Congressional Documents
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
October 23, 1997
105th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report 105-340
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 1119) to authorize appropriations for
fiscal year 1998 for defense activities of the Department of Defense,
for military construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment which is a substitute for the House bill and
the Senate amendment. The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clarifying
changes.
SUMMARY STATEMENT OF CONFERENCE ACTION
The conferees recommend authorizations for the Department of Defense
for procurement, research and development, test and evaluation,
operation and maintenance, working capital funds, military construction
and family housing, weapons programs of the Department of Energy, and
the civil defense that have budget authority implications of $268.2
billion.
SUMMARY TABLE OF AUTHORIZATIONS
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority. Budget
authority is provided in appropriations acts.
.........
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Overview
The budget request for fiscal year 1998 contained an authorization
of $42,883.0 million for Procurement in the Department of Defense. The
House bill would authorize $46,595.9 million. The Senate amendment would
authorize $47,028.1 million. The conferees recommended an authorization
of $45,773.8 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
............
LEGISLATIVE PROVISIONS ADOPTED
..........
SUBTITLE C--NAVY PROGRAMS
New Attack Submarine program (sec. 121)
The budget request included $284.8 million for advance procurement
of components for future nuclear attack submarines, and proposed a
change in the acquisition strategy contained in the National Defense
Authorization Act for Fiscal Year 1997 that directed competition between
two submarine shipbuilders. The proposed change in strategy includes a
contractor teaming agreement to build the first four new attack
submarines.
The House bill authorized the budget request and contained no
provision on submarine teaming.
The Senate amendment contained a provision (sec. 121) that would
authorize the Secretary of the Navy to enter into a contract or
contracts for the construction of four nuclear attack submarines under
the terms of a teaming arrangement between Electric Boat and Newport
News Shipbuilding.
The House recedes.
CVN 77 Nuclear Aircraft Carrier program (sec. 122)
The budget request included no funding for CVN 77.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 122) that would:
(1) authorize $345.0 million for procurement and construction of
components for the CVN 77 aircraft carrier and authorize the Secretary
of the Navy to enter into a contract or contracts with the carrier
shipbuilder for such purposes;
(2) authorize $35.0 million for research, development, test, and
evaluation of technologies that have potential for use in the CVN 77;
and
(3) direct the Secretary to structure the procurement of the CVN 77
so that the carrier is acquired for an amount not to exceed $4.6
billion, with allowances for adjustments to this amount due to:
(a) outfitting and post delivery costs,
(b) inflation occurring after or compliance with changes in Federal,
state, or local laws enacted after September 30, 1997,
(c) increases or decreases in costs attributable to new technology
built into CVN 77 as compared to the technology built into the baseline
design of the CVN 76, and
(d) increases or decreases in costs resulting from changes the
Secretary proposes in the funding plan of the so-called Smart Buy
proposal on which the projected savings are based.
The House recedes with an amendment which would:
(1) authorize the Secretary of the Navy to procure the CVN 77
subject to the availability of appropriations for that purpose;
(2) authorize $50.0 million for advance procurement and advance
construction of components for the CVN 77 and authorize the Secretary of
the Navy to enter into a contract or contracts for such purposes;
(3) permit the Secretary of Defense to transfer up to $295.0 million
to the CVN-77 program and allow this transfer to be made in addition to
the transfer authority limit provided for elsewhere in the National
Defense Authorization Act for Fiscal Year 1998;
(4) direct the Secretary of the Navy to obligate and expend the
funds available for advance procurement and advance construction of
carrier components for the CVN 77 in fiscal year 1998 in a manner that
is designed to result in cost savings that will meet a cost limitation
of $4.6 billion for the procurement of that vessel;
(5) direct the Secretary of Defense to make plans to attain the cost
savings in the funding plan presented to Congress by the ship builder in
March 1997; and
(6) direct the Secretary of the Navy to structure and manage the CVN
77 procurement program so that the $4.6 billion cost limitation is not
exceeded, except for adjustments to this amount resulting from:
(a) outfitting and post delivery costs,
(b) inflation occurring after or compliance with changes in Federal,
state, or local laws enacted after September 30, 1997,
(c) increases or decreases in costs attributable to new technology
built into CVN 77 as compared to the technology built into the baseline
design of the CVN 76, and
(d) increases or decreases in costs resulting from changes the
Secretary proposes in the funding plan on which the projected savings
are based.
The conferees support construction of the CVN 77 and believe that
initiating advance procurement for it in fiscal year 1998, rather than
in fiscal year 2000 as currently projected in the Future Years Defense
Program (FYDP), has the potential to produce considerable savings if
additional funds are provided in fiscal years 1998 through 2001.
Therefore, the conferees strongly encourage the Secretary of Defense to
make available up to $295.0 million in fiscal year 1998 and to include
in the FYDP accompanying the fiscal year 1999 budget request the funding
necessary to achieve the savings required to remain within the $4.6
billion cost limitation.
Exclusion from cost limitation for Seawolf submarine program (sec. 123)
The Senate amendment contained a provision (sec. 123) that would
reaffirm the existing cost cap for Seawolf submarines but would make it
clear that certain costs associated with now canceled Seawolf submarines
should not be taken into account.
The House bill contained no similar provision.
The House recedes with an amendment that would exclude from the cost
limitation for the Seawolf submarine program $272.4 million initial
class design costs that were previously allocated to other canceled
ships in the class. The amendment would also require the Inspector
General of the Department of Defense to determine whether:
(1) the request of the Secretary of the Navy for exclusion of $745.4
million of the costs associated with canceled submarines is justified;
and
(2) any further exclusions from or increases to the cost cap will be
required.
The Inspector General shall report the findings to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives not later than March 30, 1998.
SUBTITLE D--AIR FORCE PROGRAMS
Authorization for B 2 bomber program (sec. 131)
The budget request included $174.1 million for modification of
aircraft on order or already in the inventory to the Block 30
configuration.
The House bill would authorize an increase of $331.2 million for
long lead funding for an additional nine aircraft above the 21 already
authorized.
The Senate amendment would authorize the budget request and included
a provision (sec. 131) that would prohibit the use of any funds to
procure any additional B 2 bomber aircraft or to maintain any part of
bomber industrial base solely for the purpose of preserving the option
to procure additional B 2 bomber aircraft in the future.
The Senate recedes with an amendment.
The conferees agree to authorize $331.2 million to be used either
for long lead activities related to the procurement of additional B 2
aircraft, or for modification and repair of the existing fleet of B 2
bomber aircraft, depending on the President's determination of the
requirement for additional B 2 aircraft.
The provision would also direct the Secretary of Defense to ensure
that all appropriate actions are taken to preserve the options of the
President until submission of the report required by section 8131 of the
Department of Defense Appropriations Act for fiscal year 1998.
...........
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on obligation of funds for the Seawolf submarine program
The House bill contained a provision (sec. 121) that would prohibit
the obligation of more than 50 percent of the fiscal year 1998 funds
authorized and appropriated for the Seawolf submarine until the
Secretary of the Navy certifies that not less than 50 percent of the New
Attack Submarine technology insertion opportunities for the first four
submarines were included in the Future Years Defense Program
accompanying the fiscal year 1999 budget request.
The Senate amendment contained no similar provision.
Having received written assurance from the Secretary that the fiscal
year 1999 budget request will comply with the provision in the House
bill, the House recedes.
.........
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
........
Project ``M''
The budget request included $39.7 million in PE 63508N for
technologies for submarine and surface ship handling, machinery, and
engineering systems.
The House bill authorized an increase of $5.0 million to continue
the Navy's program for transition, development and demonstration of
advanced quieting technology developed under the Defense Advanced
Research Project Agency Project ``M''.
The Senate amendment authorized the budget request.
The conferees agree to authorize a $5.0 million increase for Project
``M''.
..........
Littoral antisubmarine warfare technology demonstration
The budget request included $54.8 million in PE 63747N for advanced
development of undersea warfare advanced technology, including $30.9
million for shallow water surveillance advanced technology.
The House bill would authorize an increase of $5.0 million in PE
63747N for continued development, demonstration, and evaluation of the
technology for a mobile, high power broadband acoustic surveillance
source that is based upon the adaptation of commercial-off-the-shelf
(COTS) air-gun technology that was developed originally for the oil
exploration industry.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for the
continuation of the COTS air-gun technology demonstration and evaluation
program and understand that this will lead to a decision by the Navy on
whether to proceed with the development of COTS air-gun technology as an
acoustic surveillance source.
.........
Antisubmarine warfare systems development
The budget request included $22.9 million in PE 63254N for
development of antisubmarine warfare systems.
The House bill would authorize an increase of $3.8 million to
complete demonstration/validation of sonobuoy geo-positioning system
integration and transducer enhancements for improving the shallow water
antisubmarine warfare effectiveness of the air deployed low frequency
projector.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a $2.0 million increase in PE
63254N for improving the shallow water antisubmarine warfare
effectiveness of the air deployed low frequency projector.
CV(X) carrier system development
The budget request included $98.6 million in PE 63512N for future
aircraft carrier research and development.
The House bill would authorize a decrease of $88.4 million for CV(X)
carrier system development. The House report (H. Rept. 105 132)
expressed the belief that it would be neither fiscally nor technically
prudent to increase advanced carrier systems research and development
for the CV(X) to the degree sought by the Navy. The report also
expressed the belief that increased emphasis should be placed on the
research and development program for the CVN 77 to provide a transition
to the CV(X).
The Senate amendment would authorize the budget request.
The conferees agree to authorize $20.6 million in PE 63512N, a
reduction of $78.0 million for future aircraft carrier research and
development.
The conferees encourage the Chief of Naval Operations to define the
operational requirement for the CV(X) aircraft carrier program and
develop a road map for the CV(X) research, development, test and
evaluation program to ensure the capabilities of the CV(X) meet that
requirement.
Advanced submarine systems development
The budget request included $59.1 million in PE 63561N for
innovative research and development in submarine technologies and their
subsequent evaluation, demonstration, and validation for
submarine platforms, in order to increase the submarine
technology base and provide subsystem design options that are not
currently feasible.
The House bill would authorize an increase of $103.0 million for
development (in parallel with development of the New Attack Submarine
(NAS)) of a large-scale vehicle (LSV) demonstrator that would not be
limited by form (hull or appendages) or by a single hull design, and
would also direct the Secretary of the Navy to issue a competitive
solicitation for the demonstrator to the shipyards not currently
involved in the design or future construction of the NAS. The House bill
would further direct the transfer to the submarine large scale
demonstrator of funds in the Future Years Defense Program accompanying
the fiscal year 1998 budget for the Arsenal Ship demonstrator.
The Senate amendment would authorize an increase of $15.0 million to
accelerate the development of what are now considered far-term
technologies, such as an advanced propulsor, rim driven motors, and
advanced hull forms.
The conferees agree to authorize an increase of $54.9 million. The
Secretary of the Navy is authorized to pursue a third demonstrator that
is not limited by form or single hull design and issue a competitive
solicitation to all responsible sources for such a demonstrator. To
avoid costly oversights and conflicts between the LSV builder and the
technology providers, the Secretary of the Navy should ensure that the
NAS shipbuilders are participants, as appropriate, in the process of
including new technologies into the LSV.
The Secretary of the Navy should provide the congressional defense
committees not later than the time at which the fiscal year 1999 defense
budget request is submitted a report detailing the Navy's plans for LSV
development.
................
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
................
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
................
Joint Strike Fighter Program (sec. 213)
The Senate amendment contained a provision (sec. 211) that would
require the Secretary of Defense to submit a report to the congressional
defense committees on the options for the sequence in which the variants
of the Joint Strike Fighter (JSF) are to be produced and fielded.
The House bill contained no similar provision.
The House recedes with an amendment that would include a requirement
for certification that the JSF program contains sufficient funding to
carry out an alternate engine program that includes flight qualification
of an alternate engine.
............
F-22 aircraft program (sec. 217)
The Senate amendment contained a provision (sec. 212) that would
impose cost caps on both the total cost of engineering and manufacturing
development (EMD) and the total cost of production of the F 22.
Additionally, the Senate amendment would require an annual report by the
Comptroller General that would assess the progress of EMD and its
prospect of completion under the cost cap. The annual report would be
required until EMD is complete. Finally, the Senate amendment would
limit the obligation of funds authorized to be appropriated each fiscal
year to 90 percent until the Comptroller General's annual report is
submitted.
The House bill contained no similar provision.
The House recedes with an amendment that would allow adjustments to
the cost caps for economic inflation and compliance with laws enacted
after September 30, 1997.
................
TITLE III--OPERATION AND MAINTENANCE
Overview
The budget request for fiscal year 1998 contained an authorization
of $93,195.7 million for Operation and Maintenance in the Department of
Defense and $2,163.4 for Working Capital Fund Accounts in fiscal year
1998. The House bill would authorize $92,616.2 million for Operation and
Maintenance and $2,153.6 for Working Capital Fund Accounts. The Senate
amendment would authorize $93,292.9 million for Operation and
Maintenance and $1,488.1 for Working Capital Fund Accounts. The
conferees recommended an authorization of $93,794.2 million for
Operation and Maintenance and $2,031.9 for Working Capital Fund Accounts
for fiscal year 1998. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
.............
National Defense Sealift Fund (NDSF)
The budget request included $812.9 million in the National Defense
Sealift Fund (NDSF) for sealift acquisition. Of this amount, $581.3
million would be for the procurement of two large medium speed
roll-on/roll-off (LMSR) strategic sealift ships, $131.5 million for
resolution of cost growth that has occurred on LMSRs authorized in prior
years, $70.0 million for advance procurement of components for an LMSR
that is planned for authorization in fiscal year 1999, and $30.1 million
for completion of ships authorized in prior years.
The House bill would authorize a decrease of $9.8 million.
The Senate amendment would authorize a decrease of $651.3 million
for procurement and for advance procurement of LMSRs. The Senate
amendment would also authorize a decrease of $25.0 million because of
contract savings in previously authorized and appropriated NDSF
programs. In addition, the Senate amendment would authorize an increase
of $1.0 million to provide support for a Department of Defense study of
future requirements and specifications for maritime prepositioning force
recapitalization.
The conferees agree to authorize $581.3 million for procurement of
two LMSRs, $70.0 for advance procurement, and $30.1 million for
completion of prior year ships. The conferees further agree to a
decrease of $131.5 million which includes a decrease of $131.0 million
for prior year cost growth, which the conferees believe can be deferred
until fiscal year 1999; and a decrease of $0.5 million as a result of
fiscal year 1997 contract savings.
...............
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
................
SUBTITLE B--MILITARY READINESS ISSUES
Monthly reports on allocation of funds within operation and
maintenance budget subactivities (sec. 321)
The House bill contained a provision (sec. 312) that would require
the Secretary of Defense to notify and receive approval from the
congressional defense committees prior to the reallocation of operation
and maintenance funds above a certain threshold.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Department of Defense to provide a monthly report to Congress outlining
the reallocation of funds within the operation and maintenance accounts
and the effect of this reallocation on the ability of the Department to
perform the functions for which the funds were originally appropriated.
Expansion of scope of quarterly readiness reports (sec. 322)
The House bill contained a provision (sec. 311) that would expand
the Quarterly Readiness Report required by section 361 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104 106) to
include data and analysis on additional readiness indicators, which
would provide a more comprehensive readiness assessment.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include additional
factors to be included in these reports such as personnel skills and
pre-positioned equipment.
Semiannual reports on transfers from high-priority readiness
appropriations (sec. 323)
The House bill contained a provision (sec. 315) that would extend
through November 1, 2000, the requirement for the Secretary of Defense
to report semi-annually on transfers from high-priority readiness
accounts, in compliance with section 362 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106). This
provision would also expand the number of readiness accounts to be
considered in the report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make it a semiannual
report.
Annual report on aircraft inventory (sec. 324)
The Senate amendment contained a provision (sec. 1037) that would
require the Undersecretary of Defense (Comptroller) to submit with the
budget request an annual report to the Congress on the aircraft in the
inventory of the Department of Defense. The provision would also require
the modification of budget data exhibits to display total numbers of
aircraft where numbers of primary aircraft or primary authorized
aircraft are displayed in exhibits.
The House bill contained no similar provision.
The House recedes.
Administrative actions adversely affecting military training
or other readiness activities (sec. 325)
The Senate amendment contained a provision (sec. 363) that would
require the Secretary of Defense to provide the President, the Committee
on Armed Services of the Senate, the National Security Committee of the
House of Representatives, and the head of any relevant Federal agency
with written notification of any Federal administrative action that has
or would have a significant adverse effect on the military readiness of
any of the armed forces or a critical component of the armed forces,
such as a Marine battalion preparing for deployment as part of a Marine
Expeditionary Unit, or Special Operations Forces dedicated to a specific
mission. Notification would be provided as soon as the Secretary becomes
aware of an adverse administrative action or proposed administrative
action. The notification would delay the implementation of the action
for a period of 30 days unless the Secretary determines that the
compliance with the proposed action is in the best interest of the
American public, or the President directs the Secretary to comply based
on a determination that the implementation of the action is more
important than the effects on military readiness.
The House bill contained no similar provision.
The House recedes.
Common measurement of operations and personnel tempo (sec. 326)
The Senate amendment contained a provision (sec. 1032) that would
require the Chairman of the Joint Chiefs of Staff to develop, to the
maximum extent practicable, a common measurement of operations tempo
(OPTEMPO) and personnel tempo (PERSTEMPO).
The House bill contained no similar provision.
The House recedes.
Inclusion of Air Force depot maintenance as operation and
maintenance budget activity group (sec. 327)
The House bill contained a provision (sec. 373) that would require
the Secretary of the Air Force, beginning in fiscal year 1999, to
identify funding for depot maintenance in a discreet subactivity
group.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Prohibition of implementation of tiered readiness system (sec. 328)
The House bill contained a provision (sec. 314) that would prohibit
the implementation of any tiered readiness system which would change
military service-specific methods of determining priorities for
allocating funding, personnel, equipment, equipment maintenance, and
training resources to military units, and the associated level of
readiness of those units that result from those priorities, from the
system that existed on October 1, 1996, until the Secretary of Defense
provides Congress with a report recommending a new tiered readiness
system along with legislative proposals and these proposals are enacted
by the Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit the
implementation of a new tiered or cyclical readiness system based on the
results of the reviews as required by section 329 and section 330 of
this Act, or any other review. The amendment would clarify that the
prohibition does not preclude the Secretary of Defense from taking
necessary action to maintain the combat preparedness of the active and
reserve components of the United States Armed Forces.
The conferees note that this provision does not block the ability of
the Department of Defense to routinely adjust the manner in which it
manages force readiness, particularly as it pertains to maintaining
necessary combat capabilities. Rather, the provision precludes the
adoption of a new tiered or cyclical readiness system, as outlined in
section 329 and section 330 of this Act, pending subsequent
congressional review and concurrence given the significant policy issues
associated with such proposals. Accordingly, the provision allows for
the Secretary of Defense, following the completion of the reviews
required by sections 329 and 330 of this Act, or any other review the
Secretary may deem appropriate, to submit, for Congressional
consideration, a request for relief from this prohibition.
Report on military readiness requirements of the Armed Forces (sec. 329)
The Senate amendment contained a provision (sec. 1034) that would
direct the Department to further explore the potential for tiered
readiness. This provision would require the Chairman and the service
chiefs, together with the Commander in Chief of the Special Operations
Command and the commanders of the other unified commands, to prepare a
second report that would examine the extent to which the readiness of
the armed forces could be tiered. Rather than looking at a generic major
regional conflict, this report would require an examination of the
tiered readiness concept within the force structure advocated by the
Quadrennial Defense Review, including the armed forces required to deter
or defeat a strategic attack upon the United States. The report would
include a rotational examination of the tiering of the armed forces that
would focus on the brigade and battalion levels of the Army and Marine
Corps Divisions, the squadron levels of the Air Force, Navy and Marine
Corps Wings, and the Navy Fleets.
The House bill contained no similar provision.
The House recedes.
Assessment of cyclical readiness posture of the Armed Forces (sec. 330)
The Senate amendment contained a provision (sec. 1035) that would
require the Secretary of Defense to report on the impact of moving to a
cyclical readiness approach for major warfighting units. Under this
approach, a high state of readiness alternates from one unit to another,
as is already done with the blue and gold crews on ballistic missile
submarines. The report should identify the savings and risks associated
with cyclical readiness.
The House bill contained no similar provision.
The House recedes.
Report on military exercises conducted under certain training
exercise programs (sec. 331)
The House bill contained a provision (sec. 316) that would require
the Secretary of Defense to report by January 15, 1998, on both past and
planned joint training exercises sponsored by the Chairman, Joint Chiefs
of Staff (CJCS) Exercise Program and the Partnership for Peace (PFP)
program. The report would include the type, description, duration,
objectives, the percentage of service-unique training accomplished, and
an assessment of the training value of each CJCS and PFP exercise.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include exercises
funded through the Cooperative Threat Reduction Program. The conference
agreement would also require the report to include an assessment of the
value provided through enhanced military to military relationships
between the participating nations, and the extent to which the training
exercises enhanced the readiness capabilities of all forces involved in
the exercise.
Report on overseas deployment (sec. 332)
The Senate amendment contained a provision (sec. 1033) that would
require the Department of Defense to report on the number of personnel
deployed overseas as of June 30, 1996 and June 30, 1997. The report
would distinguish between personnel who are forward deployed as their
permanent duty station and those deployed overseas for temporary duty,
such as service-specific exercises, joint exercises, exercises with
allies, and deployments for contingency operations.
The House bill contained no similar provision.
The House recedes.
................
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--ACTIVE FORCES
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that would authorize
end strengths for the active forces, as indicated in the table below:
Service Fiscal year 1998--
Request Recommendation
Army 495,000 495,000
Navy 390,802 395,000
Marine Corps 174,000 174,000
Air Force 371,577 381,000
------------ -----------------
Total 1,431,379 1,445,000
The Senate amendment contained a provision (sec. 401) that would
authorize active duty end strengths for fiscal year 1998, as shown
below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
Army: 495,000 495,000 485,000
Navy: 407,318 390,802 390,802
Marine Corps: 174,000 174,000 174,000
Air Force: 381,000 371,577 371,577
The House recedes with an amendment that would authorize active duty
end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 authorization
Army 495,000 495,000 495,000
Navy 407,318 390,802 390,802
Marine Corps 174,000 174,000 174,000
Air Force 381,100 371,577 371,577
--------------------- --------------- ---------------------
Total 1,457,418 1,431,379 1,431,379
Permanent end strength levels to support two major regional
contingencies (sec. 402)
The Senate amendment contained a provision (sec. 402) that would
repeal section 691 of title 10, United States Code, as amended by
section 402 of the National Defense Authorization Act for Fiscal Year
1997.
The House bill contained a similar provision.
The House recedes with an amendment that would amend section 691 of
title 10, United States Code to make the end strength floors consistent
with the active duty end strengths authorized in section 401 of the
conference agreement. Additionally, the amendment would provide the Army
one and one-half percent flexibility below the floor while retaining one
percent flexibility for the Navy, Marine Corps and the Air Force.
The conferees are concerned about the strains being placed on
military personnel and their families. There is an apparent incongruence
between the number and frequency of deployments, the extraordinary pace
of operations, and the continued pressure through the budget process to
reduce military personnel levels. The conferees intend to continue to
examine closely and challenge, as appropriate, any recommendations of
the Department of Defense, the Quadrennial Defense Review, or the
National Defense Panel to further reduce military personnel. The
conferees will be especially vigilant for reductions in military
personnel levels that appear to be driven purely by budget pressures,
and not supported by the fielding modern systems that require fewer
personnel or changes in the requirements of the national military
strategy.
The conferees note that section 691 of title 10, United States Code,
as amended by the conference report, requires the Secretary of Defense
to fully fund and maintain the end strength floors in future budgets.
SUBTITLE B--RESERVE FORCES
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that would authorize
end strengths for the Selected Reserve as indicated in the table below:
Fiscal year 1997 authorized Fiscal year 1998--
Request Recommendation
ARNG 366,758 366,516 366,516
USAR 215,179 208,000 208,000
USNR 96,304 94,294 94,294
USMCR 42,000 42,000 42,000
ANG 109,178 107,377 107,377
USAFR 73,311 73,431 73,431
Coast Guard 8,000 8,000 8,000
---------------------------- ---------- ----------------
Total 910,730 899,618 899,618
The Senate amendment contained a provision (sec. 411) that would
authorize Selected Reserve end strengths for fiscal year 1998
as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 366,758 366,516 361,516
The Army Reserve 215,179 208,000 208,000
The Naval Reserve 96,304 94,294 94,294
The Marine Corps Reserve 42,000 42,000 42,000
The Air National Guard of the United States 109,178 107,377 108,002
The Air Force Reserve 73,311 73,431 73,542
The Coast Guard Reserve 8,000 8,000 8,000
The House recedes with an amendment that would authorize Selected
Reserve end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 366,758 366,516 361,516
The Army Reserve 215,179 208,000 208,000
The Naval Reserve 96,304 94,294 94,294
The Marine Corps Reserve 42,000 42,000 42,000
The Air National Guard of the United States 109,178 107,377 108,002
The Air Force Reserve 73,311 73,431 73,447
The Coast Guard Reserve 8,000 8,000 8,000
The conferees recommend an Army National Guard end strength below
the 1998 request as a result of the Off-Site Review the Army announced
on June 5, 1997, in which the active Army, the Army Reserve, and the
Army National Guard agreed on personnel reductions recommended by the
Quadrennial Defense Review. The conferees recommend increased end
strengths for the Air National Guard and the Air Force Reserve to
accommodate retention of the PAA C 130 aircraft at current levels. The
conferees also recommend an adjustment to the Air Force Reserve end
strength consistent with the recommendation that would prohibit the
Secretary of the Air Force from replacing civilian base security
personnel with active guard and reserve personnel. The conferees
adjusted the recommended authorization of appropriations to reflect
these recommendations.
End strengths for Reserves on active duty in support of the
Reserves (sec. 412)
The House bill contained a provision (sec. 412) that would authorize
the end strengths of the reserves on active duty in support of the
reserves as indicated in the table below. These end strengths are
included within the total end strengths authorized for the Selected
Reserve.
Fiscal year--
1997 authorization 1998 request 1998 recommendation
ARNG 22,798 22,310 22,310
USAR 11,729 11,500 11,500
USNR 16,603 16,136 16,136
USMCR 2,559 2,559 2,559
ANG 10,403 10,616 10,616
USAFR 655 963 748
-------------------- -------------- ---------------------
Total 64,747 64,084 63,869
The Senate amendment contained a provision (sec. 412) that would
authorize full-time support end strengths for fiscal year 1998 as shown
below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 22,798 22,310 22,310
The Army Reserve 11,729 11,500 11,500
The Naval Reserve 16,603 16,136 16,136
The Marine Corps Reserve 2,559 2,559 2,559
The Air National Guard of the United States 10,403 10,616 10,671
The Air Force Reserve 655 963 963
The House recedes with an amendment that would authorize full-time
support end strengths for fiscal year 1998 as shown below:
Fiscal year--
1997 authorization 1998 request 1998 recommendation
The Army National Guard of the United States 22,798 22,310 22,310
The Army Reserve 11,729 11,500 11,500
The Naval Reserve 16,603 16,136 16,136
The Marine Corps Reserve 2,559 2,559 2,559
The Air National Guard of the United States 10,403 10,616 10,671
The Air Force Reserve 655 963 867
-------------------- -------------- ---------------------
Total 64,747 53,468 53,372
The recommended change to the end strength for reserves on active
duty in support of the Air Force Reserve results from an increase to
support the retention of C 130 PAA aircraft at the current levels, a
reduction from the budget request consistent with the recommendation
that would prohibit the Secretary of the Air Force from replacing
civilian base security personnel with active guard and reserve
personnel, and an increase to accommodate the creation of deployable
force protection teams in the Air Force Reserve. The conferees adjusted
the recommended authorization of appropriations to reflect these
changes.
Additionally, the conferees are concerned about a range of issues
related to management, utilization, and assignment of persons
participating in the active guard and reserve programs. The committees
of jurisdiction intend to examine these matters during the second
session of the 105th Congress.
................
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on operation and support funds for the Office of
the Secretary of Defense
The House bill contained a provision (sec. 901) that would reduce
the funding associated with the operation and support activities of the
Office of the Secretary of Defense (OSD) by twenty percent, and would
restrict the obligation of ten percent of funding authorized in fiscal
year 1998 until the Department conforms to the requirements of section
901 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104 106) and section 904 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201).
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain concerned with the Department's non-compliance
with section 901 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106) that requires a report on specific plans
for improving organizational efficiency and effectiveness of the Office
of the Secretary (OSD). In addition, the conferees note that OSD failed
to implement personnel reductions at a rate sufficient to achieve the
statutory requirement by October 1, 1997, as specified in section 903 of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104 201).
...............
White House Communications Agency
The House bill contained a provision (sec. 905) that would limit
funding for the White House Communications Agency (WHCA) to $55.0
million, an amount slightly below fiscal year 1997 levels.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that Department of Defense funds for WHCA
should only be spent on telecommunication support for the President, and
the Department should be reimbursed for non-telecommunication support
services.
The WHCA is staffed with approximately eight civilians and 908
military personnel. Of those 908 military positions, 103 are for the
provision of non-telecommunications support services. The conferees
believe that there is little justification to provide
non-telecommunications support services to the President with military
personnel assigned to WHCA. In an era when the administration is calling
for further reductions in military end-strength, the conferees believe
that the military billets dedicated to non-telecommunications support
for WHCA could be better used elsewhere within the Department of Defense
to perform missions that are truly in support of national defense. The
conferees believe that non-telecommunications support services provided
by WHCA can, and should, be provided by civilian personnel.
Furthermore, the conferees note that the WHCA budget incorrectly
included the WHCA procurement items in the Operation and Maintenance
(O&M) budget request. Therefore, the conferees agree to transfer the
$7.2 million for WHCA procurement from the O&M account to the
procurement account.
Personnel reductions in the United States Transportation Command
The House bill contained a provision (sec. 1304) that would mandate
a 1,000 person reduction in the United States Transportation Command
during fiscal year 1998.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that another section of the conference agreement
directs a reduction in the number of personnel assigned to management
headquarters and headquarters support activities within the United
States Transportation Command of five percent during fiscal year 1998.
Commission on Defense Organization and Streamlining
The House bill contained a series of provisions (sec. 1601 1609)
that would establish a Commission on Defense Organization and
Streamlining. The purpose of the commission would be to examine the
missions, functions, and responsibilities of the Office of the Secretary
of Defense, the management headquarters and headquarters support
activities of the military departments and defense agencies, and the
various acquisition organizations of the Department of Defense; to
propose alternative organizational structures; and to identify areas of
duplication and recommend options to eliminate the duplications.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that other provisions of the conference agreement
direct the Secretary of Defense to require a Task Force on Defense
Reform to examine the missions, functions, and responsibilities of the
Department's acquisition organizations and its various headquarters
activities and management headquarters support activities; and to submit
reports on the results of the examinations by the Task Force to the
Congress in early 1998.
................
SUBTITLE D--MISCELLANEOUS REPORT REQUIREMENTS AND REPEALS
...........
Overseas infrastructure requirements (sec. 1043)
The Senate amendment contained a provision (sec. 1036) that would
require the Secretary of Defense to provide a report to the Committee on
Armed Services of the Senate and the National Security Committee of the
House of Representatives outlining the current and future forward-basing
requirements of the Department of Defense along with the international
agreements necessary to provide these facilities.
The House bill contained no similar provision.
The House recedes.
...........
TITLE XII--MATTERS RELATING TO OTHER NATIONS
LEGISLATIVE PROVISIONS ADOPTED
............
SUBTITLE C--OTHER MATTERS
...........
Sense of the Congress relating to level of United States
military personnel in the East Asia and Pacific region (sec. 1225)
The House bill contained a provision (sec. 1208) that would express
the sense of Congress that the United States should maintain at least
approximately 100,000 U.S. military personnel in the East Asia-Pacific
region to ensure stability in that critical area.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
...........
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
LEGISLATIVE PROVISIONS ADOPTED
...........
Annual report on moratorium on use by Armed Forces of
antipersonnel landmines (sec. 1309)
The House bill contained a provision (sec. 1055) that would require
the Secretary of Defense, after consultation with the Chairman of the
Joint Chiefs of Staff, to certify to Congress prior to the
implementation of any moratorium by law on the use of antipersonnel
landmines (APL) by U.S. Armed Forces, that any such moratorium would not
adversely affect the ability of U.S. Armed Forces to defend themselves,
until such time as effective substitutes exist to replace antipersonnel
landmines.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would contain findings
describing the actions and decisions by the President relating to U.S.
policy regarding antipersonnel landmines and the status of current law;
express the sense of Congress regarding implementation of a landmine
moratorium and support for development of alternatives to
antipersonnel landmines. The provision would also require the
Secretary of Defense to submit an annual report describing the military
utility of the continued U.S. deployment of antipersonnel landmines,
progress in developing and fielding systems that are effective
substitutes for antipersonnel landmines, their costs and an estimated
timetable for developing and fielding those systems, the number and type
of pure antipersonnel and mixed anti-tank mine systems, the cost and
effect of the elimination of the former and the impact of their
elimination on the deterrence and warfighting ability of U.S. forces,
and the benefits to U.S. military and civilian personnel of an
international treaty banning the production, use, transfer and
stockpiling of antipersonnel landmines.
The conferees endorse the President's September 17, 1997 pledge to
increase U.S. support for worldwide demining efforts.
Further, the conferees believe that international support, and
increased funding, for practical efforts such as clearing landmines and
providing medical assistance and rehabilitation to the wounded, could be
highly effective in reducing the landmine casualty count and reclaiming
land for its intended use.
..........
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
..........
TITLE XXVIII--GENERAL PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
..........
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
..........
Report on closure and realignment of military installations (sec. 2824)
The Senate amendment contained a provision (sec. 2832) that would
require the Secretary of Defense to submit to the congressional defense
committees a report on the costs and savings attributable to the four
base closure rounds conducted under the base closure laws and on the
need, if any, for additional base closure rounds. The report would have
to be submitted not later than the fiscal year 2000 budget. The
Congressional Budget Office and the Comptroller General would be
required to conduct a review of the report. The provision would express
a sense of Congress urging the Secretary to develop a system to quantify
costs and savings attributable to the closure and realignment of
military installations under the base closure process.
The House bill contained no similar provision.
The House recedes with an amendment that would include an assessment
of the effect of previous base closure rounds on the military
capabilities and the ability of the Armed Forces to fulfill the National
Military Strategy. The amendment would also make certain technical
corrections.
Sense of Senate regarding utilization of savings derived from
base closure process (sec. 2825)
The Senate amendment contained a provision (sec. 2833) that would
make it the sense of the Senate that the savings identified from base
closure be made available to the Department of Defense solely for the
purpose of modernization of weapons systems.
The House bill contained no similar provision.
The House recedes with a technical amendment.