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or any other delegation of authority to ensure that a
request for funds sufficient to take the response action
was included in the President’s budget request under
section 1105 of title 31, United States Code, for that
fiscal year; or
‘‘(2) appropriated funds were available to pay
for the response action.’’.
SEC. 304. STATE ROLE AT FEDERAL FACILITIES.
Subsection (g) of section 120 of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620) is amended to read as follows:
‘‘(g) TRANSFER OF AUTHORITIES.—
‘‘(1) STATE APPLICATION FOR TRANSFER OF AU-
THORITIES.—A State may apply to the Adminis-
trator to exercise the authorities vested in the Admin-
istrator under subsections (e) and (h) (other than sub-
section (h)(2)) of this section at any or all facilities
owned or operated by any department, agency, or in-
strumentality of the United States (including the ex-
ecutive, legislative, and judicial branches of govern-
ment), including the authority—
‘‘(A) to review and approve all documents
prepared in connection with any such investiga-
tion and study;
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‘‘(B) to review and select remedies pursuant
to subsection (e)(4)(A); and
‘‘(C) to enter into agreements with depart-
ments, agencies, and instrumentalities of the
United States in accordance with subsection
(e)(2), and to enter into consent decrees with
other potentially responsible parties in accord-
ance with subsection (e)(6).
‘‘(2) TRANSFER OF AUTHORITIES.—(A) The Ad-
ministrator may enter into a contract or cooperative
agreement to transfer some or all of the authorities
described in paragraph (1) if the Administrator
makes the determinations in subparagraph (B) and
the State agrees to the conditions in subparagraph
(C).
‘‘(B) The determinations to be made by the Ad-
ministrator under subparagraph (A) are the follow-
ing:
‘‘(i) The State has the ability to exercise
such authorities in accordance with this Act, in-
cluding adequate legal authority, financial and
personnel resources, organization, and expertise.
‘‘(ii) The State demonstrates experience in
exercising similar authorities.
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‘‘(C) The conditions to be agreed to by the State
under subparagraph (A) are the following:
‘‘(i) The State will not redelegate any of the
authorities transferred to it by the Adminis-
trator, except as provided in the transfer agree-
ment.
‘‘(ii) In the case of a State that is author-
ized to implement a State hazardous waste pro-
gram pursuant to section 3006 of the Solid
Waste Disposal Act (42 U.S.C. 6926), the State
will not exercise the authorities under that Act
at the same time and at the same site as it exer-
cises the authorities transferred to it under this
subsection, with respect to a release or threat of
release being addressed by the authorities trans-
ferred to it.
‘‘(iii) The State will exercise the authorities
transferred to it with respect to each department,
agency, and instrumentality of the United States
in the same manner and to the same extent, both
procedurally and substantively, as it exercises
the authorities with respect to any non-Federal
entity.
‘‘(3) EFFECT OF AUTHORIZATION UNDER SOLID
WASTE DISPOSAL ACT.—In the review by the Admin-
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istrator of an application of a State for transfer of
authorities under this subsection, if the State is au-
thorized to implement a State hazardous waste pro-
gram pursuant to section 3006 of the Solid Waste
Disposal Act (42 U.S.C. 6926), the following provi-
sions apply:
‘‘(A) With respect to a State that is a signa-
tory to an interagency agreement under sub-
section (e)(2) that is in effect on the effective date
of this subsection, the Administrator, in making
the determinations referred to in paragraph (2),
shall accord substantial weight to the State’s
hazardous waste program authorization and the
Administrator’s findings in approving such au-
thorization.
‘‘(B) With respect to a State whose author-
ization under such section 3006 includes author-
ization to implement the corrective action provi-
sions of the Solid Waste Disposal Act, the Ad-
ministrator shall approve the application and
provide for the orderly transfer of authorities as
expeditiously as possible, but in no case later
than 6 months after the date of receipt of the ap-
plication, unless the parties agree to another
deadline.
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‘‘(4) EFFECT
OF
TRANSFER.—Any State to
which authorities are transferred under this sub-
section shall not be deemed to be an agent of the
President but shall exercise such authorities in its
own name, and the Administrator may transfer to a
State only those authorities of the Administrator
identified in this subsection.
‘‘(5) DEADLINES.—Except as provided in para-
graph (3)(B), the Administrator shall make a deter-
mination on an application from a State under this
subsection not later than 90 days after the date the
Administrator receives the application.
‘‘(6) WITHDRAWAL OF AUTHORITIES.—
‘‘(A) IN
GENERAL.—The Administrator
may withdraw the authorities transferred under
this subsection in whole or in part if the Admin-
istrator determines—
‘‘(i) that the State, in whole or in part,
is exercising such authorities in a manner
clearly inconsistent with the requirements of
this Act; or
‘‘(ii) in the case of a State that was
approved under paragraph (3)(B), that the
State is no longer authorized to implement
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the corrective action provisions of the Solid
Waste Disposal Act.
‘‘(B) REQUIREMENT OF WRITTEN NOTICE.—
At least 90 days before withdrawing any such
transferred authorities from a State, the Admin-
istrator shall provide to the State a written ex-
planation of the reasons for the proposed with-
drawal and afford an opportunity to the State
to discuss the withdrawal and to propose actions
to correct any deficiencies.
‘‘(7) ENFORCEMENT AND REMEDY SELECTION.—
‘‘(A) IN GENERAL.—An interagency agree-
ment under this section between a State (includ-
ing States which are parties to such agreements
through the exercise of the Administrator’s au-
thorities pursuant to a cooperative agreement or
contract under this subsection) and any depart-
ment, agency, or instrumentality of the United
States, shall be enforceable by the State or the
Federal department, agency, or instrumentality
in the United States district court for the district
in which the facility is located. The district court
shall have the jurisdiction to enforce compliance
with any provision, standard, regulation, condi-
tion, requirement, order, or final determination
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which has become effective under such agreement,
and to impose any appropriate civil penalty
provided for any violation of the agreement, not
to exceed $25,000 per day.
‘‘(B) FAILURE TO CONCUR IN REMEDY SE-
LECTION.—
‘‘(i) IN GENERAL.—At Federal facili-
ties where the Administrator’s authorities
under subsection (e)(4) have been trans-
ferred to the State pursuant to this section,
and the State does not concur in the remedy
selection proposed by the Federal agency,
the parties shall enter into dispute resolu-
tion as provided in the interagency agree-
ment, provided that the final level for such
disputes concerning remedy selection shall
be to the head of the Federal department,
agency, or instrumentality and the Gov-
ernor of the State.
‘‘(ii) STATE
REMEDY
SELECTION.—If
no agreement is reached between the head of
the Federal department, agency, or instru-
mentality and the Governor, the State may
issue the final determination, except that
the State shall pay or assure the payment
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of any additional costs attributable to car-
rying out the remedial action selected by the
State.
‘‘(8) LIMITATION.—Except for authorities that
are transferred by the Administrator to a State pur-
suant to this subsection, or that are transferred by the
Administrator to an officer or employee of the Envi-
ronmental Protection Agency, no authority vested in
the Administrator under this section may be trans-
ferred, by Executive order of the President or other-
wise, to any other officer or employee of the United
States or to any other person. Except as necessary to
specifically implement the transfer of the Administra-
tor’s authorities to a State pursuant to this sub-
section, nothing in this subsection shall be construed
as altering, modifying, or impairing in any manner,
or authorizing the unilateral modification of, any
terms of any agreement, permit, administrative, or
judicial order, decree, or interagency agreement exist-
ing on the effective date of this subsection. Any other
modifications or revisions of an interagency agree-
ment entered into under this section shall require the
consent of all parties to such agreement, and absent
such consent the agreement shall remain unchanged.
Nothing in this subsection shall affect the exercise by
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a State of any other authorities that may be applica-
ble to facilities in such State.’’.
Subtitle B—Superfund and Other
Environmental Law Reforms Ap-
plicable to Department of De-
fense or Department of Energy
SEC. 311. STANDARDS FOR REMEDIAL ACTIONS CON-
DUCTED AT DEFENSE FACILITIES NOT ON
THE NATIONAL PRIORITIES LIST.
Section 2701(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4) EXEMPTION
OF
REMEDIAL
ACTIONS
CON-
DUCTED
AT
FACILITIES
NOT
LISTED
ON
THE
NA-
TIONAL
PRIORITIES
LIST
FROM
CERTAIN
REQUIRE-
MENT.—Notwithstanding subsection (a)(2) and para-
graph (1) of this subsection, the requirement of section
121(d)(2) of CERCLA (42 U.S.C. 9621(d)(2)) relat-
ing to the attainment of a relevant and appropriate
standard, requirement, criteria, or limitation shall
not apply to a remedial action conducted at a facility
under the jurisdiction of the Secretary of Defense if
the facility is not listed on the National Priorities
List under CERCLA.’’.
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SEC. 312. AUTHORITY OF SECRETARY OF DEFENSE AND
SECRETARY 
OF 
ENERGY 
TO 
TERMINATE
LONG-TERM OPERATION AND MAINTENANCE
OF REMEDIAL ACTIONS AND CORRECTIVE
ACTIONS.
(a) REMEDIAL ACTIONS.—Section 120 of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621), as amended by sec-
tion 303, is further amended by adding at the end the fol-
lowing new subsection:
‘‘(l) TERMINATION OF LONG-TERM OPERATION AND
MAINTENANCE.—The Secretary of Defense, with respect to
any site or facility of the Department of Defense, and the
Secretary of Energy, with respect to any site or facility of
the Department of Energy, may terminate the long-term op-
eration and maintenance of a completed remedial action
in any case in which the Secretary determines, with the
concurrence of the Administrator or appropriate State or
local authorities, that the release or threat of release of haz-
ardous substances, pollutants, or contaminants at the site
or facility is no longer a threat to human health and the
environment.’’.
(b) CORRECTIVE ACTIONS.—Section 3004(u) of the
Solid Waste Disposal Act (42 U.S.C. 6924(u)) is amended
by adding at the end the following: ‘‘The Secretary of De-
fense, with respect to any site or facility of the Department
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of Defense, and the Secretary of Energy, with respect to any
site or facility of the Department of Energy, may terminate
the long-term operation and maintenance of a completed
corrective action in any case in which the Secretary deter-
mines, with the concurrence of the Administrator or appro-
priate State or local authorities, that the release of hazard-
ous waste or constituents at the site or facility is no longer
a threat to human health and the environment.’’.
SEC. 313. NOTIFICATION TO CONGRESS OF COSTS OF DE-
PARTMENT 
OF 
ENERGY 
ENVIRONMENTAL
COMPLIANCE AGREEMENTS.
(a) NOTICE TO CONGRESS.—The Secretary of Energy
may not enter into an environmental compliance agree-
ment, or agree to a major modification of such an agree-
ment, until after the Secretary submits to Congress the fol-
lowing information with respect to the agreement or modi-
fication:
(1) The total cost of carrying out the agreement
or modification, and the total cost of other options
considered for carrying out the requirements that are
the subject of the agreement or modification.
(2) An estimate of the budget authority and out-
lays, by year, required while the agreement or modi-
fication is in effect.
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(3) The projected cost of carrying out each mile-
stone in the agreement or modification, and the sched-
ule for the initiation of activities under each mile-
stone.
(4) An estimate of the monetary penalties that
may be assessed by the Environmental Protection
Agency or the State concerned against the Depart-
ment of Energy for failure to adhere to the terms of
the compliance agreement.
(b) DEFINITION.—In this section, the term ‘‘environ-
mental compliance agreement’’ means an interagency
agreement under section 120(e)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(e)(2)) entered into by the Secretary
of Energy, the Administrator of the Environmental Protec-
tion Agency, and the State in which a facility of the De-
partment of Energy is located that provides for compliance
by the Department of Energy at that facility with the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9061 et sec.).
(c) CALCULATION OF 90 DAYS.—For purposes of sub-
section (a), the continuity of a session of Congress is broken
only by an adjournment of the Congress sine die, and the
days on which either House is not in session because of an
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adjournment of more than three days to a day certain are
excluded in the computation of the 90-day period.
SEC. 314. CLEAN AIR ACT STANDARDS FOR MILITARY
SOURCES.
(a) CONTINUED EFFECTIVENESS OF EXEMPTIONS.—
Any exemption described in subsection (b) for property
owned or operated by the Armed Forces that is in effect
on the date of the enactment of this Act shall remain in
effect with respect to any covered requirement that is adopt-
ed after such date of enactment.
(b) COVERED EXEMPTIONS.—Subsection (a) applies to
any exemption from a covered requirement that is issued—
(1) by the Administrator of the Environmental
Protection Agency pursuant to rulemaking authority
under the Clean Air Act (42 U.S.C. 7401 et seq.); or
(2) by a State in its State implementation plan
for that Act.
(c) COVERED REQUIREMENTS.—In this section, the
term ‘‘covered requirement’’ means a requirement referred
to in section 118(a) of the Clean Air Act (42 U.S.C.
7418(a)) that relates to ozone or particulate matter.
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SEC. 315. AUTHORITY OF ADMINISTRATOR OF ENVIRON-
MENTAL 
PROTECTION 
AGENCY 
WITH 
RE-
SPECT TO APPLICATION OF SOLID WASTE
DISPOSAL ACT TO MILITARY MUNITIONS.
Section 3004(y) of the Solid Waste Disposal Act (42
U.S.C. 6924(y)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) The Administrator shall exempt unexpended mili-
tary munitions from regulation under this Act upon a find-
ing by the Administrator that such military munitions are
subject to management under another Federal law or regu-
lation and that such other federal law or regulation is suffi-
ciently protective of human health and the environment so
as to make additional regulations under this Act duplica-
tive or unnecessary.’’.
TITLE IV—MISCELLANEOUS
ADDITIONAL DEFENSE REFORMS
SEC. 401. LONG-TERM CHARTER CONTRACTS FOR ACQUISI-
TION OF AUXILIARY VESSELS FOR THE DE-
PARTMENT OF DEFENSE.
(a) PROGRAM AUTHORIZATION.—Chapter 631 of title
10, United States Code, is amended by adding at the end
the following new section:
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‘‘§ 7233. Auxiliary vessels: authority for long-term
charter contracts
‘‘(a) AUTHORIZED CONTRACTS.—After September 30,
1998, the Secretary of the Navy, subject to subsection (b),
may enter into a contract for the long-term lease or charter
of a newly built surface vessel, under which the contractor
agrees to provide a crew for the vessel for the term of the
long-term lease or charter, for any of the following:
‘‘(1) The combat logistics force of the Navy.
‘‘(2) The strategic sealift program of the Navy.
‘‘(3) Other auxiliary support vessels for the De-
partment of Defense.
‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY
LAW.—A contract may be entered into under this section
with respect to specific vessels only if the Secretary is spe-
cifically authorized by law to enter into such a contract
with respect to those vessels.
‘‘(c) FUNDS
FOR CONTRACT PAYMENTS.—The Sec-
retary may make payments for contracts entered into under
this section using funds available for obligation during the
fiscal year for which the payments are required to be made.
Any such contract shall provide that the United States will
not be required to make a payment under the contract
(other than a termination payment, if required) before Oc-
tober 1, 2000.
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‘‘(d) BUDGETING PROVISIONS.—Any contract entered
into under this section shall be treated as a multiyear serv-
ice contract and as an operating lease for purposes of any
provision of law relating to the Federal budget and Federal
budget accounting procedures, including part C of title II
of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.), and any regulation or direc-
tive (including any directive of the Office of Management
and Budget) prescribed with respect to the Federal budget
and Federal budget accounting procedures.
‘‘(e) TERM OF CONTRACT.—In this section, the term
‘long-term lease or charter’ means a lease, charter, service
contract, or conditional sale agreement with respect to a
vessel the term of which (including any option period) is
for a period of 20 years or more.
‘‘(f) OPTION TO BUY.—A contract entered into under
the authority of this section may contain options for the
United States to purchase one or more of the vessels covered
by the contract at any time during, or at the end of, the
contract period (including any option period) upon pay-
ment of an amount not in excess of the unamortized portion
of the cost of the vessels plus amounts incurred in connec-
tion with the termination of the financing arrangements
associated with the vessels.
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‘‘(g) DOMESTIC CONSTRUCTION.—The Secretary shall
require in any contract entered into under this section that
each vessel to which the contract applies—
‘‘(1) shall have been constructed in a shipyard
within the United States; and
‘‘(2) upon delivery, shall be documented under
the laws of the United States.
‘‘(h) VESSEL CREWING.—The Secretary shall require
in any contract entered into under this section that the crew
of any vessel to which the contract applies be comprised
of private sector commercial mariners.
‘‘(i) CONTINGENT WAIVER OF OTHER PROVISIONS OF
LAW.—A contract authorized by this section may be entered
into without regard to section 2401 or 2401a of this title
if the Secretary of Defense makes the following findings
with respect to that contract:
‘‘(1) The need for the vessels or services to be pro-
vided under the contract is expected to remain sub-
stantially unchanged during the contemplated con-
tract or option period.
‘‘(2) There is a reasonable expectation that
throughout the contemplated contract or option period
the Secretary of the Navy (or, if the contract is for
services to be provided to, and funded by, another
military department, the Secretary of that military
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department) will request funding for the contract at
the level required to avoid contract cancellation.
‘‘(3) The use of such contract or the exercise of
such option is in the interest of the national defense.
‘‘(j) SOURCE OF FUNDS FOR TERMINATION LIABIL-
ITY.—If a contract entered into under this section is termi-
nated, the costs of such termination may be paid from—
‘‘(1) amounts originally made available for per-
formance of the contract;
‘‘(2) amounts currently available for operation
and maintenance of the type of vessels or services con-
cerned and not otherwise obligated; or
‘‘(3) funds appropriated for those costs.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘7233. Auxiliary vessels: authority for long-term charter contracts.’’.
SEC. 402. FIBER-OPTICS BASED TELECOMMUNICATIONS
LINKAGE OF MILITARY INSTALLATIONS.
(a) INSTALLATION REQUIRED.—In at least one metro-
politan area of the United States containing multiple mili-
tary installations of one or more military department or
Defense Agency, the Secretary of Defense shall provide for
the installation of fiber-optics based telecommunications
technology to link as many of the installations in the area
as practicable in a privately dedicated telecommunications
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network. The Secretary shall use a competitive process to
provide for the installation of the telecommunications net-
work through one or more new contracts.
(b) FEATURES
OF
NETWORK.—The telecommuni-
cations network shall provide direct access to local and long
distance telephone carriers, allow for transmission of both
classified and unclassified information, and take advantage
of the various capabilities of fiber-optics based tele-
communications technology.
(c) TIME
FOR
INSTALLATION.—The telecommuni-
cations network or networks to be installed under this sec-
tion shall be installed and operational not later than Sep-
tember 30, 1999.
(d) REPORT ON IMPLEMENTATION.—Not later than
March 1, 1998, the Secretary of Defense shall submit to the
congressional defense committees a report on the implemen-
tation of subsections (a) and (b), including the metropolitan
area or areas selected for the telecommunications network,
the estimated cost of the network, and potential areas for
the future use of such fiber-optics based telecommunications
technology.
SEC. 403. REPEAL OF REQUIREMENT FOR CONTRACTOR
GUARANTEES ON MAJOR WEAPON SYSTEMS.
(a) REPEAL.—Section 2403 of title 10, United States
Code, is repealed.
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(b) CLERICAL AND CONFORMING AMENDMENTS.—(1)
The table of sections at the beginning of chapter 141 of such
title is amended by striking out the item relating to section
2403.
(2) Section 803 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2604; 10 U.S.C. 2430 note) is amended—
(A) in subsection (a), by striking out ‘‘2403,’’;
(B) by striking out subsection (c); and
(C) by redesignating subsection (d) as subsection
(c).
SEC. 404. REQUIREMENTS RELATING TO MICRO-PURCHASES
OF COMMERCIAL ITEMS.
(a) IN GENERAL.—Section 2304 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(l) MICRO-PURCHASES.—(1) A contracting officer
may not award a contract or issue a purchase order to buy
commercial items for an amount equal to or less than the
micro-purchase threshold unless a member of the Senior
Executive Service or a general or flag officer makes a writ-
ten determination that—
‘‘(A) the source or sources available for the com-
mercial item do not accept a preferred micro-purchase
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method, and the contracting officer is seeking a source
that does accept such a method; or
‘‘(B) the nature of the commercial item neces-
sitates a contract or purchase order so that terms and
conditions can be specified.
‘‘(2) In this subsection:
‘‘(A) The term ‘micro-purchase threshold’ has the
meaning provided in section 32 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 428).
‘‘(B) The term ‘preferred micro-purchase method’
means the use of the Government-wide commercial
purchase card or any other method for carrying out
micro-purchases that Secretary of Defense prescribes
in the regulations implementing this subsection.
‘‘(3) The Secretary of Defense shall prescribe regula-
tions to implement this subsection. The regulations shall in-
clude such additional preferred methods of carrying out
micro-purchases, and such exceptions to the requirement of
paragraph (1), as the Secretary considers appropriate.’’.
(b) EFFECTIVE DATE.—Subsection (l) of section 2304
of title 10, United States Code, as added by subsection (a),
shall apply with respect to micro-purchases made on or
after October 1, 1997.
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SEC. 405. AVAILABILITY OF SIMPLIFIED PROCEDURES TO
COMMERCIAL ITEM PROCUREMENTS.
(a) 
ARMED
SERVICES
ACQUISITIONS.—Section
2304(g) of title 10, United States Code, is amended in para-
graph (1)(B) by striking out ‘‘only’’.
(b) CIVILIAN AGENCY ACQUISITIONS.—Section 303(g)
of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253(g)) is amended in paragraph (1)(B)
by striking out ‘‘only’’.
SEC. 406. TERMINATION OF THE ARMED SERVICES PATENT
ADVISORY BOARD.
(a) TERMINATION OF BOARD.—The organization with-
in the Department of Defense known as the Armed Services
Patent Advisory Board is terminated. No funds available
for the Department of Defense may be used for the operation
of that Board after the date specified in subsection (c).
(b) TRANSFER
OF FUNCTIONS.—All functions per-
formed on the day before the date of the enactment of this
Act by the Armed Services Patent Advisory Board (includ-
ing performance of the responsibilities of the Department
of Defense for security review of patent applications under
chapter 17 of title 35, United States Code) shall be trans-
ferred to the Defense Technology Security Administration.
(c) 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.
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SEC. 407. COORDINATION OF DEPARTMENT OF DEFENSE
CRIMINAL INVESTIGATIONS AND AUDITS.
(a) BOARD ON CRIMINAL INVESTIGATIONS.—Chapter
7 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 182. Board on Criminal Investigations
‘‘(a) ESTABLISHMENT.—(1) There is in the Depart-
ment of Defense a Board on Criminal Investigations. The
Board consists of the following officials:
‘‘(A) The Assistant Secretary of Defense for Com-
mand, Control, Communications, and Intelligence.
‘‘(B) The head of the Army Criminal Investiga-
tion Command.
‘‘(C) The head of the Naval Criminal Investiga-
tive Service.
‘‘(D) The head of the Air Force Office of Special
Investigations.
‘‘(2) To ensure cooperation between the military de-
partment criminal investigative organizations and the De-
fense Criminal Investigative Service, the Inspector General
of the Department of Defense shall serve as a nonvoting
member of the Board.
‘‘(b) FUNCTIONS OF BOARD.—The Board shall provide
for coordination and cooperation between the military de-
partment criminal investigative organizations so as to
avoid duplication of effort and minimize resources available
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to 
the 
military 
department 
criminal 
investigative
organizations.
‘‘(c) REGIONAL WORKING GROUPS.—The Board shall
establish working groups at the regional level to address and
resolve issues of jurisdictional responsibility that may arise
regarding criminal investigations involving a military
department criminal investigative organization. A working
group shall consist of managers or supervisors of the mili-
tary department criminal investigative organizations who
have the authority to make binding decisions regarding
which organization will conduct a particular criminal in-
vestigation or whether a criminal investigation should be
conducted jointly.
‘‘(d) AUTHORITY OF ASSISTANT SECRETARY.—In the
event that a regional working group or the Board is unable
to resolve an issue of investigative responsibility, the Assist-
ant Secretary of Defense for Command, Control, Commu-
nications, and Intelligence shall have the responsibility to
make a final determination regarding the issue.
‘‘(e) MILITARY DEPARTMENT CRIMINAL INVESTIGA-
TIVE ORGANIZATION DEFINED.—In this section, the term
‘military department criminal investigative organization’
means any of the following:
‘‘(1) The Army Criminal Investigation Com-
mand.
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‘‘(2) The Naval Criminal Investigative Service.
‘‘(3) The Air Force Office of Special Investiga-
tions.’’.
(b) BOARD
ON AUDITS.—Such chapter is further
amended by inserting after section 182, as added by sub-
section (a), the following new section:
‘‘§ 183. Board on Audits
‘‘(a) ESTABLISHMENT.—(1) There is in the Depart-
ment of Defense a Board on Audits. The Board consists of
the following officials:
‘‘(A) The Under Secretary of Defense (Comptrol-
ler).
‘‘(B) The Auditor General of the Army.
‘‘(C) The Auditor General of the Navy.
‘‘(D) The Auditor General of the Air Force.
‘‘(E) The director of the Defense Contract Audit
Agency.
‘‘(2) To ensure cooperation between the defense audit-
ing organizations and the Office of the Inspector General
of the Department of Defense, the Inspector General of the
Department of Defense shall serve as a nonvoting member
of the Board.
‘‘(b) FUNCTIONS OF BOARD.—The Board shall provide
for coordination and cooperation between the defense audit-
ing organizations so as to avoid duplication of effort and
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maximize resources available to the defense auditing orga-
nization.
‘‘(c) REGIONAL WORKING GROUPS.—The Board shall
establish working groups at the regional level to address and
resolve issues of jurisdictional responsibility that may arise
regarding audits involving a defense auditing organization.
A working group shall consist of managers or supervisors
of the defense auditing organizations who have the author-
ity to make binding decisions regarding which defense au-
diting organization will conduct a particular audit or
whether an audit should be conducted jointly.
‘‘(d) AUTHORITY OF UNDER SECRETARY OF DEFENSE
(COMPTROLLER).—In the event that a regional working
group or the Board is unable to resolve an issue of jurisdic-
tional responsibility, the Under Secretary of Defense
(Comptroller) shall have the responsibility to make a final
determination regarding the issue.
‘‘(e) DEFENSE AUDITING ORGANIZATION DEFINED.—
In this section, the term ‘defense auditing organization’
means any of the following:
‘‘(1) The Army Audit Agency.
‘‘(2) The Naval Audit Service.
‘‘(3) The Air Force Audit Agency.
‘‘(4) The Defense Contract Audit Agency.’’.
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(c) WORKING GUIDANCE.—Not later than December
31, 1997, the Secretary of Defense shall prescribe such poli-
cies as may be necessary for the operation of the Board on
Criminal Investigations and the Board on Audits estab-
lished pursuant to the amendments made by this section.
(d) CLERICAL AMENDMENTS.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new items:
‘‘182. Board on Criminal Investigations.
‘‘183. Board on Audits.’’.
SEC. 408. DEPARTMENT OF DEFENSE BOARDS, COMMIS-
SIONS, AND ADVISORY COMMITTEES.
(a) TERMINATION OF EXISTING ADVISORY COMMIT-
TEES.—(1) Effective December 31, 1998, any advisory com-
mittee established in, or administered or funded (in whole
or in part) by, the Department of Defense that (A) is in
existence on the day before the date of the enactment of this
Act, and (B) was not established by law, or expressly con-
tinued by law, after January 1, 1995, is terminated.
(2) For purposes of this section, the term ‘‘advisory
committee’’ means an entity that is subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.).
(b) REPORT ON COMMITTEES FOR WHICH CONTINU-
ATION IS REQUESTED.—Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report set-
ting forth those advisory committees subject to subsection
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(a) that the Secretary proposes to continue. The Secretary
shall include in the report, for each such committee, the jus-
tification for continuing the committee and a statement of
the costs of such continuation over the next four fiscal years.
The Secretary shall include in the report a proposal for any
legislation that may be required for the continuations pro-
posed in the report.
(c) POLICY FOR FUTURE DOD ADVISORY COMMIT-
TEES.—(1) Chapter 7 of title 10, United States Code, is
amended by inserting after section 183, as added by section
407(b), the following new section:
‘‘§ 184. Boards, commissions, and other advisory com-
mittees: limitations
‘‘(a) LIMITATION ON ESTABLISHMENT.—No advisory
committee may be established in, or administered or funded
(in whole or in part) by, the Department of Defense except
as specifically provided by law after the date of the enact-
ment of this section.
‘‘(b) TERMINATION OF ADVISORY COMMITTEES.—Each
advisory committee of the Department of Defense (whether
established by law, by the President, or by the Secretary
of Defense) shall terminate not later than the expiration
of the four-year period beginning on the date of its establish-
ment or on the date of the most recent continuation of the
advisory committee by law.
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‘‘(c) EXCEPTION FOR TEMPORARY ADVISORY COMMIT-
TEES.—Subsection (a) does not apply to an advisory com-
mittee established for a period of one year or less for the
purpose (as set forth in the charter of the advisory commit-
tee) of examining a matter that is critical to the national
security of the United States.
‘‘(d) ANNUAL REPORT.—Not later than March 1 of
each year (beginning in 1999), the Secretary of Defense
shall submit to Congress a report on advisory committees
of the Department of Defense. In each such report, the Sec-
retary shall identify each advisory committee that the Sec-
retary proposes to support during the next fiscal year and
shall set forth the justification for each such committee and
the projected costs for that committee for the next fiscal
year. In the case of any advisory committee that is to termi-
nate in the year following the year in which the report is
submitted pursuant to subsection (b) and that the Secretary
proposes be continued by law, the Secretary shall include
in the report a request for continuation of the committee
and a justification and cost estimate for such continuation.
‘‘(e) ADVISORY COMMITTEE DEFINED.—In this sec-
tion, the term ‘advisory committee’ means an entity that
is subject to the provisions of the Federal Advisory Commit-
tee Act (5 U.S.C. App.).’’.
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(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
183, as added by section 407(d), the following new item:
‘‘184. Boards, commissions, and other advisory committees: limitations.’’.
TITLE V—COMMISSION ON DE-
FENSE 
ORGANIZATION 
AND
STREAMLINING
SEC. 501. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Commission on Defense
Organization and Streamlining’’ (hereinafter in this title
referred to as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be composed
of nine members, appointed as follows:
(1) Two members shall be appointed by the
chairman of the Committee on National Security of
the House of Representatives.
(2) Two members shall be appointed by the rank-
ing minority party member of the Committee on Na-
tional Security of the House of Representatives.
(3) Two members shall be appointed by the
chairman of the Committee on Armed Services of the
Senate.
(4) Two members shall be appointed by the rank-
ing minority party member of the Committee on
Armed Services of the Senate.
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(5) One member, who shall serve as chairman of
the Commission, shall be appointed by at least three
of the Members of Congress referred to in paragraphs
(1) through (4) acting jointly.
(c) QUALIFICATIONS.—Members of the Commission
shall be appointed from among private United States citi-
zens with knowledge and expertise in organization and
management matters.
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members
shall be appointed for the life of the Commission. Any va-
cancy in the Commission shall be filled in the same manner
as the original appointment.
(e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All
appointments to the Commission shall be made not later
than 30 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date on which all members of
the Commission have been appointed.
(f) SECURITY CLEARANCES.—The Secretary of Defense
shall expedite the processing of appropriate security clear-
ances for members of the Commission.
SEC. 502. DUTIES OF COMMISSION.
(a) IN GENERAL.—(1) The Commission shall examine
the missions, functions, and responsibilities of the Office of
the Secretary of Defense, the management headquarters and
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headquarters support activities of the military departments
and Defense Agencies, and the various acquisition organiza-
tions of the Department of Defense (and the relationships
among such Office, activities, and organizations).
(2) On the basis of such examination, the Commission
shall propose alternative organizational structures and al-
ternative allocations of authorities as it considers appro-
priate.
(b) DUPLICATION AND REDUNDANCY.—In carrying out
its duties, the Commission shall identify areas of duplica-
tion and recommend options to streamline, reduce, and
eliminate redundancies.
(c) SPECIAL REQUIREMENTS REGARDING OFFICE OF
SECRETARY.—The examination of the missions, functions,
and responsibilities of the Office of the Secretary of Defense
shall include the following:
(1) An assessment of the appropriate functions of
the Office and whether the Office of the Secretary of
Defense or some of its component parts should be or-
ganized along mission lines.
(2) An assessment of the adequacy of the present
organizational structure to efficiently and effectively
support the Secretary in carrying out responsibilities
in a manner that ensures civilian authority in the
Department of Defense.