only when it is deemed
essential for the purposes of facilitating local reuse or redevelopment.
Requirement to delegate certain authorities to site manager
of Hanford Reservation (sec. 3159)
The House bill contained a provision (sec. 3153) that would modify
section 3173(b) of the National Defense Authorization Act for Fiscal
Year 1997 by making delegation of authority to the manager of the
Hanford Reservation in Richland, Washington, described in that section,
mandatory rather than discretionary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the mandatory
transfer of authority to a period of one year.
Submittal of biennial waste management reports (sec. 3160)
The Senate amendment contained a provision (sec. 3154) that would
amend section 3153 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 104 360) by changing the future date for the next
biennial Baseline Environmental Management Report to 1999, rather than
1997.
The House bill contained no similar provision.
The House recedes.
Board on security functions of Department of Energy (sec. 3161)
The Senate amendment contained a provision (sec. 3156) that would
establish a commission to review the sufficiency of Department of Energy
(DOE) nuclear weapons and materials safeguards and security programs.
This commission would review threat determinations and assumptions,
relevant DOE orders, and other requirements governing safeguards and
security of nuclear weapons, weapons components, nuclear materials, and
sensitive nuclear weapons information at DOE facilities. The commission
would report its findings and any recommendations to the Secretary of
Energy and congressional defense committees not later than February 15,
1998.
The House bill contained no similar provision.
The House recedes with an amendment that would create a permanent
Department of Energy Safeguards and Security Oversight Board to review
and assess the DOE safeguards and security program. The Board would be
comprised of the DOE Secretary, Assistant Secretary for Defense
Programs, Assistant Secretary of Environment, Safety and Health,
Director of Non-proliferation and National Security, Director of Field
Management, and five additional members, who are not employees of the
Department of Energy or its contractors, to be appointed as follows:
three by the Secretary of Defense, one by the Director of Central
Intelligence, and one by the Director of the Federal Bureau of
Investigation.
Submittal of annual report on status of security functions at
nuclear weapons facilities (sec. 3162)
The Senate amendment contained a provision (sec. 3156) that would
establish a commission to review the sufficiency of Department of Energy
nuclear weapons and materials safeguards and security programs. The
provision would require the commission to report annually to the
Congress on its activities and findings.
The House bill contained no similar provision.
The conferees agree to include a new provision that would direct the
Secretary of Energy to submit to the congressional defense committees
the annual report to the President on the Status of Safeguards and
Security of Domestic Nuclear Weapons Facilities. For fiscal years 1998
through 2000, the Secretary would include with the annual report any
comments from individual members of the Department of Energy Safeguards
and Security Oversight Board.
Modification of authority on commission on maintaining United
States nuclear weapons expertise (sec. 3163)
The Senate amendment contained a provision (sec. 3157) that would
extend by one year the due date for the report to be prepared by the
Commission on Maintaining United States Nuclear Weapons Expertise. The
provision would amend section 3162 of the National Defense Authorization
Act for Fiscal Year 1997, which established the Commission. The
provision would permit the Senate Majority Leader to designate a
chairman of the Commission, after consultation with the Speaker of the
House of Representatives, upon appointment of the fifth member of the
Commission. The provision would allow the Commission to begin its work
when a chairman is appointed. The provision would also extend the due
date for the Commission's report from March 15, 1998 to March 15, 1999.
The House bill contained no similar provision.
The House recedes with an amendment that would permit the Majority
Leader of the Senate to appoint a chairman after January 1, 1998.
Land transfer, Bandelier National Monument (sec. 3164)
The Senate amendment contained a provision (sec. 3158) that would
direct the Secretary of Energy to transfer ownership of approximately
4.5 acres of land at the Department of Energy's Los Alamos National
Laboratory site in Los Alamos County, New Mexico, to the Department of
the Interior.
The House bill contained no similar provision.
The House recedes.
The Department of the Interior constructed and manages sewage
lagoons on this parcel of land. The transfer would allow the Department
of the Interior to manage the lagoons in a more efficient manner.
Final settlement of Department of Energy community assistance
obligations with respect to Los Alamos National Laboratory, New Mexico
(sec. 3165)
The Senate amendment contained a provision (sec. 3160) that would
require the Department of Energy (DOE) to identify and transfer to the
County of Los Alamos and the Secretary of the Interior, in trust for the
Pueblo San Ildefonso, those lands that are part of the Los Alamos
National Laboratory that are surplus to the needs of the Federal
government. The provision establishes time deadlines for DOE to identify
and report to Congress on the recommended parcels of land to be
transferred, to conduct title searches on the parcels, to complete
environmental impact assessments, and to transfer title or
administrative control of the land. The provision would prohibit the
Department from making any further assistance payments under sections 91
and 94 of the Atomic Energy Community Act of 1955 to county or city
governments in the vicinity of the Los Alamos National Laboratory.
The House bill contained no similar provision.
The House recedes with clarifying amendments.
Sense of Congress regarding the Y 12 Plant in Oak Ridge,
Tennessee (sec. 3166)
The Senate amendment contained a provision (sec. 3161) that would
designate the Department of Energy Y 12 plant in Oak Ridge, Tennessee as
the National Prototype Center.
The House bill contained no similar provision.
The House recedes with an amendment that would express a sense of
Congress that the Y 12 plant should serve as a national prototype
center.
Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico (sec. 3167)
The Senate amendment contained a provision (sec. 3162) that would
authorize the Department of Energy (DOE) to make a $5.0 million payment
to a not-for-profit education foundation in the area around the Los
Alamos National Laboratory to enrich educational activities of the local
school system. DOE contributions to this foundation would be used to
establish a fund, the corpus of which would remain in trust and the
annual revenue used to support the local school system.
The House bill contained no similar provision.
The House recedes with an amendment that would require the DOE to
report on how such payments would be terminated not later than September
2002 and how such payments will satisfy the Department's full obligation
to provide education assistance to the local school system.
The conferees expect that the Secretary of Energy will make no more
than five total annual payments to this fund for a total contribution of
$25.0 million. The conferees further expect that upon completion of the
final payment, all such DOE assistance to the local school system will
have been provided.
Improvements to Greenville Road, Livermore, California (sec. 3168)
The Senate amendment contained a provision (sec. 3163) that would
authorize the Department of Energy to pay $3.5 million and $3.8 million
in fiscal years 1998 and 1999, respectively, for improvements to
Greenville Road, a road which abuts the Lawrence Livermore National
Laboratory in Livermore, California.
The House bill contained no similar provision.
The House recedes with an amendment that would decrease the payment
authorized to be made in fiscal year 1999 from $3.8 million to $3.3
million, consistent with the Department's request.
The conferees agree with the Department's proposal to collect these
funds from indirect charges at the two laboratories located at the
Livermore Site, Lawrence Livermore National Laboratory and Sandia
National Laboratory-Livermore. These payments will constitute the final
contribution from the Department of Energy to this project.
Report on alternative system for availability of funds (sec. 3169)
The Senate amendment contained a provision (sec. 3128) that would
authorize amounts appropriated for operating expenses or for plant and
capital equipment to remain available until expended.
The House bill contained no similar provision.
The conferees agree to include a new provision that would direct the
Secretary of Energy to submit to the congressional defense committees a
report setting forth a proposal to bring the Department of Energy (DOE)
more closely into line with other federal agencies. In preparing the
report, the Secretary is instructed to look carefully at all of the DOE
national security program funds and determine the length of time, by
account, the funds should be available for obligation. The conferees
expect the plan would be incorporated into the President's budget
request for fiscal year 2000.
Report on remediation under the Formerly Utilized Sites
Remedial Action Program (sec. 3170)
The Senate amendment contained a provision (sec. 3138) that would
require the Secretary of Energy to prepare a report on the progress,
costs, and liability issues associated with remediation activities
carried out pursuant to the Formerly Utilized Sites Remedial Action
Program. The report would be due not later than March 1, 1998.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on proposed contract for Hanford tank waste vitrification project
The House bill contained a provision (sec. 3145) that would require
prior notice to the congressional defense committees before entering
into a contract for the Hanford tank waste vitrification project. The
provision would also require the submission of a detailed report
describing the activities to be carried out under the contract, the
contractual and financial aspects of the contract, and an analysis of
the cost to the United States of the proposed contract over the life of
the project.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to include the substance of this provision in
another section in Title XXXI of this Act dealing with defense
environmental management privatization projects.
Defense environmental management privatization
The Senate amendment contained a provision (sec. 3104) that would
authorize $274.0 million for the Defense Environmental Management
Privatization program.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize funding for these projects in
section 3102 of this Act.
Tritium production in commercial facilities
The Senate amendment contained a provision (sec. 3139) that would
amend section 91 of the Atomic Energy Act (AEA) to authorize the
Secretary of Energy to produce tritium for defense-related purposes in a
commercial nuclear power reactor.
The House bill contained no similar provision.
The Senate recedes.
Tritium gas, an isotope of hydrogen, is an essential ingredient in
all modern nuclear weapons. Tritium has a radioactive half life of 12.3
years, and decays at a rate of five percent per year. As a result, the
tritium in weapons in the U.S. nuclear weapons stockpile must be
replaced periodically. Based on current projections of the size of the
U.S. nuclear weapons stockpile, recycling tritium from weapons
eliminated from the stockpile cannot fulfill this requirement.
In December 1995, the Department of Energy announced its dual-track
strategy for new tritium production. Utilizing the dual-track strategy
since that time, the Department has been pursuing the two most promising
tritium production technologies: (1) the purchase of an operating or
partially complete commercial light-water reactor, or lease of a
completed reactor, or the purchase of irradiation services from the
owner or operator of such a reactor; and (2) the design, construction,
and testing of critical components of a proton accelerator system for
the production of tritium. The dual-track strategy will enable the
Department to select a primary option for tritium production by December
1998, consistent with current Department of Defense and nuclear weapons
stockpile requirements, policy, and life-cycle cost budgetary
considerations. The option not selected would serve as a backup
capability in the event of technical or other difficulties.
Over the last 19 months, DOE has gained increased confidence in the
abilities of both options to produce an assured supply of tritium.
The accelerator program has made significant advances through the
use of superconducting and other design concepts to reduce the cost and
technical risks that have been identified in conjunction with the
accelerator. The commercial light water reactor program has also made
significant progress in designing and producing tritium target rods. In
the fall of 1997, DOE will place these tritium target rods in a
commercial reactor in an effort to demonstrate the safety and
reliability of tritium production in a light water reactor.
Each track has additional uncertainties that must be addressed and
answered to enable the Department to make its primary tritium production
decision by December 1998.
The conferees agreed to withdraw the proposed amendment to the AEA
in order to allow a full and robust debate on the policy and legal
implications of producing tritium for nuclear weapons in a commercial
nuclear facility. While questions exist as to whether or not current law
prohibits production of tritium in a commercial facility, and because
concerns have been raised regarding the effect that a decision to
produce tritium in this manner would have on U.S. non-proliferation
strategy, the conferees believe the policy, legal, and regulatory issues
that have been raised must be addressed in a comprehensive manner prior
to passage of any amendments to facilitate such a choice.
The commercial reactor track contains many sub-options for tritium
production. As a practical matter, each of the different reactor
sub-options has different legal and policy issues associated with it.
The conferees believe that it would be helpful to the effort to secure
necessary legislative changes if DOE could identify the preferred
commercial reactor sub-option in advance of the final tritium production
technology decision, preferably by March 1, 1998.
The conferees believe that it is essential for DOE to identify and
assess any policy issues associated with the various reactor sub-options
in conjunction with other federal agencies including the Nuclear
Regulatory Commission, the Department of Defense, and the Department of
State arms control offices. The conferees direct the Secretary of Energy
to utilize a senior level, interagency process to review and assess the
issues associated with the commercial reactor option. This assessment
should be completed before DOE identifies a preferred reactor
sub-option.
The conferees request the DOE propose to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives, by March 15, 1998, any legislation necessary
to resolve the issues associated with either of the dual-track
production technologies. This would allow the legislation to be in
place in advance of the DOE's final decision in December 1998.
The conferees expect the Secretary of Energy to include full funding to
continue to evaluate each tritium production technology in the
dual-track strategy. The conferees will continue to work closely with
DOE to gain the knowledge necessary to address and resolve issues
associated with the dual-track tritium production technologies in order
to allow the Department to select the tritium production option that
best meets U.S. policy, national security and budgetary requirements.
Administration of certain Department of Energy activities
The Senate amendment contained a provision (sec. 3151) that would
amend sections 501 and 624 of the Department of Energy Organization Act
and repeal section 17 of the Federal Energy Act. This provision would
bring the Department of Energy (DOE) under the full scope of the Federal
Advisory Committee Act and would bring DOE under the full scope of the
Administrative Procedure Act when issuing regulations dealing with
public property, loans, grants, or contracts.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this provision was enacted into law by ``The
Department of Energy Standardization Act of 1997'' (Public Law 105 28).
Participation of the national security activities in Hispanic
Outreach Initiative of the Department of Energy
The Senate amendment contained a provision (sec. 3159) that would
direct the Secretary of Energy to ensure the adequate participation of
the Department of Energy (DOE) national security activities in the
National Hispanic Outreach Initiative.
The House bill contained no similar provision.
The Senate recedes.
The Secretary of Energy has established, for each DOE program
element, participation goals to utilize Hispanic and other predominately
or historically minority institutions, in carrying out DOE missions. The
defense programs have not participated in a meaningful way in the
Hispanic portions of the initiative.
The initiative was announced by the DOE with much fanfare and yet,
particularly in northern New Mexico, there has been little indication
that DOE is working to fulfill its promises to utilize more fully
Hispanic institutions in carrying out defense program missions. The
conferees encourage the Secretary of Energy to seek uniform
participation in this initiative.
TTITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Overview
The budget request for fiscal year 1998 contained an authorization
of $17.5 million for the Defense Nuclear Facilities Safety Board. The
House bill would authorize $17.5 million. The Senate amendment would
authorize $17.5 million. The conferees recommended an authorization of
$17.5 million. Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
LEGISLATIVE PROVISIONS ADOPTED
Report on external regulation of defense nuclear facilities (sec. 3202)
The House bill contained a provision (sec. 3202) that would require
the Defense Nuclear Facilities Safety Board (DNFSB) to develop a plan,
in consultation with the Secretary of Energy and the Nuclear Regulatory
Commission (NRC), for the transfer of DNSFB's functions to the NRC.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the Board to
submit a report recommending which facilities should be retained under
the jurisdiction of the Board and which facilities should be transferred
to an external regulatory agency; require the Board to assess regulatory
requirements and jurisdictional issues surrounding the defense
environmental management privatization initiative and the proposed
commercial light water reactor option for tritium production; remove the
repeal of section 210 of the Department of Energy National Security and
Military Applications of Nuclear Energy Authorization Act of 1981 (42
U.S.C. 7272); and require the Board to submit an interim report within 6
months of the date of enactment of this section and a final report
within 12 months.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
LEGISLATIVE PROVISIONS ADOPTED
Definitions (sec. 3301)
The Senate amendment contained a provision (sec. 3301) defining the
National Defense Stockpile and National Defense Stockpile Transaction
Fund as those which are established under the Strategic and Critical
Materials Stock Piling Act.
The House bill contained no similar provision.
The House recedes.
Authorized uses of stockpile funds (sec. 3302)
The House bill contained a provision (sec. 3301) that would
authorize $73.0 million from the National Defense Stockpile Transaction
Fund for the operation and maintenance of the National Defense Stockpile
for fiscal year 1998. This provision would also permit the use of
additional funds for extraordinary or emergency conditions after a
notification to Congress.
The Senate amendment contained a provision (sec. 3302) that would
authorize the Stockpile Manager to obligate $60.0 million from the
National Defense Stockpile Transfer Fund during fiscal year 1998 for the
authorized uses of funds under section 9(b)(2) of the Strategic and
Critical Materials Stockpiling Act.
The Senate recedes.
Disposal of beryllium copper master alloy in National Defense
Stockpile (sec. 3303)
The House bill contained a provision (sec. 3302) that would
authorize the Department of Defense to dispose of all beryllium copper
master alloy from the National Defense Stockpile, contingent upon
certification by the National Defense Stockpile Manager that any
disposal of this material will not adversely affect the strategic and
critical material needs of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Disposal of titanium sponge in the National Defense Stockpile
(sec. 3304)
The House bill contained a provision (sec. 3303) that would
authorize the Department of Defense to dispose of 34,800 short tons of
titanium sponge in the National Defense Stockpile.
The Senate amendment contained a provision (sec. 3303) that would
authorize the disposal of several materials from the National Defense
Stockpile including titanium sponge.
The Senate recedes.
Disposal of cobalt in National Defense Stockpile (sec. 3305)
The Senate amendment contained a provision (sec. 3303) that would
authorize the Department of Defense to dispose of 20 materials from the
National Defense Stockpile and would establish specific revenue targets
that the Secretary of Defense must meet in the disposal of these
materials.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
disposal of up to 14,058,014 pounds of cobalt, beginning in fiscal year
2003, and would require specific revenue targets for this disposal each
year until fiscal year 2007 in order to offset direct spending
provisions elsewhere in this Act.
Required procedures for disposal of strategic and critical
materials (sec. 3306)
The House bill contained a provision (sec. 3306) that would amend
section 6(b) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e(b)) to clarify the procedures used by the Department of
Defense for the sale of materials from the National Defense Stockpile.
The Senate amendment contained no similar provision.
The Senate recedes.
Return of surplus platinum from the Department of the
Treasury (sec. 3307)
The House bill contained a provision (sec. 3304) that would
establish conditions for the transfer of platinum contained in the
National Defense Stockpile to the United States Treasury for minting of
platinum coins.
The Senate amendment contained a provision (sec. 3304) that would
require any platinum contained within the National Defense Stockpile and
loaned by the Department of Defense to the Department of Treasury to be
made available to the Department of Defense upon request of the
Secretary of Defense.
The House recedes with an amendment that would preclude the
expenditure of any funds available to the Department of Defense for the
transfer of any platinum to the Treasury.
LEGISLATIVE PROVISIONS NOT ADOPTED
Restrictions on disposal of certain manganese ferro
The House bill contained a provision (sec. 3305) that would repeal
section 3304 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104 106), which placed restrictions on the disposal of
Manganese Ferro from the National Defense Stockpile.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
LEGISLATIVE PROVISIONS ADOPTED
Price requirement on sale of certain petroleum during fiscal
year 1998 (sec. 3402)
The House bill contained a provision (sec. 3402) that would require
the Secretary of Energy to sell petroleum produced for the Naval
Petroleum Reserves at not less than 90 percent of established prices.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of requirement to assign Navy officers to Office of
Naval Petroleum and Oil Shale Reserves (sec. 3403)
The House bill contained a provision (sec. 3403) that would repeal
section 2 of Public Law 96 137, which requires the Secretary of the Navy
to assign naval officers to the office of Naval Petroleum and Oil Shale
Reserves.
The Senate amendment contained a similar provision (sec. 3403).
The House recedes.
Transfer of jurisdiction, Naval Oil Shale Reserves numbered 1
and 3 (sec. 3404)
The House bill contained a provision (sec. 3404) that would transfer
the jurisdiction of the Naval Oil Shale Reserves Numbered one and three
to the Department of the Interior and for lease pursuant to
the provisions of the Mineral Leasing Act, which would provide
for the sharing of the revenues between the State of Colorado and the
Federal Treasury.
The Senate amendment contained a similar provision (sec. 3402) that
would authorize the lease of these reserves through the Department of
Energy, which would allow 100 percent of the proceeds to be returned to
the Federal Treasury.
The Senate recedes with an amendment that would require that the
Federal Treasury be reimbursed for all costs incurred by the Federal
Government related to these reserves, including costs associated with
capital improvements and environmental cleanup, prior to the sharing of
any revenues with the State of Colorado.
TITLE XXXV--PANAMA CANAL COMMISSION
Panama Canal Commission (secs. 3501 3550)
The House bill contained provisions (secs. 3501 3504) that would
authorize the expenditure of funds by the Panama Canal Commission to
cover its operating, maintenance, administrative, and capital
improvement expenses, and to purchase vehicles built in the United
States. The House bill also contained provisions (secs. 3511 3550) that
would give the Commission certain authorities to facilitate the
transition of the Canal to Panamanian control in December 1999.
The Senate amendment contained identical provisions (secs. 3501,
3502, 3504 3512, 3523, 3524, 3526, and 3528 3550) and similar provisions
(3503, 3521, 3522, 3525, and 3527).
The conferees agree to include a series of provisions that would
authorize the operations of the Panama Canal Commission. The provision
in the House bill relating to the purchase of vehicles (sec. 3503)
required that the vehicles purchased be built in the United States,
while the provision in the Senate amendment (sec. 3503) had no such
requirement. The provisions in the House bill and Senate amendment
relating to the administrator of the Panama Canal Authority (sec. 3521
in both), post-transfer personnel authorities (sec. 3522 in both),
recruitment and retention authorities (sec. 3525 in both) and
labor-management relations (sec. 3527 in both) differed only
technically.
The House recedes with respect to the provision relating to the
purchase of vehicles (sec. 3503). The conferees note, however, that the
Commission has in the past purchased only vehicles built in the United
States and encourage the continuation of that practice.
The House recedes with respect to the provision relating to the
administrator of the Panama Canal Authority (sec. 3521), and recedes
with technical amendments with respect to the provisions relating to
post-transfer personnel authorities (sec. 3522) and labor-management
relations (sec. 3527). The Senate recedes with a technical amendment
with respect to the provision relating to enhanced recruitment and
retention authorities (sec. 3525).
TITLE XXXVI--MARITIME ADMINISTRATION
Title XXXVI of the House bill contained a number of provisions that
would provide authorization for the Maritime Administration and related
matters. The conferees resolved these matters through extensive
consultations between the House and Senate conferees and the Senate
Committee on Commerce, Science, and Transportation, which would normally
exercise jurisdiction within the Senate on these matters.
LEGISLATIVE PROVISIONS ADOPTED
Authorization of appropriations for fiscal year 1998 (sec. 3601)
The House bill contained a provision (sec. 3601) that would
authorize $109.0 million for fiscal year 1998, as requested in the
President's budget, for the United States Maritime Administration.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of obsolete annual report requirement concerning
relative cost of shipbuilding in the various coastal districts of the
United States (sec. 3602)
The House bill contained a provision (sec. 3602) that would repeal
the obsolete requirement for an annual report on the relative cost of
shipbuilding in the various coastal districts contained in section 213
of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1123).
The Senate amendment contained no similar provision.
The Senate recedes.
Provisions relating to maritime security fleet program (sec. 3603)
The House bill contained a provision (sec. 3603) that would amend
section 656(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
App. 1187e(b)) to make clear that it does not restrict the operation or
entry of U.S. flag self-propelled tankers in the domestic trades. This
provision would also amend section 652(c) of the Merchant Marine Act,
1936, to eliminate the 3-year delay in eligibility to carry certain
preference cargoes of vessels that are reflagged as U.S. flag vessels in
order to participate in the Maritime Security Fleet Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend section 652(c)
of the Act to exempt a vessel from the restrictions concerning the
building, rebuilding, or documentation of a vessel in a foreign country
referred to in section 901(b) of the Act, 1936 (46 U.S.C. App. 1187a(c))
for any day the operator of the vessel is receiving payments under an
operating agreement under the subtitle.
Authority to utilize replacement vessels and capacity (sec. 3604)
The House bill contained a provision (sec. 3604) that would amend
section 653(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
App. 1187b(d)(1)), to authorize a U.S. flag operator to utilize a
foreign flag replacement vessel for a U.S. flag vessel that is activated
by the Secretary of Defense under the terms of an Emergency Preparedness
Agreement or other primary sealift readiness program approved by the
Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to convey National Defense Reserve Fleet vessel (sec. 3605)
The House bill contained a provision (sec. 3605) that would
authorize the Secretary of Transportation to convey a surplus National
Defense Reserve Fleet vessel to the Artship Foundation, a non-profit
organization located in Oakland, California.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add two required
conditions to the terms of conveyance.
Determination of gross tonnage for purposes of tank vessel
double hull requirements (sec. 3606)
The House bill contained a provision (sec. 3606) that would stop an
industry practice of reducing the gross tonnage of single-hull tank
vessels in order to delay the phase-out date of the vessels under the
Oil Pollution Act of 1990.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify the
circumstances under which the House provision would apply.
From the Committee on National Security, for consideration of the
House bill and the Senate amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
(except for sections 355, 356, and 358 367),
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
Ron Lewis,
J.C. Watts, Jr.,
Saxby Chambliss,
Bob Riley,
Ike Skelton,
Norman Sisisky,
John M. Spratt, Jr.,
(except for the increase over the President's request for research
and development of a space-based laser and the statement of managers on
this program),
Solomon P. Ortiz,
Owen Pickett,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Jane Harman,
Paul McHale,
Patrick J. Kennedy,
Rod Blagojevich,
Vic Snyder,
As additional conferees from the Permanent Select Committee on
Intelligence, for consideration of matters within the jurisdiction of
that committee under clause 2 of rule XLVIII:
Porter J. Goss,
Jerry Lewis,
Norm Dicks,
As additional conferees from the Committee on Commerce for
consideration of sections 344, 601, 654, 735, 1021, 3143, 3144, 3201,
3202, 3402, and 3404 of the House bill, and sections 338, 601, 663, 706,
1064, 2823, 3136, 3140, 3151, 3160, 3201, and 3402 of the Senate
amendment, and modifications committed to conference:
Tom Bliley,
Dan Schaefer,
Provided that Mr. Oxley is appointed in lieu of Mr. Dan Schaefer of
Colorado for consideration of sections 344 and 1021 of the House bill
and section 2823 of the Senate amendment:
Michael G. Oxley,
Provided that Mr. Bilirakis is appointed in lieu of Mr. Dan Schaefer
of Colorado for consideration of sections 601, 654, and 735 of the House
bill, and sections 338, 601, 663, and 706 of the Senate amendment:
Mike Bilirakis,
Provided that Mr. Tauzin is appointed in lieu of Mr. Dan Schaefer of
Colorado for consideration of section 1064 of the Senate amendment:
Billy Tauzin,
As additional conferees from the Committee on Education and the
Workforce, for consideration of sections 374, 658, and 3143 of the House
bill, and sections 664 of the Senate amendment, and modifications
committed to conference:
Bill Goodling,
Harris W. Fawell,
Loretta Sanchez,
Provided that Mr. Riggs is appointed in lieu of Mr. Fawell for
consideration of section 658 of the House bill and section 664 of the
Senate amendment:
Frank Riggs,
As additional conferees from the Committee on Government Reform and
Oversight, for consideration of sections 322 and 3527 of the House bill,
and sections 1068, 1107, 2811, and 3527 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
Stephen Horn,
As additional conferees from the Committee on House Oversight, for
consideration of section 543 of the Senate amendment, and modifications
committed to conference:
William M. Thomas,
Bob Ney,
As additional conferees from the Committee on the Judiciary, for
consideration of sections 374, 1057, 3521, 3522, and 3541 of the House
bill, and sections 831, 1073, 1075, 1106, and 1201 1216 of the Senate
amendment, and modifications committed to conference:
Henry J. Hyde,
Lamar Smith,
As additional conferees from the Committee on Resources for
consideration of sections 214, 601, 653, 1021, 2835, 2901 2914 and 3404
of the House bill, and sections 234, 381 392, 601, 706, 2819, and 3158
of the Senate amendment, and modifications committed to conference:
Don Young,
Billy Tauzin,
Provided that Mr. Delahunt is appointed in lieu of Mr. Miller of
California for consideration of sections 2901 2914 of the House bill,
and sections 381 392 of the Senate amendment:
William Delahunt,
As additional conferees from the Committee on Science for
consideration of sections 214 and 3148 of the House bill, and sections
234 and 1064 of the Senate amendment, and modifications committed to
conference:
F. James Sensenbrenner, Jr.,
Ken Calvert,
George E. Brown, Jr.,
Provided that Mr. Rohrabacher is appointed in lieu of Mr. Calvert
for consideration of section 1064 of the Senate amendment:
Dana Rohrabacher,
As additional conferees from the Committee on Transportation and
Infrastructure for consideration of sections 345, 563, 601, 1021, 2861,
and 3606 of the House bill, and section 601 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Robert A. Borski,
As additional conferees from the Committee on Veterans' Affairs for
consideration of sections 751, 752, and 759 of the House bill, and
sections 220, 542, 751, 752, 758, 1069, 1074, and 1076 of the Senate
amendment, and modifications committed to conference:
Christopher H. Smith,
Mike Bilirakis,
Joseph P. Kennedy,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
John McCain,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Rick Santorum,
Olympia Snowe,
Pat Roberts,
Carl Levin,
Ted Kennedy,
Jeff Bingaman,
John Glenn,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Managers on the Part of the Senate.
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