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)''.