H. R. 1119—268
(1) a condition that the museum not convey any ownership
interest in, or transfer possession of, the aircraft to any other
party without the prior approval of the Secretary of the Air
Force; and
(2) a condition that if the Secretary of the Air Force deter-
mines at any time that the museum has conveyed an ownership
interest in, or transferred possession of, the aircraft to any
other party without the prior approval of the Secretary, all
right, title, and interest in and to the aircraft, including any
repair or alteration of the aircraft, shall revert to the United
States, and the United States shall have the right of immediate
possession of the aircraft.
(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—The
conveyance authorized by this section shall be made at no cost
to the United States. Any costs associated with such conveyance,
including costs of determining compliance with subsection (b), shall
be borne by the museum.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United States.
(f) CLARIFICATION OF LIABILITY.—Notwithstanding any other
provision of law, upon conveyance of ownership of the B–17 aircraft
specified in subsection (a) to the museum, the United States shall
not be liable for any death, injury, loss, or damage that results
from any use of that aircraft by any person other than the United
States.
SEC. 1067. REPORT ON DISPOSAL OF EXCESS AND SURPLUS MATE-
RIALS.
(a) REPORT REQUIRED.—Not later than January 31, 1998, the
Secretary of Defense shall submit to Congress a report on the
actions that have been taken or are planned to be taken within
the Department of Defense to address problems with the sale or
other disposal of materials that are excess or surplus to the needs
of the Department of Defense.
(b) REQUIRED CONTENT.—At a minimum, the report shall
address the following issues:
(1) The effort to standardize the coding of military equip-
ment for demilitarization at all stages of the process, from
initial acquisition through disposal.
(2) The changes underway to improve the methods used
for the demilitarization of military equipment.
(3) Recent efforts to improve the accuracy of coding per-
formed by Government employees and contractor employees.
(4) Recent efforts to improve the enforcement of the pen-
alties that are applicable to Government employees and contrac-
tor employees who fail to comply with rules or procedures
applicable to the demilitarization of military equipment.
(5) The methods of oversight and enforcement used by
the Department of Defense to review the demilitarization of
military equipment by the purchasers of the equipment.
(6) The current and planned controls designed to prevent
the inappropriate transfer of excess military equipment outside
the United States.
(7) The current procedures used by the Department, includ-
ing repurchase, to recover military equipment that is sold or
H. R. 1119—269
otherwise disposed of without appropriate action having been
taken to demilitarize the equipment or to provide for demili-
tarization of the equipment.
(8) The legislative changes, if any, that would be necessary
to improve the recovery rate under the procedures identified
under paragraph (7).
(c) IDENTIFICATION OF FREQUENT ERRORS AND MISUSE.—Based
on fiscal year 1997 findings, the Secretary of Defense shall identify
in the report—
(1) the 50 categories of military equipment that most fre-
quently received an erroneous demilitarization code; and
(2) the categories of military equipment that are particu-
larly vulnerable to improper use after disposal.
Subtitle G—Other Matters
SEC. 1071. AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE CRIMI-
NAL INVESTIGATIVE SERVICE TO EXECUTE WARRANTS
AND MAKE ARRESTS.
(a) AUTHORITY.—Chapter 81 of title 10, United States Code,
is amended by inserting after section 1585 the following new section:
‘‘§ 1585a. Special agents of the Defense Criminal Investigative
Service: authority to execute warrants and make
arrests
‘‘(a) AUTHORITY.—The Secretary of Defense may authorize any
DCIS special agent described in subsection (b)—
‘‘(1) to execute and serve any warrant or other process
issued under the authority of the United States; and
‘‘(2) to make arrests without a warrant—
‘‘(A) for any offense against the United States commit-
ted in the presence of that agent; and
‘‘(B) for any felony cognizable under the laws of the
United States if the agent has probable cause to believe
that the person to be arrested has committed or is commit-
ting the felony.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to
any DCIS special agent whose duties include conducting, super-
vising, or coordinating investigations of criminal activity in pro-
grams and operations of the Department of Defense.
‘‘(c) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority
provided under subsection (a) shall be exercised in accordance with
guidelines prescribed by the Inspector General of the Department
of Defense and approved by the Attorney General and any other
applicable guidelines prescribed by the Secretary of Defense or
the Attorney General.
‘‘(d) DCIS SPECIAL AGENT DEFINED.—In this section, the term
‘DCIS special agent’ means an employee of the Department of
Defense who is a special agent of the Defense Criminal Investigative
Service (or any successor to that service).’’.
H. R. 1119—270
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1585 the following new item:
‘‘1585a. Special agents of the Defense Criminal Investigative Service: authority to
execute warrants and make arrests.’’.
SEC. 1072. STUDY OF INVESTIGATIVE PRACTICES OF MILITARY CRIMI-
NAL INVESTIGATIVE ORGANIZATIONS RELATING TO SEX
CRIMES.
(a) INDEPENDENT
STUDY
REQUIRED.—(1) The Secretary of
Defense shall provide for an independent study of the policies,
procedures, and practices of the military criminal investigative
organizations for the conduct of investigations of complaints of
sex crimes and other criminal sexual misconduct arising in the
Armed Forces.
(2) The Secretary shall provide for the study to be conducted
by the National Academy of Public Administration. The amount
of a contract for the study may not exceed $2,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization carry-
ing out the study.
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall
require that the organization conducting the study under this sec-
tion specifically consider each of the following matters:
(1) The need (if any) for greater organizational independ-
ence and autonomy for the military criminal investigative
organizations than exists under current chain-of-command
structures within the military departments.
(2) The authority of each of the military criminal investiga-
tive organizations to investigate allegations of sex crimes and
other criminal sexual misconduct and the policies of those
organizations for carrying out such investigations.
(3) The training (including training in skills and techniques
related to the conduct of interviews) provided by each of those
organizations to agents or prospective agents responsible for
conducting or providing support to investigations of alleged
sex crimes and other criminal sexual misconduct, including—
(A) the extent to which that training is comparable
to the training provided by the Federal Bureau of Investiga-
tion and other civilian law enforcement agencies; and
(B) the coordination of training and investigative poli-
cies related to alleged sex crimes and other criminal sexual
misconduct of each of those organizations with the Federal
Bureau of Investigation and other civilian Federal law
enforcement agencies.
(4) The procedures and relevant professional standards
of each military criminal investigative organization with regard
to recruitment and hiring of agents, including an evaluation
of the extent to which those procedures and standards provide
for—
(A) sufficient screening of prospective agents based
on background investigations; and
(B) obtaining sufficient information about the qualifica-
tions and relevant experience of prospective agents.
(5) The advantages and disadvantages of establishing,
within each of the military criminal investigative organizations
or within the Defense Criminal Investigative Service only, a
H. R. 1119—271
special unit for the investigation of alleged sex crimes and
other criminal sexual misconduct.
(6) The clarity of guidance for, and consistency of investiga-
tive tactics used by, each of the military criminal investigative
organizations for the investigation of alleged sex crimes and
other criminal sexual misconduct, together with a comparison
with the guidance and tactics used by the Federal Bureau
of Investigation and other civilian law enforcement agencies
for such investigations.
(7) The number of allegations of agent misconduct in the
investigation of sex crimes and other criminal sexual mis-
conduct for each of those organizations, together with a
comparison with the number of such allegations concerning
agents of the Federal Bureau of Investigation and other civilian
law enforcement agencies for such investigations.
(8) The procedures of each of the military criminal inves-
tigative organizations for administrative identification (known
as ‘‘titling’’) of persons suspected of committing sex crimes
or other criminal sexual misconduct, together with a comparison
with the comparable procedures of the Federal Bureau of Inves-
tigation and other civilian Federal law enforcement agencies
for such investigations.
(9) The accuracy, timeliness, and completeness of reporting
of sex crimes and other criminal sexual misconduct by each
of the military criminal investigative organizations to the
National Crime Information Center maintained by the Depart-
ment of Justice.
(10) Any recommendation for legislation or administrative
action to revise the organizational or operational arrangements
of the military criminal investigative organizations or to alter
recruitment, training, or operational procedures, as they pertain
to the investigation of sex crimes and other criminal sexual
misconduct.
(c) REPORT.—(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit
to the Secretary a report on the study not later than one year
after the date of the enactment of this Act. The organization shall
include in the report its findings and conclusions concerning each
of the matters specified in subsection (b).
(2) The Secretary shall submit the report under paragraph
(1), together with the Secretary’s comments on the report, to Con-
gress not later than 30 days after the date on which the report
is submitted to the Secretary under paragraph (1).
(d) 
MILITARY
CRIMINAL
INVESTIGATIVE
ORGANIZATION
DEFINED.—For the purposes of this section, the term ‘‘military
criminal investigative organization’’ means any of the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Defense Criminal Investigative Service.
(e) CRIMINAL SEXUAL MISCONDUCT DEFINED.—For the purposes
of this section, the term ‘‘criminal sexual misconduct’’ means con-
duct by a member of the Armed Forces involving sexual abuse,
sexual harassment, or other sexual misconduct that constitutes
an offense under the Uniform Code of Military Justice.
H. R. 1119—272
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle
A, and at the beginning of part I of subtitle A, are each
amended by striking out ‘‘471’’ in the item relating to chapter
23 and inserting in lieu thereof ‘‘481’’.
(2) The tables of chapters at the beginning of subtitle
A, and at the beginning of part IV of subtitle A, are each
amended by striking out ‘‘2540’’ in the item relating to chapter
152 and inserting in lieu thereof ‘‘2541’’.
(3) Section 116(b)(2) is amended by striking out ‘‘such sub-
section’’ and inserting in lieu thereof ‘‘subsection (a)’’.
(4) Section 129c(e)(1) is amended by striking out ‘‘section
115a(g)(2)’’ and inserting in lieu thereof ‘‘section 115a(e)(2)’’.
(5) Section 193(d)(1) is amended by striking out ‘‘performs’’
and inserting in lieu thereof ‘‘perform’’.
(6) Section 382(g) is amended by striking out ‘‘the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1997’’ and inserting in lieu thereof ‘‘September
23, 1996’’.
(7) Section 443(b)(1) is amended by striking out the period
at the end and inserting in lieu thereof a semicolon.
(8) Section 445 is amended—
(A) by striking ‘‘(1)’’ before ‘‘Except with’’;
(B) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ‘‘(2)’’ before ‘‘Whenever it appears’’ and
inserting ‘‘(b) INJUNCTIVE RELIEF.—’’; and
(D) by striking out ‘‘paragraph (1)’’ and inserting in
lieu thereof ‘‘subsection (a)’’.
(9) Section 858b(a)(1) is amended in the first sentence
by striking out ‘‘forfeiture’’ and all that follows through ‘‘due
that member’’ and inserting in lieu thereof ‘‘forfeiture of pay,
or of pay and allowances, due that member’’.
(10) The item relating to section 895 (article 95) in the
table of sections at the beginning of subchapter X of chapter
47 is amended by striking out ‘‘Art.’’.
(11) Section 943(c) is amended—
(A) by capitalizing the initial letter of the third word
of the subsection heading;
(B) in the second sentence, by striking out ‘‘Court’’
and inserting in lieu thereof ‘‘court’’; and
(C) in the third sentence, by striking out ‘‘such posi-
tions’’ and inserting in lieu thereof ‘‘positions referred to
in the preceding sentences’’.
(12) Section 954 is amended by striking out ‘‘this’’ and
inserting in lieu thereof ‘‘his’’.
(13) Section 971(b)(4) is amended by capitalizing the first
letter of the fifth and sixth words.
(14) Section 972(b) is amended by striking out ‘‘the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1996’’ in the matter preceding paragraph (1)
and inserting in lieu thereof ‘‘February 10, 1996’’.
(15) Section 976(f) is amended by striking out ‘‘shall,’’ and
all that follows and inserting in lieu thereof ‘‘shall be fined
under title 18 or imprisoned not more than 5 years, or both,
H. R. 1119—278
‘‘the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives’’.
(5) Section 1121(c) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 10
U.S.C. 113 note) is amended by striking out ‘‘under this sec-
tion—’’ and all that follow through ‘‘fiscal year 1990’’ and insert-
ing in lieu thereof ‘‘under this section may not exceed 5,000
during any fiscal year’’.
(6) Section 204(e)(3) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law
100–526; 10 U.S.C. 2687 note) is amended by striking out
‘‘section 2873(a)’’ and inserting in lieu thereof ‘‘section 2883(a)’’.
(e) TITLE 5, UNITED STATES CODE.—Title 5, United States Code,
is amended as follows:
(1) Section 5315 is amended—
(A) in the item relating to the Chief Information Officer
of the Department of the Interior, by inserting ‘‘the’’ before
‘‘Interior’’; and
(B) in the item relating to the Chief Information Officer
of the Department of the Treasury, by inserting ‘‘the’’ before
‘‘Treasury’’.
(2) Section 5316 is amended by striking out ‘‘Atomic
Energy’’ after ‘‘Assistant to the Secretary of Defense for’’ and
inserting in lieu thereof ‘‘Nuclear and Chemical and Biological
Defense Programs’’.
(f) ACT OF AUGUST 10, 1956.—Section 3(a)(3) of the Act of
August 10, 1956 (33 U.S.C. 857a) is amended by striking out ‘‘1374,’’.
(g) ACQUISITION POLICY STATUTES.—
(1) Section 309 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 259) is amended by striking
out ‘‘and’’ at the end of subsection (b)(2).
(2) The Office of Federal Procurement Policy Act is amend-
ed as follows:
(A) The item relating to section 27 in the table of
contents in section 1(b) is amended to read as follows:
‘‘Sec. 27. Restrictions on disclosing and obtaining contractor bid or proposal informa-
tion or source selection information.’’.
(B) Section 6(d) (41 U.S.C. 405(d)) is amended—
(i) by striking out the period at the end of para-
graph (5)(J) and inserting in lieu thereof a semicolon;
(ii) by moving paragraph (6) two ems to the left;
and
(iii) in paragraph (12), by striking out ‘‘small busi-
ness’’ and inserting in lieu thereof ‘‘small businesses’’.
(C) Section 35(b)(2) (41 U.S.C. 431(b)(2)) is amended
by striking out ‘‘commercial’’ and inserting in lieu thereof
‘‘commercially available’’.
(3) Section 6 of the Contract Disputes Act of 1978 (41
U.S.C. 605) is amended in subsections (d) and (e) by striking
out ‘‘(as in effect on September 30, 1995)’’ each place it appears.
(4) Subsections (d)(1) and (e) of section 16 of the Small
Business Act (15 U.S.C. 645) are each amended by striking
out ‘‘concerns’’ and inserting in lieu thereof ‘‘concern’’.
(h) AMENDMENTS TO CONFORM CHANGE IN SHORT TITLE OF
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT OF 1996.—
H. R. 1119—279
(1) Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g–3) is amended in subsections
(a)(4) and (b)(2) by striking out ‘‘Information Technology
Management Reform Act of 1996’’ and inserting in lieu thereof
‘‘Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’.
(2) Section 612(f) of title 28, United States Code, is amend-
ed by striking out ‘‘the Information Technology Management
Reform Act of 1996’’ and inserting in lieu thereof ‘‘division
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)’’.
(3) Section 310(b) of title 38, United States Code, is amend-
ed by striking out ‘‘the Information Technology Management
Reform Act of 1996’’ and inserting in lieu thereof ‘‘division
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)’’.
(4) Section 6(b) of the Computer Security Act of 1987 (40
U.S.C. 1441 note) is amended by striking out ‘‘Information
Technology Management Reform Act of 1996’’ and inserting
in lieu thereof ‘‘Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’.
(5) Chapter 35 of title 44, United States Code, is amended—
(A) in section 3502(9)—
(i) by striking out ‘‘the Information Technology
Management Reform Act of 1996’’ and inserting in
lieu thereof ‘‘the Clinger-Cohen Act of 1996 (40 U.S.C.
1401)’’; and
(ii) by inserting ‘‘(40 U.S.C. 1452)’’ after ‘‘that Act’’;
(B) in section 3504(h)(2), by striking out ‘‘the Informa-
tion Technology Management Reform Act of 1996’’ and
inserting in lieu thereof ‘‘division E of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401 et seq.)’’; and
(C) in sections 3504(g)(2), 3504(g)(3), 3504(h)(1)(B), and
3518(d) by striking out ‘‘Information Technology Manage-
ment Reform Act of 1996’’ and inserting in lieu thereof
‘‘Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’.
(i) COORDINATION WITH OTHER AMENDMENTS.—For purposes
of applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.
SEC. 1074. SUSTAINMENT AND OPERATION OF THE GLOBAL POSITION-
ING SYSTEM.
(a) FINDINGS.—Congress makes the following findings:
(1) The Global Positioning System (consisting of a constella-
tion of satellites and associated facilities capable of providing
users on earth with a highly precise statement of their location
on earth) makes significant contributions to the attainment
of the national security and foreign policy goals of the United
States, the safety and efficiency of international transportation,
and the economic growth, trade, and productivity of the United
States.
(2) The infrastructure for the Global Positioning System
(including both space and ground segments of the infrastruc-
ture) is vital to the effectiveness of United States and allied
military forces and to the protection of the national security
interests of the United States.
(3) In addition to having military uses, the Global Position-
ing System has essential civil, commercial, and scientific uses.
(4) As a result of the increasing demand of civil, commer-
cial, and scientific users of the Global Positioning System—
H. R. 1119—280
(A) there has emerged in the United States a new
commercial industry to provide Global Positioning System
equipment and related services to the many and varied
users of the system; and
(B) there have been rapid technical advancements in
Global Positioning System equipment and services that
have contributed significantly to reductions in the cost
of the Global Positioning System and increases in the tech-
nical capabilities and availability of the system for military
uses.
(5) It is in the national interest of the United States for
the United States—
(A) to support continuation of the multiple-use char-
acter of the Global Positioning System;
(B) to promote broader acceptance and use of the Global
Positioning System and the technological standards that
facilitate expanded use of the system for civil purposes;
(C) to coordinate with other countries to ensure (i)
efficient management of the electromagnetic spectrum used
by the Global Positioning System, and (ii) protection of
that spectrum in order to prevent disruption of signals
from the system and interference with that portion of the
electromagnetic spectrum used by the system; and
(D) to encourage open access in all international mar-
kets to the Global Positioning System and supporting
equipment, services, and techniques.
(b) INTERNATIONAL COOPERATION.—Congress urges the Presi-
dent to promote the security of the United States and its allies,
the public safety, and commercial interests by taking the following
steps:
(1) Undertaking a coordinated effort within the executive
branch to seek to establish the Global Positioning System,
and augmentations to the system, as a worldwide resource.
(2) Seeking to enter into international agreements to estab-
lish signal and service standards that protect the Global
Positioning System from disruption and interference.
(3) Undertaking efforts to eliminate any barriers to, and
other restrictions of foreign governments on, peaceful uses of
the Global Positioning System.
(4) Requiring that any proposed international agreement
involving nonmilitary use of the Global Positioning System
or any augmentation to the system not be agreed to by the
United States unless the proposed agreement has been reviewed
by the Secretary of State, the Secretary of Defense, the Sec-
retary of Transportation, and the Secretary of Commerce (acting
as the Interagency Global Positioning System Executive Board
established by Presidential Decision Directive NSTC–6, dated
March 28, 1996).
(c) FISCAL YEAR 1998 PROHIBITION OF SUPPORT OF FOREIGN
SYSTEM.—None of the funds authorized to be appropriated under
this Act may be used to support the operation and maintenance
or enhancement of a satellite navigation system operated by a
foreign country.
(d) IN GENERAL.—(1) Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 134 the following
new chapter:
H. R. 1119—281
‘‘CHAPTER 136—PROVISIONS RELATING TO SPECIFIC
PROGRAMS
‘‘Sec.
‘‘2281. Global Positioning System.
‘‘§ 2281. Global Positioning System
‘‘(a) SUSTAINMENT AND OPERATION FOR MILITARY PURPOSES.—
The Secretary of Defense shall provide for the sustainment of the
capabilities of the Global Positioning System (hereinafter in this
section referred to as the ‘GPS’), and the operation of basic GPS
services, that are beneficial for the national security interests of
the United States. In doing so, the Secretary shall—
‘‘(1) develop appropriate measures for preventing hostile
use of the GPS so as to make it unnecessary for the Secretary
to use the selective availability feature of the system continu-
ously while not hindering the use of the GPS by the United
States and its allies for military purposes; and
‘‘(2) ensure that United States armed forces have the
capability to use the GPS effectively despite hostile attempts
to prevent the use of the system by such forces.
‘‘(b) SUSTAINMENT AND OPERATION FOR CIVILIAN PURPOSES.—
The Secretary of Defense shall provide for the sustainment and
operation of the GPS Standard Positioning Service for peaceful
civil, commercial, and scientific uses on a continuous worldwide
basis free of direct user fees. In doing so, the Secretary—
‘‘(1) shall provide for the sustainment and operation of
the GPS Standard Positioning Service in order to meet the
performance requirements of the Federal Radionavigation Plan
prepared jointly by the Secretary of Defense and the Secretary
of Transportation pursuant to subsection (c);
‘‘(2) shall coordinate with the Secretary of Transportation
regarding the development and implementation by the Govern-
ment of augmentations to the basic GPS that achieve or
enhance uses of the system in support of transportation;
‘‘(3) shall coordinate with the Secretary of Commerce, the
United States Trade Representative, and other appropriate offi-
cials to facilitate the development of new and expanded civil
and commercial uses for the GPS;
‘‘(4) shall develop measures for preventing hostile use of
the GPS in a particular area without hindering peaceful civil
use of the system elsewhere; and
‘‘(5) may not agree to any restriction on the Global Position-
ing System proposed by the head of a department or agency
of the United States outside the Department of Defense in
the exercise of that official’s regulatory authority that would
adversely affect the military potential of the Global Positioning
System.
‘‘(c) FEDERAL
RADIONAVIGATION
PLAN.—The Secretary of
Defense and the Secretary of Transportation shall jointly prepare
the Federal Radionavigation Plan. The plan shall be revised and
updated not less often than every two years. The plan shall be
prepared in accordance with the requirements applicable to such
plan as first prepared pursuant to section 507 of the International
Maritime Satellite Telecommunications Act (47 U.S.C. 756). The
plan, and any amendment to the plan, shall be published in the
Federal Register.