238
‘‘(E) $10,000 per year, if the officer has at least
12 but less than 14 years of creditable service.
‘‘(F) $9,000 per year, if the officer has at least
14 but less than 18 years of creditable service.
‘‘(G) $8,000 per year, if the officer has 18 or
more years of creditable service.’’.
(b) VARIABLE SPECIAL PAY FOR SENIOR OFFICERS.—
Paragraph (3) of such section is amended by striking out
‘‘$1,000’’ and inserting in lieu thereof ‘‘$7,000’’.
(c) ADDITIONAL SPECIAL PAY.—Paragraph (4) of such
section is amended by striking out subparagraphs (B)
through (D) and inserting in lieu thereof the following new
subparagraphs:
‘‘(B) $6,000 per year, if the officer has at least
three but less than 10 years of creditable service.
‘‘(C) $15,000 per year, if the officer has 10 or
more years of creditable service.’’.
SEC. 617. SPECIAL PAY FOR DUTY AT DESIGNATED HARD-
SHIP DUTY LOCATIONS.
(a) SPECIAL PAY AUTHORIZED.—Section 305 of title
37, United States Code, is amended by striking out sub-
section (a) and inserting in lieu thereof the following new
subsection:
‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a uni-
formed service who is entitled to basic pay may be paid
239
special pay under this section at a monthly rate not to ex-
ceed $300 while the member is on duty at a location in
the United States or outside the United States designated
by the Secretary of Defense as a hardship duty location.’’.
(b) CROSS REFERENCES AND REGULATIONS.—Such
section is further amended—
(1) in subsection (b)—
(A) by inserting ‘‘EXCEPTION FOR CERTAIN
MEMBERS SERVING IN CERTAIN LOCATIONS.—’’
after ‘‘(b)’’; and
(B) by striking out ‘‘as foreign duty pay’’
and inserting in lieu thereof ‘‘as hardship duty
location pay’’;
(2) in subsection (c)—
(A) by inserting ‘‘EXCEPTION
FOR MEM-
BERS RECEIVING CAREER SEA PAY.—’’ after
‘‘(c)’’; and
(B) by striking out ‘‘special pay under this
section’’ and inserting in lieu thereof ‘‘hardship
duty location pay under subsection (a)’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) REGULATIONS.—The Secretary of Defense shall
prescribe regulations for the provision of hardship duty lo-
240
cation pay under subsection (a), including the actual
monthly rates at which the special pay will be available.’’.
(c) CLERICAL AMENDMENTS.—(1) the heading of such
section is amended to read as follows:
‘‘§ 305. Special pay: hardship duty location pay’’.
(2) The table of sections at the beginning of chapter
5 of title 37, United States Code, is amended by striking
out the item relating to section 305 and inserting in lieu
thereof the following new item:
‘‘305. Special pay: hardship duty location pay.’’.
(d) CONFORMING AMENDMENT.—Section 907(d) of
such title is amended by striking out ‘‘duty at certain
places’’ and inserting in lieu thereof ‘‘duty at a hardship
duty location’’.
(e) TRANSITION.—Until such time as the Secretary of
Defense prescribes regulations regarding the provision of
hardship duty location pay under section 305 of title 37,
United States Code, as amended by this section, the Sec-
retary may continue to use the authority provided by such
section 305, as in effect on the day before the date of the
enactment of this Act, to provide special pay to enlisted
members of the uniformed services on duty at certain places.
SEC. 618. SELECTED RESERVE REENLISTMENT BONUS.
(a) ELIGIBLE MEMBERS.—Subsection (a)(1) of section
308b of title 37, United States Code, is amended by striking
out ‘‘ten years’’ and inserting in lieu thereof ‘‘14 years’’.
241
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of
such section is amended to read as follows:
‘‘(b)(1) The amount of a bonus under this section may
not exceed—
‘‘(A) $2,500, in the case of a member who reen-
lists or extends an enlistment for a period of three
years; and
‘‘(B) $5,000, in the case of a member who reen-
lists or extends an enlistment for a period of six
years.
‘‘(2) The bonus shall be paid according to a payment
schedule determined by the Secretary concerned, except that
the initial payment to a member may not exceed one-half
the total bonus amount for the member.’’.
(c) NUMBER OF INDIVIDUAL BONUSES.—Subsection
(c) of such section is amended to read as follows:
‘‘(c) A member may not be paid more than one six-
year bonus or two three-year bonuses under this section.’’.
(d) EFFECT
OF
FAILURE
TO
SERVE
SATISFAC-
TORILY.—Subsection (d) of such section is amended to read
as follows:
‘‘(d) A member who receives a bonus under this section
and who fails, during the period for which the bonus was
paid, to serve satisfactorily in the element of the Selected
Reserve of the Ready Reserve with respect to which the
242
bonus was paid shall refund to the United States an
amount that bears the same relation to the amount of the
bonus paid to the member as the period that the member
failed to serve satisfactorily bears to the total period for
which the bonus was paid.’’.
SEC. 619. SELECTED RESERVE ENLISTMENT BONUS FOR
FORMER ENLISTED MEMBERS.
(a) ELIGIBLE PERSONS.—Subsection (a)(2) of section
308i of title 37, United States Code, is amended by striking
out subparagraph (A) and inserting in lieu thereof the fol-
lowing new subparagraph:
‘‘(A) has completed a military obligation but has
less than 14 years of total military service;’’;
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of
such section is amended to read as follows:
‘‘(b)(1) The amount of a bonus under this section may
not exceed—
‘‘(A) $2,500, in the case of a person who enlists
for a period of three years; and
‘‘(B) $5,000, in the case of a person who enlists
for a period of six years.
‘‘(2) The bonus shall be paid according to a payment
schedule determined by the Secretary concerned, except that
the initial payment to a person may not exceed one-half
the total bonus amount for the person.’’.
243
(c) LIMITATIONS.—Subsection (c) of such section is
amended to read as follows:
‘‘(c)(1) A person may not be paid more than one six-
year bonus or two three-year bonuses under this section.
‘‘(2) A person may not be paid a bonus under this
section unless the specialty associated with the position the
person is projected to occupy as a member of the Selected
Reserve is a specialty in which—
‘‘(A) the person successfully served while a mem-
ber on active duty; and
‘‘(B) the person attained a level of qualification
while a member commensurate with the grade and
years of service of the member.’’.
SEC. 620. SPECIAL PAY OR BONUSES FOR ENLISTED MEM-
BERS EXTENDING TOURS OF DUTY OVER-
SEAS.
(a) INCLUSION OF BONUS INCENTIVE.—(1) Section
314 of title 37, United States Code, is amended to read as
follows:
‘‘§ 314. Special pay or bonus: qualified enlisted mem-
bers extending duty at designated loca-
tions overseas
‘‘(a) COVERED MEMBERS.—This section applies with
respect to an enlisted member of an armed force who—
‘‘(1) is entitled to basic pay;
245
‘‘(c) SELECTION AND PAYMENT OF SPECIAL PAY OR
BONUS.—Not later than the date on which the Secretary
concerned accepts an agreement described in subsection
(a)(4) providing for the extension of a member’s tour of
duty, the Secretary concerned shall notify the member re-
garding whether the member will receive special pay or a
bonus under this section. The payment rate for the special
pay or bonus shall be fixed at the time of the agreement
and may not be changed during the period of the extended
tour of duty. The Secretary concerned may pay a bonus
under this section either in a lump sum or installments.
‘‘(d) REPAYMENT OF BONUS.—(1) If a member who
receives all or part of a bonus under this section fails to
complete the total period of extension specified in the agree-
ment described in subsection (a)(4), the Secretary concerned
may require the member to repay the United States, on a
pro rata basis and to the extent that the Secretary deter-
mines conditions and circumstances warrant, amounts
paid to the member under this section.
‘‘(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of the
agreement does not discharge the member signing the agree-
246
ment from a debt arising under the agreement or under
paragraph (1). This paragraph applies to any case com-
menced under title 11 on or after October 1, 1997.
‘‘(e) EFFECT
OF REST
AND RECUPERATIVE AB-
SENCE.—A member who elects to receive one of the benefits
specified in section 705(b) of title 10 as part of the extension
of a tour of duty is not entitled to the special pay or bonus
authorized by this section for the period of the extension
of duty for which the benefit under such section is pro-
vided.’’.
(2) The item relating to section 314 in the table of
sections at the beginning of chapter 5 of such title is amend-
ed to read as follows:
‘‘314. Special pay or bonus: qualified enlisted members extending duty at des-
ignated locations overseas.’’.
(b) APPLICATION OF AMENDMENT.—Section 314 of
title 37, United States Code, as amended by subsection (a),
shall apply with respect to an agreement to extend a tour
of duty as provided in such section executed on or after
October 1, 1997.
SEC. 621. INCREASE IN AMOUNT OF FAMILY SEPARATION
ALLOWANCE.
Section 427 of title 37, United States Code (as amend-
ed by section 604(b)(3)), is further amended in subsection
(a)(1) by striking out ‘‘$75’’ and inserting in lieu thereof
‘‘$100’’.
247
SEC. 622. CHANGE IN REQUIREMENTS FOR READY RESERVE
MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘and
shall be’’ and all that follows through ‘‘is performed’’;
and
(2) by inserting after the first sentence the fol-
lowing new sentence: ‘‘The allowance may be paid to
the member on or before the date on which the muster
duty is performed, but shall be paid not later than 30
days after the date on which the muster duty is per-
formed.’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES
FOR DEPENDENTS OF MEMBER SENTENCED
BY COURT-MARTIAL.
Section 406(h)(2)(C) of title 37, United States Code,
is amended by striking out the comma at the end of clause
(iii) and all that follows through ‘‘title 10.’’ and inserting
in lieu thereof a period.
SEC. 632. DISLOCATION ALLOWANCE.
Section 407 of title 37, United States Code, is amended
to read as follows:
248
‘‘§ 407. Travel and transportation allowances: disloca-
tion allowance
‘‘(a) BASIC ELIGIBILITY.—(1) Under regulations pre-
scribed by the Secretary concerned, a member of a uni-
formed service described in paragraph (2) is entitled to a
dislocation allowance at the rate set forth in the tables in
subsection (c) for the member’s pay grade and dependency
status.
‘‘(2) A member of the uniformed services referred to
in paragraph (1) is any of the following:
‘‘(A) A member who makes a change of perma-
nent station and the member’s dependents actually
make an authorized move in connection with the
change, including a move by the dependents—
‘‘(i) to join the member at the member’s
duty station after an unaccompanied tour of
duty when the member’s next tour of duty is an
accompanied tour at the same station; and
‘‘(ii) to a location designated by the member
after an accompanied tour of duty when the
member’s next tour of duty is an unaccompanied
tour at the same duty station.
‘‘(B) A member whose dependents actually move
pursuant to section 405a(a), 406(e), 406(h), or 554 of
this title.
249
‘‘(C) A member whose dependents actually move
from their place of residence under circumstances de-
scribed in section 406a of this title.
‘‘(D) A member who is without dependents
and—
‘‘(i) actually moves to a new permanent
station where the member is not assigned to
quarters of the United States; or
‘‘(ii) actually moves from a place of resi-
dence under circumstances described in section
406a of this title.
‘‘(E) A member who is ordered to move in con-
nection with the closure or realignment of a military
installation and, as a result, the member’s dependents
actually move or, in the case of a member without de-
pendents, the member actually moves.
‘‘(3) If a dislocation allowance is paid under this sub-
section to a member described in subparagraph (C) or
(D)(ii), the member is not entitled to another dislocation
allowance as a member described in subparagraph (A) or
(E) in connection with the same move.
‘‘(b) SECOND ALLOWANCE AUTHORIZED UNDER CER-
TAIN CIRCUMSTANCES.—(1) Under regulations prescribed
by the Secretary concerned, whenever a member is entitled
to a dislocation allowance as a member described in sub-
250
paragraph (C) or (D)(ii) of subsection (a)(2), the member
is also entitled to a second dislocation allowance at the rate
set forth in the tables in subsection (c) for the member’s
pay grade and dependency status if, subsequent to the mem-
ber or the member’s dependents actually moving from their
place of residence under circumstances described in section
406a of this title, the member or member’s dependents com-
plete that move to a new location and then actually move
from that new location to another location also under cir-
cumstances described in section 406a of this title.
‘‘(2) If a second dislocation allowance is paid under
this subsection, the member is not entitled to a dislocation
allowance as a member described in subparagraph (A) or
(E) of subsection (a)(2) in connection with those moves.
‘‘(c) DISLOCATION ALLOWANCE RATES.—(1) A dis-
location allowance under this section shall be paid at the
following monthly rates, based on a member’s pay grade
and dependency status:
‘‘COMMISSIONED OFFICERS
Paygrade
Without dependents
With dependents
O–10 ............................................................
$2,061.75
$2,538.00
O–9 ..............................................................
2,061.75
2,538.00
O–8 ..............................................................
2,061.75
2,538.00
O–7 ..............................................................
2,061.75
2,538.00
O–6 ..............................................................
1,891.50
2,285.25
O–5 ..............................................................
1,821.75
2,202.75
O–4 ..............................................................
1,688.25
1,941.75
O–3 ..............................................................
1,353.00
1,606.50
O–2 ..............................................................
1,073.25
1,371.75
O–1 ..............................................................
903.75
1,226.25
251
‘‘COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE
DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OF-
FICER
Paygrade
Without dependents
With dependents
O–3E ...........................................................
$1,461.00
$1,726.50
O–2E ...........................................................
1,242.00
1,557.75
O–1E ...........................................................
1,068.00
1,439.25
‘‘WARRANT OFFICER
Paygrade
Without dependents
With dependents
W–5 ..............................................................
$1,715.25
$1,874.25
W–4 ..............................................................
1,523.25
1,718.25
W–3 ..............................................................
1,280.00
1,574.25
W–2 ..............................................................
1,137.00
1,448.25
W–1 ..............................................................
951.75
1,252.50
‘‘ENLISTED MEMBER
Paygrade
Without dependents
With dependents
E–9 ..............................................................
$1,251.00
$1,649.25
E–8 ..............................................................
1,148.25
1,520.25
E–7 ..............................................................
981.00
1,411.50
E–6 ..............................................................
888.00
1,304.25
E–5 ..............................................................
819.00
1,173.00
E–4 ..............................................................
712.50
1,020.00
E–3 ..............................................................
699.00
949.50
E–2 ..............................................................
567.75
903.75
E–1 ..............................................................
506.25
903.75
‘‘(2) For each calendar year after 1997, the Secretary
of Defense shall adjust the rates in the tables in paragraph
(1) by the percentage equal to the rate of change of the na-
tional average monthly cost of housing, as determined by
the Secretary under section 403 of this title for that cal-
endar year.
‘‘(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1) A
member is not entitled to more than one dislocation allow-
ance during a fiscal year unless—
253
Subtitle D—Retired Pay, Survivor
Benefits, and Related Matters
SEC. 641. TIME IN WHICH CERTAIN CHANGES IN BENE-
FICIARY UNDER SURVIVOR BENEFIT PLAN
MAY BE MADE.
(a) EXTENSION
OF TIME
FOR CHANGE.—Section
1450(f)(1)(C) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘,
except that such a change of election to change a beneficiary
under the Plan from a former spouse to a spouse may be
made at any time after the person providing the annuity
remarries (rather than only within one year after the date
on which that person marries)’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to marriages occurring
before, on, or after the date of the enactment of this Act.
Subtitle E—Other Matters
SEC. 651. DEFINITION OF SEA DUTY FOR PURPOSES OF CA-
REER SEA PAY.
Section 305a(d) of title 37, United States Code, is
amended—
(1) in paragraph (1)(A), by striking out ‘‘, ship-
based staff, or ship-based aviation unit’’;
(2) in paragraph (1)(B), by striking out ‘‘or
ship-based staff’’;
254
(3) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(4) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) The Secretary concerned may designate duty per-
formed by a member while serving on a ship the primary
mission of which is accomplished either while under way
or in port as ‘sea duty’ for purposes of this section, even
though the duty is performed while the member is perma-
nently or temporarily assigned to a ship-based staff or other
unit not covered by paragraph (1).’’.
SEC. 652. LOAN REPAYMENT PROGRAM FOR COMMISSIONED
OFFICERS 
IN 
CERTAIN 
HEALTH 
PROFES-
SIONS.
(a) Chapter 109 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 2173. Education loan repayment program: commis-
sioned officers in specified health profes-
sions
‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For
the purpose of maintaining adequate numbers of commis-
sioned officers of the armed forces on active duty who are
qualified in the various health professions, the Secretary of
a military department may repay, in the case of a person
described in subsection (b), a loan that was used by the per-
255
son to finance education regarding a health profession and
was obtained from a governmental entity, private financial
institution, school, or other authorized entity.
‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain a
loan repayment under this section, a person must—
‘‘(1) satisfy one of the academic requirements
specified in subsection (c);
‘‘(2) be fully qualified for, or hold, an appoint-
ment as a commissioned officer in one of the health
professions; and
‘‘(3) sign a written agreement to serve on active
duty, or, if on active duty, to remain on active duty
for a period in addition to any other incurred active
duty obligation.
‘‘(c) ACADEMIC REQUIREMENTS.—One of the following
academic requirements must be satisfied for purposes of de-
termining the eligibility of a person for a loan repayment
under this section:
‘‘(1) The person must be fully qualified in a
health profession that the Secretary of the military
department concerned has determined to be necessary
to meet identified skill shortages.
‘‘(2) The person must be enrolled as a full-time
student in the final year of a course of study at an
accredited educational institution leading to a degree
256
in a health profession other than medicine or osteo-
pathic medicine.
‘‘(3) The person must be enrolled in the final
year of an approved graduate program leading to
specialty qualification in medicine, dentistry, osteo-
pathic medicine, or other health profession.
‘‘(d) CERTAIN PERSON INELIGIBLE.—Participants of
the Armed Forces Health Professions Scholarship and Fi-
nancial Assistance program under subchapter I of chapter
105 of this title and students of the Uniformed Services
University of the Health Sciences established under section
2112 of this title are not eligible for the repayment of an
education loan under this section.
‘‘(e) LOAN REPAYMENTS.—(1) Subject to the limits es-
tablished by paragraph (2), a loan repayment under this
section may consist of payment of the principal, interest,
and related expenses of a loan obtained by a person de-
scribed in subsection (b) for—
‘‘(A) all educational expenses, comparable to all
educational expenses recognized under section 2127(a)
of this title for participants in the Armed Forces
Health Professions Scholarship and Financial Assist-
ance program; and
‘‘(B) reasonable living expenses, not to exceed ex-
penses comparable to the stipend paid under section
257
2121(d) of this title for participants in the Armed
Forces Health Professions Scholarship and Financial
Assistance program.
‘‘(2) For each year of obligated service that a person
agrees to serve in an agreement described in subsection
(b)(3), the Secretary of the military department concerned
may pay not more than $22,000 on behalf of the person.
This maximum amount shall be increased annually by the
Secretary of Defense effective October 1 of each year by a
percentage equal to the percent increase in the average an-
nual cost of educational expenses and stipend costs of a sin-
gle scholarship under the Armed Forces Health Professions
Scholarship and Financial Assistance program. The total
amount that may be repaid on behalf of any person may
not exceed an amount determined on the basis of a four-
year active duty service obligation.
‘‘(f) ACTIVE DUTY SERVICE OBLIGATION.—(1) A per-
son entering into an agreement described in subsection
(b)(3) incurs an active duty service obligation. The length
of this obligation shall be determined under regulations pre-
scribed by the Secretary of Defense, but those regulations
may not provide for a period of obligation of less than one
year for each maximum annual amount, or portion thereof,
paid on behalf of the person for qualified loans.
258
‘‘(2) For persons on active duty before entering into
the agreement, the active duty service obligation shall be
served consecutively to any other incurred obligation.
‘‘(g) EFFECT OF FAILURE TO COMPLETE OBLIGA-
TION.—A commissioned officer who is relieved of the offi-
cer’s active duty obligation under this section before the
completion of that obligation may be given, with or without
the consent of the officer, any alternative obligation com-
parable to any of the alternative obligations authorized by
section 2123(e) of this title for participants in the Armed
Forces Health Professions Scholarship and Financial As-
sistance program.
‘‘(h) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section, including
standards for qualified loans and authorized payees and
other terms and conditions for the making of loan repay-
ments.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2173. Education loan repayment program: commissioned officers in specified
health professions.’’.
259
SEC. 653. CONFORMANCE OF NOAA COMMISSIONED OFFI-
CERS SEPARATION PAY TO SEPARATION PAY
FOR MEMBERS OF OTHER UNIFORMED SERV-
ICES.
(a) ELIMINATION OF LIMITATIONS ON AMOUNT OF
SEPARATION PAY.—Section 9 of the Coast and Geodetic
Survey Commissioned Officers’ Act of 1948 (33 U.S.C.
853h) is amended—
(1) in subsection (b)(1), by striking ‘‘, or
$30,000, whichever is less’’;
(2) in subsection (b)(2), by striking ‘‘, but in no
event more than $15,000’’; and
(3) in subsection (d), by striking ‘‘(1)’’, and by
striking paragraph (2).
(b) WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD
FOR TAX PURPOSES FROM CERTAIN SEPARATION PAY.—
Section 9(e)(2) of the Coast and Geodetic Survey Commis-
sioned Officers’ Act of 1948 (33 U.S.C. 853h) is amended
in the first sentence by inserting before the period at the
end the following: ‘‘, less the amount of Federal income tax
withheld from such pay (such withholding being at the flat
withholding rate for Federal income tax withholding, as in
effect pursuant to regulations prescribed under chapter 24
of the Internal Revenue Code of 1986)’’.
(c) EFFECTIVE DATE AND APPLICATION.—The amend-
ments made by this section shall take effect on October 1,
260
1996, and shall apply to payments of separation pay that
are made after September 30, 1997.
SEC. 654. REIMBURSEMENT OF PUBLIC HEALTH SERVICE
OFFICERS FOR ADOPTION EXPENSES.
Section 221(a) of the Public Health Service Act (42
U.S.C. 213a(a)) is amended by adding at the end the follow-
ing new paragraph:
‘‘(16) Section 1052, Reimbursement for adoption
expenses.’’.
SEC. 655. PAYMENT OF BACK QUARTERS AND SUBSISTENCE
ALLOWANCES TO WORLD WAR II VETERANS
WHO SERVED AS GUERRILLA FIGHTERS IN
THE PHILIPPINES.
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall pay, upon request, to an individ-
ual described in subsection (b) the amount determined with
respect to that individual under subsection (c).
(b) COVERED INDIVIDUALS.—A payment under sub-
section (a) shall be made to any individual who as a mem-
ber of the Armed Forces during World War II—
(1) was captured within the territory of the Phil-
ippines by Japanese forces;
(2) escaped from captivity; and
261
(3) served as a guerrilla fighter in the Phil-
ippines during the period from January 1942
through February 1945.
(c) AMOUNT TO BE PAID.—The amount of a payment
under subsection (a) shall be the amount of quarters and
subsistence allowance which accrued to an individual de-
scribed in subsection (b) during the period specified in
paragraph (3) of subsection (b) and which was not paid
to that individual. For the purposes of this subsection, the
Secretary of War shall be deemed to have determined that
conditions in the Philippines during the specified period
justified payment under applicable regulations of quarters
and subsistence allowances at the maximum special rate for
duty where emergency conditions existed. The Secretary
shall apply interest compounded at the three-month Treas-
ury bill rate.
(d) PAYMENT TO SURVIVORS.—In the case of any indi-
vidual described in subsection (b) who is deceased, payment
under this section with respect to that individual shall be
made to that individual’s nearest surviving relative, as de-
termined by the Secretary concerned.
262
SEC. 656. SPACE AVAILABLE TRAVEL FOR MEMBERS OF SE-
LECTED RESERVE.
(a) IN GENERAL.—Chapter 157 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2646. Space available travel: members of Selected
Reserve
‘‘(a) AVAILABILITY.—The Secretary of Defense shall
prescribe regulations to allow members of the Selected Re-
serve in good standing (as determined by the Secretary con-
cerned), and dependents of such members, to receive trans-
portation on aircraft of the Department of Defense on a
space available basis under the same terms and conditions
as apply to members of the armed forces on active duty
and dependents of such members.
‘‘(b) CONDITION ON DEPENDENT TRANSPORTATION.—
A dependent of a member of the Selected Reserve may be
provided transportation under this section only when the
dependent is actually accompanying the member on the
travel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2646. Space available travel: members of Selected Reserve.’’.
263
SEC. 657. STUDY ON MILITARY PERSONNEL AT, NEAR, OR
BELOW THE POVERTY LINE.
(a) REQUIREMENT.—The Secretary of Defense shall
conduct a study of members of the Armed Forces and their
dependents who subsist at, near, or below the poverty line.
(b) MATTERS TO BE INCLUDED.—The study shall in-
clude the following:
(1) An analysis of potential solutions for miti-
gating or eliminating income levels for members of
the Armed Forces that result in certain members and
their dependents subsisting at, near, or below the pov-
erty line, including potential solutions involving
changes in the systems and rates of—
(A) basic allowance for subsistence for mem-
bers of the Armed Forces under section 402 of
title 37, United States Code;
(B) basic allowance for quarters for mem-
bers of the Armed Forces under section 403 of
such title; and
(C) variable housing allowance for members
of the Armed Forces under section 403a of such
title.
(2) An analysis of the effect of the amendments
made by sections 603 and 604 of this Act regarding
the calculation of the basic allowance for subsistence
and the consolidation of the basic allowance for quar-
264
ters and variable housing allowance on mitigating or
eliminating income levels for members of the Armed
Forces that result in certain members and their de-
pendents subsisting at, near, or below the poverty line
(as defined in section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, including any revision re-
quired by that section).
(3) Identification of the populations of members
of the Armed Forces and their dependents most likely
to need income support under Federal programs (and
the number of individuals in each population), in-
cluding—
(A) the populations living in areas of the
United States where housing costs are notably
high; and
(B) the populations living outside the Unit-
ed States.
(4) The desirability of increasing rates of basic
pay during a defined number of years by varying
percentages depending on pay grade, so as to provide
for greater increases for members in lower pay grades
than for higher pay grades.
(c) SUBMISSION TO CONGRESS.—Not later than 180
days after the date of the enactment of this Act, the Sec-
265
retary shall submit to Congress the findings of the study
conducted under subsection (a).
SEC. 658. IMPLEMENTATION OF DEPARTMENT OF DEFENSE
SUPPLEMENTAL FOOD PROGRAM FOR MILI-
TARY PERSONNEL OUTSIDE THE UNITED
STATES.
(a) FUNDING.—Section 1060a(b) of title 10, United
States Code, is amended by adding at the end the following
new sentence: ‘‘Pending receipt of such funds from the Sec-
retary of Agriculture for any fiscal year, the Secretary of
Defense may use funds appropriated to the Department of
Defense for that fiscal year for operations and maintenance
to carry out, and to avoid delay in implementation of, the
program referred to in subsection (a) during any fiscal
year.’’.
(b) SUBMISSION OF PLAN TO CONGRESS.—Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a plan
for implementing the special supplemental food program
under section 1060a of title 10, United States Code, as
amended by subsection (a).
266
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.
Section 1076c(b)(4) of title 10, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘dies’’ and inserting in
lieu thereof ‘‘died’’; and
(B) by striking out ‘‘or’’ at the end of the
subparagraph;
(2) by striking out the period at the end of sub-
paragraph (B) and inserting in lieu thereof ‘‘; or’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) who died while on active duty for a
period of more than 30 days and whose eligible
dependents are not eligible, or no longer eligible,
for dental benefits under section 1076a of this
title pursuant to subsection (i)(2) of such sec-
tion.’’.
267
SEC. 702. PROVISION OF PROSTHETIC DEVICES TO COV-
ERED BENEFICIARIES.
(a) INCLUSION AMONG AUTHORIZED CARE.—Sub-
section (a) of section 1077 of title 10, United States Code,
is amended by adding at the end the following new para-
graph:
‘‘(15) Prosthetic devices, as determined by the
Secretary of Defense to be necessary because of signifi-
cant conditions resulting from trauma, congenital
anomalies, or disease.’’.
(b) CONFORMING AMENDMENT.—Subsection (b) of such
section is amended by striking out paragraph (2) and in-
serting in lieu thereof the following new paragraph:
‘‘(2) Hearing aids, orthopedic footwear, and
spectacles, except that, outside of the United States
and at stations inside the United States where ade-
quate civilian facilities are unavailable, such items
may be sold to dependents at cost to the United
States.’’.
Subtitle B—TRICARE Program
SEC. 711. ADDITION OF DEFINITION OF TRICARE PROGRAM
TO TITLE 10.
Section 1072 of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph:
‘‘(7) The term ‘TRICARE program’ means the
managed health care program that is established by
268
the Department of Defense under the authority of this
chapter, principally section 1097 of this title, and in-
cludes the competitive selection of contractors to fi-
nancially underwrite the delivery of health care serv-
ices under the Civilian Health and Medical Program
of the Uniformed Services.’’.
SEC. 712. PLAN FOR EXPANSION OF MANAGED CARE OP-
TION OF TRICARE PROGRAM.
(a) EXPANSION PLAN REQUIRED.—The Secretary of
Defense shall prepare a plan for the expansion of the man-
aged care option of the TRICARE program, known as
TRICARE Prime, into areas of the United States located
outside of the catchment areas of medical treatment facili-
ties of the uniformed services, but in which the managed
care option is a cost-effective alternative because of—
(1) the significant number of covered bene-
ficiaries under chapter 55 of title 10, United States
Code, including retired members of the Armed Forces
and their dependents, who reside in the areas; and
(2) the presence in the areas of sufficient non-
military health care provider networks.
(b) ALTERNATIVES.—As an alternative to expansion of
the managed care option of the TRICARE program to areas
of the United States in which there is few or no nonmilitary
health care provider networks, the Secretary shall include
269
in the plan required under subsection (a) an evaluation of
the feasibility and cost-effectiveness of providing a member
of the Armed Forces on active duty who is stationed in such
an area, or whose dependents reside in such an area, with
one or both of the following:
(1) A monetary stipend to assist the member in
obtaining health care services for the member or the
member’s dependents.
(2) A reduction in the cost-sharing requirements
applicable to the TRICARE program options other-
wise available to the member to match the reduced
cost-sharing responsibilities of the managed care op-
tion of the TRICARE program.
(c) SUBMISSION OF PLAN.—Not later than March 1,
1998, the Secretary shall submit to Congress the plan re-
quired under subsection (a).
Subtitle C—Uniformed Services
Treatment Facilities
SEC. 721. IMPLEMENTATION OF DESIGNATED PROVIDER
AGREEMENTS 
FOR 
UNIFORMED 
SERVICES
TREATMENT FACILITIES.
(a) COMMENCEMENT
OF HEALTH CARE SERVICES
UNDER AGREEMENT.—Subsection (c) of section 722 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201, 10 U.S.C. 1073 note) is amended—
270
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ‘‘(1)’’ before ‘‘Unless’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) The Secretary may modify the effective date estab-
lished under paragraph (1) for an agreement to permit a
transition period of not more than six months between the
date on which the agreement is executed by the parties and
the date on which the designated provider commences the
delivery of health care services under the agreement.’’.
(b) TEMPORARY CONTINUATION OF EXISTING PARTICI-
PATION AGREEMENTS.—Subsection (d) of such section is
amended by inserting before the period at the end the follow-
ing: ‘‘, including any transitional period provided by the
Secretary under paragraph (2) of such subsection’’.
SEC. 722. LIMITATION ON TOTAL PAYMENTS.
Section 726(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201, 10 U.S.C.
1073 note) is amended by adding at the end the following
new sentence: ‘‘In establishing the ceiling rate for enrollees
with the designated providers who are also eligible for the
Civilian Health and Medical Program of the Uniformed
Services, the Secretary of Defense shall take into account
the health status of the enrollees.’’.
271
SEC. 723. CONTINUED ACQUISITION OF REDUCED-COST
DRUGS.
Section 722 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073
note) is amended by adding at the end the following new
subsection:
‘‘(g) CONTINUED ACQUISITION
OF REDUCED-COST
DRUGS.—A designated provider shall be treated as part of
the Department of Defense for purposes of section 8126 of
title 38, United States Code, in connection with the provi-
sion by the designated provider of health care services to
covered beneficiaries pursuant to the participation agree-
ment of the designated provider under section 718(c) of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510; 42 U.S.C. 248c note) or pursuant
to the agreement entered into under subsection (b).’’.
Subtitle D—Other Changes to Exist-
ing 
Laws 
Regarding 
Health
Care Management
SEC. 731. WAIVER OR REDUCTION OF COPAYMENTS UNDER
OVERSEAS DENTAL PROGRAM.
Section 1076a(h) of title 10, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘Sec-
retary’’ and inserting in lieu thereof ‘‘Secretary of
Defense’’; and
272
(2) by adding at the end the following new sen-
tence: ‘‘In the case of such an overseas dental plan,
the Secretary may waive or reduce the copayments
otherwise required by subsection (e) to the extent the
Secretary determines appropriate for the effective and
efficient operation of the plan.’’.
SEC. 732. PREMIUM COLLECTION REQUIREMENTS FOR MED-
ICAL AND DENTAL INSURANCE PROGRAMS.
(a) SELECTED RESERVE DENTAL INSURANCE.—Para-
graph (3) of section 1076b(b) of title 10, United States Code,
is amended to read as follows:
‘‘(3) The Secretary of Defense shall establish pro-
cedures for the collection of the member’s share of the
premium for coverage by the dental insurance plan.
Not later than October 1, 1998, the Secretary shall
permit a member to pay the member’s share of the
premium through a deduction and withholding from
basic pay payable to the member for inactive duty
training or basic pay payable to the member for ac-
tive duty.’’.
(b) RETIREE DENTAL INSURANCE PLAN.—Paragraph
(2) of section 1076c(c) of such title is amended to read as
follows:
‘‘(2) In the regulations prescribed under sub-
section (h), the Secretary of Defense shall establish
273
procedures for the payment by enrolled members and
by other enrolled covered beneficiaries of premiums
charged for coverage by the dental insurance plan.
Not later than October 1, 1998, the Secretary shall
permit a member enrolled in the plan and entitled to
retired pay to pay the member’s share of the premium
through a deduction and withholding from the retired
pay of the member.’’.
(c) IMPLEMENTATION PLAN.—Not later than March 1,
1998, the Secretary of Defense shall submit to Congress a
plan to permit, not later than October 1, 1998—
(1) an enrollee in the Selected Reserve dental in-
surance plan authorized under section 1076b of title
10, United States Code, to pay the enrollee’s share of
the premium for such insurance through a deduction
and withholding from basic pay payable to the en-
rollee;
(2) a retired member of the uniformed services
enrolled in the dental insurance plan authorized
under section 1076c of such title to pay the enrollee’s
share of the premium for such insurance through a
deduction and withholding from retired pay payable
to the enrollee; and
(3) a retired member of the uniformed services
enrolled in the managed care option of the TRICARE
274
program known as TRICARE Prime to pay the en-
rollee’s share of the premium for such option through
a deduction and withholding from retired pay pay-
able to the enrollee.
SEC. 733. CONSISTENCY BETWEEN CHAMPUS AND MEDI-
CARE IN PAYMENT RATES FOR SERVICES.
(a) CONFORMITY BETWEEN RATES.—Section 1079(h)
of title 10, United States Code, is amended by striking out
paragraphs (1), (2), and (3) and inserting in lieu thereof
the following new paragraph:
‘‘(1) Except as provided in paragraphs (2) and (3),
payment for a charge for services by an individual health
care professional (or other noninstitutional health care pro-
vider) for which a claim is submitted under a plan con-
tracted for under subsection (a) shall be equal to an amount
determined to be appropriate, to the extent practicable, in
accordance with the same reimbursement rules as apply to
payments for similar services under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.). The Secretary
of Defense shall determine the appropriate payment amount
under this paragraph in consultation with the other admin-
istering Secretaries.’’.
(b) REDUCED RATES AUTHORIZED.—Paragraph (5)
of such section is amended by adding at the end the follow-
ing new sentence: ‘‘With the consent of the health care pro-
275
vider, the Secretary is also authorized to reduce the author-
ized payment for certain health care services below the
amount otherwise required by the payment limitations
under paragraph (1).’’.
(c) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in paragraph (5), by striking out ‘‘para-
graph (4), the Secretary’’ and inserting in lieu thereof
‘‘paragraph (2), the Secretary of Defense’’; and
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (2), (3), and (4), respectively.
SEC. 734. USE OF PERSONAL SERVICES CONTRACTS FOR
PROVISION OF HEALTH CARE SERVICES AND
LEGAL PROTECTION FOR PROVIDERS.
(a) USE OF CONTRACTS OUTSIDE MEDICAL TREAT-
MENT FACILITIES.—Section 1091(a) of title 10, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of
Defense’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Secretary of Defense may also enter into per-
sonal services contracts to carry out other health care re-
sponsibilities of the Secretary, such as the provision of med-
ical screening examinations at Military Entrance Process-
276
ing Stations, at locations outside medical treatment facili-
ties, as determined necessary pursuant to regulations issued
by the Secretary.’’.
(b) DEFENSE OF SUITS.—Section 1089 of such title
is amended—
(1) in subsection (a), by adding at the end the
following new sentence: ‘‘This subsection shall also
apply if the physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (or the es-
tate of such person) involved is serving under a per-
sonal services contract entered into by the Secretary
of Defense under section 1091 of this title.’’; and
(2) in subsection (f)—
(A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) With respect to the Secretary of Defense and the
Armed Forces Retirement Home Board, the authority pro-
vided by paragraph (1) also includes the authority to pro-
vide for reasonable attorney’s fees for persons described in
subsection (a), as determined necessary pursuant to regula-
tions issued by the head of the agency concerned.’’.
277
SEC. 735. PORTABILITY OF STATE LICENSES FOR DEPART-
MENT OF DEFENSE HEALTH CARE PROFES-
SIONALS.
Section 1094 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d)(1) Notwithstanding any law regarding the licen-
sure of health care providers, a health-care professional de-
scribed in paragraph (2) may practice the health profession
or professions of the health-care professional in any State,
the District of Columbia, or a Commonwealth, territory, or
possession of the United States, regardless of whether the
practice occurs in a health care facility of the Department
of Defense, a civilian facility affiliated with the Department
of Defense, or any other location authorized by the Sec-
retary of Defense .
‘‘(2) A health-care professional referred to in para-
graph (1) is a member of the armed forces who—
‘‘(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health pro-
fession; and
‘‘(B) is performing authorized duties for the De-
partment of Defense.’’.
278
SEC. 736. STANDARD FORM AND REQUIREMENTS REGARD-
ING CLAIMS FOR PAYMENT FOR SERVICES.
(a) CLARIFICATION OF EXISTING REQUIREMENTS.—
Section 1106 of title 10, United States Code, is amended
to read as follows:
‘‘§ 1106. Submittal of claims: standard form; time lim-
its
‘‘(a) STANDARD FORM.—The Secretary of Defense,
after consultation with the other administering Secretaries,
shall prescribe by regulation a standard form for the sub-
mission of claims for the payment of health care services
provided under this chapter.
‘‘(b) TIME FOR SUBMISSION.—A claim for payment
for services shall be submitted as provided in such regula-
tions not later than one year after the services are pro-
vided.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 55 of title 10, United States Code,
is amended by striking out the item relating to section 1106
and inserting in lieu thereof the following new item:
‘‘1106. Submittal of claims: standard form; time limits.’’.
SEC. 737. MEDICAL PERSONNEL CONSCIENCE CLAUSE.
(a) SECRETARY OF DEFENSE POLICY.—The Secretary
of Defense shall establish a uniform policy for the Army,
Navy, and Air Force establishing the circumstances under
which covered members (as defined in subsection (d)) of the
279
Army, Navy, and Air Force may refuse, based on con-
science, to perform an abortion (or participate in the per-
formance of an abortion) or provide a covered family plan-
ning service (or participate in the provision of such a serv-
ice).
(b) CONSCIENCE CLAUSE.—(1) The policy established
under subsection (a) shall provide that a member of the
Army, Navy, or Air Force who is a covered member may
not be required to perform an abortion (or participate in
the performance of an abortion), or to provide a covered
family planning service (or participate in the provision of
such a service), if the member believes that to do so would
be wrong on moral, ethical or religious grounds.
(2) Paragraph (1) does not apply in a case in which
refusal to perform an abortion (or participate in the per-
formance of an abortion) or provide a covered family plan-
ning service would pose a life-threatening risk to the pa-
tient.
(c) COVERED FAMILY PLANNING SERVICES.—For the
purposes of this section, a covered family planning service
is any of the following:
(1) Contraceptive services, not limited to the pre-
scription or provision of a pharmaceutical prepara-
tion, device, or chemical method.
(2) Surgical sterilization.
280
(d) COVERED MEMBER.—In this section, the term
‘‘covered member’’ means a member of the Army, Navy, or
Air Force who—
(1) in the case of the Army, is a member of the
Medical Corps, Dental Corps, Nurse Corps, Medical
Service Corps, Veterinary Corps, or Army Medical
Specialist Corps or is an enlisted member directly en-
gaged in or directly supporting medically related ac-
tivities;
(2) in the case of the Navy, is a member of the
Medical Corps, Dental Corps, Nurse Corps, or Medi-
cal Service Corps or is an enlisted member directly
engaged in or directly supporting medically related
activities; and
(3) in the case of the Air Force, is designated as
a medical officer, dental officer, Air Force nurse, med-
ical service officer, or biomedical science officer or is
an enlisted member directly engaged in or directly
supporting medically related activities.
(e) EFFECTIVE DATE.—The policy established pursu-
ant to subsection (a) shall apply with respect to any refusal
on or after the date of the enactment of this Act to perform
an abortion (or participate in the performance of an abor-
tion) or to provide a covered family planning service.
281
Subtitle E—Other Matters
SEC. 741. CONTINUED ADMISSION OF CIVILIANS AS STU-
DENTS IN PHYSICIAN ASSISTANT TRAINING
PROGRAM OF ARMY MEDICAL DEPARTMENT.
(a) CIVILIAN ATTENDANCE.—(1) Chapter 407 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 4416. Academy of Health Sciences: admission of ci-
vilians in physician assistant training
program
‘‘(a) RECIPROCAL AGREEMENTS WITH COLLEGES.—
The Secretary of the Army may enter into an agreement
with an accredited institution of higher education under
which students of the institution may attend the physician
assistant training program conducted by the Army Medical
Department at the Academy of Health Sciences at Fort
Sam Houston, Texas, during the didactic portion of the
program. In exchange for the admission of such students,
the institution of higher education shall agree to provide
such academic services as the Secretary and the institution
consider to be appropriate to support the physician assist-
ant training program at the Academy. The Secretary shall
ensure that the Army Medical Department does not incur
any additional costs as a result of the agreement than the
282
Department would incur to obtain such academic services
in the absence of the agreement.
‘‘(b) SELECTION OF STUDENTS.—The attendance of ci-
vilian students at the Academy pursuant to an agreement
under subsection (a) may not result in a decrease in the
number of members of the armed forces enrolled in the phy-
sician assistant training program. In consultation with the
institution of higher education that is a party to the agree-
ment, the Secretary shall establish qualifications and meth-
ods of selection for students to receive instruction at the
Academy. The qualifications established shall be comparable
to those generally required for admission to the physician
assistant training program at the Academy.
‘‘(c) RULES OF ATTENDANCE.—Except as the Sec-
retary determines necessary, a civilian student who receives
instruction at the Academy pursuant to an agreement en-
tered into under subsection (a) shall be subject to the same
regulations governing attendance, discipline, discharge, and
dismissal as apply to other persons attending the Academy.
‘‘(d) REPORT.—For each year in which an agreement
under subsection (a) is in effect, the Secretary shall submit
to Congress a report specifying the number of civilian stu-
dents who received instruction at the Academy under the
agreement during the period covered by the report and
accessing the benefits to the United States of the agreement.
283
‘‘(e) ACADEMY DEFINED.—In this section, the term
‘Academy’ means the Academy of Health Sciences of the
Army Medical Department at Fort Sam Houston, Texas.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘4416. Academy of Health Sciences: admission of civilians in physician assistant
training program.’’.
(b) EFFECT
ON EXISTING DEMONSTRATION PRO-
GRAM.—An agreement entered into under the demonstra-
tion program for the admission of civilians as physician
assistant students at the Academy of Health Sciences, Fort
Sam Houston, Texas, established pursuant to section 732
of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2810) shall be treated
as an agreement entered into under section 4416 of title
10, United States Code (as added by subsection (a)). The
agreement may be extended in such manner and for such
period as the parties to the agreement consider appropriate
consistent with such section 4416.
SEC. 742. EMERGENCY HEALTH CARE IN CONNECTION WITH
OVERSEAS ACTIVITIES OF ON-SITE INSPEC-
TION AGENCY OF DEPARTMENT OF DEFENSE.
(a) PAYMENT OF EXPENSES FOR EMERGENCY HEALTH
CARE.—Chapter 152 of title 10, United States Code, is
amended by inserting after section 2549 the following new
section:
284
‘‘§ 2549a. Emergency health care: overseas activities of
On-Site Inspection Agency
‘‘(a) AUTHORITY TO PAY EXPENSES.—From funds ap-
propriated for the necessary expenses of the On-Site Inspec-
tion Agency of the Department of Defense, the Secretary of
Defense may pay or reimburse an employee of the Agency,
a member of the uniformed services or a civilian employee
assigned or detailed to the Agency, or an employee of a con-
tractor operating under a contract with the Agency, for
emergency health care services obtained by the employee,
member, or contractor employee while permanently or tem-
porarily on duty in a state of the former Soviet Union or
the former Warsaw Pact.
‘‘(b) INITIAL DEPOSITS.—The expenses for emergency
health care that may be paid or reimbursed under sub-
section (a) include initial deposits for emergency care and
inpatient care.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2549 the following new item:
‘‘2549a. Emergency health care: overseas activities of On-Site Inspection Agency.’’.
SEC. 743. COMPTROLLER GENERAL STUDY OF ADEQUACY
AND 
EFFECT 
OF 
MAXIMUM 
ALLOWABLE
CHARGES FOR PHYSICIANS UNDER CHAMPUS.
(a) STUDY
REQUIRED.—The Comptroller General
shall conduct a study regarding the adequacy of the maxi-
285
mum allowable charges for physicians established under the
Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) and the effect of such charges on the
participation of physicians in CHAMPUS. The study shall
include an evaluation of the following:
(1) The methodology used by the Secretary of De-
fense to establish maximum allowable charges for phy-
sicians under CHAMPUS, and whether such meth-
odology conforms to the requirements of section
1079(h) of title 10, United States Code.
(2) The differences between the established
charges under CHAMPUS and reimbursement rates
for similar services under title XVIII of the Social Se-
curity Act and other health care programs.
(3) The basis for physician complaints that the
CHAMPUS established charges are too low.
(4) The difficultly of CHAMPUS in ensuring
physician compliance with the CHAMPUS estab-
lished charges in the absence of legal mechanisms to
enforce compliance, and the effect of noncompliance
on patient out-of-pocket expenses.
(5) The effect of the established charges under
CHAMPUS on the participation of physicians in
CHAMPUS, and the extent and success of Depart-
286
ment of Defense efforts to increase physician partici-
pation in areas with low participation rates.
(b) SUBMISSION OF REPORT.—Not later than March
1, 1998, the Comptroller General shall submit to Congress
a report containing the results of the study required by sub-
section (a).
SEC. 744. COMPTROLLER GENERAL STUDY OF DEPARTMENT
OF DEFENSE PHARMACY PROGRAMS.
Not later than March 31, 1998, the Comptroller Gen-
eral shall submit to Congress a study evaluating the phar-
macy programs of the Department of Defense. The study
shall include an examination of the following:
(1) The merits and feasibility of establishing a
uniform formulary for military treatment facility
pharmacies and civilian contractor pharmacy benefit
administrators.
(2) The extent of, and cost impacts from, mili-
tary treatment facility pharmacies denying covered
beneficiaries under chapter 55 of title 10, United
States Code, pharmacy care access and shifting such
beneficiaries to other sources of pharmacy care.
(3) The merits and feasibility of implementing
other pharmacy benefit management best practices at
military treatment facility and civilian contractor
pharmacies.
287
(4) The cost impacts of TRICARE program con-
tractors being unable to procure pharmaceuticals at
discounted prices pursuant to section 8126 of title 38,
United States Code, and potential ways to increase
the discounts available to TRICARE program con-
tractors, with appropriate controls.
SEC. 745. COMPTROLLER GENERAL STUDY OF NAVY GRAD-
UATE MEDICAL EDUCATION PROGRAM.
(a) STUDY
REQUIRED.—The Comptroller General
shall conduct a study to evaluate the validity of the rec-
ommendations made by the Medical Education Policy
Council of the Bureau of Medicine and Surgery of the Navy
regarding restructuring the graduate medical education
program of the Department of the Navy. The study shall
specifically address the Council’s recommendations relating
to residency training conducted at Naval Medical Center,
Portsmouth, Virginia, and National Naval Medical Center,
Bethesda, Maryland.
(b) SUBMISSION OF REPORT.—Not later than March
1, 1998, the Comptroller General shall submit to Congress
and the Secretary of the Navy a report containing the re-
sults of the study required by subsection (a).
(c) MORATORIUM ON RESTRUCTURING.—Until the re-
port required by subsection (b) is submitted to Congress,
the Secretary of the Navy may not make any change in
288
the types of residency programs conducted under the Navy
graduate medical education program or the locations at
which such residency programs are conducted or otherwise
restructure the Navy graduate medical education program.
SEC. 746. STUDY OF EXPANSION OF PHARMACEUTICALS BY
MAIL PROGRAM TO INCLUDE ADDITIONAL
MEDICARE-ELIGIBLE 
COVERED 
BENE-
FICIARIES.
Not later than six months after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a report regarding the feasibility and advisability
of expanding the category of persons eligible to participate
in the demonstration project for the purchase of prescrip-
tion pharmaceuticals by mail, as required by section 702(a)
of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 10 U.S.C. 1079 note), to in-
clude persons referred to in section 1086(c) of title 10, Unit-
ed States Code, who are covered by subsection (d)(1) of such
section and reside in the United States outside of the
catchment area of a medical treatment facility of the uni-
formed services.
289
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
Subtitle A—Acquisition Policy
SEC. 801. CASE-BY-CASE WAIVERS OF DOMESTIC SOURCE
LIMITATIONS.
(a) REQUIREMENT FOR CASE-BY-CASE WAIVERS.—
Section 2534(d) of title 10, United States Code, is amended
in the matter appearing before paragraph (1) by striking
out ‘‘waive the limitation in subsection (a) with respect to
the procurement of an item listed in that subsection if the
Secretary determines’’ and inserting in lieu thereof the fol-
lowing: ‘‘waive, on a case-by-case basis, the limitation in
subsection (a) in the case of a specific procurement of an
item listed in that subsection if the Secretary determines,
for that specific procurement,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to contracts entered into
after the expiration of the 30-day period beginning on the
date of the enactment of this Act.
290
SEC. 802. EXPANSION OF AUTHORITY TO ENTER INTO CON-
TRACTS CROSSING FISCAL YEARS TO ALL
SEVERABLE SERVICES CONTRACTS NOT EX-
CEEDING A YEAR.
(a) EXPANDED AUTHORITY.—Section 2410a of title
10, United States Code, is amended to read as follows:
‘‘§ 2410a. Severable services contracts for periods
crossing fiscal years
‘‘(a) AUTHORITY.—The Secretary of Defense or the
Secretary of a military department may enter into a con-
tract for procurement of severable services for a period that
begins in one fiscal year and ends in the next fiscal year
if (without regard to any option to extend the period of
the contract) the contract period does not exceed one year.
‘‘(b) OBLIGATION OF FUNDS.—Funds made available
for a fiscal year may be obligated for the total amount of
a contract entered into under the authority of subsection
(a).’’.
(b) CLERICAL AMENDMENT.—The item relating to that
section in the table of sections at the beginning of chapter
141 of such title is amended to read as follows:
‘‘2410a. Severable services contracts for periods crossing fiscal years.’’.
SEC. 803. CLARIFICATION OF VESTING OF TITLE UNDER
CONTRACTS.
Section 2307 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
291
‘‘(i) VESTING OF TITLE.—If a contract made by the
head of an agency provides for title to property to vest in
the United States, such title shall vest in accordance with
the terms of the contract, regardless of any security interest
in the property asserted by the contractor.’’.
SEC. 804. EXCLUSION OF DISASTER RELIEF, HUMANI-
TARIAN, AND PEACEKEEPING OPERATIONS
FROM 
RESTRICTIONS 
ON 
USE 
OF
UNDEFINITIZED CONTRACT ACTIONS.
Section 2326 of title 10, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) by striking out paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4); and
(2) in subsection (g)(1), by adding at the end the
following new subparagraphs:
‘‘(E) Purchases in support of contingency
operations.
‘‘(F) Purchases in support of humanitarian
or peacekeeping operations, as defined in
2302(7)(B) of this title.
‘‘(G) Purchases in support of emergency
work and other disaster relief operations per-
formed pursuant to the Robert T. Stafford Disas-
292
ter Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).’’.
SEC. 805. LIMITATION AND REPORT ON PAYMENT OF RE-
STRUCTURING COSTS UNDER DEFENSE CON-
TRACTS.
(a) IN GENERAL.—(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2324 the
following new section:
‘‘§ 2325. Restructuring costs
‘‘(a) LIMITATION ON PAYMENT OF RESTRUCTURING
COSTS.—(1) The Secretary of Defense may not pay, under
section 2324 of this title, a defense contractor for restructur-
ing costs associated with a business combination of the con-
tractor unless the Secretary determines in writing either—
‘‘(A) that the amount of savings for the Depart-
ment of Defense associated with the restructuring,
based on audited cost data, will be at least twice the
amount of the costs allowed; or
‘‘(B) that the amount of savings for the Depart-
ment of Defense associated with the restructuring,
based on audited cost data, will exceed the amount of
the costs allowed and that the business combination
will result in the preservation of a critical capability
that otherwise might be lost to the Department.
293
‘‘(2) The Secretary may not delegate the authority to
make a determination under paragraph (1) to an official
of the Department of Defense below the level of an Assistant
Secretary of Defense.
‘‘(b) REPORT.—Not later than March 1 in each of
1998, 1999, 2000, 2001, and 2002, the Secretary of Defense
shall submit to Congress a report containing the following:
‘‘(1) For each defense contractor to which the
Secretary has paid, under section 2324 of this title,
restructuring costs associated with a business com-
bination, a summary of the following:
‘‘(A) The amount of savings for the Depart-
ment of Defense associated with such business
combination that has been realized as of the date
of the report, based on audited cost data.
‘‘(B) An estimate, as of the date of the re-
port, of the amount of savings for the Depart-
ment of Defense associated with such business
combination that is expected to be achieved in
the future.
‘‘(2) An identification of any business combina-
tion for which the Secretary has paid restructuring
costs under section 2324 of this title during the pre-
ceding calendar year and, for each such business com-
bination—
294
‘‘(A) the supporting rationale for allowing
such costs;
‘‘(B) factual information associated with
the determination made under subsection (a)
with respect to such costs; and
‘‘(C) a discussion of whether the business
combination would have proceeded without the
payment of restructuring costs by the Secretary.
‘‘(3) An assessment of the degree of vertical inte-
gration resulting from business combinations of de-
fense contractors and a discussion of the measures
taken by the Secretary of Defense to increase the abil-
ity of the Department of Defense to monitor vertical
integration trends and address any resulting negative
consequences.
‘‘(c) DEFINITION.—In this section, the term ‘business
combination’ includes a merger or acquisition.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2324 the following new item:
‘‘2325. Restructuring costs.’’.
(b) EFFECTIVE DATE.—Section 2325 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply with
respect to business combinations that occur after the date
of the enactment of this Act.
295
(c) REPEAL OF SUPERSEDED PROVISION.—Subsection
(a) of section 818 of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 2324 note) is repealed.
SEC. 806. AUTHORITY RELATING TO PURCHASE OF CERTAIN
VEHICLES.
Section 2253(a)(2) of title 10, United States Code, is
amended by striking out ‘‘$12,000’’ and inserting in lieu
thereof ‘‘$30,000’’.
SEC. 807. MULTIYEAR PROCUREMENT CONTRACTS.
(a) REQUIREMENT FOR AUTHORIZATION BY LAW IN
ACTS OTHER THAN APPROPRIATIONS ACTS.—(1) Sub-
section (i) of section 2306b of title 10, United States Code,
is amended by adding at the end the following new para-
graph:
‘‘(3) In the case of the Department of Defense, a
multiyear contract may not be entered into for any fiscal
year under this section unless the contract is specifically
authorized by law in an Act other than an appropriations
Act.’’.
(2) Paragraph (3) of section 2306b(i) of title 10, Unit-
ed States Code, as added by paragraph (1), shall not apply
with respect to a contract authorized by law before the date
of the enactment of this Act.
(b) 
CODIFICATION
OF
ANNUAL
RECURRING
MULTIYEAR PROCUREMENT REQUIREMENTS.—(1) Such
296
section is further amended by adding at the end the follow-
ing new subsection:
‘‘(l) VARIOUS ADDITIONAL REQUIREMENTS WITH RE-
SPECT TO MULTIYEAR DEFENSE CONTRACTS.—(1)(A) The
head of an agency may not initiate a contract described
in subparagraph (B) unless the congressional defense com-
mittees are notified of the proposed contract at least 30 days
in advance of the award of the proposed contract.
‘‘(B) Subparagraph (A) applies to the following con-
tracts:
‘‘(i) A multiyear contract—
‘‘(I) that employs economic order quantity
procurement in excess of $20,000,000 in any one
year of the contract; or
‘‘(II) that includes an unfunded contingent
liability in excess of $20,000,000.
‘‘(ii) Any contract for advance procurement lead-
ing to a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000
in any one year.
‘‘(2) The head of an agency may not initiate a
multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits
of the Government’s liability.
297
‘‘(3) The head of an agency may not initiate a
multiyear procurement contract for any system (or compo-
nent thereof) if the value of the multiyear contract would
exceed $500,000,000 unless authority for the contract is spe-
cifically provided in an appropriations Act.
‘‘(4) The head of an agency may not terminate a
multiyear procurement contract until 10 days after the date
on which notice of the proposed termination is provided to
the congressional defense committees.
‘‘(5) The execution of multiyear authority shall require
the use of a present value analysis to determine lowest cost
compared to an annual procurement.
‘‘(6) This subsection does not apply to the National
Aeronautics and Space Administration or to the Coast
Guard.
‘‘(7) In this subsection, the term ‘congressional defense
committees’ means the following:
‘‘(A) The Committee on Armed Services of the
Senate and the Subcommittee on Defense of the Com-
mittee on Appropriations of the Senate.
‘‘(B) The Committee on National Security of the
House of Representatives and the Subcommittee on
National Security of the Committee on Appropria-
tions of the House of Representatives.’’.
298
(2) The amendment made by paragraph (1) shall take
effect on October 1, 1998.
(c) TECHNICAL
AND CONFORMING AMENDMENTS.—
Such section is further amended as follows:
(1) Subsection (a) is amended—
(A) by striking out ‘‘finds—’’ in the matter
preceding paragraph (1) and inserting in lieu
thereof ‘‘finds each of the following:’’;
(B) by capitalizing the initial letter of the
first word in each of paragraphs (1) through (6);
(C) by striking out the semicolon at the end
of paragraphs (1) through (4) and inserting in
lieu thereof a period; and
(D) by striking out ‘‘; and’’ at the end of
paragraph (5) and inserting in lieu thereof a pe-
riod.
(2) Subsection (d)(1) is amended by striking out
‘‘paragraph (1)’’ and inserting in lieu thereof ‘‘sub-
section (a)’’.
(3) Subsection (i)(1) is amended by striking
‘‘five-year’’ and inserting in lieu thereof ‘‘future-
years’’.
(4) Subsection (k) is amended by striking out
‘‘subsection’’ and inserting in lieu thereof ‘‘section’’.
299
SEC. 808. DOMESTIC SOURCE LIMITATION AMENDMENTS.
(a) ADDITION OF SHIPBOARD WORK STATIONS.—Sec-
tion 2534(a)(3)(B) of title 10, United States Code, is
amended—
(1) by striking out ‘‘and’’ before ‘‘totally’’; and
(2) by inserting before the period at the end the
following: ‘‘, and shipboard work stations’’.
(b) EXTENSION OF DOMESTIC SOURCE LIMITATION
FOR VALVES AND MACHINE TOOLS.—Section 2534(c)(2)(C)
of such title is amended by striking out ‘‘October 1, 1996’’
and inserting in lieu thereof ‘‘October 1, 2001’’.
SEC. 809. REPEAL OF EXPIRATION OF DOMESTIC SOURCE
LIMITATION FOR CERTAIN NAVAL VESSEL
PROPELLERS.
Section 2534(c) of title 10, United States Code, is
amended by striking out paragraph (4).
Subtitle B—Other Matters
SEC. 821. REPEAL OF CERTAIN ACQUISITION REQUIRE-
MENTS AND REPORTS
(a) REPEAL
OF
REPORTING
REQUIREMENT
FOR
NONMAJOR ACQUISITION PROGRAMS.—Section 2220(b) of
title 10, United States Code, is amended by striking out
‘‘and nonmajor’’.
(b) REPEAL
OF ADDITIONAL DOCUMENTATION RE-
QUIREMENT
FOR COMPETITION EXCEPTION
FOR INTER-
NATIONAL AGREEMENTS.—Section 2304(f) of title 10, Unit-
300
ed States Code, is amended in paragraph (2)(E) by striking
out ‘‘procedures and such document is approved by the com-
petition advocate for the procuring activity.’’ and inserting
in lieu thereof ‘‘procedures.’’.
(c) ELIMINATION OF COMPLETION STATUS REQUIRE-
MENT IN CERTAIN SELECTED ACQUISITION REPORTS.—
Section 2432(h)(2) of title 10, United States Code, is
amended—
(1) by striking out subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F)
as subparagraphs (D) and (E), respectively.
(d) REPEAL OF REQUIREMENT TO ESTABLISH PRO-
CUREMENT COMPETITION GOALS.—Section 913 of the De-
partment of Defense Authorization Act, 1986 (Public Law
99–145; 99 Stat. 687; 10 U.S.C. 2302 note), is repealed.
(e) REPEAL OF ANNUAL REPORT BY ADVOCATES FOR
COMPETITION.—Section 20(b) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 418(b)) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (3)(B);
(2) by striking out paragraph (4); and
(3) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively.
(f) REPEAL OF REVIEW AND REPORT RELATING TO
PROCUREMENT REGULATIONS.—Section 25 of the Office of
301
Federal Procurement Policy Act (41 U.S.C. 421) is amend-
ed—
(1) by striking out paragraphs (4), (5), and (6)
of subsection (c); and
(2) by striking out subsection (g).
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF TEST
AND EVALUATION INSTALLATIONS BY COM-
MERCIAL ENTITIES.
Section 2681(g) of title 10, United States Code, is
amended by striking out ‘‘September 30, 1998’’ and insert-
ing in lieu thereof ‘‘September 30, 2000’’.
SEC. 823. REQUIREMENT TO DEVELOP AND MAINTAIN LIST
OF FIRMS NOT ELIGIBLE FOR DEFENSE CON-
TRACTS.
(a) DEVELOPMENT AND MAINTENANCE OF LIST.—Sec-
tion 2327 of title 10, United States Code, is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) LIST OF FIRMS SUBJECT TO SUBSECTION (b).—
(1) The Secretary of Defense shall develop and maintain
a list of all firms and subsidiaries of firms that have been
subject to the prohibition in subsection (b) since the date
occurring five years before the date of the enactment of the
302
National Defense Authorization Act for Fiscal Year 1998.
The Secretary shall make the list available to the public.
‘‘(2) A firm or subsidiary included on the list main-
tained under paragraph (1) may request the Secretary of
Defense to remove such firm or subsidiary from the list if
its foreign ownership circumstances have significantly
changed. Upon receipt of such request, the Secretary shall
determine if paragraphs (1) and (2) of subsection (b) still
apply to the firm or subsidiary. If the Secretary determines
such paragraphs no longer apply, the Secretary shall re-
move the firm or subsidiary from the list.
‘‘(3) The head of an agency shall provide a copy of
the list maintained under paragraph (1) to each firm or
subsidiary of a firm that submits a bid or proposal in re-
sponse to a solicitation issued by the Department of Defense.
‘‘(4) The head of an agency shall prohibit each firm
or subsidiary of a firm awarded a contract by the agency
from using in the performance of the contract any equip-
ment, parts, or services that are provided by a firm or sub-
sidiary included on the list maintained under paragraph
(1).’’.
(b) REMOVAL FROM LIST.—Section 2327(c)(1)(A) of
such title is amended by inserting after ‘‘United States,’’
the following: ‘‘the Secretary shall remove the firm or sub-
303
sidiary from the list maintained under subsection (d)(1)
and’’.
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND
MANAGEMENT
SEC. 901. LIMITATION ON OPERATION AND SUPPORT
FUNDS FOR THE OFFICE OF THE SECRETARY
OF DEFENSE.
(a) REDUCTION IN FUNDS.—The amount of funds ap-
propriated pursuant to section 301 that are available for
operation and support activities of the Office of the Sec-
retary of Defense may not exceed the amount equal to 80
percent of the amount of funds requested for such purpose
in the budget submitted by the President to Congress under
section 1105 of title 31, United States Code, for fiscal year
1998.
(b) LIMITATION PENDING RECEIPT OF PREVIOUSLY
REQUIRED REPORTS.—Of the amount available for fiscal
year 1998 for operation and support activities of the Office
of the Secretary of Defense (as limited pursuant to sub-
section (a)), not more than 90 percent may be obligated
until each of the following reports has been submitted to
the congressional defense committees:
304
(1) The report required by section 901(c) of the
National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 401).
(2) The report required by section 904(b) of the
National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2619).
SEC. 902. COMPONENTS OF NATIONAL DEFENSE UNIVER-
SITY.
(a) EMPLOYMENT AND COMPENSATION OF CIVILIAN
FACULTY.—Section 1595(d)(2) of title 10, United States
Code, is amended by striking out ‘‘Institute for National
Strategic Study,’’ and inserting in lieu thereof ‘‘Institute
for National Strategic Studies, the Information Resources
Management College,’’.
(b) PREPARATION OF BUDGET REQUESTS.—Section
2162(d)(2) of such title is amended by inserting after ‘‘the
Armed Forces Staff College,’’ the following: ‘‘the Institute
for National Strategic Studies, the Information Resources
Management College,’’.
SEC. 903. AUTHORIZATION FOR THE MARINE CORPS UNI-
VERSITY TO EMPLOY CIVILIAN PROFESSORS.
(a) IN GENERAL.—Subsections (a) and (c) of 7478 of
title 10, United States Code, are amended by striking ‘‘or
at the Marine Corps Command and Staff College’’ and in-
305
serting in lieu thereof ‘‘or at a school of the Marine Corps
University’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 7478. Naval War College and Marine Corps Univer-
sity: civilian faculty members’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 643 of such title is
amended to read as follows:
‘‘7478. Naval War College and Marine Corps University: civilian faculty mem-
bers.’’.
SEC. 904. CENTER FOR THE STUDY OF CHINESE MILITARY
AFFAIRS.
(a) FINDINGS.—The Congress finds the following:
(1) The strategic relationship between the United
States and the People’s Republic of China will be very
important for future peace and security, not only in
the Asia-Pacific region but around the world.
(2) The United States does not view China as an
enemy, nor consider that the coming century nec-
essarily will see a new great power competition be-
tween the two nations.
(3) The end of the Cold War has eliminated what
had been the one fundamental common strategic in-
terest of the United States and China, that of con-
taining the Soviet Union.
306
(4) The rapid economic rise and stated geo-
political ambitions of China will pose challenges that
will require careful management in order to preserve
peace and protect the national security interests of the
United States.
(5) The ability of the Department of Defense,
and the United States Government more generally, to
develop sound security and military strategies is
hampered by a limited understanding of Chinese stra-
tegic goals and military capabilities. The low priority
accorded the study of Chinese strategic and military
affairs within the Government and within the aca-
demic community has contributed to this limited un-
derstanding.
(6) There is a need for a United States national
institute for research and assessment of political, stra-
tegic, and military affairs in the People’s Republic of
China. Such an institute should be capable of provid-
ing analysis for the purpose of shaping United States
military strategy and policy with regard to China
and should be readily accessible to senior leaders
within the Department of Defense, but should main-
tain academic and intellectual independence so that
that analysis is not first shaped by policy.
307
(b) ESTABLISHMENT OF CENTER FOR THE STUDY OF
CHINESE MILITARY AFFAIRS.—(1) Chapter 108 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2165. National Defense University: Center for the
Study of Chinese Military Affairs
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense
shall establish a Center for the Study of Chinese Military
Affairs (hereinafter in this section referred to as the ‘Cen-
ter’) as part of the National Defense University. The Center
shall be organized as an independent institute under the
University.
‘‘(2) The Director of the Center shall be a distinguished
scholar of proven academic, management, and leadership
credentials with a superior record of achievement and pub-
lication regarding Chinese political, strategic, and military
affairs. The Director shall be appointed by the Secretary
of Defense in consultation with the chairman and ranking
minority party member of the Committee on National Secu-
rity of the House of Representatives and the chairman and
ranking minority party member of the Committee on
Armed Services of the Senate.
‘‘(b) MISSION.—The mission of the Center is to study
the national goals and strategic posture of the People’s Re-
public of China and the ability of that nation to develop,
308
field, and deploy an effective military instrument in sup-
port of its national strategic objectives.
‘‘(c) AREAS OF STUDY.—The Center shall conduct re-
search relating to the People’s Republic of China as follows:
‘‘(1) To assess the potential of that nation to act
as a global great power, the Center shall conduct re-
search that considers the policies and capabilities of
that nation in a regional and world-wide context, in-
cluding Central Asia, Southwest Asia, Europe, and
Latin America, as well as the Asia-Pacific region.
‘‘(2) To provide a fuller assessment of the areas
of study referred to in paragraph (1), the Center shall
conduct research on—
‘‘(A) economic trends relative to strategic
goals and military capabilities;
‘‘(B) strengths and weaknesses in the sci-
entific and technological sector; and
‘‘(C) relevant demographic and human re-
source factors on progress in the military sphere.
‘‘(3) The Center shall conduct research on the
armed forces of the People’s Republic of China, taking
into account the character of those armed forces and
their role in Chinese society and economy, the degree
of their technological sophistication, and their organi-
309
zational and doctrinal concepts. That research shall
include inquiry into the following matters:
‘‘(A) Concepts concerning national interests,
objectives, and strategic culture.
‘‘(B) Grand strategy, military strategy,
military operations, and tactics.
‘‘(C) Doctrinal concepts at each of the four
levels specified in subparagraph (B).
‘‘(D) The impact of doctrine on China’s
force structure choices.
‘‘(E) The interaction of doctrine and force
structure at each level to create an integrated
system of military capabilities through procure-
ment, officer education, training, and practice
and other similar factors.
‘‘(d) FACULTY OF THE CENTER.—(1) The core faculty
of the Center should comprise mature scholars capable of
providing diverse perspectives on Chinese political, strate-
gic, and military thought. Center scholars shall demonstrate
the following competencies and capabilities:
‘‘(A) Analysis of national strategy, military
strategy, and doctrine.
‘‘(B) Analysis of force structure and military ca-
pabilities.
‘‘(C) Analysis of—
310
‘‘(i) issues relating to weapons of mass de-
struction, military intelligence, defense econom-
ics, trade, and international economics; and
‘‘(ii) the relationship between those issues
and grand strategy, science and technology, the
sociology of human resources and demography,
and political science.
‘‘(2) A substantial number of Center scholars shall be
competent in the Chinese language. The Center shall include
a core of junior scholars capable of providing linguistics
and translation support to the Center.
‘‘(e) ACTIVITIES OF THE CENTER.—The activities of
the Center shall include other elements appropriate to its
mission, including the following:
‘‘(1) The Center should include an active con-
ference program with an international reach.
‘‘(2) The Center should conduct an international
competition for a Visiting Fellowship in Chinese
Military Affairs and Chinese Security Issues. The
term of the fellowship should be for one year, renew-
able for a second. The visitor should contract to
produce a major publication in the visitor’s area of
expertise.
‘‘(3) The Center shall provide funds to support
at least one trip per analyst per year to China and
311
the region and to support visits of Chinese military
leaders to the Center.
‘‘(4) The Center shall support well defined, dis-
tinguished, signature publications.
‘‘(5) Center scholars shall have appropriate ac-
cess to intelligence community assessments of Chinese
military affairs.
‘‘(f) STUDIES AND REPORTS.—The Director may con-
tract for studies and reports from the private sector to sup-
plement the work of the Center.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2165. National Defense University: Center for the Study of Chinese Military Af-
fairs.’’.
(c) IMPLEMENTATION REPORT.—Not later than Janu-
ary 1, 1998, the Secretary of Defense shall submit to Con-
gress a report stating the timetable and organizational plan
for establishing the Center for the Study of Chinese Military
Affairs under section 2165 of title 10, United States Code,
as added by subsection (b).
(d) STARTUP OF CENTER.—The Secretary shall estab-
lish the Center for the Study of Chinese Military Affairs
under section 2165 of title 10, United States Code, as added
by subsection (b), not later than March 1, 1998, and shall
appoint the first Director of the Center not later than June
1, 1998.
312
(e) FIRST YEAR FUNDING.—Of the amount available
to the Secretary of Defense for fiscal year 1998 for Defense-
wide operation and maintenance (other than funds other-
wise available for the activities of the National Defense Uni-
versity), the Secretary shall make $5,000,000 available for
the Center for the Study of Chinese Military Affairs estab-
lished under section 2165 of title 10, United States Code,
as added by subsection (b).
SEC. 905. WHITE HOUSE COMMUNICATIONS AGENCY.
Of the amount appropriated pursuant to section 301
for operation and maintenance for fiscal year 1998, not
more than $55,000,000 may be made available for the White
House Communications Agency.
SEC. 906. REVISION TO REQUIRED FREQUENCY FOR PROVI-
SION OF POLICY GUIDANCE FOR CONTIN-
GENCY PLANS.
Section 113(g)(2) of title 10, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘annu-
ally’’; and
(2) in the second sentence, by inserting ‘‘be pro-
vided every two years or more frequently as needed
and shall’’ after ‘‘Such guidance shall’’.
313
SEC. 907. TERMINATION OF THE DEFENSE AIRBORNE RE-
CONNAISSANCE OFFICE.
(a) TERMINATION
OF
OFFICE.—The organization
within the Department of Defense known as the Defense
Airborne Reconnaissance Office is terminated. No funds
available for the Department of Defense may be used for
the operation of that Office after the date specified in sub-
section (d).
(b) TRANSFER OF FUNCTIONS.—(1) Subject to para-
graphs (2) and (3), the Secretary of Defense shall transfer
to the Defense Intelligence Agency the functions that were
performed on the day before the date of the enactment this
Act by the Defense Airborne Reconnaissance Office relating
to its responsibilities for management oversight and coordi-
nation of defense airborne reconnaissance capabilities.
(2) The Secretary shall determine which functions are
appropriate for transfer under paragraph (1). In making
such determination, the Secretary shall ensure that pro-
gram management, development and acquisition, oper-
ations, and related responsibilities for individual programs
within the Defense Airborne Reconnaissance program re-
main within the military departments.
(3) Any functions transferred under this subsection
shall be subject to the authority, direction, and control of
the Secretary.
314
(c) REPORT.—(1) Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the committees named in paragraph (2) a report
containing the Secretary’s plan for terminating and trans-
ferring the functions of the Defense Airborne Reconnais-
sance Office.
(2) The committees referred to in paragraph (1) are—
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intel-
ligence and the Committee on National Security of
the House of Representatives.
(d) EFFECTIVE DATE.—Subsection (a) shall take effect
at the end of the 120-day period beginning on the date of
the enactment of this Act.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)
Upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary
may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year
1998 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
315
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Sec-
retary of Defense may transfer under the authority of this
section may not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(d) NOTICE
TO
CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under sub-
section (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on National Security of
the House of Representatives to accompany the bill H.R.
316
1119 of the One Hundred Fifth Congress and transmitted
to the President is hereby incorporated into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS
OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
quirements as are set out for that program, project, or activ-
ity in the Classified Annex.
(d) DISTRIBUTION
OF
CLASSIFIED
ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 1003. AUTHORITY FOR OBLIGATION OF UNAUTHOR-
IZED FISCAL YEAR 1997 DEFENSE APPROPRIA-
TIONS.
(a) AUTHORITY.—The amounts described in subsection
(b) may be obligated and expended for programs, projects,
and activities of the Department of Defense in accordance
with fiscal year 1997 defense appropriations.
317
(b) COVERED AMOUNTS.—The amounts referred to in
subsection (a) are the amounts provided for programs,
projects, and activities of the Department of Defense in fis-
cal year 1997 defense appropriations that are in excess of
the amounts provided for such programs, projects, and ac-
tivities in fiscal year 1997 defense authorizations.
(c) DEFINITIONS.—For the purposes of this section:
(1) FISCAL
YEAR
1997
DEFENSE
APPROPRIA-
TIONS.—The term ‘‘fiscal year 1997 defense appro-
priations’’ means amounts appropriated or otherwise
made available to the Department of Defense for fiscal
year 1997 in the Department of Defense Appropria-
tions Act, 1997 (as contained in section 101(b) of
Public Law 104–208).
(2) FISCAL
YEAR
1997
DEFENSE
AUTHORIZA-
TIONS.—The term ‘‘fiscal year 1997 defense author-
izations’’ means amounts authorized to be appro-
priated for the Department of Defense for fiscal year
1997 in the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201).
SEC. 1004. AUTHORIZATION OF SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 1997.
Amounts authorized to be appropriated to the Depart-
ment of Defense for fiscal year 1997 in the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–
318
201) are hereby adjusted, with respect to any such author-
ized amount, by the amount by which appropriations pur-
suant to such authorization were increased (by a supple-
mental appropriation) or decreased (by a rescission), or
both, in the 1997 Emergency Supplemental Appropriations
Act for Recovery from Natural Disasters, and for Overseas
Peacekeeping Efforts, Including Those in Bosnia.
SEC. 1005. INCREASE IN FISCAL YEAR 1996 TRANSFER AU-
THORITY.
Section 1001(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104–106; 100
Stat. 2630) is amended by striking out ‘‘$2,000,000,000’’
and inserting in lieu thereof ‘‘$3,100,000,000’’.
SEC. 1006. FISHER HOUSE TRUST FUNDS.
Section 2221(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(5) There is hereby authorized to be appropriated for
any fiscal year from a trust fund specified in subsection
(a) any amount referred to in paragraph (1), (2), or (3)
(as applicable to that trust fund), such amount to be avail-
able only for the purposes stated in that paragraph. With
respect to any such amount, the preceding sentence is the
specific authorization by law required by section 1321(b)(2)
of title 31.’’.
319
SEC. 1007. FLEXIBILITY IN FINANCING CLOSURE OF CER-
TAIN OUTSTANDING CONTRACTS FOR WHICH
A SMALL FINAL PAYMENT IS DUE.
(a) CLOSURE
OF OUTSTANDING CONTRACTS.—The
Secretary of Defense may make the final payment on a con-
tract to which this section applies from the account estab-
lished pursuant to subsection (d).
(b) COVERED CONTRACTS.—This section applies to
any contract of the Department of Defense—
(1) that was entered into before December 5,
1990; and
(2) for which an unobligated balance of an ap-
propriation that had been initially applied to the
contract was canceled before December 5, 1990, pursu-
ant to section 1552 of title 31, United States Code,
as in effect before that date.
(c) AUTHORITY LIMITED
TO SMALL FINAL PAY-
MENTS.—The Secretary may use the authority provided by
this section only for a contract for which the amount of
the final payment due is not greater than the micro-pur-
chase threshold (as defined in section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428)).
(d) ACCOUNT.—The Secretary may establish an ac-
count for the purposes of this section. The Secretary may
from time to time transfer into the account, from funds
available to the Department of Defense for procurement or
320
for research, development, test, and evaluation, such
amounts as the Secretary determines to be needed for the
purposes of the account, except that no such transfer may
be made that would result in the balance of the account
exceeding $1,000,000. Amounts in the account may be used
only for the purposes of this section.
(e) CLOSURE OF ACCOUNT.—When the Secretary deter-
mines that all contracts to which this section applies have
been closed and there is no further need for the account es-
tablished under subsection (d), the Secretary shall close the
account. Any amounts remaining in the account shall be
covered into the Treasury as miscellaneous receipts.
Subtitle B—Naval Vessels and
Shipyards
SEC. 1021. RELATIONSHIP OF CERTAIN LAWS TO DISPOSAL
OF VESSELS FOR EXPORT FROM THE NAVAL
VESSEL REGISTER AND THE NATIONAL DE-
FENSE RESERVE FLEET.
(a) NAVAL VESSEL REGISTER.—(1) Section 7305 of
title 10, United States Code, is amended by adding at the
end the following:
‘‘(e) RELATIONSHIP TO TOXIC SUBSTANCES CONTROL
ACT.—(1) Subject to paragraph (2), the sale of a vessel
under this section for export, or any subsequent resale of
a vessel sold under this section for export—
321
‘‘(A) is not a disposal or a distribution in com-
merce under section 6 or 12(a) of the Toxic Sub-
stances Control Act (15 U.S.C. 2605 and 2611(a)) or
an export of hazardous waste under section 3017 of
the Solid Waste Disposal Act (42 U.S.C. 6938); and
‘‘(B) is not subject to section 12(b) of the Toxic
Substances Control Act (15 U.S.C. 2611(b)).
‘‘(2)(A) Paragraph (1) applies to a vessel being sold
for export only if, before the sale of such vessel, any item
listed in subparagraph (B) containing polychlorinated
biphenyls is removed from the vessel.
‘‘(B) Subparagraph (A) covers any transformer, large
high or low voltage capacitor, or hydraulic or heat transfer
fluid.’’.
(2) Section 7306a of such title is amended—
(A) in the heading, by adding at the end the fol-
lowing: ‘‘or operational training’’;
(B) in subsection (a), by inserting ‘‘or oper-
ational training’’ after ‘‘purposes’’; and
(C) by adding at the end the following:
‘‘(c) RELATIONSHIP TO OTHER LAWS.—The sinking of
a vessel for an experimental purpose or for operational
training pursuant to subsection (a) is not—
322
‘‘(1) a disposal or a distribution in commerce
under section 6 or 12(a) of the Toxic Substances Con-
trol Act (15 U.S.C. 2605 and 2611(a)); or
‘‘(2) the transport of material for the purpose of
dumping it into ocean waters, or the dumping of ma-
terial transported from a location outside the United
States, under section 101 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C.
1411).’’.
(b) NATIONAL DEFENSE RESERVE FLEET.—(1) Sec-
tion 510(i) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1160(i)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(i)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2)(A) Subject to subparagraph (B), the sale under
this subsection of a vessel from the National Defense Reserve
Fleet for export, or any subsequent resale of a vessel sold
from the Fleet for export—
‘‘(i) is not a disposal or a distribution in com-
merce under section 6 or 12(a) of the Toxic Sub-
stances Control Act (15 U.S.C. 2605 and 2611(a)) or
an export of hazardous waste under section 3017 of
the Solid Waste Disposal Act (42 U.S.C. 6938); and
323
‘‘(ii) is not subject to subsection (b) of section 12
of the Toxic Substances Control Act (15 U.S.C. 2611).
‘‘(B)(i) Subparagraph (A) applies to a vessel being
sold for export only if, before the sale of such vessel, any
item listed in clause (ii) containing polychlorinated
biphenyls is removed from the vessel.
‘‘(ii) Clause (i) covers any transformer, large high or
low voltage capacitor, or hydraulic or heat transfer fluid.’’.
(2) Section 6 of the National Maritime Heritage Act
of 1994 (Public Law 103–451; 108 Stat. 4776; 16 U.S.C.
5405) is amended—
(A) in subsections (a)(1) and (b)(2)—
(i) by inserting ‘‘or 510(i)’’ after ‘‘508’’;
and
(ii) by inserting ‘‘or 1160(i)’’ after ‘‘1158’’;
and
(B) in subsection (c)(1)(A), by striking out
‘‘1999’’ and inserting in lieu thereof ‘‘2001’’.
SEC. 1022. AUTHORITY TO ENTER INTO A LONG-TERM CHAR-
TER FOR A VESSEL IN SUPPORT OF THE SUR-
VEILLANCE 
TOWED-ARRAY 
SENSOR
(SURTASS) PROGRAM.
The Secretary of the Navy is authorized to enter into
a contract in accordance with section 2401 of title 10, Unit-
ed States Code, for the charter, for a period through fiscal
324
year 2003, of the vessel RV CORY CHOUEST (United
States official number 933435) in support of the Surveil-
lance Towed-Array Sensor (SURTASS) program.
SEC. 1023. TRANSFER OF TWO SPECIFIED OBSOLETE TUG-
BOATS OF THE ARMY.
(a) AUTHORITY TO TRANSFER VESSELS.—The Sec-
retary of the Army may transfer the two obsolete tugboats
of the Army described in subsection (b) to the Brownsville
Navigation District, Brownsville, Texas.
(b) VESSELS COVERED.—Subsection (a) applies to the
following two decommissioned tugboats of the Army, each
of which is listed as of the date of the enactment of this
Act as being surplus to the needs of the Army: the Nor-
mandy (LT–1971) and the Salerno (LT–1953).
(c) TRANSFERS TO BE
AT NO COST
TO UNITED
STATES.—A transfer authorized by this section shall be
made at no cost to the United States.
(d) TERMS AND CONDITIONS.—The Secretary may re-
quire such additional terms and conditions in connection
with the transfers authorized by this section as the Sec-
retary considers appropriate.
SEC. 1024. NAMING OF A DDG–51 CLASS DESTROYER THE
U.S.S. THOMAS F. CONNOLLY.
It is the sense of Congress that the Secretary of the
Navy should name a guided missile destroyer of the DDG–
325
51 class the U.S.S. Thomas F. Connolly, in honor of Vice
Admiral Thomas F. Connolly (1909–1996), of the State of
Minnesota, who during an active-duty naval career extend-
ing from 1933 to 1971 became a leading architect of the
modern United States Navy .
SEC. 1025. CONGRESSIONAL REVIEW PERIOD WITH RE-
SPECT TO TRANSFER OF THE EX-U.S.S. MID-
WAY (CV–41).
In applying section 7306 of title 10, United States
Code, with respect to the transfer of the decommissioned air-
craft carrier ex-U.S.S. MIDWAY (CV–41), subsection
(d)(1)(B) of that section shall be applied by substituting
‘‘30 calendar days’’ for ‘‘60 days of continuous session of
Congress’’.
Subtitle C—Counter-Drug Activities
SEC. 1031. PROHIBITION ON USE OF NATIONAL GUARD FOR
CIVIL-MILITARY ACTIVITIES UNDER STATE
DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES PLAN.
Section 112 of title 32, United States Code, is amend-
ed—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
326
‘‘(g) PROHIBITION ON CERTAIN CIVIL-MILITARY AC-
TIVITIES.—Funds provided under this section may not be
used to conduct activities, including community-outreach
programs, designed to reduce the demand for illegal drugs
among persons who are not members of the National Guard
or their dependents.’’.
Subtitle D—Miscellaneous Report
Requirements and Repeals
SEC. 1041. REPEAL OF MISCELLANEOUS OBSOLETE RE-
PORTS REQUIRED BY PRIOR DEFENSE AU-
THORIZATION ACTS.
(a) REPORT ON REMOVAL OF BASIC POINT DEFENSE
MISSILE SYSTEM FROM NAVAL AMPHIBIOUS VESSELS.—
Section 1437 of the Department of Defense Authorization
Act, 1986 (Public Law 99–145; 99 Stat. 757), is repealed.
(b) REPORT
CONCERNING
THE
STRETCHOUT
OF
MAJOR DEFENSE ACQUISITION PROGRAMS.—Section 117 of
the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100–456; 102 Stat. 1933), is repealed.
(c) REPORT CONCERNING THE B–2 AIRCRAFT PRO-
GRAM.—Section 115 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1373) is repealed.
327
SEC. 1042. REPEAL OF ANNUAL REPORT REQUIREMENT RE-
LATING TO TRAINING OF SPECIAL OPER-
ATIONS FORCES WITH FRIENDLY FOREIGN
FORCES.
Section 2011 of title 10, United States Code, is amend-
ed by striking out subsection (e).
Subtitle E—Other Matters
SEC. 1051. AUTHORITY FOR SPECIAL AGENTS OF THE DE-
FENSE CRIMINAL INVESTIGATIVE SERVICE
TO EXECUTE WARRANTS AND MAKE ARRESTS.
(a) AUTHORITY.—Chapter 81 of title 10, United States
Code, is amended by inserting after section 1585 the follow-
ing new section:
‘‘§ 1585a. Special agents of the Defense Criminal In-
vestigative Service: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of Defense may au-
thorize any DCIS special agent—
‘‘(1) to execute and serve any warrant or other
process issued under the authority of the United
States; and
‘‘(2) to make arrests without a warrant—
‘‘(A) for any offense against the United
States committed in the presence of that agent;
and
328
‘‘(B) for any felony cognizable under the
laws of the United States if the agent has prob-
able cause to believe that the person to be ar-
rested has committed or is committing the felony.
‘‘(b) ATTORNEY GENERAL GUIDELINES.—Authority of
a DCIS special agent under subsection (a) may be exercised
only in accordance with guidelines approved by the Attor-
ney General.
‘‘(c) DCIS SPECIAL AGENT DEFINED.—In this section,
the term ‘DCIS special agent’ means an employee of the
Department of Defense who is a special agent of the Defense
Criminal Investigative Service (or any successor to that
service).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1585 the following new item:
‘‘1585a. Special agents of the Defense Criminal Investigative Service: authority
to execute warrants and make arrests.’’.
SEC. 1052. STUDY OF INVESTIGATIVE PRACTICES OF MILI-
TARY CRIMINAL INVESTIGATIVE ORGANIZA-
TIONS RELATING TO SEX CRIMES.
(a) INDEPENDENT STUDY REQUIRED.—(1) The Sec-
retary of Defense shall provide for an independent study
of the policies, procedures, and practices of the military
criminal investigative organizations for the conduct of in-
329
vestigations 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 con-
ducted 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 organi-
zation carrying out the study.
(b) MATTERS TO BE INCLUDED IN STUDY.—The Sec-
retary shall require that the organization conducting the
study under this section specifically consider each of the fol-
lowing matters:
(1) The need (if any) for greater organizational
independence and autonomy for the military criminal
investigative organizations than exists under current
chain-of-command structures within the military de-
partments.
(2) The authority of each of the military crimi-
nal investigative organizations to investigate allega-
tions of sex crimes and other criminal sexual mis-
conduct 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)
330
provided by each of those organizations to agents or
prospective agents responsible for conducting or pro-
viding 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 Fed-
eral Bureau of Investigation and other civilian
law enforcement agencies; and
(B) the coordination of training and inves-
tigative policies related to alleged sex crimes and
other criminal sexual misconduct of each of those
organizations with the Federal Bureau of Inves-
tigation and other civilian Federal law enforce-
ment agencies.
(4) The procedures and relevant professional
standards of each military criminal investigative or-
ganization with regard to recruitment and hiring of
agents, including an evaluation of the extent to which
those procedures and standards provide for—
(A) sufficient screening of prospective agents
based on background investigations; and
(B) obtaining sufficient information about
the qualifications and relevant experience of pro-
spective agents.
331
(5) The advantages and disadvantages of estab-
lishing, within each of the military criminal inves-
tigative organizations or within the Defense Criminal
Investigative Service only, of a special unit for the in-
vestigation of alleged sex crimes and other criminal
sexual misconduct.
(6) The clarity of guidance for, and consistency
of investigative tactics used by, each of the military
criminal investigative organizations for the investiga-
tion 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 mis-
conduct in the investigation of sex crimes and other
criminal sexual misconduct for each of those organi-
zations, together with a comparison with the number
of such allegations concerning agents of the Federal
Bureau of Investigation and other civilian law en-
forcement agencies for such investigations.
(8) The procedures of each of the military crimi-
nal investigative organizations for administrative
identification (known as ‘‘titling’’) of persons sus-
pected of committing sex crimes or other criminal sex-
332
ual misconduct, together with a comparison with the
comparable procedures of the Federal Bureau of In-
vestigation and other civilian Federal law enforce-
ment 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 inves-
tigative organizations to the National Crime Informa-
tion Center maintained by the Department of Justice.
(10) Any recommendation for legislation or ad-
ministrative action to revise the organizational or
operational arrangements of the military criminal in-
vestigative 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 re-
quire the organization conducting the study under this sec-
tion 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 find-
ings and conclusions concerning each of the matters speci-
fied in subsection (b).
(2) The Secretary shall submit the report under para-
graph (1), together with the Secretary’s comments on the
333
report, to Congress not later than 30 days after the date
on which the report is submitted to the Secretary under
paragraph (1).
(d) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
TION 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 Investiga-
tions.
(4) The Defense Criminal Investigative Service.
(e) CRIMINAL SEXUAL MISCONDUCT DEFINED.—For
the purposes of this section, the term ‘‘criminal sexual mis-
conduct’’ means conduct by a member of the Armed Forces
involving sexual abuse, sexual harassment, or other sexual
misconduct that constitutes an offense under the Uniform
Code of Military Justice.
SEC. 1053. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, Unit-
ed 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
334
item relating to chapter 23 and inserting in lieu
thereof ‘‘481’’.
(2) The tables of chapters at the beginning of
subtitle A, and at the beginning of part IV of subtitle
A, are each amended by striking out ‘‘2540’’ in the
item relating to chapter 152 and inserting in lieu
thereof ‘‘2541’’.
(3) Section 116(b)(2) is amended by striking out
‘‘such subsection’’ and inserting in lieu thereof ‘‘sub-
section (a)’’.
(4) Section 129c(e) is amended by striking out
‘‘section 115a(g)(2)’’ and inserting in lieu thereof
‘‘section 115a(e)(2)’’.
(5) Section 382(g) is amended by striking out
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997’’ and insert-
ing in lieu thereof ‘‘September 23, 1996’’.
(6) The table of sections at the beginning of sub-
chapter I of chapter 21 is amended by striking out the
items relating to sections 424 and 425 and inserting
in lieu thereof the following:
‘‘424. Disclosure of organizational and personnel information: exemption for De-
fense Intelligence Agency, National Reconnaissance Office, and
National Imagery and Mapping Agency.’’.
(7) Section 445 is amended—
(A) by striking out ‘‘(1)’’ before ‘‘Except
with’’;
335
(B) by redesignating subparagraphs (A),
(B), and (C) as paragraphs (1), (2), and (3), re-
spectively;
(C) by striking out ‘‘(2)’’ before ‘‘Whenever
it appears’’ and inserting in lieu thereof ‘‘(b) IN-
JUNCTIVE RELIEF.—’’; and
(D) by striking out ‘‘paragraph (1)’’ and
inserting in lieu thereof ‘‘subsection (a)’’.
(8) Section 858b 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’’.
(9) Section 943(c) is amended—
(A) in the third sentence, by striking out
‘‘such positions’’ and inserting in lieu thereof
‘‘positions referred to in the preceding sen-
tences’’; and
(B) by capitalizing the initial letter of the
third word of the subsection heading.
(10) Section 954 is amended by striking out
‘‘this’’ and inserting in lieu thereof ‘‘his’’.
(11) 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 mat-
336
ter preceding paragraph (1) and inserting in lieu
thereof ‘‘February 10, 1996’’.
(12) Section 976(f) is amended by striking out
‘‘shall,’’ and all that follows and inserting in lieu
thereof ‘‘shall be fined under title 18 or imprisoned
not more than 5 years, or both, except that, in the
case of an organization (as defined in section 18 of
such title), the fine shall not be less than $25,000.’’.
(13) Section 977 is amended—
(A) in subsection (c), by striking out ‘‘Be-
ginning on October 1, 1996, not more than’’ and
inserting in lieu thereof ‘‘Not more than’’; and
(B) in subsection (d)(2), by striking out
‘‘before October 1, 1996,’’ and all that follows
through ‘‘so assigned’’ the second place it ap-
pears.
(14) Section 1129(c) is amended—
(A) by striking out ‘‘the date of the enact-
ment of this section,’’ and inserting in lieu there-
of ‘‘November 30, 1993,’’; and
(B) by striking out ‘‘before the date of the
enactment of this section or’’ and inserting in
lieu thereof ‘‘before such date or’’.
337
(15) Section 1151(b) is amended by striking out
‘‘WITH’’ in the subsection heading and inserting in
lieu thereof ‘‘WITH’’.
(16) Section 1152(g) is amended by inserting
‘‘(1)’’ before ‘‘The Secretary may’’.
(17) Section 1408(d) is amended—
(A) by striking out ‘‘TO’’ in the subsection
heading and inserting in lieu thereof ‘‘TO’’; and
(B) by redesignating the second paragraph
(6) as paragraph (7).
(18) Section 1599c(c)(1)(F) is amended by strik-
ing out ‘‘Sections 106(f)’’ and inserting in lieu thereof
‘‘Sections 106(e)’’.
(19) Section 1763 is amended—
(A) by striking out ‘‘On and after October
1, 1993, the Secretary of Defense’’ and inserting
in lieu thereof ‘‘The Secretary of Defense’’; and
(B) by striking out ‘‘secretaries’’ and insert-
ing in lieu thereof ‘‘Secretaries’’.
(20) Section 2010(e) is repealed.
(21) Section 2208(k) is repealed.
(22)(A) Section 2306(h) is amended by inserting
‘‘for the purchase of property’’ after ‘‘Multiyear con-
tracting authority’’.
338
(B)(i) The heading of section 2306b is amended
to read as follows:
‘‘§ 2306b. Multiyear contracts: acquisition of prop-
erty’’.
(ii) The item relating to such section in the table
of sections at the beginning of chapter 137 of such
title is amended to read as follows:
‘‘2306b. Multiyear contracts: acquisition of property.’’.
(23) Section 2306b(k) is amended by striking out
‘‘this subsection’’ in the first sentence and inserting in
lieu thereof ‘‘this section’’.
(24) Section 2315(a) is amended by striking out
‘‘the Information Technology Management Reform
Act of 1996’’ and inserting in lieu thereof ‘‘division
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401
et seq.)’’.
(25) Section 2371a is amended by inserting ‘‘De-
fense’’ before ‘‘Advanced Research Projects Agency’’.
(26) Section 2401a(a) is amended by striking
out ‘‘leasing of such vehicles’’ and inserting in lieu
thereof ‘‘such leasing’’.
(27) Section 2466(e) is repealed.
(28) Section 2684(b) is amended by striking out
‘‘, United States Code,’’.
(29) Section 2885 is amended by striking out
‘‘five years after the date of the enactment of the Na-
339
tional Defense Authorization Act for Fiscal Year
1996’’ and inserting in lieu thereof ‘‘on February 10,
2001’’.
(30) Section 12733(3) is amended—
(A) by inserting a comma after ‘‘(B)’’; and
(B) by striking out ‘‘the date of the enact-
ment of the National Defense Authorization Act
for Fiscal Year 1997’’ and inserting in lieu
thereof ‘‘September 23, 1996,’’.
(b) TITLE 37, UNITED STATES CODE.—Section 205(d)
of title 37, United States Code, is amended by striking out
the period after ‘‘August 1, 1979’’ and inserting in lieu
thereof a comma.
(c) PUBLIC LAW 104–201.—Effective as of September
23, 1996, and as if included therein as enacted, the Na-
tional Defense Authorization Act for Fiscal Year 1997 (Pub-
lic Law 104–201) is amended as follows:
(1) Section 367 (110 Stat. 2496) is amended—
(A) in subsection (a), by striking out ‘‘Sub-
chapter II of chapter’’ and inserting in lieu
thereof ‘‘Chapter’’; and
(B) in subsection (b), by striking out ‘‘sub-
chapter’’ and inserting in lieu thereof ‘‘chapter’’.
340
(2) Section 614(b)(2)(B) (110 Stat. 2544) is
amended by striking out ‘‘the period’’ and inserting
in lieu thereof ‘‘the semicolon’’.
(3) Section 802(1) (110 Stat. 2604) is amended
by striking out ‘‘1995’’ in the first quoted matter
therein and inserting in lieu thereof ‘‘1996’’.
(4) Section 829(c) (110 Stat. 2612) is amend-
ed—
(A) in paragraph (2), by striking out ‘‘Sec-
tion 2502(b)’’ and inserting in lieu thereof ‘‘Sec-
tion 2502(c)’’; and
(B) by redesignating paragraph (3) as sub-
paragraph (C) of paragraph (2).
(d) OTHER
ANNUAL
DEFENSE
AUTHORIZATION
ACTS.—
(1) of The National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106) is
amended as follows:
(A) Section 533(b) (110 Stat. 315) is
amended by inserting before the period at the
end the following: ‘‘and the amendments made by
subsection (b), effective as of October 5, 1994’’.
(B) Section 1501(d)(1) (110 Stat. 500) is
amended by striking out ‘‘337(b)’’ and ‘‘2717’’
341
and inserting in lieu thereof ‘‘377(b)’’ and
‘‘2737’’, respectively.
(2) Section 845 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160; 10 U.S.C. 2371 note) is amended—
(A) in subsection (a), by inserting ‘‘De-
fense’’ before ‘‘Advanced’’; and
(B) in the section heading, by inserting
‘‘DEFENSE’’ after the third word.
(3) The National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484) is amended
as follows:
(A) Section 812(c) (10 U.S.C. 1723 note) is
amended by inserting ‘‘and Technology’’ after
‘‘for Acquisition’’.
(B) Subsection (e) of section 4471 (10
U.S.C. 2501 note) is amended—
(i) by realigning that subsection so as
to be flush to the margin; and
(ii) by capitalizing the initial letter of
the third word of the subsection heading.
(4) Section 807(b)(2)(A) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102–190; 10 U.S.C. 2320 note) is
342
amended by inserting before the period the following:
‘‘and Technology’’.
(5) The National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510) is amended
as follows:
(A) Section 1205 (10 U.S.C. 1746 note) is
amended by striking out ‘‘Under Secretary of
Defense for Acquisition’’ each place it appears
and inserting in lieu thereof ‘‘Under Secretary of
Defense for Acquisition and Technology’’.
(B) Section 2921 (10 U.S.C. 2687 note) is
amended—
(i) in subsection (e)(3)(B), by striking
out ‘‘Subcommittees’’ and inserting in lieu
thereof ‘‘Subcommittee’’; and
(ii) in subsection (f)(2), by striking out
‘‘the Committees on Armed Services of the
Senate and House of Representatives’’ and
inserting in lieu thereof ‘‘the Committee on
Armed Services of the Senate and the Com-
mittee on National Security of the House of
Representatives’’.
(6) Section 1121(c) of the National Defense Au-
thorization Act for Fiscal Years 1988 and 1989 (Pub-
lic Law 100–180; 10 U.S.C. 113 note) is amended by
343
striking out ‘‘under this section—’’ and all that fol-
low through ‘‘fiscal year 1990’’ and inserting in lieu
thereof ‘‘under this section may not exceed 5,000 dur-
ing any fiscal year’’.
(d) TITLE 5, UNITED STATES CODE.—Title 5, United
States Code, is amended as follows:
(1) Section 3329(b) is amended by striking out
‘‘a position described in subsection (c)’’ the second
place it appears.
(2) Section 5315 is amended—
(A) in the item relating to the Chief Infor-
mation Officer of the Department of the Interior,
by inserting ‘‘the’’ before ‘‘Interior’’; and
(B) in the item relating to the Chief Infor-
mation Officer of the Department of the Treas-
ury, by inserting ‘‘the’’ before ‘‘Treasury’’.
(3) 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’’.
(e) ACQUISITION POLICY STATUTES.—
(1) Section 309 of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 259) is
amended by striking out ‘‘and’’ at the end of sub-
section (b)(2).
344
(2) The Office of Federal Procurement Policy Act
is amended as follows:
(A) The item relating to section 27 in the
table of contents in section 1 is amended to read
as follows:
‘‘Sec. 27. Restrictions on disclosing and obtaining contractor bid or proposal in-
formation or source selection information.’’.
(B) Section 6(d) (41 U.S.C. 405(d)) is
amended—
(i) by striking out the period at the
end of paragraph (5)(J) and inserting in
lieu thereof a semicolon;
(ii) by moving paragraph (6) two ems
to the left; and
(iii) in paragraph (12), by striking out
‘‘small business’’ and inserting in lieu
thereof ‘‘small businesses’’.
(C) Section 35(b)(2) (41 U.S.C. 431(b)(2))
is amended by striking out ‘‘commercial’’ and
inserting in lieu thereof ‘‘commercially avail-
able’’.
(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.
345
(4) Subsections (d)(1) and (e) of section 16 of the
Small Business Act (15 U.S.C. 645) are each amend-
ed by striking out ‘‘concerns’’ and inserting in lieu
thereof ‘‘concern’’.
(f) 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. 1054. DISPLAY OF POW/MIA FLAG.
(a) REQUIRED DISPLAY.—The POW/MIA flag shall be
displayed at the locations specified in subsection (c) each
year on POW/MIA flag display days. Such display shall
serve (1) as the symbol of the Nation’s concern and commit-
ment to achieving the fullest possible accounting of Ameri-
cans who, having been prisoners of war or missing in ac-
tion, still remain unaccounted for, and (2) as the symbol
of the Nation’s commitment to achieving the fullest possible
accounting for Americans who in the future may become
prisoners of war, missing in action, or otherwise unac-
counted for as a result of hostile action.
(b) DAYS FOR FLAG DISPLAY.—(1) For purposes of
this section, POW/MIA flag display days are the following:
(A) Armed Forces Day, the third Saturday in
May.
346
(B) Memorial Day, the last Monday in May.
(C) Flag Day, June 14.
(D) Independence Day, July 4.
(E) National POW/MIA Recognition Day.
(F) Veterans Day, November 11.
(2) In the case of display at United States Postal Serv-
ice post offices (required by subsection (c)(8)), POW/MIA
flag display days in any year include, in addition to the
days specified in paragraph (1), the last business day before
each such day that itself is not a business day.
(c) LOCATIONS FOR FLAG DISPLAY.—The locations for
the display of the POW/MIA flag under this section are the
following:
(1) The Capitol.
(2) The White House.
(3) The Korean War Veterans Memorial and the
Vietnam Veterans Memorial.
(4) Each national cemetery.
(5) The buildings containing the primary offices
of—
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Veterans Affairs; and
(D) the Director of the Selective Service
System.
347
(6) Each major military installation, as des-
ignated by the Secretary of Defense.
(7) Each Department of Veterans Affairs medical
center.
(8) Each United States Postal Service post office.
(d) COORDINATION WITH OTHER DISPLAY REQUIRE-
MENT.—Display of the POW/MIA flag at the Capitol pursu-
ant to paragraph (1) of subsection (c) is in addition to the
display of that flag in the Rotunda of the Capitol required
by Senate Concurrent Resolution 5 of the 101st Congress,
agreed to on February 22, 1989 (103 Stat. 2533).
(e) REQUIREMENTS CONCERNING DISPLAY AT SPECI-
FIED LOCATIONS.—(1) Display of the POW/MIA flag at the
buildings specified in paragraphs (1), (2), (5), and (7) of
subsection (c) shall be on, or on the grounds of, each such
building.
(2) Display of that flag pursuant to paragraph (5) of
subsection (c) at the buildings containing the primary of-
fices of the officials specified in that paragraph shall be in
an area visible to the public.
(3) Display of that flag at United States Postal Service
post offices pursuant to paragraph (8) of subsection (c) shall
be on the grounds or in the public lobby of each such post
office.
348
(f) POW/MIA FLAG DEFINED.—As used in this sec-
tion, the term ‘‘POW/MIA flag’’ means the National League
of Families POW/MIA flag recognized officially and des-
ignated by section 2 of Public Law 101–355 (36 U.S.C.
189).
(g) REGULATIONS
FOR IMPLEMENTATION.—Within
180 days after the date of the enactment of this Act, the
head of each department, agency, or other establishment re-
sponsible for a location specified in subsection (c) (other
than the Capitol) shall prescribe such regulations as nec-
essary to carry out this section.
(h) PROCUREMENT AND DISTRIBUTION OF FLAGS.—
Within 30 days after the date of the enactment of this Act,
the Administrator of General Services shall procure POW/
MIA flags and distribute them as necessary to carry out
this section.
(i) REPEAL OF PRIOR LAW.—Section 1084 of Public
Law 102–190 (36 U.S.C. 189 note) is repealed.
SEC. 1055. CERTIFICATION REQUIRED BEFORE OBSERV-
ANCE OF MORATORIUM ON USE BY ARMED
FORCES OF ANTIPERSONNEL LANDMINES.
Any moratorium imposed by law (whether enacted be-
fore, on, or after the date of the enactment of this Act) on
the use of antipersonnel landmines by the Armed Forces
may be implemented only if (and after) the Secretary of
349
Defense, after consultation with the Chairman of the Joint
Chiefs of Staff, certifies to Congress that—
(1) the moratorium will not adversely affect the
ability of United States forces to defend against at-
tack on land by hostile forces; and
(2) the Armed Forces have systems that are effec-
tive substitutes for antipersonnel landmines.
SEC. 1056. PROTECTION OF SAFETY-RELATED INFORMA-
TION VOLUNTARILY PROVIDED BY AIR CAR-
RIERS.
(a) AUTHORITY TO PROTECT INFORMATION.—Section
2640 of title 10, United States Code, is amended—
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the following
new subsection:
‘‘(h) AUTHORITY TO PROTECT SAFETY-RELATED IN-
FORMATION VOLUNTARILY PROVIDED
BY AN AIR CAR-
RIER.—(1) In any case in which an air carrier voluntarily
provides safety-related information to the Secretary for pur-
poses of this section, the Secretary may (notwithstanding
any other provision of law) withhold the information from
public disclosure if the Secretary determines that—
350
‘‘(A) disclosure of the information would inhibit
the air carrier from voluntarily providing safety-re-
lated information to the Secretary; and
‘‘(B) the information would aid—
‘‘(i) the Secretary in carrying out his re-
sponsibilities under this section; or
‘‘(ii) the head of another agency in carrying
out the safety responsibilities of the agency.
‘‘(2) If the Secretary provides to the head of another
agency safety-related information described in paragraph
(1) with respect to which the Secretary has made a deter-
mination described in that paragraph, the head of that
agency shall (notwithstanding any other provision of law)
withhold the information from public disclosure.’’.
(b) APPLICABILITY.—Subsection (h) of section 2640 of
title 10, United States Code, as added by subsection (a),
shall apply with respect to requests for information made
on or after the date of the enactment of this Act.
SEC. 1057. NATIONAL GUARD CHALLENGE PROGRAM TO
CREATE 
OPPORTUNITIES 
FOR 
CIVILIAN
YOUTH.
(a) PROGRAM AUTHORITY.—Chapter 5 of title 32,
United States Code, is amended by adding at the end the
following new section:
351
‘‘§ 509. National Guard Challenge Program of oppor-
tunities for civilian youth
‘‘(a) PROGRAM AUTHORITY AND PURPOSE.—The Sec-
retary of Defense, acting through the Chief of the National
Guard Bureau, may conduct a National Guard civilian
youth opportunities program (to be known as the ‘National
Guard Challenge Program’) to use the National Guard to
provide military-based training, including supervised work
experience in community service and conservation projects,
to civilian youth who cease to attend secondary school before
graduating so as to improve the life skills and employment
potential of such youth.
‘‘(b) CONDUCT OF THE PROGRAM.—The Secretary of
Defense shall provide for the conduct of the National Guard
Challenge Program in such States as the Secretary consid-
ers to be appropriate, except that Federal expenditures
under the program may not exceed $50,000,000 for any fis-
cal year.
‘‘(c) PROGRAM AGREEMENTS.—(1) To carry out the
National Guard Challenge Program in a State, the Sec-
retary of Defense shall enter into an agreement with the
Governor of the State or, in the case of the District of Co-
lumbia, with the commanding general of the District of Co-
lumbia National Guard, under which the Governor or the
commanding general will establish, organize, and admin-
ister the National Guard Challenge Program in the State.
352
‘‘(2) The agreement may provide for the Secretary to
provide funds to the State for civilian personnel costs at-
tributable to the use of civilian employees of the National
Guard in the conduct of the National Guard Challenge Pro-
gram.
‘‘(d) MATCHING FUNDS REQUIRED.—The amount of
assistance provided under this section to a State program
of the National Guard Challenge Program may not ex-
ceed—
‘‘(1) for fiscal year 1998, 75 percent of the costs
of operating the State program during that year;
‘‘(2) for fiscal year 1999, 70 percent of the costs
of operating the State program during that year;
‘‘(3) for fiscal year 2000, 65 percent of the costs
of operating the State program during that year; and
‘‘(4) for fiscal year 2001 and each subsequent fis-
cal year, 60 percent of the costs of operating the State
program during that year.
‘‘(e) PERSONS ELIGIBLE TO PARTICIPATE IN PRO-
GRAM.—A school dropout from secondary school shall be eli-
gible to participate in the National Guard Challenge Pro-
gram. The Secretary of Defense shall prescribe the stand-
ards and procedures for selecting participants from among
school dropouts.
353
‘‘(f) AUTHORIZED BENEFITS FOR PARTICIPANTS.—(1)
To the extent provided in an agreement entered into in ac-
cordance with subsection (c) and subject to the approval of
the Secretary of Defense, a person selected for training in
the National Guard Challenge Program may receive the fol-
lowing benefits in connection with that training:
‘‘(A) Allowances for travel expenses, personal ex-
penses, and other expenses.
‘‘(B) Quarters.
‘‘(C) Subsistence.
‘‘(D) Transportation.
‘‘(E) Equipment.
‘‘(F) Clothing.
‘‘(G) Recreational services and supplies.
‘‘(H) Other services.
‘‘(I) Subject to paragraph (2), a temporary sti-
pend upon the successful completion of the training,
as characterized in accordance with procedures pro-
vided in the agreement.
‘‘(2) In the case of a person selected for training in
the National Guard Challenge Program who afterwards be-
comes a member of the Civilian Community Corps under
subtitle E of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12611 et seq.), the person may not
receive a temporary stipend under paragraph (1)(I) while
354
the person is a member of that Corps. The person may re-
ceive the temporary stipend after completing service in the
Corps unless the person elects to receive benefits provided
under subsection (f) or (g) of section 158 of such Act (42
U.S.C. 12618).
‘‘(g) PROGRAM PERSONNEL.—(1) Personnel of the Na-
tional Guard of a State in which the National Guard Chal-
lenge Program is conducted may serve on full-time National
Guard duty for the purpose of providing command, admin-
istrative, training, or supporting services for the program.
For the performance of those services, any such personnel
may be ordered to duty under section 502(f) of this title
for not longer than the period of the program.
‘‘(2) A Governor participating in the National Guard
Challenge Program and the commanding general of the Dis-
trict of Columbia National Guard (if the District of Colum-
bia National Guard is participating in the program) may
procure by contract the temporary full time services of such
civilian personnel as may be necessary to augment National
Guard personnel in carrying out the National Guard Chal-
lenge Program in that State.
‘‘(3) Civilian employees of the National Guard per-
forming services for the National Guard Challenge Program
and contractor personnel performing such services may be
required, when appropriate to achieve the purposes of the
355
program, to be members of the National Guard and to wear
the military uniform.
‘‘(h) EQUIPMENT AND FACILITIES.—(1) Equipment
and facilities of the National Guard, including military
property of the United States issued to the National Guard,
may be used in carrying out the National Guard Challenge
Program.
‘‘(2) Activities under the National Guard Challenge
Program shall be considered noncombat activities of the Na-
tional Guard for purposes of section 710 of this title.
‘‘(i) STATUS OF PARTICIPANTS.—(1) A person receiv-
ing training under the National Guard Challenge Program
shall be considered an employee of the United States for
the purposes of the following provisions of law:
‘‘(A) Subchapter I of chapter 81 of title 5 (relat-
ing to compensation of Federal employees for work in-
juries).
‘‘(B) Section 1346(b) and chapter 171 of title 28
and any other provision of law relating to the liabil-
ity of the United States for tortious conduct of em-
ployees of the United States.
‘‘(2) In the application of the provisions of law re-
ferred to in paragraph (1)(A) to a person referred to in
paragraph (1)—
356
‘‘(A) the person shall not be considered to be in
the performance of duty while the person is not at the
assigned location of training or other activity or duty
authorized in accordance with a program agreement
referred to in subsection (c), except when the person
is traveling to or from that location or is on pass
from that training or other activity or duty;
‘‘(B) the person’s monthly rate of pay shall be
deemed to be the minimum rate of pay provided for
grade GS–2 of the General Schedule under section
5332 of title 5; and
‘‘(C) the entitlement of a person to receive com-
pensation for a disability shall begin on the day fol-
lowing the date on which the person’s participation
in the National Guard Challenge Program is termi-
nated.
‘‘(3) A person referred to in paragraph (1) may not
be considered an employee of the United States for any pur-
pose other than a purpose set forth in that paragraph.
‘‘(j) SUPPLEMENTAL RESOURCES.—(1) To carry out
the National Guard Challenge Program in a State, the Gov-
ernor of the State or, in the case of the District of Columbia,
the commanding general of the District of Columbia Na-
tional Guard may supplement funds made available under
the program out of other resources (including gifts) avail-
357
able to the Governor or the commanding general. The Gov-
ernor or the commanding general may accept, use, and dis-
pose of gifts or donations of money, other property, or serv-
ices for the National Guard Challenge Program.
‘‘(k) REPORT.—Within 90 days after the end of each
fiscal year, the Secretary of Defense shall submit to Con-
gress a report on the design, conduct, and effectiveness of
the National Guard Challenge Program during the preced-
ing fiscal year. In preparing the report, the Secretary shall
coordinate with the Governor of each State in which the
National Guard Challenge Program is carried out and, if
the program is carried out in the District of Columbia, with
the commanding general of the District of Columbia Na-
tional Guard.
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the Common-
wealth of Puerto Rico, the territories, and the District
of Columbia.
‘‘(2) The term ‘school dropout’ means an indi-
vidual who is no longer attending any school and who
has not received a secondary school diploma or a cer-
tificate from a program of equivalency for such a di-
ploma.’’.
358
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘509. National Guard Challenge Program of opportunities for civilian youth.’’.
SEC. 1058. LEASE OF NON-EXCESS PERSONAL PROPERTY OF
THE MILITARY DEPARTMENTS.
(a) RECEIPT OF FAIR MARKET VALUE.—Subsection
(b)(4) of section 2667 of title 10, United States Code, is
amended by striking out ‘‘, in the case of the lease of real
property,’’.
(b) COMPETITIVE SELECTION.—Such section is further
amended—
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g)(1) If a proposed lease under subsection (a) in-
volves only personal property, the lease term exceeds one
year, and the fair market value of the lease interest exceeds
$100,000, as determined by the Secretary concerned, the
Secretary shall use competitive procedures to select the les-
see.
‘‘(2) Not later than 45 days before entering into a lease
referred to in paragraph (1), the Secretary concerned shall
submit to Congress written notice describing the terms of
359
the proposed lease and the competitive procedures used to
select the lessee.’’.
SEC. 1059. COMMENDATION OF MEMBERS OF THE ARMED
FORCES AND GOVERNMENT CIVILIAN PER-
SONNEL WHO SERVED DURING THE COLD
WAR.
(a) FINDINGS.—The Congress finds the following:
(1) During the period of the Cold War, from the
end of World War II until the collapse of the Soviet
Union in 1991, the United States and the Soviet
Union engaged in a global military rivalry.
(2) This rivalry, potentially the most dangerous
military confrontation in the history of mankind, has
come to a close without a direct superpower military
conflict.
(3) Military and civilian personnel of the De-
partment of Defense, personnel in the intelligence
community, members of the foreign service, and other
officers and employees of the United States faithfully
performed their duties during the Cold War.
(4) Many such personnel performed their duties
while isolated from family and friends and served
overseas under frequently arduous conditions in order
to protect the United States and achieve a lasting
peace.
360
(5) The discipline and dedication of those per-
sonnel were fundamental to the prevention of a super-
power military conflict.
(b) CONGRESSIONAL COMMENDATION.—The Congress
hereby commends, and expresses its gratitude and apprecia-
tion for, the service and sacrifices of the members of the
Armed Forces and civilian personnel of the Government
who contributed to the historic victory in the Cold War.
TITLE 
XI—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF FORMER SOVIET
UNION
SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS.
(a) IN GENERAL.—For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in subsection (b) of
section 406 of title 10, United States Code, as added by
section 1110.
(b) FISCAL YEAR 1998 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 1998 Cooperative Threat Reduction funds’’ means
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs.
361
SEC. 1102. FISCAL YEAR 1998 FUNDING ALLOCATIONS.
(a) IN GENERAL.—Of the fiscal year 1998 Cooperative
Threat Reduction funds, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $77,900,000.
(2) For strategic nuclear arms elimination in
Ukraine, $76,700,000.
(3) For fissile material containers in Russia,
$7,000,000.
(4) For planning and design of a chemical weap-
ons destruction facility in Russia, $14,400,000.
(5) For planning, design, and construction of a
storage 
facility 
for 
Russian 
fissile 
material,
$57,700,000.
(6) For weapons storage security in Russia,
$23,500,000.
(7) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine,
and Kazakhstan, $7,000,000.
(8) For military-to-military programs of the
United States that focus on countering the threat of
proliferation of weapons of mass destruction and that
include the security forces of the independent states of
the former Soviet Union other than Russia, Ukraine,
Belarus, and Kazakstan, $2,000,000.
362
(9) For activities designated as Other Assess-
ments/Administrative Support $18,500,000.
(b) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL
AMOUNTS.—(1) If the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
retary may, subject to paragraph (2), obligate amounts for
the purposes stated in any of the paragraphs of subsection
(a) in excess of the amount specified for those purposes in
that paragraph, but not in excess of 115 percent of that
amount. However, the total amount obligated for the pur-
poses stated in the paragraphs in subsection (a) may not
by reason of the use of the authority provided in the preced-
ing sentence exceed the sum of the amounts specified in
those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount speci-
fied in that paragraph may be made using the authority
provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
363
SEC. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.
(a) IN GENERAL.—No fiscal year 1998 Cooperative
Threat Reduction funds, and no funds appropriated for Co-
operative Threat Reduction programs for any prior fiscal
year and remaining available for obligation, may be obli-
gated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environ-
mental restoration.
(4) Provision of assistance to promote job re-
training.
(b) LIMITATION WITH RESPECT TO DEFENSE CONVER-
SION ASSISTANCE.—None of the funds appropriated pursu-
ant to this Act or any other Act may be obligated or ex-
pended for the provision of assistance to Russia or any
other state of the former Soviet Union to promote defense
conversion.
SEC. 1104. PROHIBITION ON USE OF FUNDS UNTIL SPECI-
FIED REPORTS ARE SUBMITTED.
No fiscal year 1998 Cooperative Threat Reduction
funds may be obligated or expended until 15 days after the
date that is the latest of the following:
364
(1) The date on which the President submits to
Congress the determinations required under subsection
(c) of section 211 of Public Law 102–228 (22 U.S.C.
2551 note) with respect to any certification transmit-
ted to Congress under subsection (b) of that section
during the period beginning on September 23, 1996,
and ending on the date of the enactment of this Act.
(2) The date on which the Secretary of Defense
submits to Congress the annual report required to be
submitted not later than January 31, 1998, under
section 1206(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 471; 22 U.S.C. 5955 note).
(3) The date on which the Secretary of Defense
submits to Congress the report for fiscal year 1997 re-
quired under section 1205(c) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2883; 22 U.S.C. 5952 note).
SEC. 1105. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF CERTIFICATION.
(a) LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF CERTIFICATION.—No fiscal year 1998 Cooperative
Threat Reduction funds may be obligated or expended for
strategic offensive arms elimination projects in Russia re-
lated to the START II Treaty (as defined in section 1302(d)
365
of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2701)) until 30 days
after the date on which the President submits to Congress
a certification in writing that—
(1) implementation of the projects would benefit
the national security interest of the United States;
and
(2) Russia has agreed to share the cost for the
projects.
(b) REPORT.—Not later than 15 days after the date
that the President submits to Congress the certification
under subsection (a), the Secretary of Defense shall submit
to the congressional defense committees a report describing
the arrangement between the United States and Russia with
respect to the sharing of costs for strategic offensive arms
elimination projects in Russia related to the START II
Treaty.
SEC. 1106. USE OF FUNDS FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITY.
(a) LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF NOTIFICATIONS TO CONGRESS.—No fiscal year
1998 Cooperative Threat Reduction funds may be obligated
or expended for planning and design of a chemical weapons
destruction facility until 15 days after the date that is the
later of the following:
366
(1) The date on which the Secretary of Defense
submits to Congress notification of an agreement be-
tween the United States and Russia with respect to
such chemical weapons destruction facility that in-
cludes—
(A) an agreement providing for a limitation
on the financial contribution by the United
States for the facility;
(B) an agreement that the United States
will not pay the costs for infrastructure deter-
mined by Russia to be necessary to support the
facility; and
(C) an agreement on the site of the facility.
(2) The date on which the Secretary of Defense
submits to Congress notification that the Government
of Russia has formally approved a plan—
(A) that allows for the destruction of chemi-
cal weapons in Russia; and
(B) that commits Russia to pay a portion
of the cost for the facility.
(b) PROHIBITION ON USE OF FUNDS FOR FACILITY
CONSTRUCTION.—No fiscal year 1998 Cooperative Threat
Reduction funds authorized to be obligated in section
1102(a)(4) for planning and design of a chemical weapons
367
destruction facility in Russia may be used for construction
of such facility.
SEC. 1107. LIMITATION ON USE OF FUNDS FOR STORAGE
FACILITY FOR RUSSIAN FISSILE MATERIAL.
(a) LIMITATION
ON USE
OF FISCAL YEAR 1998
FUNDS.—No fiscal year 1998 Cooperative Threat Reduction
funds may be obligated or expended for planning, design,
or construction of a storage facility for Russian fissile mate-
rial until 15 days after the date that is the later of the
following:
(1) The date on which the Secretary of Defense
submits to Congress notification of an agreement be-
tween the United States and Russia that the total
share of the cost to the United States for such facility
will not exceed $275,000,000.
(2) The date on which the Secretary submits to
Congress notification of an agreement between the
United States and Russia incorporating the principle
of transparency with respect to the use of the facility.
(b) LIMITATION ON USE OF FUNDS FOR FISCAL YEARS
BEFORE FISCAL YEAR 1998.—None of the funds appro-
priated for Cooperative Threat Reduction programs for a
fiscal year before fiscal year 1998 and remaining available
for obligation on the date of the enactment of this Act may
368
be obligated or expended for planning, design, or construc-
tion of a storage facility for Russian fissile material until—
(1) the Secretary of Defense submits to the con-
gressional defense committees a report on the costs
and schedule for the planning, design, and construc-
tion of the facility and transparency issues relating
to the facility; and
(2) 15 days have elapsed following the date of the
notification.
SEC. 1108. LIMITATION ON USE OF FUNDS FOR WEAPONS
STORAGE SECURITY.
No fiscal year 1998 Cooperative Threat Reduction
funds may be obligated or expended for weapons storage se-
curity in Russia until—
(1) the Secretary of Defense submits to the con-
gressional defense committees notification of an agree-
ment between the United States and Russia on audits
and examinations with respect to weapons storage se-
curity; and
(2) 15 days have elapsed following the date of the
notification.
369
SEC. 1109. REPORT TO CONGRESS ON ISSUES REGARDING
PAYMENT OF TAXES OR DUTIES ON ASSIST-
ANCE PROVIDED TO RUSSIA UNDER COOPER-
ATIVE THREAT REDUCTION PROGRAMS.
Not later than September 30, 1997, the Secretary of
Defense shall submit to Congress a report on—
(1) any disputes between the United States and
Russia with respect to payment by the United States
of taxes or duties on assistance provided to Russia
under a Cooperative Threat Reduction program, in-
cluding a description of the nature of each dispute,
the amount of payment disputed, whether the dispute
was resolved, and if the dispute was resolved, the
means by which the dispute was resolved;
(2) the actions taken by the Secretary to prevent
disputes between the United States and Russia with
respect to payment by the United States of taxes or
duties on assistance provided to Russia under a Co-
operative Threat Reduction program;
(3) any agreements between the United States
and Russia with respect to payment by the United
States of taxes or duties on assistance provided to
Russia under a Cooperative Threat Reduction pro-
gram; and
(4) any proposals of the Secretary on actions
that should be taken to prevent disputes between the
370
United States and Russia with respect to payment
by the United States of taxes or duties on assistance
provided to Russia under a Cooperative Threat Re-
duction program.
SEC. 1110. LIMITATION ON OBLIGATION OF FUNDS FOR A
SPECIFIED PERIOD.
(a) IN GENERAL.—(1) Chapter 20 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 406. Use of Cooperative Threat Reduction program
funds: limitation
‘‘(a) IN GENERAL.—In carrying out Cooperative
Threat Reduction programs during any fiscal year, the Sec-
retary of Defense may use funds appropriated for those pro-
grams only to the extent that those funds were appropriated
for that fiscal year or for either of the two preceding fiscal
years.
‘‘(b) DEFINITION OF COOPERATIVE THREAT REDUC-
TION PROGRAMS.—In this section, the term ‘Cooperative
Threat Reduction programs’ means the following programs
with respect to states of the former Soviet Union:
‘‘(1) Programs to facilitate the elimination, and
the safe and secure transportation and storage, of nu-
clear, chemical, and other weapons and their delivery
vehicles.
371
‘‘(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the elimi-
nation of nuclear weapons.
‘‘(3) Programs to prevent the proliferation of
weapons, components, and weapons-related technology
and expertise.
‘‘(4) Programs to expand military-to-military
and defense contacts.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘406. Use of Cooperative Threat Reduction program funds: limitation.’’.
(b) EFFECTIVE DATE.—Section 406 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to fiscal years beginning with fiscal year 1998.
SEC. 1111. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Re-
duction programs shall be available for obligation for three
fiscal years.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. REPORTS TO CONGRESS RELATING TO UNITED
STATES FORCES IN BOSNIA.
(a) SECRETARY
OF DEFENSE REPORTS
ON NON-
MILITARY
TASKS
CARRIED
OUT
BY
UNITED
STATES
FORCES.—(1) The Secretary of Defense shall submit to the
372
congressional defense committees two reports identifying
each activity being carried out, as of the date of the report,
by covered United States forces in Bosnia that is an activ-
ity that (as determined by the Secretary) is expected to be
performed by an international or local civilian organiza-
tion once the multinational peacekeeping mission in Bosnia
is concluded.
(2) For purposes of this paragraph, covered United
States forces in Bosnia are United States ground forces in
the Republic of Bosnia and Herzegovina that are assigned
to the multinational peacekeeping force known as the Sta-
bilization Force (SFOR) or to any other multinational
peacekeeping force that is a successor to the Stabilization
Force.
(3) The Secretary shall include in each report under
paragraph (1), for each activity identified in that para-
graph, the following:
(A) The number of United States military per-
sonnel involved.
(B) Whether forces assigned to the SFOR (or
successor multinational force) from other nations also
participated in that activity.
(C) The justification for using military forces
rather than civilian organizations to perform that ac-
tivity.
373
(4) The first report under paragraph (1) shall be sub-
mitted not later than December 1, 1997. The second such
report shall be submitted not later than March 31, 1998.
(b) PRESIDENTIAL REPORT ON POLITICAL AND MILI-
TARY CONDITIONS IN BOSNIA.—(1) Not later than Decem-
ber 15, 1997, the President shall submit to Congress a report
on the political and military conditions in the Republic of
Bosnia and Herzegovina (hereafter in this section referred
to as Bosnia-Herzegovina). Of the funds available to the
Secretary of Defense for fiscal year 1998 for the operation
of United States ground forces in Bosnia-Herzegovina dur-
ing that fiscal year, no more than 60 percent may be ex-
pended before the report is submitted.
(2) The report under paragraph (1) shall include a
discussion of the following:
(A) The date on which the transition from the
multinational force known as the Stabilization Force
to the planned multinational successor force to be
known as the Deterrence Force will occur and how the
decision as to that date will impact the estimates of
costs associated with the operation of United States
ground forces in Bosnia-Herzegovina during fiscal
year 1998 as contained in the President’s budget for
fiscal year 1998.
374
(B) The military and political considerations
that will affect the decision to carry out such a tran-
sition.
(C) The incremental, per-month cost increases
the Department of Defense resulting from a decision
to delay the transition from the Stabilization Force to
the Deterrence Force.
(D) The unresolved political, economic, and mili-
tary issues within Bosnia-Herzegovina that may af-
fect the estimate of the Secretary of the costs of com-
plete withdrawal of United States forces from Bosnia-
Herzegovina, the timeframe for force reductions for
such withdrawal, and the timing of complete with-
drawal of United States forces from Bosnia-
Herzegovina.
(E) A detailed explanation and timetable for
carrying out the President’s commitment to withdraw
all United States ground forces from Bosnia-
Herzegovina by the end of June 1998, including the
planned date of commencement and completion of the
withdrawal.
(F) Any plan to maintain or expand other
Bosnia-related operations (such as the operation des-
ignated as Operation Deliberate Guard) if tensions in
Bosnia-Herzegovina remain sufficient to delay the
375
transition from the Stabilization Force to the Deter-
rence Force and the estimated cost associated with
each such operation.
(G) Whether allied nations participating in the
Bosnia mission have similar plans to increase and
maintain troop strength or maintain ground forces in
Bosnia-Herzegovina and, if so, the identity of each
such country and a description of that country’s
plans.
(3) As used in this subsection, the term ‘‘Stabilization
Force’’ (referred to as ‘‘SFOR’’) means the follow-on force
to the Implementation Force (known as ‘‘IFOR’’) in the Re-
public of Bosnia and Herzegovina and other countries in
the region, authorized under United Nations Security
Council Resolution 1008 (December 12, 1996).
SEC. 
1202. 
ONE-YEAR 
EXTENSION 
OF
COUNTERPROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Con-
trol Act of 1992 (title XV of Public Law 102–484; 22 U.S.C.
5859a) is amended—
(1) in subsection (d)(3), by striking out ‘‘or’’
after ‘‘fiscal year 1996,’’ and by inserting ‘‘, or
$15,000,000 for fiscal year 1998’’ before the period at
the end; and
376
(2) in subsection (f), by striking out ‘‘1997’’ and
inserting in lieu thereof ‘‘1998’’.
SEC. 1203. REPORT ON FUTURE MILITARY CAPABILITIES
AND STRATEGY OF THE PEOPLE’S REPUBLIC
OF CHINA.
(a) REPORT.—The Secretary of Defense shall prepare
a report, in both classified and unclassified form, on the
future pattern of military modernization of the People’s Re-
public of China. The report shall address the probable
course of military-technological development in the People’s
Liberation Army and the development of Chinese grand
strategy, security strategy, and military strategy, and of
military organizations and operational concepts, through
2015.
(b) MATTERS TO BE INCLUDED.—The report shall in-
clude analyses and forecasts of the following:
(1) The goals of Chinese grand strategy, security
strategy, and military strategy.
(2) Trends in Chinese political grand strategy
meant to establish the People’s Republic of China as
the leading political power in the Asia-Pacific region
and as a political and military presence in other re-
gions of the world, including Central Asia, Southwest
Asia, Europe, and Latin America.
377
(3) Developments in Chinese military doctrine,
focusing on (but not limited to) efforts to exploit the
emerging Revolution in Military Affairs or to conduct
preemptive strikes.
(4) Efforts by the People’s Republic of China to
develop long-range air-to-air or air defense missiles
designed to target special support aircraft such as
Airborne Warning and Control System (AWACS) air-
craft, Joint Surveillance and Target Attack Radar
System (JSTARS) aircraft, or other command and
control, intelligence, airborne early warning, or elec-
tronic warfare aircraft.
(5) Efforts by the People’s Republic of China to
develop a capability to conduct ‘‘information war-
fare’’ at the strategic, operational, and tactical levels
of war.
(6) Efforts by the People’s Republic of China to
develop a capability to establish control of space or to
deny access and use of military and commercial space
systems in times of crisis or war, including programs
to place weapons in space or to develop earth-based
weapons capable of attacking space-based systems.
(7) Trends that would lead the People’s Republic
of China toward the development of advanced intel-
ligence, surveillance, and reconnaissance capabilities,
378
including gaining access to commercial or third-party
systems with military significance.
(8) Efforts by the People’s Republic of China to
develop highly accurate and stealthy ballistic and
cruise missiles, including sea-launched cruise missiles,
particularly in numbers sufficient to conduct attacks
capable of overwhelming projected defense capabilities
in the Asia-Pacific region.
(9) Development by the People’s Republic of
China of command and control networks, particularly
those capable of battle management of long-range pre-
cision strikes.
(10) Programs of the People’s Republic of China
involving unmanned aerial vehicles, particularly
those with extended ranges or loitering times or po-
tential strike capabilities.
(11) Exploitation by the People’s Republic of
China for military purposes of the Global Positioning
System or other similar systems (including commer-
cial land surveillance satellites), with such analysis
and forecasts focusing particularly on those signs in-
dicative of an attempt to increase accuracy of weap-
ons or situational awareness of operating forces.
(12) Development by the People’s Republic of
China of capabilities for denial of sea control, includ-
379
ing such systems as advanced sea mines, improved
submarine capabilities, or land-based sea-denial sys-
tems.
(13) Continued development by the People’s Re-
public of China of follow-on forces, particularly forces
capable of rapid air or amphibious assault.
(c) SUBMISSION OF REPORT.—The report shall be sub-
mitted to Congress not later than March 15, 1998.
SEC. 1204. TEMPORARY USE OF GENERAL PURPOSE VEHI-
CLES AND NONLETHAL MILITARY EQUIPMENT
UNDER ACQUISITION AND CROSS SERVICING
AGREEMENTS.
Section 2350(1) of title 10, United States Code, is
amended by striking out ‘‘other items’’ in the second sen-
tence and all that follows through ‘‘United States Munitions
List’’ and inserting in lieu thereof ‘‘other nonlethal items
of military equipment which are not designated as signifi-
cant military equipment on the United States Munitions
List promulgated’’.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 1998’’.
380
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Army: Inside the United States
State
Installation or Location
Amount
Arizona ......................................
Fort Huachuca .....................................
$20,000,000
California ..................................
Fort Irwin ............................................
$11,150,000
Naval Weapons Station, Concord .......
$23,000,000
Colorado ....................................
Fort Carson ..........................................
$47,300,000
Georgia ......................................
Fort Gordon ..........................................
$22,000,000
Hunter Army Air Field, Fort Stewart
$54,000,000
Hawaii ......................................
Schofield Barracks ...............................
$44,000,000
Indiana .....................................
Crane Army Ammunition Activity ....
$7,700,000
Kansas .......................................
Fort Leavenworth .................................
$63,000,000
Fort Riley .............................................
$25,800,000
Kentucky ...................................
Fort Campbell ......................................
$43,700,000
Fort Knox .............................................
$7,200,000
Missouri ....................................
Fort Leonard Wood ..............................
$3,200,000
New Jersey ................................
Fort Monmouth ....................................
$2,050,000
New Mexico ...............................
White Sands Missile Range .................
$6,900,000
New York ...................................
Fort Drum ............................................
$24,400,000
North Carolina .........................
Fort Bragg ............................................
$61,900,000
Oklahoma ..................................
Fort Sill ................................................
$25,000,000
South Carolina .........................
Fort Jackson .........................................
$5,400,000
Naval Weapons Station, Charleston ...
$7,700,000
Texas .........................................
Fort Bliss ..............................................
$7,700,000
Fort Hood .............................................
$27,200,000
Fort Sam Houston ...............................
$16,000,000
Virginia .....................................
Fort A.P. Hill .......................................
$5,400,000
Fort Myer .............................................
$8,200,000
Fort Story .............................................
$2,050,000
Washington ...............................
Fort Lewis ............................................
$33,000,000
CONUS Classified ....................
Classified Location ...............................
$6,500,000
Total .........................................
$614,900,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army may
381
acquire real property and carry out military construction
projects for the locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or Location
Amount
Germany ...................................
Ansbach .................................................
$22,000,000
Heidelberg .............................................
$8,800,000
Mannheim .............................................
$6,200,000
Military 
Support 
Group,
Kaiserslautern ..................................
$6,000,000
Korea .........................................
Camp Casey ..........................................
$5,100,000
Camp Castle .........................................
$8,400,000
Camp Humphreys ................................
$32,000,000
Camp Red Cloud ..................................
$23,600,000
Camp Stanley .......................................
$7,000,000
Overseas Classified ...................
Overseas Classified ...............................
$37,000,000
Total .........................................
$156,100,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Army: Family Housing
State
Installation or Location
Purpose
Amount
Arizona ............................
Fort Huachuca ...............
55 Units ...........
$8,000,000
Hawaii ............................
Schofield Barracks .........
132 Units .........
$26,600,000
Maryland ........................
Fort George Meade .........
56 Units ...........
$7,900,000
New Jersey ......................
Picatinny Arsenal ..........
35 Units ...........
$7,300,000
North Carolina ...............
Fort Bragg ......................
174 Units .........
$20,150,000
Texas ...............................
Fort Bliss ........................
91 Units ...........
$12,900,000
Fort Hood .......................
130 Units .........
$18,800,000
Total .....
$103,950,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may carry
382
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement of family housing units in an amount not to
exceed $9,550,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in sections 2104(a)(5)(A), the
Secretary of the Army may improve existing military fam-
ily housing units in an amount not to exceed $89,200,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Army in the total amount of $2,055,364,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$425,850,000.
(2) For the military construction projects outside
the United States authorized by section 2101(b),
$162,600,000.
383
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $6,000,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $71,577,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $200,400,000.
(B) For support of military family housing
(including the functions described in section
2833 
of 
title 
10, 
United 
States 
Code),
$1,148,937,000.
(6) For the construction of the National Range
Control Center, White Sands Missile Range, New
Mexico, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104–201; 110 Stat. 2763),
$18,000,000.
(7) For the construction of the whole barracks
complex renewal, Fort Knox, Kentucky, authorized by
section 2101(a) of the Military Construction Author-
ization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2763), $22,000,000.
384
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $14,400,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
the Force XXI Soldier Development School at Fort
Hood, Texas);
(3) $24,000,000 (the balance of the amount au-
thorized under section 2101(a) for rail yard expan-
sion at Fort Carson, Colorado);
(4) $43,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a disciplinary barracks at Fort Leavenworth, Kan-
sas);
(5) $36,500,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a barracks at Hunter Army Airfield, Fort Stewart,
Georgia);
385
(6) $44,200,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a barracks at Fort Bragg, North Carolina); and
(7) $17,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a barracks at Fort Sill, Oklahoma).
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS,
FORT IRWIN, CALIFORNIA.
In the case of amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1) of the
Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103–337; 108 Stat. 3029)
and section 2104(a)(1) of the Military Construction Author-
ization Act for Fiscal Year 1996 (division B of Public Law
104–106; 110 Stat. 524) for a military construction project
for Fort Irwin, California, involving the construction of an
air field for the National Training Center at Barstow-
Daggett, California, the Secretary of the Army may use
such amounts for the construction of a heliport at the same
location.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
386
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ......................................
Marine Corps Air Station, Yuma .......
$12,250,000
Navy Detachment, Camp Navajo ........
$11,426,000
California ..................................
Marine Corps Air Station, Camp
Pendleton ..........................................
$24,150,000
Marine Corps Air Station, Miramar
$8,700,000
Marine Corps Air-Ground Combat
Center, Twentynine Palms ..............
$3,810,000
Marine Corps Base, Camp Pendleton
$60,069,000
Naval Air Facility, El Centro ............
$11,000,000
Naval Air Station, North Island ........
$19,600,000
Naval Amphibious Base, Coronado ....
$10,100,000
Naval Construction Battalion Center,
Port Hueneme ..................................
$3,200,000
Connecticut ...............................
Naval Submarine Base, New London
$18,300,000
Florida ......................................
Naval Air Station, Jacksonville ..........
$3,480,000
Naval Air Station, Whiting Field ......
$1,300,000
Naval Station, Mayport ......................
$17,940,000
Hawaii ......................................
Marine Corps Air Station, Kaneohe
Bay ....................................................
$19,000,000
Naval Communications and Tele-
communications Area Master Sta-
tion Eastern Pacific, Honolulu ......
$3,900,000
Naval Station, Pearl Harbor ..............
$25,000,000
Illinois .......................................
Naval Training Center, Great Lakes
$41,220,000
Indiana .....................................
Naval Surface Warfare Center, Crane
$4,120,000
Maryland ..................................
Naval Electronics System Command,
St. Ingoes ..........................................
$2,610,000
Mississippi ................................
Naval Air Station, Meridian ..............
$7,050,000
North Carolina .........................
Marine Corps Air Station, Cherry
Point .................................................
$8,800,000
Marine Corps Air Station, New River
$19,900,000
Rhode Island .............................
Naval Undersea Warfare Center Divi-
sion, Newport ...................................
$8,900,000
South Carolina .........................
Marine Corps Air Station, Beaufort ..
$17,730,000
Marine Corps Reserve Detachment
Parris Island ....................................
$3,200,000
Texas .........................................
Naval Air Station, Corpus Christi .....
$800,000
Virginia .....................................
AEGIS Training Center, Dahlgren ....
$6,600,000
Fleet Combat Training Center, Dam
Neck ...................................................
$7,000,000
Naval Air Station, Norfolk ..................
$18,240,000
Naval Air Station, Oceana .................
$34,000,000
Naval Amphibious Base, Little Creek
$8,685,000
Naval Shipyard, Norfolk, Portsmouth
$29,410,000
Naval Station, Norfolk .........................
$18,850,000
Naval Surface Warfare Center, Dahl-
gren ...................................................
$13,880,000
Naval Weapons Station, Yorktown .....
$14,547,000
Washington ...............................
Naval Air Station, Whidbey Island ...
$1,100,000
387
Navy: Inside the United States—Continued
State
Installation or Location
Amount
Puget Sound Naval Shipyard, Brem-
erton ..................................................
$4,400,000
Total .........................................
$524,267,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations outside the Unit-
ed States, and in the amounts, set forth in the following
table:
Navy: Outside the United States
Country
Installation or Location
Amount
Bahrain .....................................
Administrative Support Unit, Bah-
rain ...................................................
$30,100,000
Guam .........................................
Naval Communications and Tele-
communications Area Master Sta-
tion Western Pacific, Guam ............
$4,050,000
Italy ...........................................
Naval Air Station, Sigonella ..............
$21,440,000
Naval Support Activity, Naples .........
$8,200,000
Puerto Rico ...............................
Naval Station, Roosevelt Roads ..........
$500,000
United Kingdom .......................
Joint Maritime Communications Cen-
ter, St. Mawgan ...............................
$2,330,000
Total .........................................
$66,620,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
388
Navy: Family Housing
State
Installation or Location
Purpose
Amount
California ........................
Marine Corps Air Sta-
tion, Miramar ............
166 Units .........
$28,881,000
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine Palms
132 Units .........
$23,891,000
Marine Corps Base,
Camp Pendleton .........
171 Units .........
$22,518,000
Naval Air Station,
Lemoore .......................
128 Units .........
$23,226,000
Naval Complex, San
Diego ...........................
94 Units ...........
$13,500,000
Hawaii ............................
Naval Complex, Pearl
Harbor ........................
84 Units ...........
$17,900,000
Louisiana ........................
Naval Complex, New Or-
leans ............................
100 Units .........
$11,930,000
Texas ...............................
Naval Complex,
Kingsville and Corpus
Christi .........................
212 Units .........
$22,250,000
Washington .....................
Naval Complex, Bangor
118 Units .........
$15,700,000
Total .....
$179,796,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriation in
section 2204(a)(5)(A), the Secretary of the Navy may carry
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement of military family housing units in an amount
not to exceed $15,100,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(5)(A), the Sec-
retary of the Navy may improve existing military family
housing units in an amount not to exceed $214,282,000.
389
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Navy in the total amount of $2,053,025,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2201(a),
$524,267,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2201(b),
$66,120,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $9,960,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $46,659,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $409,178,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $976,504,000.
390
(6) For construction of bachelor enlisted quarters
at Naval Hospital, Great Lakes, Illinois, authorized
by section 2201(a) of the Military Construction Au-
thorization Act for Fiscal Year 1997 (division B of
Public Law 104–201; 110 Stat. 2766), $5,200,000.
(7) For construction of bachelor enlisted quarters
at Naval Station, Roosevelt Roads, Puerto Rico, au-
thorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1997 (division
B of Public Law 104–201; 110 Stat. 2767),
$14,600,000.
(8) For construction of a large anecohic chamber
facility at Patuxent River Naval Air Warfare Center,
Maryland, authorized by section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102–484; 106 Stat.
2590), $9,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
391
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (8) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $8,463,000,
which represents the combination of project savings result-
ing from favorable bids, reduced overhead costs, and can-
cellations due to force structure changes.
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION
PROJECT 
AT 
NAVAL 
AIR 
STATION,
PASCAGOULA, 
MISSISSIPPI, 
FOR 
WHICH
FUNDS HAVE BEEN APPROPRIATED.
(a) AUTHORIZATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104–201; 110 Stat. 2766)
is amended—
(1) by striking out the amount identified as the
total and inserting in lieu thereof ‘‘$594,982,000’’;
and
(2) by inserting after the item relating to Sten-
nis Space Center, Mississippi, the following new item:
Naval Air Station, Pascagoula ......................
$4,990,000
(b) CONFORMING AMENDMENTS.—Section 2204(a) of
such Act (110 Stat. 2769) is amended—
392
(1) in the matter preceding the paragraphs, by
striking out ‘‘$2,213,731,000’’ and inserting in lieu
thereof ‘‘$2,218,721,000’’; and
(2) 
in 
paragraph 
(1), 
by 
striking 
out
‘‘$579,312,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$584,302,000’’.
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2304(a)(1), the Secretary of the Air Force may
acquire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State
Installation or Location
Amount
Alabama ....................................
Maxwell Air Force Base ......................
$14,874,000
Alaska ........................................
Clear Air Station .................................
$67,069,000
Eielson Air Force Base ........................
$7,764,000
Indian Mountain .................................
$1,991,000
Arizona ......................................
Luke Air Force Base ............................
$10,000,000
Arkansas ....................................
Little Rock Air Force Base .................
$3,400,000
California ..................................
Edwards Air Force Base .....................
$2,887,000
Vandenberg Air Force Base .................
$26,876,000
Colorado ....................................
Buckley Air National Guard Base .....
$6,718,000
Falcon Air Force Station ....................
$10,551,000
Peterson Air Force Base ......................
$4,081,000
United States Air Force Academy ......
$15,229,000
Florida ......................................
Eglin Auxiliary Field 9 ......................
$6,470,000
MacDill Air Force Base .......................
$1,543,000
Georgia ......................................
Moody Air Force Base .........................
$9,100,000
Robins Air Force Base .........................
$27,763,000
Idaho .........................................
Mountain Home Air Force Base ........
$17,719,000
Kansas .......................................
McConnell Air Force Base ...................
$11,669,000
Louisiana ..................................
Barksdale Air Force Base ....................
$19,410,000
Mississippi ................................
Keesler Air Force Base ........................
$30,855,000
Missouri ....................................
Whiteman Air Force Base ...................
$40,419,000
Nevada .......................................
Nellis Air Force Base ...........................
$1,950,000
New Jersey ................................
McGuire Air Force Base ......................
$18,754,000
North Carolina .........................
Pope Air Force Base ............................
$20,656,000
393
Air Force: Inside the United States—Continued
State
Installation or Location
Amount
North Dakota ............................
Grand Forks Air Force Base ...............
$8,560,000
Minot Air Force Base ..........................
$5,200,000
Ohio ...........................................
Wright-Patterson Air Force Base .......
$19,350,000
Oklahoma ..................................
Tinker Air Force Base .........................
$9,655,000
Vance Air Force Base ..........................
$6,700,000
South Carolina .........................
Shaw Air Force Base ...........................
$6,072,000
South Dakota ............................
Ellsworth Air Force Base ....................
$6,600,000
Tennessee ...................................
Arnold Air Force Base .........................
$20,650,000
Texas .........................................
Dyess Air Force Base ...........................
$10,000,000
Laughlin Air Force Base .....................
4,800,000
Randolph Air Force Base ....................
$2,488,000
Utah ...........................................
Hill Air Force Base .............................
$6,470,000
Virginia .....................................
Langley Air Force Base .......................
$4,031,000
Washington ...............................
Fairchild Air Force Base ....................
$7,366,000
McChord Air Force Base .....................
$9,655,000
CONUS Classified ....................
Classified Location ...............................
$6,175,000
Total .........................................
$511,520,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
Country
Installation or Location
Amount
Germany ...................................
Spangdahlem Air Base ........................
$18,500,000
Italy ...........................................
Aviano Air Base ...................................
$15,220,000
Korea .........................................
Kunsan Air Base .................................
$10,325,000
Osan Air Base ......................................
$11,100,000
Portugal ....................................
Lajes Field, Azores ...............................
$4,800,000
United Kingdom .......................
Royal Air Force, Lakenheath ..............
$11,400,000
Overseas Classified ...................
Classified Location ...............................
$31,100,000
Total .........................................
$102,445,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(5)(A), the Secretary of the
394
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following
table:
Air Force: Family Housing
State
Installation or Location
Purpose
Amount
Arizona ............................
Davis-Monthan Air
Force Base ..................
70 Units ...........
$9,800,000
California ........................
Edwards Air Force Base
95 Units ...........
$16,800,000
Travis Air Force Base ...
70 Units ...........
$9,714,000
Vandenberg Air Force
Base .............................
108 Units .........
$17,100,000
Delaware .........................
Dover Air Force Base ....
Ancillary Facil-
ity .................
$831,000
District of Columbia ......
Bolling Air Force Base ..
46 Units ...........
$5,100,000
Florida ............................
MacDill Air Force Base
58 Units ...........
$10,000,000
Tyndall Air Force Base
32 Units ...........
$4,200,000
Georgia ............................
Robins Air Force Base ...
60 Units ...........
$6,800,000
Idaho ...............................
Mountain Home Air
Force Base ..................
60 Units ...........
$11,032,000
Kansas .............................
McConnell Air Force
Base .............................
19 Units ...........
$2,951,000
McConnell Air Force
Base .............................
Ancillary Facil-
ity .................
$581,000
Mississippi ......................
Columbus Air Force
Base .............................
50 Units ...........
$6,200,000
Keesler Air Force Base ..
40 Units ...........
$5,000,000
Montana ..........................
Malmstrom Air Force
Base .............................
28 Units ...........
$4,842,000
New Mexico .....................
Kirtland Air Force Base
180 Units .........
$20,900,000
North Dakota ..................
Grand Forks Air Force
Base .............................
42 Units ...........
$7,936,000
Texas ...............................
Dyess Air Force Base .....
70 Units ...........
$10,503,000
Goodfellow Air Force
Base .............................
3 Units .............
$500,000
Lackland Air Force Base
50 Units ...........
$7,400,000
Sheppard Air Force
Base .............................
40 Units ...........
$7,400,000
Wyoming .........................
F. E. Warren Air Force
Base .............................
52 Units ...........
$6,853,000
Total .....
$172,443,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
395
or improvement of military family housing units in an
amount not to exceed $11,971,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2835 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(a)(5)(A), the Sec-
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $156,995,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the Air
Force in the total amount of $1,810,090,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2301(a),
$505,435,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2301(b),
$102,445,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $8,545,000.
396
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $45,880,000.
(5) For military housing functions:
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $341,409,000.
(B) For support of military family housing
(including the functions described in section
2833 
of 
title 
10, 
United 
States 
Code),
$830,234,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a); and
(2) $11,000,000 (the balance of the amount au-
thorized under section 2301(a) for the construction of
a B–2 low observability restoration facility at White-
man Air Force Base, Missouri).
397
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $23,858,000,
which represents the combination of project savings result-
ing from favorable bids, reduced overhead costs, and can-
cellations due to force structure changes.
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION
PROJECT AT MCCONNELL AIR FORCE BASE,
KANSAS, FOR WHICH FUNDS HAVE BEEN AP-
PROPRIATED.
(a) AUTHORIZATION.—The table in section 2301(a) of
the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104–201; 110 Stat. 2771)
is amended in the item relating to McConnell Air Force
Base, Kansas, by striking out ‘‘$19,130,000’’ in the amount
column and inserting in lieu thereof ‘‘$25,830,000’’.
(b) CONFORMING AMENDMENTS.—Section 2304 of such
Act (110 Stat. 2774) is amended—
(1) in the matter preceding the paragraph, by
striking out ‘‘$1,894,594,000’’ and inserting in lieu
thereof ‘‘$1,901,294,000’’ and
(2) 
in 
paragraph 
(1), 
by 
striking 
out
‘‘$603,834,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$610,534,000’’.
398
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2405(a)(1), the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States.
Agency
Installation or Location
Amount
Defense Commissary Agency ...
Fort Lee, Virginia ................................
$9,300,000
Defense Finance and Account-
ing Service ............................
Columbus Center, Ohio ........................
$9,722,000
Naval Air Station, Millington, Ten-
nessee .................................................
$6,906,000
Naval Station, Norfolk, Virginia ........
$12,800,000
Naval Station, Pearl Harbor, Hawaii
$10,000,000
Defense Intelligence Agency .....
Bolling Air Force Base, District of
Columbia ...........................................
$7,000,000
Redstone Arsenal, Alabama .................
$32,700,000
Defense Logistics Agency .........
Defense Distribution Depot—DDNV,
Virginia ............................................
$16,656,000
Defense 
Distribution 
New 
Cum-
berland—DDSP, Pennsylvania ......
$15,500,000
Defense Fuel Support Point, Craney
Island, Virginia ...............................
$22,100,000
Defense General Supply Center, Rich-
mond (DLA), Virginia ....................
$5,200,000
Elmendorf Air Force Base, Alaska .....
$21,700,000
Naval Air Station, Jacksonville, Flor-
ida .....................................................
$9,800,000
Truax Field, Wisconsin .......................
$4,500,000
Westover Air Reserve Base, Massachu-
setts ...................................................
$4,700,000
CONUS Various, CONUS Various .....
$11,275,000
Defense Medical Facilities Of-
fice .........................................
Fort Campbell, Kentucky ....................
$13,600,000
399
Defense Agencies: Inside the United States.—Continued
Agency
Installation or Location
Amount
Fort Detrick, Maryland .......................
$5,300,000
Fort Lewis, Washington ......................
$5,000,000
Hill Air Force Base, Utah ..................
$3,100,000
Holloman Air Force Base, New Mex-
ico ......................................................
$3,000,000
Lackland Air Force Base, Texas .........
$3,000,000
Marine Corps Combat Dev Com,
Quantico, Virginia ...........................
$19,000,000
McGuire Air Force Base, New Jersey
$35,217,000
Naval Air Station, Pensacola, Florida
$2,750,000
Naval Station, Everett, Washington ...
$7,500,000
Naval Station, San Diego, California
$2,100,000
Naval Submarine Base, New London,
Connecticut .......................................
$2,300,000
Robins Air Force Base, Georgia .........
$19,000,000
Tinker Air Force Base, Oklahoma ......
$6,500,000
Wright-Patterson Air Force Base,
Ohio ...................................................
$2,750,000
National Security Agency ........
Fort Meade, Maryland .........................
$29,800,000
Special Operations Command
Eglin Auxiliary Field 3, Florida .......
$6,100,000
Fort Benning, Georgia .........................
$12,314,000
Fort Bragg, North Carolina ................
$1,500,000
Hurlburt Field, Florida .......................
$2,450,000
Naval Amphibious Base, Coronado,
California .........................................
$7,400,000
Total .........................................
$389,440,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2405(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the Unit-
ed States, and in the amounts, set forth in the following
table:
Defense Agencies: Outside the United States.
Agency
Installation or Location
Amount
Ballistic Missile Defense Orga-
nization.
Pacific Missile Range, Kwajalein
Atoll ...................................................
$4,565,000
Defense Logistics Agency .........
Defense Fuel Support Point, Guam ...
$16,000,000
Moron Air Base, Spain .......................
$14,400,000
Defense Medical Facilities Of-
fice .........................................
Andersen Air Force Base, Guam ........
$3,700,000
Total ..............................................
$38,665,000
400
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(13)(A), the
Secretary of Defense may carry out architectural and engi-
neering services and construction design activities with re-
spect to the construction or improvement of military family
housing units in an amount not to exceed $50,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriation in section 2405(a)(12)(A), the Sec-
retary of Defense may improve existing military family
housing units in an amount not to exceed $4,900,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2405(a)(10), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1997, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense