Calendar No. 106
105TH CONGRESS
1ST SESSION
H. R. 1119
AN ACT
To authorize appropriations for fiscal year 1998 for
military activities of the Department of Defense,
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.
JULY 7, 1997
Received; read twice and placed on the calendar
II
Calendar No. 106
105TH CONGRESS
1ST SESSION
H. R. 1119
IN THE SENATE OF THE UNITED STATES
JULY 7, 1997
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1998’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Subtitle B—Other Matters
Sec. 121. Limitation on obligation of funds for the Seawolf Submarine pro-
gram.
Sec. 122. Report on annual budget submission regarding the reserve compo-
nents.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on Strategic Environmental Research and Development Pro-
gram.
Sec. 213. Tactical unmanned aerial vehicles.
Sec. 214. Revisions to membership of and appointment authority for National
Ocean Research Leadership Council.
Sec. 215. Maintenance and repair of real property at Air Force installations.
Sec. 216. Expansion of eligibility for Defense Experimental Program to Stimu-
late Competitive Research.
Sec. 217. Bioassay testing of veterans exposed to ionizing radiation during mili-
tary service.
Sec. 218. Comanche program.
Sec. 219. Land attack standard missile.
Sec. 220. Report on operational field assessments program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 231. Budgetary treatment of amounts requested for procurement for Bal-
listic Missile Defense programs.
Sec. 232. Cooperative ballistic missile defense program.
Sec. 233. Deployment dates for core theater missile defense programs
Sec. 234. Annual report on threat posed to the United States by weapons of
mass destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Tactical high energy laser program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Refurbishment and installation of air search radar.
Sec. 306. Refurbishment of M1–A1 tanks.
Sec. 307. Procurement and electronic commerce technical assistance program.
Subtitle B—Military Readiness Issues
Sec. 311. Expansion of scope of quarterly readiness reports.
Sec. 312. Limitation on reallocation of funds within operation and maintenance
appropriations.
Sec. 313. Operation of prepositioned fleet, National Training Center, Fort
Irwin, California.
Sec. 314. Prohibition of implementation of tiered readiness system.
Sec. 315. Reports on transfers from high-priority readiness appropriations.
Sec. 316. Report on Chairman, Joint Chiefs of Staff Exercise Program and
Partnership for Peace program.
Sec. 317. Quarterly reports on execution of operation and maintenance appro-
priations.
Subtitle C—Civilian Personnel
Sec. 321. Pay practices when overseas teachers transfer to general schedule po-
sitions.
Sec. 322. Use of approved fire-safe accommodations by Government employees
on official business.
Sec. 323. Veterans’ preference status for certain veterans who served on active
duty during the Persian Gulf War.
Subtitle D—Depot-Level Activities
Sec. 331. Extension of authority for aviation depots and naval shipyards to en-
gage in defense-related production and services.
Sec. 332. Exclusion of certain large maintenance and repair projects from per-
centage limitation on contracting for depot-level maintenance.
Sec. 333. Restrictions on contracts for performance of depot-level maintenance
and repair at certain facilities.
Sec. 334. Core logistics functions of Department of Defense.
Sec. 335. Centers of Industrial and Technical Excellence.
Sec. 336. Personnel reductions, Army depots participating in Army Workload
and Performance System.
Subtitle E—Environmental Provisions
Sec. 341. Revision of membership terms for Strategic Environmental Research
and Development Program scientific advisory board.
Sec. 342. Amendments to authority to enter into agreements with other agen-
cies in support of environmental technology certification.
Sec. 343. Authorization to pay negotiated settlement for environmental cleanup
at former Department of Defense sites in Canada.
Sec. 344. Modifications of authority to store and dispose of nondefense toxic
and hazardous materials.
Sec. 345. Revision of report requirement for Navy program to monitor ecologi-
cal effects of organotin.
Sec. 346. Partnerships for investment in innovative environmental technologies.
Sec. 347. Pilot program to test an alternative technology for eliminating solid
and liquid waste emissions during ship operations.
Subtitle F—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 361. Reorganization of laws regarding commissaries and exchanges and
other morale, welfare, and recreation activities.
Sec. 362. Merchandise and pricing requirements for commissary stores.
Sec. 363. Limitation on noncompetitive procurement of brand-name commercial
items for resale in commissary stores.
Sec. 364. Transfer of jurisdiction over exchange, commissary, and morale, wel-
fare, and recreation activities to Under Secretary of Defense
(Comptroller).
Sec. 365. Public and private partnerships to benefit morale, welfare, and recre-
ation activities.
Sec. 366. Treatment of certain amounts received by Defense Commissary Agen-
cy.
Sec. 367. Authorized use of appropriated funds for relocation of Navy Ex-
change Service Command.
Subtitle G—Other Matters
Sec. 371. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense ci-
vilian employees.
Sec. 372. Continuation of Operation Mongoose.
Sec. 373. Inclusion of Air Force depot maintenance as operation and mainte-
nance budget activity group.
Sec. 374. Programs to commemorate 50th anniversary of Marshall Plan and
Korean conflict.
Sec. 375. Prohibition on use of Special Operations Command budget for base
operation support.
Sec. 376. Continuation and expansion of demonstration program to identify
overpayments made to vendors.
Sec. 377. Applicability of Federal printing requirements to Defense Automated
Printing Service.
Sec. 378. Base operations support for military installations on Guam.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of members in certain grades authorized to serve
on active duty in support of the reserves.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Limitation on number of general and flag officers who may serve in
positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on period of recall
to active duty.
Sec. 503. Clarification of officers eligible for consideration by selection boards.
Sec. 504. Authority to defer mandatory retirement for age of officers serving
as chaplains.
Subtitle B—Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and death and dis-
ability benefits for reserve members who incur or aggravate an
illness in the line of duty.
Sec. 514. Time-in-grade requirements for reserve commissioned officers retired
during force drawdown period.
Sec. 515. Authority to permit non-unit assigned officers to be considered by va-
cancy promotion board to general officer grades.
Sec. 516. Grade requirement for officers eligible to serve on involuntary separa-
tion boards.
Sec. 517. Limitation on use of Air Force Reserve AGR personnel for Air Force
base security functions.
Subtitle C—Military Technicians
Sec. 521. Authority to retain on the reserve active-status list until age 60 mili-
tary technicians in the grade of brigadier general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report of feasibility and desirability of conversion of AGR personnel
to military technicians (dual-status).
Subtitle D—Measures To Improve Recruit Quality and Reduce
Recruit Attrition
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for military serv-
ice.
Sec. 533. Improvements in physical fitness of recruits.
Subtitle E—Military Education and Training
Sec. 541. Independent panel to review military basic training.
Sec. 542. Reform of Army drill sergeant selection and training process.
Sec. 543. Requirement for candidates for admission to United States Naval
Academy to take oath of allegiance.
Sec. 544. Reimbursement of expenses incurred for instruction at service acad-
emies of persons from foreign countries.
Sec. 545. United States Naval Postgraduate School.
Sec. 546. Air Force Academy cadet foreign exchange program.
Sec. 547. Training in human relations matters for Army drill sergeant trainees.
Sec. 548. Study of feasibility of gender-segregated basic training.
Subtitle F—Military Decorations and Awards
Sec. 551. Study of new decorations for injury or death in line of duty.
Sec. 552. Purple heart to be awarded only to members of the armed forces.
Sec. 553. Eligibility for Armed Forces Expeditionary Medal for participation in
Operation Joint Endeavor or Operation Joint Guard.
Sec. 554. Waiver of time limitations for award of certain decorations to speci-
fied persons.
Subtitle G—Other Matters
Sec. 561. Suspension of temporary early retirement authority.
Sec. 562. Treatment of educational accomplishments of National Guard Chal-
lenge Program participants.
Sec. 563. Authority for personnel to participate in management of certain non-
Federal entities.
Sec. 564. Crew requirements of WC–130J aircraft.
Sec. 565. Comptroller General study of Department of Defense civil military
programs.
Sec. 566. Treatment of participation of members in Department of Defense
civil military programs.
Sec. 567. Continuation of support to senior military colleges.
Sec. 568. Improvement of missing persons authorities applicable to Department
of Defense.
Sec. 569. Establishment of sentence of confinement for life without eligibility
for parole.
Sec. 570. Limitation on appeal of denial of parole for offenders serving life sen-
tence.
Sec. 571. Establishment of Public Affairs Branch in the Army.
Sec. 572. Report on making United States nationals eligible for participation
in Senior Reserve Officers’ Training Corps.
Sec. 573. Community College of the Air Force.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Annual adjustment of basic pay and protection of member’s total
compensation while performing certain duty.
Sec. 603. Use of food cost information to determine basic allowance for subsist-
ence.
Sec. 604. Consolidation of basic allowance for quarters, variable housing allow-
ance, and overseas housing allowances.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Sec. 613. One-year extension of authorities relating to payment of other bo-
nuses and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty incentive pay
for certain members.
Sec. 615. Availability of multiyear retention bonus for dental officers.
Sec. 616. Increase in variable and additional special pays for certain dental of-
ficers.
Sec. 617. Special pay for duty at designated hardship duty locations.
Sec. 618. Selected Reserve reenlistment bonus.
Sec. 619. Selected Reserve enlistment bonus for former enlisted members.
Sec. 620. Special pay or bonuses for enlisted members extending tours of duty
overseas.
Sec. 621. Increase in amount of family separation allowance.
Sec. 622. Change in requirements for Ready Reserve muster duty allowance.
Sec. 623. Expansion of reserve affiliation bonus to include Coast Guard Re-
serve.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents of member sen-
tenced by court-martial.
Sec. 632. Dislocation allowance.
Subtitle D—Retired Pay, Survivor Benefits, and Related
Matters
Sec. 641. Time in which certain changes in beneficiary under Survivor Benefit
Plan may be made.
Subtitle E—Other Matters
Sec. 651. Definition of sea duty for purposes of career sea pay.
Sec. 652. Loan repayment program for commissioned officers in certain health
professions.
Sec. 653. Conformance of NOAA commissioned officers separation pay to sepa-
ration pay for members of other uniformed services.
Sec. 654. Reimbursement of Public Health Service officers for adoption ex-
penses.
Sec. 655. Payment of back quarters and subsistence allowances to World War
II veterans who served as guerrilla fighters in the Philippines.
Sec. 656. Space available travel for members of Selected Reserve.
Sec. 657. Study on military personnel at, near, or below the poverty line.
Sec. 658. Implementation of Department of Defense supplemental food pro-
gram for military personnel outside the United States.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Expansion of retiree dental insurance plan to include surviving spouse
and child dependents of certain deceased members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Subtitle B—TRICARE Program
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Implementation of designated provider agreements for Uniformed
Services Treatment Facilities.
Sec. 722. Limitation on total payments.
Sec. 723. Continued acquisition of reduced-cost drugs.
Subtitle D—Other Changes to Existing Laws Regarding
Health Care Management
Sec. 731. Waiver or reduction of copayments under overseas dental program.
Sec. 732. Premium collection requirements for medical and dental insurance
programs.
Sec. 733. Consistency between CHAMPUS and Medicare in payment rates for
services.
Sec. 734. Use of personal services contracts for provision of health care services
and legal protection for providers.
Sec. 735. Portability of State licenses for Department of Defense health care
professionals.
Sec. 736. Standard form and requirements regarding claims for payment for
services.
Sec. 737. Medical personnel conscience clause.
Subtitle E—Other Matters
Sec. 741. Continued admission of civilians as students in physician assistant
training program of Army Medical Department.
Sec. 742. Emergency health care in connection with overseas activities of On-
Site Inspection Agency of Department of Defense.
Sec. 743. Comptroller General study of adequacy and effect of maximum allow-
able charges for physicians under CHAMPUS.
Sec. 744. Comptroller General study of Department of Defense pharmacy pro-
grams.
Sec. 745. Comptroller General study of Navy graduate medical education pro-
gram.
Sec. 746. Study of expansion of pharmaceuticals by mail program to include
additional Medicare-eligible covered beneficiaries.
Sec. 747. Comptroller General study of requirement for military medical facili-
ties in National Capital region.
Subtitle F—Persian Gulf Illness
Sec. 751. Definitions.
Sec. 752. Plan for health care services for Persian Gulf veterans.
Sec. 753. Comptroller General study of revised disability criteria for physical
evaluation boards.
Sec. 754. Improved medical tracking system for members deployed overseas in
contingency or combat operations.
Sec. 755. Report on plans to track location of members in a theater of oper-
ations.
Sec. 756. Report on plans to improve detection and monitoring of chemical, bio-
logical, and similar hazards in a theater of operations.
Sec. 757. Notice of use of investigational new drugs.
Sec. 758. Report on effectiveness of research efforts regarding Gulf War ill-
nesses.
Sec. 759. Persian Gulf illness clinical trials program.
Sec. 760. Sense of the Congress concerning Gulf War illness.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy
Sec. 801. Case-by-case waivers of domestic source limitations.
Sec. 802. Expansion of authority to enter into contracts crossing fiscal years
to all severable services contracts not exceeding a year.
Sec. 803. Clarification of vesting of title under contracts.
Sec. 804. Exclusion of disaster relief, humanitarian, and peacekeeping oper-
ations from restrictions on use of undefinitized contract ac-
tions.
Sec. 805. Limitation and report on payment of restructuring costs under de-
fense contracts.
Sec. 806. Authority relating to purchase of certain vehicles.
Sec. 807. Multiyear procurement contracts.
Sec. 808. Domestic source limitation amendments.
Sec. 809. Repeal of expiration of domestic source limitation for certain naval
vessel propellers.
Sec. 810. Audit of procurement of goods by military installations in the United
States.
Subtitle B—Other Matters
Sec. 821. Repeal of certain acquisition reports and requirements.
Sec. 822. Extension of authority for use of test and evaluation installations by
commercial entities.
Sec. 823. Requirement to develop and maintain list of firms not eligible for de-
fense contracts.
Sec. 824. Allowability of costs of employee stock ownership plans.
Sec. 825. Expansion of personnel eligible to participate in demonstration
project relating to acquisition workforce.
Sec. 826. Time for submission of annual report relating to Buy American Act.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Limitation on operation and support funds for the Office of the Sec-
retary of Defense.
Sec. 902. Components of National Defense University.
Sec. 903. Authorization for the Marine Corps University to employ civilian pro-
fessors.
Sec. 904. Center for the Study of Chinese Military Affairs.
Sec. 905. White House Communications Agency.
Sec. 906. Revision to required frequency for provision of policy guidance for
contingency plans.
Sec. 907. Termination of the Defense Airborne Reconnaissance Office.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year 1997 defense ap-
propriations.
Sec. 1004. Authorization of supplemental appropriations for fiscal year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding contracts for
which a small final payment is due.
Sec. 1008. United States Man and the Biosphere Program limitation.
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 Defense Reserve
Fleet.
Sec. 1022. Authority to enter into a long-term charter for a vessel in support
of the Surveillance Towed-Array Sensor (SURTASS) program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
Sec. 1024. Naming of a DDG–51 class destroyer the U.S.S. Thomas F.
Connolly.
Sec. 1025. Congressional review period with respect to transfer of the ex-U.S.S.
Midway (CV–41).
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.
Sec. 1032. Assignment of Department of Defense personnel to assist Immigra-
tion and Naturalization Service and Customs Service.
Sec. 1033. Annual report on development and deployment of narcotics detection
technologies.
Subtitle D—Miscellaneous Report Requirements and Repeals
Sec. 1041. Repeal of miscellaneous obsolete reports required by prior defense
authorization Acts.
Sec. 1042. Repeal of annual report requirement relating to training of special
operations forces with friendly foreign forces.
Sec. 1043. Report on anti-terrorism activities.
Subtitle E—Other Matters
Sec. 1051. Authority for special agents of the Defense Criminal Investigative
Service to execute warrants and make arrests.
Sec. 1052. Study of investigative practices of military criminal investigative or-
ganizations relating to sex crimes.
Sec. 1053. Technical and clerical amendments.
Sec. 1054. Display of POW/MIA flag.
Sec. 1055. Certification required before observance of moratorium on use by
Armed Forces of antipersonnel landmines.
Sec. 1056. Protection of safety-related information voluntarily provided by air
carriers.
Sec. 1057. National Guard Challenge Program to create opportunities for civil-
ian youth.
Sec. 1058. Lease of non-excess personal property of the military departments.
Sec. 1059. Commendation of members of the Armed Forces and Government
civilian personnel who served during the Cold War.
Sec. 1060. Prohibition of performance of military honors upon death of persons
convicted of capital crimes.
Sec. 1061. Study of United States capacitor and resistor industries.
Sec. 1062. Sense of the Congress on deployment of United States Armed
Forces abroad for environmental preservation activities.
Sec. 1063. Study of transfer of Modular Airborne Fire Fighting System.
Sec. 1064. Oversight of counter-terrorism and anti-terrorism programs and ac-
tivities of the United States.
Sec. 1065. Armament Retooling and Manufacturing Support Initiative.
TITLE XI—COOPERATIVE THREAT REDUCTION WITH
STATES OF FORMER SOVIET UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1998 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are submitted.
Sec. 1105. Limitation on use of funds until submission of certification.
Sec. 1106. Use of funds for chemical weapons destruction facility.
Sec. 1107. Limitation on use of funds for storage facility for Russian fissile
material.
Sec. 1108. Limitation on use of funds for weapons storage security.
Sec. 1109. Report to Congress on issues regarding payment of taxes or duties
on assistance provided to Russia under Cooperative Threat Re-
duction programs.
Sec. 1110. Limitation on obligation of funds for a specified period.
Sec. 1111. Availability of funds.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—General Matters
Sec. 1201. Reports to Congress relating to United States forces in Bosnia.
Sec. 1202. One-year extension of counterproliferation authorities.
Sec. 1203. Report on future military capabilities and strategy of the People’s
Republic of China.
Sec. 1204. Temporary use of general purpose vehicles and nonlethal military
equipment under acquisition and cross servicing agreements.
Sec. 1205. Defense burdensharing.
Sec. 1206. Presidential certifications concerning detargeting of Russian inter-
continental ballistic missiles.
Sec. 1207. Limitation on payments for cost of NATO expansion.
Sec. 1208. Sense of the Congress relating to level of United States military per-
sonnel in the Asia and Pacific region.
Sec. 1209. Sense of the Congress on need for Russian openness on the
Yamantau Mountain Project.
Sec. 1210. United States Armed Forces in Bosnia.
Sec. 1211. Limitation on support for law enforcement activities in Bosnia.
Sec. 1212. Presidential report on political and military conditions in Bosnia.
Subtitle B—Matters Relating To Prevention of Technology
Diversion
Sec. 1231. Findings.
Sec. 1232. Export approvals for supercomputers.
Sec. 1233. Report on exports of supercomputers.
Sec. 1234. Post-shipment verification of export of supercomputers.
TITLE XIII—DEFENSE PERSONNEL REFORMS
Sec. 1301. Reduction in personnel assigned to management headquaters and
headquarters support activities.
Sec. 1302. Additional reduction in defense acquisition workforce.
Sec. 1303. Availability of funds for separation pay for defense acquisition per-
sonnel.
Sec. 1304. Personnel reductions in United States Transportation Command.
TITLE XIV—DEFENSE BUSINESS PRACTICIES REFORMS
Subtitle A—Competitive Procurement Requirements
Sec. 1401. Competitive procurement of finance and accounting services.
Sec. 1402. Competitive procurement of services to dispose of surplus defense
property.
Sec. 1403. Competitive procurement of functions performed by Defense Infor-
mation Systems Agency.
Sec. 1404. Competitive procurement of printing and duplication services.
Sec. 1405. Competitive procurement of certain ophthalmic services.
Sec. 1406. Competitive procurement of commercial and industrial type func-
tions by defense agencies.
Subtitle B—Reform of Conversion Process
Sec. 1411. Development of standard forms regarding performance work state-
ment and request for proposal for conversion of certain oper-
ational functions of military installations.
Sec. 1412. Study and notification requirement for conversion of commercial and
industrial type functions to contractor performance.
Sec. 1413. Collection and retention of cost information data on contracted out
services and functions.
Subtitle C—Other Reforms
Sec. 1421. Reduction in overhead costs of inventory control points.
Sec. 1422. Consolidation of procurement technical assistance and electronic
commerce technical assistance.
Sec. 1423. Permanent authority regarding conveyance of utility systems.
TITLE XV—MISCELLANEOUS ADDITIONAL DEFENSE
REFORMS
Sec. 1501. Long-term charter contracts for acquisition of auxiliary vessels for
the Department of Defense.
Sec. 1502. Fiber-optics based telecommunications linkage of military installa-
tions.
Sec. 1503. Repeal of requirement for contractor guarantees on major weapons
systems.
Sec. 1504. Requirement relating to micro-purchases of commercial items.
Sec. 1505. Availability of simplified procedures to commercial item procure-
ments.
Sec. 1506. Termination of the Armed Services Patent Advisory Board.
Sec. 1507. Coordination of Department of Defense criminal investigations and
audits.
Sec. 1508. Department of Defense boards, commissions, and advisory commit-
tees.
Sec. 1509. Advances for payment of public services.
TITLE XVI—COMMISSION ON DEFENSE ORGANIZATION
AND STREAMLINING
Sec. 1601. Establishment of commission.
Sec. 1602. Duties of commission.
Sec. 1603. Reports.
Sec. 1604. Powers.
Sec. 1605. Commission procedures.
Sec. 1606. Personnel matters.
Sec. 1607. Miscellaneous administrative provisions.
Sec. 1608. Funding.
Sec. 1609. Termination of the commission.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin, California.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Naval Air Station,
Pascagoula, Mississippi, for which funds have been appro-
priated.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell Air
Force Base, Kansas, for which funds have been appropriated.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Correction in authorized uses of funds, McClellan Air Force Base,
California.
Sec. 2407. Modification of authority to carry out fiscal year 1995 projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Authorization of military construction projects for which funds have
been appropriated.
Sec. 2603. Army Reserve construction project, Salt Lake City, Utah.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2706. Extension of availability of funds for construction of Over-the-Hori-
zon Radar in Puerto Rico.
Sec. 2707. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Use of mobility enhancement funds for unspecified minor construc-
tion.
Sec. 2802. Limitation on use of operation and maintenance funds for facility
repair projects.
Sec. 2803. Leasing of military family housing, United States Southern Com-
mand, Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy savings and
water conservation activities.
Sec. 2805. Congressional notification requirements regarding use of Depart-
ment of Defense housing funds for investments in nongovern-
mental entities.
Subtitle B—Real Property And Facilities Administration
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Administrative expenses for certain real property transactions.
Sec. 2813. Disposition of proceeds from sale of Air Force Plant 78, Brigham
City, Utah.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Consideration of military installations as sites for new Federal facili-
ties.
Sec. 2822. Prohibition against conveyance of property at military installations
to State-owned shipping companies.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Land conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma.
Sec. 2832. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2833. Expansion of land conveyance, Indiana Army Ammunition Plant,
Charlestown, Indiana.
Sec. 2834. Modification of land conveyance, Lompoc, California.
Sec. 2835. Modification of land conveyance, Rocky Mountain Arsenal, Colorado.
Sec. 2836. Correction of land conveyance authority, Army Reserve Center, An-
derson, South Carolina.
Sec. 2837. Land conveyance, Fort Bragg, North Carolina.
Sec. 2838. Land conveyance, Gibson Army Reserve Center, Chicago, Illinois.
Sec. 2839. Land conveyance, Fort Dix, New Jersey.
PART II—NAVY CONVEYANCES
Sec. 2851. Correction of lease authority, Naval Air Station, Meridian, Mis-
sissippi.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. Study of land exchange options, Shaw Air Force Base, South Caro-
lina.
Sec. 2863. Land conveyance, March Air Force Base, California.
Sec. 2864. Land conveyance, Ellsworth Air Force Base, South Dakota.
Subtitle E—Other Matters
Sec. 2881. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2882. Long-term lease of property, Naples Italy.
Sec. 2883. Designation of military family housing at Lackland Air Force Base,
Texas, in honor of Frank Tejeda, a former Member of the
House of Representatives.
TITLE XXIX—SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Integrated natural resource management plans.
Sec. 2905. Review for preparation of integrated natural resource management
plans.
Sec. 2906. Annual reviews and reports.
Sec. 2907. Transfer of wildlife conservation fees from closed military installa-
tions.
Sec. 2908. Federal enforcement.
Sec. 2909. Natural resource management services.
Sec. 2910. Definitions.
Sec. 2911. Cooperative agreements.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Clerical amendments.
Sec. 2914. Authorizations of appropriations.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3127. Funds available for all national security programs of the Depart-
ment of Energy.
Sec. 3128. Authority relating to transfers of defense environmental manage-
ment funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Ballistic Missile Defense National Laboratory Program.
Subtitle D—Other Matters
Sec. 3141. Plan for stewardship, management, and certification of warheads in
the nuclear weapons stockpile.
Sec. 3142. Repeal of obsolete reporting requirements.
Sec. 3143. Study and funding relating to implementation of workforce restruc-
turing plans.
Sec. 3144. Extension of authority for appointment of certain scientific, engi-
neering, and technical personnel.
Sec. 3145. Report on proposed contract for Hanford Tank Waste Vitrification
project.
Sec. 3146. Limitation on conduct of subcritical nuclear weapons tests.
Sec. 3147. Limitation on use of certain funds until future use plans are submit-
ted.
Sec. 3148. Plan for external oversight of national laboratories.
Sec. 3149. University-based research center.
Sec. 3150. Stockpile stewardship program.
Sec. 3151. Reports on advanced supercomputer sales to certain foreign nations.
Sec. 3152. Transfers of real and personal property at certain Department of
Energy facilities.
Sec. 3153. Requirement to delegate certain authorities to site manager of Han-
ford Reservation.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
Sec. 3202. Plan for transfer of facilities from jurisdiction of Defense Nuclear
Facilities Safety Board to jurisdiction of Nuclear Regulatory
Commission.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of beryllium copper master alloy in National Defense
Stockpile.
Sec. 3303. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3304. Conditions on transfer of stockpiled platinum reserves for Treasury
use.
Sec. 3305. Restrictions on disposal of certain manganese ferro.
Sec. 3306. Required procedures for disposal of strategic and critical materials.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year
1998.
Sec. 3403. Termination of assignment of Navy officers to Office of Naval Pe-
troleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves Numbered 1 and
3.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Expenditures From Revolving
Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to Canal transition.
PART I—TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND
EMPLOYEES
Sec. 3521. Authority for the Administrator of the Commission to accept ap-
pointment as the Administrator of the Panama Canal Author-
ity.
Sec. 3522. Post-Canal Transfer Personnel Authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation of
Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for Commission
personnel no longer subject to Federal Travel Regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance pay for
certain employees separated by Panama Canal Authority after
Canal Transfer Date.
PART II—TRANSITION MATTERS RELATING TO OPERATION AND
ADMINISTRATION OF CANAL
Sec. 3541. Establishment of procurement system and board of contract appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory func-
tions relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
TITLE XXXVI—MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning relative
cost of shipbuilding in the various coastal districts of the Unit-
ed States.
Sec. 3603. Provisions relating to maritime security fleet program.
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey national defense reserve fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank vessel double
hull requirements.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Army as follows:
(1) For aircraft, $1,535,264,000.
(2) For missiles, $1,176,516,000.
(3) For weapons and tracked combat vehicles,
$1,519,527,000.
(4) For ammunition, $1,093,802,000.
(5) For other procurement, $2,640,277,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 1998 for procurement for the Navy
as follows:
(1) For aircraft, $6,172,950,000.
(2) For weapons, including missiles and tor-
pedoes, $1,214,687,000.
(3) 
For 
shipbuilding 
and 
conversion,
$7,654,977,000.
(4) For other procurement, $3,073,432,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1998 for procurement for
the Marine Corps in the amount of $442,807,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for procurement
of ammunition for the Navy and the Marine Corps in the
amount of $470,355,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $6,770,900,000.
(2) For missiles, $2,389,183,000.
(3) For ammunition, $436,984,000.
(4) For other procurement, $6,574,096,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for Defense-wide procurement in the
amount of $1,836,989,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement of aircraft, vehicles, com-
munications equipment, and other equipment for the re-
serve components of the Armed Forces as follows:
(1) 
For 
the 
Army 
National 
Guard,
$102,700,000.
(2) For the Air National Guard, $117,775,000.
(3) For the Army Reserve, $90,400,000.
(4) For the Naval Reserve, $118,000,000.
(5) For the Air Force Reserve, $167,630,000.
(6) 
For 
the 
Marine 
Corps 
Reserve,
$98,600,000.
(7) For the Coast Guard Reserve, $5,250,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Inspector General
of the Department of Defense in the amount of
$1,800,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 1998 the amount of $610,700,000 for—
(1) the destruction of lethal chemical agents
and munitions in accordance with section 1412 of
the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $279,068,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for the Department of Defense for carry-
ing out the Defense Export Loan Guarantee Program in
the total amount of $1,231,000.
Subtitle B—Other Matters
SEC. 121. LIMITATION ON OBLIGATION OF FUNDS FOR THE
SEAWOLF SUBMARINE PROGRAM.
(a) LIMITATION.—The Secretary of the Navy may
not obligate more than 50 percent of the funds appro-
priated for fiscal year 1998 for Shipbuilding and Conver-
sion for the Navy that are specified as being available for
the Seawolf submarine program until the Secretary cer-
tifies to the congressional defense committees that the
Secretary will include in the future-years defense program
accompanying the fiscal year 1999 budget for the Depart-
ment of Defense not less than 50 percent of the amount
necessary to fully fund incorporation into each of the first
four vessels in the New Attack Submarine program the
technology insertion opportunities specified in subsection
(b).
(b) TECHNOLOGY INSERTION OPPORTUNITIES.—The
technology insertion opportunities referred to in sub-
section (a) are those technology insertion opportunities
available for the first four vessels in the New Attack Sub-
marine program that were presented by the Assistant Sec-
retary of the Navy (Research, Development, and Acquisi-
tion) in testimony before the Procurement Subcommittee
of the Committee on National Security of the House of
Representatives on March 18, 1997.
SEC. 122. REPORT ON ANNUAL BUDGET SUBMISSION RE-
GARDING THE RESERVE COMPONENTS.
(a) IN GENERAL.—Chapter 1013 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 10544. Budget information
‘‘(a) REPORT.—The Secretary of Defense shall sub-
mit to the congressional committees specified in subsection
(d), at the same time that the President submits the budg-
et for a fiscal year under section 1105(a) of title 31, Unit-
ed States Code, a report on amounts requested in that
budget for the reserve components.
‘‘(b) CONTENT.—The report shall include the follow-
ing:
‘‘(1) A description of the anticipated effect that
the amounts requested (if approved by Congress)
will have to enhance the capabilities of each of the
reserve components.
‘‘(2) A listing, with respect to each such compo-
nent, of each of the following:
‘‘(A) The amount requested for each major
weapon system for which funds are requested in
the budget for that component.
‘‘(B) The amount requested for each item
of equipment (other than a major weapon sys-
tem) for which funds are requested in the budg-
et for that component.
‘‘(c) 
INCLUSION
OF
INFORMATION
IN
NEXT
FYDP.—The Secretary of Defense shall specifically dis-
play in the each future-years defense program (or program
revision) submitted to Congress under section 221 of this
title the amounts programmed for procurement of equip-
ment for each of the reserve components.
‘‘(d) CONGRESSIONAL COMMITTEES SPECIFIED.—
The congressional committees referred to in subsection (a)
are the following:
‘‘(1) The Committee on Armed Services and the
Committee on Appropriations of the Senate.
‘‘(2) The Committee on National Security and
the Committee on Appropriations of the House of
Representatives.
‘‘(e) EXCLUSION OF COAST GUARD RESERVE.—In
this section, the term ‘reserve components’ does not in-
clude the Coast Guard Reserve.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘10544. Budget information.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
(1) For the Army, $4,752,913,000.
(2) For the Navy, $7,946,996,000.
(3) For the Air Force, $14,659,736,000.
(4) 
For 
Defense-wide 
activities,
$9,914,080,000, of which—
(A) $279,683,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $23,384,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1998.—Of the amounts authorized
to be appropriated by section 201, $4,131,871,000 shall
be available for basic research and applied research
projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAM.
(a) FUNDING REQUIREMENT.—Of the amounts ap-
propriated pursuant to the authorizations in section 201
for the Department of Defense for science and technology
programs for each of fiscal years 1998 through 2001, at
least the following percentages of such amounts shall be
available in the applicable fiscal year only for dual-use
projects of the Department of Defense:
(1) For fiscal year 1998, 5 percent.
(2) For fiscal year 1999, 7 percent.
(3) For fiscal year 2000, 10 percent.
(4) For fiscal year 2001, 15 percent.
(b) SENIOR OFFICIAL FOR DUAL-USE PROGRAM.—
The person responsible for developing policy relating to,
and ensuring effective implementation of, the dual-use
technology program of the Department of Defense is the
senior official designated by the Secretary of Defense
under section 203(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2451).
(c) LIMITATION ON OBLIGATIONS.—(1) Except as
provided in paragraph (2), funds made available pursuant
to subsection (a) may not be obligated until the senior offi-
cial referred to in subsection (b) approves the obligation.
(2) Paragraph (1) does not apply with respect to
funds made available pursuant to subsection (a) to the De-
fense Advanced Research Projects Agency.
(3) Funds made available pursuant to subsection (a)
may be used for a dual-use project only if the contract,
cooperative agreement, or other transaction by which the
project is carried out is entered into through the use of
competitive procedures.
(d) TRANSFER AUTHORITY.—In addition to the
transfer authority provided in section 1001, the Secretary
of Defense may transfer funds made available pursuant
to subsection (a) for a dual-use project from a military
department or defense agency to another military depart-
ment or defense agency to ensure efficient implementation
of the dual-use technology program. The Secretary may
delegate the authority provided in the preceding sentence
to the senior official referred to in subsection (b).
(e) FEDERAL COST SHARE.—(1) The share contrib-
uted by the Secretary of a military department or the head
of a defense agency for the cost of a dual-use project dur-
ing fiscal years 1998, 1999, 2000, and 2001 may not be
greater than 50 percent of the cost of the project for that
fiscal year.
(2) In calculating the share of the costs of a dual-
use program contributed by a military department or a
non-Government entity, the Secretaries of the military de-
partments may not consider in-kind contributions.
(f) DEFINITIONS.—In this section, the terms ‘‘dual-
use technology program’’, ‘‘dual-use project’’, and ‘‘science
and technology program’’ have the meanings provided by
section 203(h) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2452).
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) FUNDING REQUIREMENT.—(1) Subject to para-
graph (2), the Secretary of Defense shall make available
each fiscal year for the Manufacturing Technology Pro-
gram the greater of the following amounts:
‘‘(A) 0.25 percent of the amount available for
the fiscal year concerned for the demonstration and
(1) an explanation of why the project or activity
is not duplicative of environmentally related re-
search, development, and demonstration activities of
other departments and agencies of the Federal Gov-
ernment, of State and local governments, or of other
organizations engaged in such activities; and
(2) an explanation of why the project or activity
is uniquely related to and necessary for the mission
of the Department of Defense.
(b) LIMITATION ON USE OF FUNDS PENDING SUB-
MISSION OF REPORT.—Not more than 50 percent of the
funds appropriated for the Strategic Environmental Re-
search and Development Program pursuant to the author-
ization of appropriations in section 201(4) may be ex-
pended until the Secretary of Defense submits the report
required under this section.
SEC. 213. TACTICAL UNMANNED AERIAL VEHICLES.
(a) PROHIBITION
ON
FUNDING
FOR
OUTRIDER
ACTD PROGRAM.—No funds authorized to be appro-
priated under section 201 may be obligated for the Out-
rider Advanced Concept Technology Demonstration
(ACTD) program.
(b) FUNDING REQUIREMENTS.—Of the funds author-
ized to be appropriated for tactical unmanned aerial vehi-
cles (TUAV) under section 201—
(1) $10,000,000 shall be available to carry out
a competition for an unmanned aerial vehicle capa-
ble of vertical takeoff and landing; and
(2) $11,500,000 shall be available to provide a
Predator Unmanned Aerial Vehicle system equipped
with synthetic aperture radar and associated equip-
ment to facilitate the development of a common Tac-
tical Control System for unmanned aerial vehicles.
SEC. 214. REVISIONS TO MEMBERSHIP OF AND APPOINT-
MENT AUTHORITY FOR NATIONAL OCEAN RE-
SEARCH LEADERSHIP COUNCIL.
(a) MEMBERSHIP REVISIONS.—Section 7902(b) of
title 10, United States Code, is amended—
(1) by striking out paragraph (11); and
(2) in paragraph (17), by striking out ‘‘One
member’’ and inserting in lieu thereof ‘‘Not more
than four members’’.
(b) APPOINTMENT AUTHORITY REVISIONS.—Section
7902 of such title is amended—
(1) in paragraphs (14), (15), (16), and (17) of
subsection (b), by striking out ‘‘chairman’’ each
place it appears and inserting in lieu thereof ‘‘Presi-
dent’’; and
(2) by adding at the end the following new sub-
section:
‘‘(j) DELEGATION OF APPOINTMENT AUTHORITY.—
The President may delegate the authority to make ap-
pointments under subsection (b) to the head of a depart-
ment, without authority to redelegate.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 7902
of such title is further amended—
(A) in subsection (b), by redesignating para-
graphs (12), (13), (14), (15), (16), and (17) as
paragraphs (11), (12), (13), (14), (15), and (16), re-
spectively; and
(B) in subsection (d), by striking out ‘‘(14),
(15), (16), or (17)’’ and inserting in lieu thereof
‘‘(13), (14), (15), or (16)’’.
(2) Section 282 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2473) is amended by striking out subsection (c).
SEC. 215. MAINTENANCE AND REPAIR OF REAL PROPERTY
AT AIR FORCE INSTALLATIONS.
(a) IN GENERAL.—Chapter 949 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 9782. Maintenance and repair of real property
‘‘(a) ALLOCATION OF FUNDS.—The Secretary of the
Air Force shall allocate funds authorized to be appro-
priated by a provision described in subsection (c) and a
provision described in subsection (d) for maintenance and
repair of real property at military installations of the De-
partment of the Air Force without regard to whether the
installation is supported with funds authorized by a provi-
sion described in subsection (c) or (d).
‘‘(b) MIXING OF FUNDS PROHIBITED ON INDIVIDUAL
PROJECTS.—The Secretary of the Air Force may not com-
bine funds authorized to be appropriated by a provision
described in subsection (c) and funds authorized to be ap-
propriated by a provision described in subsection (d) for
an individual project for maintenance and repair of real
property at a military installation of the Department of
the Air Force.
‘‘(c) RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION FUNDS.—The provision described in this sub-
section is a provision of a national defense authorization
Act that authorizes funds to be appropriated for a fiscal
year to the Air Force for research, development, test, and
evaluation.
‘‘(d) OPERATION AND MAINTENANCE FUNDS.—The
provision described in this subsection is a provision of a
national defense authorization Act that authorizes funds
to be appropriated for a fiscal year to the Air Force for
operation and maintenance.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘9782. Maintenance and repair of real property.’’.
SEC. 216. EXPANSION OF ELIGIBILITY FOR DEFENSE EX-
PERIMENTAL PROGRAM TO STIMULATE COM-
PETITIVE RESEARCH.
Section 257 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; U.S.C.
2358 note) is amended by adding at the end of subsection
(d) the following new paragraph:
‘‘(3) In this section, the term ‘State’ means a
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Vir-
gin Islands, American Samoa, and the Common-
wealth of the Northern Mariana Islands.’’.
SEC. 217. BIOASSAY TESTING OF VETERANS EXPOSED TO
IONIZING 
RADIATION 
DURING 
MILITARY
SERVICE.
Of the amount provided in section 201(4),
$300,000 shall be available for the Nuclear Test Personnel
Review Program conducted by the Defense Special Weap-
ons Agency.
(3) the amount available for program element
63508N (Ship Hull Mechanical and Electrical Tech-
nology) is reduced by $5,000,000.
SEC. 220. REPORT ON OPERATIONAL FIELD ASSESSMENTS
PROGRAM.
(a) FINDING.—Congress recognizes the potential
value that the Department of Defense Operational Field
Assessments program, which is managed by the Director
of Operational Test and Evaluation, provides to the com-
manders of the Unified Combatant Commands with re-
spect to assessment of the effectiveness of near-term oper-
ational concepts and critical operational issues in quick-
response operational tests and evaluations.
(b) REPORT.—Not later than March 30, 1998, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the Operational Field As-
sessments program.
(c) CONTENT OF REPORT.—The report shall contain
the following:
(1) A review of the Operational Field Assess-
ments program which describes the goals and objec-
tives of the program, assessments by the program
conducted as of the date of the submission of the re-
port, and the results of those assessments.
(2) A description of the current management
and support structure of the program within the De-
partment of Defense, including a description of how
program responsibilities are assigned within the Of-
fice of the Secretary of Defense and a description of
the roles of the Joint Staff, the commanders of the
Unified Combatant Commands, and the military de-
partments.
(3) A description of future plans for the pro-
gram and funding requirements for those plans.
(4) Recommendations regarding additional stat-
utory authority that may be required for the pro-
gram.
Subtitle C—Ballistic Missile
Defense Programs
SEC. 231. BUDGETARY TREATMENT OF AMOUNTS RE-
QUESTED FOR PROCUREMENT FOR BALLIS-
TIC MISSILE DEFENSE PROGRAMS.
(a) REQUIREMENT FOR INCLUSION IN BUDGET OF
BMDO.—(1) Chapter 9 of title 10, United States Code,
is amended by inserting after section 222 the following
new section:
‘‘§ 224. Ballistic missile defense programs: amounts
for procurement
‘‘(a) REQUIREMENT.—Any amount in the budget
submitted to Congress under section 1105 of title 31 for
any fiscal year for procurement for the National Missile
Defense program or for any system that is part of the
core theater missile defense program shall be set forth
under the account of the Department of Defense for De-
fense-wide procurement and, within that account, under
the subaccount (or other budget activity level) for the Bal-
listic Missile Defense Organization.
‘‘(b) CORE THEATER BALLISTIC MISSILE DEFENSE
PROGRAM.—For purposes of this section, the core theater
missile defense program consists of the systems specified
in section 234 of the Ballistic Missile Defense Act of 1995
(10 U.S.C. 2431 note).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 222 the following new
item:
‘‘224. Ballistic missile defense programs: amounts for procurement.’’.
SEC. 232. COOPERATIVE BALLISTIC MISSILE DEFENSE PRO-
GRAM.
(a) REQUIREMENT FOR NEW PROGRAM ELEMENT.—
The Secretary of Defense shall establish a program ele-
ment for the Ballistic Missile Defense Organization, to be
referred to as the ‘‘Cooperative Ballistic Missile Defense
Program’’, to support technical and analytical cooperative
efforts between the United States and other nations that
contribute to United States ballistic missile defense capa-
bilities. All international cooperative ballistic missile de-
fense programs of the Department of Defense shall be
budgeted and administered through that program element.
(b) RELATIONSHIP
TO
OTHER
PROGRAM
ELE-
MENTS.—The program element established pursuant to
subsection (a) is in addition to the program elements for
activities of the Ballistic Missile Defense Organization re-
quired under section 251 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 233; 10 U.S.C. 221 note).
SEC. 233. DEPLOYMENT DATES FOR CORE THEATER MIS-
SILE DEFENSE PROGRAMS.
(a) CHANGE
IN
DEPLOYMENT
DATES.—Section
234(a) of the Ballistic Missile Defense Act of 1995 (sub-
title C of title II of Public Law 104–106; 110 Stat. 229;
10 U.S.C. 2431 note) is amended—
(1) in the matter preceding paragraph (1), by
striking out ‘‘, to be carried out so as to achieve the
specified capabilities’’;
(2) in paragraph (1), by striking out ‘‘, with a
first unit equipped (FUE) during fiscal year 1998’’;
(3) in paragraph (2), by striking out ‘‘Navy
Lower Tier (Area) system’’ and all that follows
through ‘‘fiscal year 1999’’ and inserting in lieu
thereof ‘‘Navy Area Defense system’’;
(4) in paragraph (3)—
(A) by striking out ‘‘with a’’ and inserting
in lieu thereof ‘‘to be carried out so as to
achieve a’’; and
(B) by striking out ‘‘fiscal year 1998’’ and
‘‘fiscal year 2000’’ and inserting in lieu thereof
‘‘fiscal year 2000’’ and ‘‘fiscal year 2004’’, re-
spectively; and
(5) in paragraph (4), by striking out ‘‘Navy
Upper Tier (Theater Wide) system, with’’ and in-
serting in lieu thereof ‘‘Navy Theater Wide system,
to be carried out so as to achieve’’.
(b) CONFORMING AMENDMENTS FOR PROGRAM ELE-
MENT NAME CHANGES.—Section 251(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 233; 10 U.S.C. 221 note) is
amended—
(1) in paragraph (2), by striking out ‘‘Navy
Lower Tier (Area) system’’ and inserting in lieu
thereof ‘‘Navy Area Defense system’’; and
(2) in paragraph (4), by striking out ‘‘Navy
Upper Tier (Theater Wide) system’’ and inserting in
lieu thereof ‘‘Navy Theater Wide system’’.
SEC. 234. ANNUAL REPORT ON THREAT POSED TO THE
UNITED STATES BY WEAPONS OF MASS DE-
STRUCTION, 
BALLISTIC 
MISSILES, 
AND
CRUISE MISSILES.
(a) ANNUAL REPORT.—The Secretary of Defense
shall submit to Congress by January 30 of each year a
report on the threats posed to the United States and allies
of the United States—
(1) by weapons of mass destruction, ballistic
missiles, and cruise missiles; and
(2) by the proliferation of weapons of mass de-
struction, ballistic missiles, and cruise missiles.
(b) CONSULTATION.—Each report submitted under
subsection (a) shall be prepared in consultation with the
Director of Central Intelligence.
(c) MATTERS TO BE INCLUDED.—Each report sub-
mitted under subsection (a) shall include the following:
(1) Identification of each foreign country and
non-State organization that possesses weapons of
mass destruction, ballistic missiles, or cruise mis-
siles, and a description of such weapons and missiles
with respect to each such foreign country and non-
State organization.
(2) A description of the means by which any
foreign country and non-State organization that has
achieved capability with respect to weapons of mass
destruction, ballistic missiles, or cruise missiles has
achieved that capability, including a description of
the international network of foreign countries and
private entities that provide assistance to foreign
countries and non-State organizations in achieving
that capability.
(3) An examination of the doctrines that guide
the use of weapons of mass destruction in each for-
eign country that possesses such weapons.
(4) An examination of the existence and imple-
mentation of the control mechanisms that exist with
respect to nuclear weapons in each foreign country
that possesses such weapons.
(5) Identification of each foreign country and
non-State organization that seeks to acquire or de-
velop (indigenously or with foreign assistance) weap-
ons of mass destruction, ballistic missiles, or cruise
missiles, and a description of such weapons and mis-
siles with respect to each such foreign country and
non-State organization.
(6) An assessment of various possible timelines
for the achievement by foreign countries and non-
State organizations of capability with respect to
weapons of mass destruction, ballistic missiles, and
cruise missiles, taking into account the probability of
whether the Russian Federation and the People’s
Republic of China will comply with the Missile Tech-
nology Control Regime, the potential availability of
assistance from foreign technical specialists, and the
potential for independent sales by foreign private en-
tities without authorization from their national Gov-
ernments.
(7) For each foreign country or non-State orga-
nization that has not achieved the capability to tar-
get the United States or its territories with weapons
of mass destruction, ballistic missiles, or cruise mis-
siles as of the date of the enactment of this Act, an
estimate of how far in advance the United States is
likely to be warned before such foreign country or
non-State organization achieves that capability.
(8) For each foreign country or non-State orga-
nization that has not achieved the capability to tar-
get members of the United States Armed Forces de-
ployed abroad with weapons of mass destruction,
ballistic missiles, or cruise missiles as of the date of
the enactment of this Act, an estimate of how far in
advance the United States is likely to be warned be-
fore such foreign country or non-State organization
achieves that capability.
(d) CLASSIFICATION.—Each report under subsection
(a) shall be submitted in classified and unclassified form.
SEC. 235. DIRECTOR OF BALLISTIC MISSILE DEFENSE OR-
GANIZATION.
(a) IN GENERAL.—Subchapter II of chapter 8 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 203. Director of Ballistic Missile Defense Organiza-
tion
‘‘(a) GRADE.—The position of Director of the Ballis-
tic Missile Defense Organization—
‘‘(1) may only be held by an officer of the
armed forces on the active-duty list; and
‘‘(2) shall be designated under section 601 of
this title as a position of importance and responsibil-
ity to carry the grade of general or admiral or lieu-
tenant general or vice admiral.
‘‘(b) LINE OF AUTHORITY TO SECRETARY OF DE-
FENSE.—The Director of the Ballistic Missile Defense Or-
ganization reports directly to the Secretary of Defense and
(if so directed by the Secretary) the Deputy Secretary of
Defense, without intervening review or approval by any
other officer of the Department of Defense, with respect
to all matters pertaining to the management of ballistic
missile defense programs for which the Director has re-
sponsibility (including matters pertaining to the status of
those programs and the budgets for those programs).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘203. Director of Ballistic Missile Defense Organization.’’.
SEC. 236. TACTICAL HIGH ENERGY LASER PROGRAM.
(a) TRANSFER OF PROGRAM.—The Secretary of De-
fense shall transfer the Tactical High Energy Laser pro-
gram from the Secretary of the Army to the Director of
the Ballistic Missile Defense Organization, to be carried
out under the Cooperative Ballistic Missile Defense Pro-
gram established pursuant to section 232(a).
(b) AUTHORIZATION.—Of the amount authorized to
be appropriated in section 201, $38,200,000 is authorized
for the Tactical High Energy Laser program.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $17,185,034,000.
(2) For the Navy, $21,372,699,000.
(3) For the Marine Corps, $2,381,245,000.
(4) For the Air Force, $18,745,985,000.
(5) 
For 
Defense-wide 
activities,
$10,030,057,000.
(6) For the Army Reserve, $1,202,891,000.
(7) For the Naval Reserve, $849,711,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$110,366,000.
(9) For the Air Force Reserve, $1,629,120,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,266,432,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,985,969,000.
(12) For the Defense Inspector General,
$136,580,000.
(13) For the United States Court of Appeals
for the Armed Forces, $6,952,000.
(14) For Environmental Restoration, Army,
$377,337,000.
(15) For Environmental Restoration, Navy,
$277,500,000.
(16) For Environmental Restoration, Air Force,
$378,900,000.
(17) For Environmental Restoration, Defense-
wide, $27,900,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $202,300,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $661,671,000.
(21) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $10,000,000.
(22) 
For 
Medical 
Programs, 
Defense,
$9,975,382,000.
(23) For Cooperative Threat Reduction pro-
grams, $284,700,000.
(24) For Overseas Contingency Operations
Transfer Fund, $1,467,500,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1998 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$971,952,000.
(2) For the National Defense Sealift Fund,
$1,181,626,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1998 from the Armed Forces Retirement Home
Trust Fund the sum of $79,977,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $150,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section
1001.
SEC. 305. REFURBISHMENT AND INSTALLATION OF AIR
SEARCH RADAR.
Of the amount authorized to be appropriated pursu-
ant to section 301(2) for operation and maintenance for
the Navy, $6,000,000 shall be available only for the refur-
bishment and installation of the AN/SPS-48E air search
radar for the Ship Self Defense System at the Integrated
Ship Defense Systems Engineering Center, Naval Surface
Warfare Center, Wallops Islands, Virginia.
SEC. 306. REFURBISHMENT OF M1–A1 TANKS.
Of the amount authorized to be appropriated pursu-
ant to section 301(1) for operation and maintenance for
the Army, $35,000,000 shall be available only for refur-
bishment of M1–A1 tanks at the Anniston Army Depot
under the AIM-XXI program if the Secretary of Defense
determines that the cost effectiveness of the pilot AIM-
XXI program is validated through user trials conducted
at the National Training Center, Fort Irwin, California.
SEC. 307. PROCUREMENT AND ELECTRONIC COMMERCE
TECHNICAL ASSISTANCE PROGRAM.
(a) AUTHORIZATION.—Subject to subsection (c), of
the amount authorized to be appropriated under section
301(5), $15,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
(b) PROHIBITION.—Subject to subsection (c), the
Secretary of Defense may not obligate or expend any
funds available for research, development, test, and eval-
uation to establish or operate a resource center or pro-
gram to provide technical assistance relating to electronic
commerce.
(c) LIMITATION.—Subsections (a) and (b) apply only
in the event of the consolidation of the procurement tech-
nical assistance program and the electronic commerce re-
source program as a single technical assistance program
funded with amounts available for operation and mainte-
nance.
Subtitle B—Military Readiness
Issues
SEC. 311. EXPANSION OF SCOPE OF QUARTERLY READI-
NESS REPORTS.
(a) EXPANDED REPORTS REQUIRED.—Section 482
of title 10, United States Code, is amended to read as
follows:
‘‘§ 482. Quarterly readiness reports
‘‘(a) QUARTERLY REPORTS REQUIRED.—Not later
than 30 days after the end of each calendar-year quarter,
the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a re-
port on military readiness. The report for a quarter shall
contain the information required by subsections (b) (d),
and (e).
‘‘(b) READINESS PROBLEMS
AND REMEDIAL AC-
TIONS.—Each report shall specifically describe—
‘‘(1) readiness problems or deficiencies identi-
fied using the assessments considered under sub-
section (c);
‘‘(2) planned remedial actions; and
‘‘(3) the key indicators and other relevant infor-
mation related to the identified problem or defi-
ciency.
‘‘(c) 
CONSIDERATION
OF
READINESS
ASSESS-
MENTS.—The information required under subsection (b)
to be included in the report for a quarter shall be based
on readiness assessments that are provided during that
quarter—
‘‘(1) to any council, committee, or other body of
the Department of Defense—
‘‘(A) that has responsibility for readiness
oversight; and
‘‘(B) whose membership includes at least
one civilian officer in the Office of the Secretary
of Defense at the level of Assistant Secretary of
Defense or higher;
‘‘(2) by senior civilian and military officers of
the military departments and the commanders of the
unified and specified commands; and
‘‘(3) as part of any regularly established proc-
ess of periodic readiness reviews for the Department
of Defense as a whole.
‘‘(d) COMPREHENSIVE READINESS INDICATORS.—
Each report shall also include information regarding each
military department (and an evaluation of such informa-
tion) with respect to each of the following readiness indica-
tors:
‘‘(1) PERSONNEL STRENGTH.—
‘‘(A) Individual personnel status.
‘‘(B) Historical and projected personnel
trends.
‘‘(2) PERSONNEL TURBULENCE.—
‘‘(A) Recruit quality.
‘‘(B) Borrowed manpower.
‘‘(C) Personnel stability.
‘‘(3) OTHER PERSONNEL MATTERS.—
‘‘(A) Personnel morale.
‘‘(B) Medical and dental readiness.
‘‘(C) Recruit shortfalls.
‘‘(4) TRAINING.—
‘‘(A) Training unit readiness and pro-
ficiency.
‘‘(B) Operations tempo.
‘‘(C) Training funding.
‘‘(D) Training commitments and deploy-
ments.
‘‘(5) LOGISTICS—EQUIPMENT FILL.—
‘‘(A) Deployed equipment.
‘‘(B) Equipment availability.
‘‘(C) Equipment that is not mission capa-
ble.
‘‘(D) Age of equipment.
‘‘(E) Condition of nonpacing items.
‘‘(6) LOGISTICS—EQUIPMENT MAINTENANCE.—
‘‘(A) Maintenance backlog.
‘‘(7) LOGISTICS—SUPPLY.—
‘‘(A) Availability of ordnance and spares.
‘‘(e) UNIT READINESS INDICATORS.—Each report
shall also include information regarding the readiness of
each unit of the armed forces at the battalion, squadron,
or an equivalent level (or a higher level) that received a
readiness rating of C–3 (or below) for any month of the
calendar-year quarter covered by the report. With respect
to each such unit, the report shall separately provide the
following information:
‘‘(1) The unit designation and level of organiza-
tion.
‘‘(2) The overall readiness rating for the unit
for the quarter and each month of the quarter.
‘‘(3) The resource area or areas (personnel,
equipment and supplies on hand, equipment condi-
tion, or training) that adversely affected the unit’s
readiness rating for the quarter.
‘‘(4) If the unit received a readiness rating
below C–1 in personnel for the quarter, the primary
reason for the lower rating, by reason code and defi-
nition.
‘‘(5) If the unit received a readiness rating
below C–1 in equipment and supplies on hand for
the quarter, the primary reason for the lower rating,
by reason code and definition.
‘‘(6) If the unit received a readiness rating
below C–1 in equipment condition for the quarter,
the primary reason for the lower rating, by reason
code and definition.
‘‘(7) If the unit received a readiness rating
below C–1 in training for the quarter, the primary
reason for the lower rating, by reason code and defi-
nition.
‘‘(f) CLASSIFICATION OF REPORTS.—A report under
this section shall be submitted in unclassified form. To
the extent the Secretary of Defense determines necessary,
the report may also be submitted in classified form.’’.
(b) IMPLEMENTATION PLAN TO EXAMINE READI-
NESS INDICATORS.—Not later than January 15, 1998, the
Secretary of Defense shall submit to the congressional de-
fense committees a plan—
(1) specifying the manner in which the Sec-
retary will implement the additional reporting re-
quirement of subsection (d) of section 482 of title
10, United States Code, as added by this section;
and
(2) specifying the criteria proposed to be used
to evaluate the readiness indicators identified in
such subsection (d).
(c) LIMITATION PENDING RECEIPT OF IMPLEMENTA-
TION PLAN.—Of the amount available for fiscal year 1998
for operation and support activities of the Office of the
Secretary of Defense, 10 percent may not be obligated
until after the date on which the implementation plan re-
quired by subsection (b) is submitted.
(d) FIRST REPORT; TRANSITION.—The first report
required under section 482 of title 10, United States Code,
as amended by subsection (a), shall be submitted not later
than October 31, 1997. Until the report required for the
third quarter of 1998 is submitted, the Secretary of De-
fense may omit the information required by subsection (d)
of such section if the Secretary determines that it is im-
practicable to comply with such subsection with regard to
the preceding reports.
SEC. 312. LIMITATION ON REALLOCATION OF FUNDS WITH-
IN OPERATION AND MAINTENANCE APPRO-
PRIATIONS.
(a) LIMITATION.—Whenever the Secretary of De-
fense proposes to reallocate funds within an O&M budget
activity in a manner described in subsection (b), the re-
allocation may be made only—
(1) after the Secretary submits to the congres-
sional defense committees notice of the proposed re-
allocation; and
(2) if the procedures generally applicable to
transfers of funds between appropriations of the De-
partment of Defense have been followed with respect
to such reallocation.
(b) COVERED REALLOCATIONS.—Subsection (a) ap-
plies in the case of any reallocation of funds from a sub-
activity of an O&M budget activity to another subactivity
within the same O&M budget activity or to another O&M
budget activity within the same operation and mainte-
nance appropriation if the amount to be reallocated, when
added to any previous amounts reallocated from that sub-
activity for that fiscal year, is in excess of $10,000,000.
(c) O&M BUDGET ACTIVITY DEFINED.—For pur-
poses of this section, the term ‘‘O&M budget activity’’
means a budget activity within an operation and mainte-
nance appropriation of the Department of Defense for a
fiscal year.
(d) COVERED FISCAL YEARS.—This section applies
with respect to funds appropriated for fiscal years 1998,
1999, and 2000.
SEC. 313. OPERATION OF PREPOSITIONED FLEET, NA-
TIONAL TRAINING CENTER, FORT IRWIN,
CALIFORNIA.
Of the amount authorized to be appropriated pursu-
ant to section 301(1) for operation and maintenance for
the Army, $60,200,000 shall be available only to pay costs
associated with the operation of the prepositioned fleet of
equipment during training rotations at the National
Training Center, Fort Irwin, California.
SEC. 314. PROHIBITION OF IMPLEMENTATION OF TIERED
READINESS SYSTEM.
(a) PROHIBITION.—The Secretary of a military de-
partment may not implement, or be required to imple-
ment, a readiness system for units of the Armed Forces
under the jurisdiction of that Secretary under which a
military unit would be categorized into one of several cat-
egories (or ‘‘tiers’’) according to the likelihood that the
unit will be required to respond to a military conflict and
the time in which the unit will be required to respond,
if that system would have the effect of changing the meth-
ods used as of October 1, 1996, by the Armed Forces
under the jurisdiction of that Secretary for determining
the priorities for allocating to such military units funding,
personnel, equipment, equipment maintenance, and train-
ing resources, and the associated levels of readiness of
those units that result from those priorities.
(b) REPORT TO CONGRESS REQUESTING WAIVER.—
If the Secretary of Defense determines that implementa-
tion, for one or more of the Armed Forces, of a tiered
readiness system that is otherwise prohibited by sub-
section (a) would be in the national security interests of
the United States, the Secretary shall submit to the Com-
mittee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives
a report setting forth that determination of the Secretary,
together with the rationale for that determination, and a
request for the enactment of legislation to allow implemen-
tation of such a system.
SEC. 315. REPORTS ON TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
(a) ANNUAL
AND
QUARTERLY
REPORTS
RE-
QUIRED.—Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 483. Reports on transfers from high-priority readi-
ness appropriations
‘‘(a) ANNUAL REPORTS.—Not later than the date on
which the President submits the budget for a fiscal year
to Congress pursuant to section 1105 of title 31, the Sec-
retary of Defense shall submit to the Committee on Armed
Services and the Committee on Appropriations of the Sen-
ate and the Committee on National Security and the Com-
mittee on Appropriations of the House of Representatives
a report on transfers during the preceding fiscal year from
funds available for each covered budget activity.
‘‘(b) QUARTERLY REPORTS.—Not later than 30 days
after the end of each quarter of a fiscal year, the Secretary
of Defense shall submit to the congressional committees
specified in subsection (a) a report on transfers, during
that fiscal year quarter, from funds available for each cov-
ered budget activity.
‘‘(c) MATTERS TO BE INCLUDED.—In each report
under subsection (a) or (b), the Secretary of Defense shall
include for each covered budget activity the following:
‘‘(1) A statement, for the period covered by the
report, of—
‘‘(A) the total amount of transfers into
funds available for that activity;
‘‘(B) the total amount of transfers from
funds available for that activity; and
‘‘(C) the net amount of transfers into, or
out of, funds available for that activity.
‘‘(2) A detailed explanation of the transfers
into, and out of, funds available for that activity
during the period covered by the report.
‘‘(d) COVERED BUDGET ACTIVITY DEFINED.—In
this section, the term ‘covered budget activity’ means each
of the following:
‘‘(1) The budget activity groups (known as
‘subactivities’) within the Operating Forces budget
activity of the annual Operation and Maintenance,
Army, appropriation that are designated as follows:
‘‘(A) All subactivities under the category of
Land Forces.
‘‘(B) Land Forces Depot Maintenance.
‘‘(C) Base Support.
‘‘(D) Maintenance of Real Property.
‘‘(2) The Air Operations budget activity groups
(known as ‘subactivities’) within the Operating
Forces budget activity of the annual Operation and
Maintenance, Navy, appropriation that are des-
ignated as follows:
‘‘(A) Mission and Other Flight Operations.
‘‘(B) Fleet Air Training.
‘‘(C) Aircraft Depot Maintenance.
‘‘(D) Base Support.
‘‘(E) Maintenance of Real Property.
‘‘(3) The Ship Operations budget activity
groups (known as ‘subactivities’) within the Operat-
ing Forces budget activity of the annual Operation
and Maintenance, Navy, appropriation that are des-
ignated as follows:
‘‘(A) Mission and Other Ship Operations.
‘‘(B) Ship Operational Support and Train-
ing.
‘‘(C) Ship Depot Maintenance.
‘‘(D) Base Support.
‘‘(E) Maintenance of Real Property.
‘‘(4) The Expeditionary Forces budget activity
groups (known as ‘subactivities’) within the Operat-
ing Forces budget activity of the annual Operation
and Maintenance, Marine Corps, appropriation that
are designated as follows:
‘‘(A) Operational Forces.
‘‘(B) Depot Maintenance.
‘‘(C) Base Support.
‘‘(D) Maintenance of Real Property.
‘‘(5) The Air Operations and Combat Related
Operations budget activity groups (known as ‘sub-
activities’) within the Operating Forces budget activ-
ity of the annual Operation and Maintenance, Air
Force, appropriation that are designated as follows:
‘‘(A) Primary Combat Forces.
‘‘(B) Primary Combat Weapons.
‘‘(C) Air Operations Training.
‘‘(D) Depot Maintenance.
‘‘(E) Base Support.
‘‘(F) Maintenance of Real Property.
‘‘(6) The Mobility Operations budget activity
group (known as a ‘subactivity’) within the Mobiliza-
tion budget activity of the annual Operation and
Maintenance, Air Force, appropriation that is des-
ignated as Airlift Operations.
‘‘(e) TERMINATION.—The requirements specified in
subsections (a) and (b) shall terminate upon the submis-
sion of the annual report under subsection (a) covering
fiscal year 2000.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘483. Reports on transfers from high-priority readiness appropriations.’’.
SEC. 316. REPORT ON CHAIRMAN, JOINT CHIEFS OF STAFF
EXERCISE PROGRAM AND PARTNERSHIP FOR
PEACE PROGRAM.
(a) REPORT.—Not later than February 16, 1998, the
Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report
on the military exercises conducted by the Department of
Defense during fiscal years 1995, 1996, and 1997 and the
military exercises planned to be conducted during fiscal
years 1998, 1999, and 2000, under the training exercises
program known as the ‘‘CJCS Exercise Program’’ and
under the training exercises program known as the Part-
nership for Peace program.
(b) INFORMATION ON EXERCISES CONDUCTED OR TO
BE CONDUCTED.—The report under subsection (a) shall
include the following information for each such exercise,
which shall be set forth by fiscal year and shown within
fiscal year by the sponsoring command:
(1) Name of the exercise.
(2) Type, description, duration, and objectives
of the exercise
(3) Command sponsoring the exercise.
(4) Participating units, including the number of
personnel participating in each unit.
(5) For each participating unit, the percentage
of the tasks on that unit’s specification of tasks
knows as a Mission Essential Task List (or com-
parable specification, in the case of any of the
Armed Forces that do not maintain a Mission Es-
covered by the report. A report shall cover all preceding
quarters of the fiscal year involved.
‘‘(b) MANNER OF PRESENTING DATA.—The budget
execution data required under subsection (a) shall be dis-
played for the fiscal year involved in the same manner
used in the operation and maintenance tables contained
in the budget justification document entitled ‘O–1 Exhibit’
submitted to Congress in support of the budget of the De-
partment of Defense, as included in the budget of the
President submitted under section 1105 of title 31.
‘‘(c) REQUIRED INFORMATION.—The following infor-
mation shall be provided for each budget activity group:
‘‘(1) Amounts authorized to be appropriated.
‘‘(2) Amounts appropriated.
‘‘(3) Direct obligations.
‘‘(4) Total obligational authority.
‘‘(5) Amounts related to unbudgeted contin-
gency operations.
‘‘(6) Direct obligations related to unbudgeted
contingency operations.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 483, as added by section
315, the following new item:
‘‘484. Quarterly reports on execution of operation and maintenance appropria-
tions.’’.
is amended by inserting before section 2461 the following
new section:
‘‘§ 2460. Definition of depot-level maintenance and re-
pair
‘‘(a) IN GENERAL.—In this chapter, the term ‘depot-
level maintenance and repair’ means material maintenance
or repair requiring the overhaul, upgrading, or rebuilding
of parts, assemblies, or subassemblies, and the testing and
reclamation of equipment as necessary, regardless of the
source of funds for the maintenance or repair. The term
includes all aspects of software maintenance and such por-
tions of interim contractor support, contractor logistics
support, or any similar contractor support for the per-
formance of services that are described in the preceding
sentence.
‘‘(b) EXCEPTION.—The term does not include the
procurement of a major weapon system modification or
upgrade, except where the changes to the system are pri-
marily for safety reasons, to correct a deficiency, or to im-
prove program performance.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting before the item relating
to section 2461 the following new item:
‘‘2460. Definition of depot-level maintenance and repair.’’.
(b) RESTRICTION ON CERTAIN CONTRACTS.—Section
2469 of title 10, United States Code, is amended—
(1) in subsections (a) and (b), by striking out
‘‘or repair’’ and inserting in lieu thereof ‘‘and re-
pair’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) RESTRICTION ON CONTRACTS AT CERTAIN FA-
CILITIES.—
‘‘(1) RESTRICTION.—The Secretary of Defense
may not enter into any contract for the performance
of depot-level maintenance and repair of weapon sys-
tems or other military equipment of the Department
of Defense, or for the performance of management
functions related to depot-level maintenance and re-
pair of such systems or equipment, at any military
installation where a depot-level maintenance and re-
pair facility was approved in 1995 for closure under
the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note). In the preceding sentence, the
term ‘military installation’ includes a former military
installation closed under the Act that was a military
installation when it was approved for closure under
the Act.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply with respect to an installation or former in-
113
in the account. Unobligated funds remaining in the ac-
count on that date shall be held in the account until trans-
ferred by law.
(f) ACCEPTANCE
OF VOLUNTARY SERVICES.—(1)
Notwithstanding section 1342 of title 31, United States
Code, the Secretary of Defense may accept from any per-
son voluntary services to be provided in furtherance of the
commemorative programs authorized by subsection (a).
(2) A person providing voluntary services under this
subsection shall be considered to be a Federal employee
for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work-related injuries. The
person shall also be considered a special governmental em-
ployee for purposes of standards of conduct and sections
202, 203, 205, 207, 208, and 209 of title 18, United
states Code. A person who is not otherwise employed by
the Federal Government shall not be considered to be a
Federal employee for any other purpose by reason of the
provision of voluntary services under this subsection.
(3) The Secretary may provide for reimbursement of
incidental expenses incurred by a person providing vol-
untary services under this subsection. The Secretary shall
determine which expenses are eligible for reimbursement
under this paragraph.
269
‘‘(C) A member whose dependents actually
move from their place of residence under cir-
cumstances described 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 depend-
ents actually move or, in the case of a member with-
out dependents, 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
CERTAIN CIRCUMSTANCES.—(1) Under regulations pre-
scribed by the Secretary concerned, whenever a member
is entitled to a dislocation allowance as a member de-