Congressional Documents
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 amou