In the Senate of the United States,
July 11, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 1119) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1998 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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 Author-
izations.
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(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(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.
Sec. 110. Reduction in authorizations of appropriations.
Subtitle B—Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for AH–64D Longbow Apache fire
control radar.
Sec. 113. Multiyear procurement authority for family of medium tactical vehicles.
Subtitle C—Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. Nuclear aircraft carrier program.
Sec. 123. Exception to cost limitation for Seawolf submarine program.
Sec. 124. Airborne self-protection jammer program.
Subtitle D—Air Force Programs
Sec. 131. B–2 bomber aircraft program.
Sec. 132. ALR radar warning receivers.
Subtitle E—Other Matters
Sec. 141. Prohibition on use of funds for acquisition or alteration of private dry-
docks.
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Sec. 142. Replacement of engines on aircraft derived from Boeing 707 aircraft.
Sec. 143. Exception to requirement for a particular determination for sales of
manufactured articles or services of Army industrial facilities
outside the United States.
Sec. 144. NATO Joint Surveillance/Target Attack Radar System.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Joint Strike Fighter program.
Sec. 212. F–22 aircraft program.
Sec. 213. High Altitude Endurance Unmanned Vehicle Program.
Sec. 214. Advanced Anti-Radiation Guided Missile Program.
Sec. 215. Federally funded research and development centers.
Sec. 216. Goal for dual-use science and technology projects.
Sec. 217. Transfers of authorizations for counterproliferation support program.
Sec. 218. Kinetic energy tactical anti-satellite technology program.
Sec. 219. Clementine 2 micro-satellite development program.
Sec. 220. Bioassay testing of veterans exposed to ionizing radiation during mili-
tary service.
Sec. 221. DOD/VA Cooperative Research Program.
Sec. 222. Multitechnology integration in mixed-mode electronics.
Sec. 223. Facial recognition technology program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 225. National Missile Defense Program.
Sec. 226. Reversal of decision to transfer procurement funds from the Ballistic
Missile Defense Organization.
Subtitle D—Other Matters
Sec. 231. Manufacturing technology program.
Sec. 232. Use of major range and test facility installations by commercial enti-
ties.
Sec. 233. Eligibility for the Defense experimental program to stimulate competi-
tive research.
Sec. 234. Restructuring of National Oceanographic Partnership Program organi-
zations.
Sec. 235. Demonstration program on explosives demilitarization technology.
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. Fisher House Trust Funds.
Sec. 306. Funds for operation of Fort Chaffee, Arkansas.
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Subtitle B—Depot-Level Activities
Sec. 311. Percentage limitation on performance of depot-level maintenance of ma-
teriel.
Sec. 312. Centers of Industrial and Technical Excellence.
Sec. 313. Clarification of prohibition on management of depot employees by con-
straints on personnel levels.
Sec. 314. Annual report on depot-level maintenance and repair.
Sec. 315. Report on allocation of core logistics activities among Department of
Defense facilities and private sector facilities.
Sec. 316. Review of use of temporary duty assignments for ship repair and main-
tenance.
Sec. 317. Repeal of a conditional repeal of certain depot-level maintenance and
repair laws and a related reporting requirement.
Sec. 318. Extension of authority for naval shipyards and aviation depots to en-
gage in defense-related production and services.
Sec. 319. Realignment of performance of ground communication-electronic work-
load.
Subtitle C—Environmental Provisions
Sec. 331. Clarification of authority relating to storage and disposal of nondefense
toxic and hazardous materials on Department of Defense prop-
erty.
Sec. 332. Annual report on payments and activities in response to fines and pen-
alties assessed under environmental laws.
Sec. 333. Annual report on environmental activities of the Department of Defense
overseas.
Sec. 334. Membership terms for Strategic Environmental Research and Develop-
ment Program Scientific Advisory Board.
Sec. 335. Additional information on agreements for agency services in support of
environmental technology certification.
Sec. 336. Risk assessments under the Defense Environmental Restoration Pro-
gram.
Sec. 337. Recovery and sharing of costs of environmental restoration at Depart-
ment of Defense sites.
Sec. 338. Pilot program for the sale of air pollution emission reduction incen-
tives.
Sec. 339. Tagging system for identification of hydrocarbon fuels used by the De-
partment of Defense.
Sec. 340. Procurement of recycled copier paper.
Sec. 341. Report on options for the diposal of chemical weapons and agents.
Subtitle D—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 351. Funding sources for construction and improvement of commissary store
facilities.
Sec. 352. Integration of military exchange services.
Subtitle E—Other Matters
Sec. 361. Advance billings for working-capital funds.
Sec. 362. Center for Excellence in Disaster Management and Humanitarian As-
sistance.
Sec. 363. Administrative actions adversely affecting military training or other
readiness activities.
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Sec. 364. Financial assistance to support additional duties assigned to Army Na-
tional Guard.
Sec. 365. Sale of excess, obsolete, or unserviceable ammunition and ammunition
components.
Sec. 366. Inventory management.
Sec. 367. Warranty claims recovery pilot program.
Sec. 368. Adjustment and diversification assistance to enhance increased perform-
ance of military family support services by private sector
sources.
Sec. 369. Multitechnology automated reader card demonstration program.
Sec. 370. Contracting for procurement of capital assets in advance of availability
of funds in the working-capital fund financing the procurement.
Sec. 371. Contracted training flight services.
Subtitle F—Sikes Act Improvement
Sec. 381. Short title; references.
Sec. 382. Preparation of integrated natural resources management plans.
Sec. 383. Review for preparation of integrated natural resources management
plans.
Sec. 384. Transfer of wildlife conservation fees from closed military installations.
Sec. 385. Annual reviews and reports.
Sec. 386. Cooperative agreements.
Sec. 387. Federal enforcement.
Sec. 388. Natural resource management services.
Sec. 389. Definitions.
Sec. 390. Repeal.
Sec. 391. Technical amendments.
Sec. 392. Authorizations of appropriations.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
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. Addition to end strengths for military technicians.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Personnel Management
Sec. 501. Officers excluded from consideration by promotion board.
Sec. 502. Increase in the maximum number of officers allowed to be frocked to
the grade of O–6.
Sec. 503. Availability of Navy chaplains on retired list or of retirement age to
serve as Chief or Deputy Chief of Chaplains of the Navy.
Sec. 504. Period of recall service of certain retirees.
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Sec. 505. Increased years of commissioned sevice for mandatory retirement of reg-
ular generals and admirals above major general and rear admi-
ral.
Subtitle B—Matters Relating to Reserve Components
Sec. 511. Termination of Ready Reserve Mobilization Income Insurance Program.
Sec. 512. Discharge or retirement of Reserve officers in an inactive status.
Sec. 513. Retention of military technicians in grade of brigadier general after
mandatory separation date.
Sec. 514. Federal status of service by National Guard members as honor guards
at funerals of veterans.
Subtitle C—Education and Training Programs
Sec. 521. Service academies foreign exchange study program.
Sec. 522. Programs of higher education of the Community College of the Air
Force.
Sec. 523. Preservation of entitlement to educational assistance of members of the
Selected Reserve serving on active duty in support of a contin-
gency operation.
Sec. 524. Repeal of certain staffing and safety requirements for the Army Ranger
Training Brigade.
Sec. 525. Flexibility in management of Junior Reserve Officers’ Training Corps.
Subtitle D—Decorations and Awards
Sec. 531. Clarification of eligibility of members of Ready Reserve for award of
service medal for heroism.
Sec. 532. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 533. One-year extension of period for receipt of recommendations for decora-
tions and awards for certain military intelligence personnel.
Sec. 534. Eligibility of certain World War II military organizations for award
of unit decorations.
Sec. 535. Retroactivity of Medal of Honor special pension.
Sec. 536. Cold War service medal.
Subtitle E—Military Personnel Voting Rights
Sec. 541. Short title.
Sec. 542. Guarantee of residency.
Sec. 543. State responsibility to guarantee military voting rights.
Subtitle F—Other Matters
Sec. 551. Sense of Congress regarding study of matters relating to gender equity
in the Armed Forces.
Sec. 552. Commission on Gender Integration in the Military.
Sec. 553. Sexual harassment investigations and reports.
Sec. 554. Requirement for exemplary conduct by commanding officers and other
authorities.
Sec. 555. Participation of Department of Defense personnel in management of
non-Federal entities.
Sec. 556. Technical correction to cross reference in ROPMA provision relating to
position vacancy promotion.
Sec. 557. Grade of defense attache in France.
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TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay
Sec. 601. Military pay raise for fiscal year 1998.
Subtitle B—Subsistence, Housing, and Other Allowances
PART I—REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE
Sec. 611. Revised entitlement and rates.
Sec. 612. Transitional basic allowance for subsistence.
Sec. 613. Effective date and termination of transitional authority.
PART II—REFORM OF HOUSING AND RELATED ALLOWANCES
Sec. 616. Entitlement to basic allowance for housing.
Sec. 617. Rates of basic allowance for housing.
Sec. 618. Dislocation allowance.
Sec. 619. Family separation and station allowances.
Sec. 620. Other conforming amendments.
Sec. 621. Clerical amendment.
Sec. 622. Effective date.
PART III—OTHER AMENDMENTS RELATING TO ALLOWANCES
Sec. 626. Revision of authority to adjust compensation necessitated by reform of
subsistence and housing allowances.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C—Bonuses and Special and Incentive Pays
Sec. 631. One-year extension of certain bonuses and special pay authorities for
Reserve forces.
Sec. 632. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Sec. 633. One-year extension of authorities relating to payment of other bonuses
and special pays.
Sec. 634. Increased amounts for aviation career incentive pay.
Sec. 635. Aviation continuation pay.
Sec. 636. Eligibility of dental officers for the multiyear retention bonus provided
for medical officers.
Sec. 637. Increased special pay for dental officers.
Sec. 638. Modification of Selected Reserve reenlistment bonus authority.
Sec. 639. Modification of authority to pay bonuses for enlistments by prior serv-
ice personnel in critical skills in the Selected Reserve.
Sec. 640. Increased special pay and bonuses for nuclear qualified officers.
Sec. 641. Authority to pay bonuses in lieu of special pay for enlisted members
extending duty at designated locations overseas.
Sec. 642. Reserve affiliation agreement bonus for the Coast Guard.
Subtitle D—Retired Pay, Survivor Benefits, and Related
Matters
Sec. 651. One-year opportunity to discontinue participation in Survivor Benefit
Plan.
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Sec. 652. Time for changing survivor benefit coverage from former spouse to
spouse.
Sec. 653. Paid-up coverage under Survivor Benefit Plan.
Sec. 654. Annuities for certain military surviving spouses.
Subtitle E—Other Matters
Sec. 661. Eligibility of Reserves for benefits for illness, injury, or death incurred
or aggravated in line of duty.
Sec. 662. Travel and transportation allowances for dependents before approval of
a member’s court-martial sentence.
Sec. 663. Eligibility of members of the uniformed services for reimbursement of
adoption expenses.
Sec. 664. Subsistence of members of the Armed Forces above the poverty level.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Waiver of deductibles, copayments, and annual fees for members as-
signed to certain duty locations far from sources of care.
Sec. 702. Payment for emergency health care overseas for military and civilian
personnel of the On-Site Inspection Agency.
Sec. 703. Disclosures of cautionary information on prescription medications.
Sec. 704. Health care services for certain Reserves who served in Southwest Asia
during the Persian Gulf War.
Sec. 705. Collection of dental insurance premiums.
Sec. 706. Dental insurance plan coverage for retirees of uniformed service in the
Public Health Service and NOAA.
Sec. 707. Prosthetic devices for dependents.
Sec. 708. Sense of Congress regarding quality health care for retirees.
Sec. 709. Chiropractic Health Care Demonstration program.
Sec. 710. Authority for agreement for use of medical resource facility,
Alamagordo, New Mexico.
Sec. 711. Study concerning the provision of comparative information.
Subtitle B—Uniformed Services Treatment Facilities
Sec. 731. Implementation of designated provider agreements for uniformed serv-
ices treatment facilities.
Sec. 732. Limitation on total payments.
Sec. 733. Continued acquisition of reduced-cost drugs.
Subtitle C—Persian Gulf Illnesses
Sec. 751. Definitions.
Sec. 752
Plan for health care services for Persian Gulf veterans
Sec. 753. Improved medical tracking system for members deployed overseas in
contingency or combat operations.
Sec. 754. Report on plans to track location of members in a theater of operations.
Sec. 755. Report on plans to improve detection and monitoring of chemical, bio-
logical, and environmental hazards in a theater of operations.
Sec. 756. Notice of use of drugs unapproved for their intended usage.
Sec. 757. Report on effectiveness of research efforts regarding Gulf War illnesses.
Sec. 758. Persian Gulf illness clinical trials program.
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TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities,
Procedures, and Limitations
Sec. 801. Streamlined approval requirements for contracts under international
agreements.
Sec. 802. Restriction on undefinitized contract actions.
Sec. 803. Expansion of authority to cross fiscal years to all severable service con-
tracts not exceeding a year.
Sec. 804. Limitation on allowability of compensation for certain contractor per-
sonnel.
Sec. 805. Increased price limitation on purchases of right-hand drive vehicles.
Sec. 806. Conversion of defense capability preservation authority to Navy ship-
building capability preservation authority.
Sec. 807. Elimination of certification requirement for grants.
Sec. 808. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 809. Blanket waiver of certain domestic source requirements for foreign coun-
tries with certain cooperative or reciprocal relationships with the
United States.
Subtitle B—Contract Provisions
Sec. 811. Contractor guarantees of major systems.
Sec. 812. Vesting of title in the United States under contracts paid under
progress payment arrangements or similar arrangements.
Subtitle C—Acquisition Assistance Programs
Sec. 821. Procurement technical assistance programs.
Sec. 822. One-year extension of Pilot Mentor-Protege Program.
Sec. 823. Test program for negotiation of comprehensive subcontracting plans.
Sec. 824. Price preference for small and disadvantaged businesses.
Subtitle D—Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Content of limited selected acquisition reports.
Sec. 834. Unit cost reports.
Sec. 835. Central Department of Defense point of contact for contracting informa-
tion.
Subtitle E—Other Matters
Sec. 841. Defense business combinations.
Sec. 842. Lease of nonexcess property of Defense Agencies.
Sec. 843. Promotion rate for officers in an Acquisition Corps.
Sec. 844. Use of electronic commerce in Federal procurement.
Sec. 845. Conformance of policy on performance based management of civilian
acquisition programs with policy established for defense acquisi-
tion programs.
Sec. 846. Modification of process requirements for the solutions-based contacting
pilot program.
Sec. 847. Two-year extension of applicability of fulfillment standards for defense
acquisition workforce training requirements.
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Sec. 848. Department of Defense and Federal Prison Industries joint study.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Principal duty of Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
Sec. 902. Professional military education schools.
Sec. 903. Use of CINC Initiative Fund for force protection.
Sec. 904. Transfer of TIARA programs.
Sec. 905. Senior Representative of the National Guard Bureau.
Sec. 906. Center for Hemispheric Defense Studies.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year 1997 de-
fense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations for fis-
cal year 1997.
Sec. 1004. Increased transfer authority for fiscal year 1996 authorizations.
Sec. 1005. Biennial financial management strategic plan.
Sec. 1006. Revision of authority for Fisher House Trust Funds.
Sec. 1007. Availability of certain fiscal year 1991 funds for payment of contract
claim.
Sec. 1008. Estimates and requests for procurement and military construction for
the reserve components.
Sec. 1009. Cooperative threat reduction programs and related Department of En-
ergy programs.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Long-term charter of vessel for surveillance towed array sensor pro-
gram.
Sec. 1012. Procedures for sale of vessels stricken from the Naval Vessel Register.
Sec. 1013. Transfers of naval vessels to certain foreign countries.
Subtitle C—Counter-Drug Activities
Sec. 1021. Authority to provide additional support for counter-drug activities of
Mexico.
Sec. 1022. Authority to provide additional support for counter-drug activities of
Peru and Colombia.
Subtitle D—Reports and Studies
Sec. 1031. Repeal of reporting requirements.
Sec. 1032. Common measurement of operations tempos and personnel tempos.
Sec. 1033. Report on overseas deployment.
Sec. 1034. Report on military readiness requirements of the Armed Forces.
Sec. 1035. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 1036. Overseas infrastructure requirements.
Sec. 1037. Report on aircraft inventory.
Sec. 1038. Disposal of excess materials.
Sec. 1039. Review of former spouse protections.
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Sec. 1040. Additional matters for annual report on activities of the General Ac-
counting Office.
Sec. 1041. Eye safety at small arms firing ranges.
Sec. 1042. Report on policies and programs to promote healthy lifestyles among
members of the Armed Forces and their dependents.
Sec. 1043. Report on policies and practices relating to the protection of members
of the Armed Forces abroad from terrorist attack.
Sec. 1044. Report on Department of Defense family notification and assistance
procedures in cases of military aviation accidents.
Sec. 1045. Report on Helsinski Joint Statement.
Sec. 1046. Assessment of the Cuban threat to United States national security.
Sec. 1047. Fire protection and hazardous materials protection at Fort Meade,
Maryland.
Sec. 1048. Report to Congress assessing dependence on foreign sources for certain
resistors and capacitors.
Subtitle E—Other Matters
Sec. 1051. Psychotherapist-patient privilege in the Military Rules of Evidence.
Sec. 1052. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1053. Protection of Armed Forces personnel during peace operations.
Sec. 1054. Limitation on retirement or dismantlement of strategic nuclear deliv-
ery systems.
Sec. 1055. Acceptance and use of landing fees for use of overseas military airfields
by civil aircraft.
Sec. 1056. One-year extension of international nonproliferation initiative.
Sec. 1057. Arms control implementation and assistance for facilities subject to in-
spection under the Chemical Weapons Convention.
Sec. 1058. Sense of Senate regarding the relationship between environmental laws
and United States obligations under the Chemical Weapons Con-
vention.
Sec. 1059. Sense of Congress regarding funding for reserve component moderniza-
tion not requested in the annual budget request.
Sec. 1060. Authority of Secretary of Defense to settle claims relating to pay, al-
lowances, and other benefits
Sec. 1061. Coordination of access of commanders and deployed units to intel-
ligence collected and analyzed by the intelligence community.
Sec. 1062. Protection of imagery, imagery intelligence, and geospatial informa-
tion and data.
Sec. 1063. Protection of air safety information voluntarily provided by a charter
air carrier.
Sec. 1064. Sustainment and operation of Global Positioning System.
Sec. 1065. Law enforcement authority for special agents of the Defense Criminal
Investigative Service.
Sec. 1066. Repeal of requirement for continued operation of the Naval Academy
dairy farm.
Sec. 1067. POW/MIA intelligence analysis.
Sec. 1068. Protection of employees from retaliation for certain disclosures of clas-
sified information.
Sec. 1069. Applicability of certain pay authorities to members of the Commission
on Servicemembers and Veterans Transition Assistance.
Sec. 1070. Transfer of B–17 aircraft to museum.
Sec. 1071. Five-year extension of aviation insurance program.
Sec. 1072. Treatment of military flight operations.
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Sec. 1073. Naturalization of foreign nationals who served honorably in the Armed
Forces of the United States.
Sec. 1074. Designation of Bob Hope as honorary veteran.
Sec. 1075. Criminal prohibition on the distribution of certain information relat-
ing to explosives, destructive devices, and weapons of mass de-
struction.
Sec. 1076. Prohibition on provision of burial benefits to individuals convicted of
Federal capital offenses.
Sec. 1077. National POW/MIA Recognition Day.
Sec. 1078. Donation of excess Army chapel property to churches damaged or de-
stroyed by arson or other acts of terrorism.
Sec. 1079. Report on the command selection process for District Engineers of the
Army Corps of Engineers.
Sec. 1080. GAO study on certain computers.
Sec. 1081. Claims by members of the Armed Forces for loss of personal property
due to flooding in the Red River Basin.
Sec. 1082. Defense burdensharing.
Sec. 1083. Sense of the Senate regarding a follow-on force for Bosnia.
Sec. 1084. Advice to the President and Congress regarding the safety, security,
and reliability of United States nuclear weapons stockpile.
Sec. 1085. Limitation on use of cooperative threat reduction funds for destruction
of chemical weapons.
Sec. 1086. Restrictions on use of humans as experimental subjects in biological
and chemical weapons research.
Sec. 1087. Sense of the Senate regarding expansion of the North Atlantic Treaty
Organization.
Sec. 1088. Security, fire protection, and other services at property formerly asso-
ciated with Red River Army Depot, Texas.
Sec. 1089. Authority of the Secretary of Defense concerning disposal of assets
under cooperative agreements on air defense in Central Europe.
Sec. 1090. Restrictions on quantities of alcoholic beverages available for personnel
overseas through Department of Defense sources.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of Defense person-
nel.
Sec. 1102. Employment of civilian faculty at the Marine Corps University.
Sec. 1103. Extension and revision of voluntary separation incentive pay author-
ity.
Sec. 1104. Repeal of deadline for placement consideration of involuntarily sepa-
rated military reserve technicians.
Sec. 1105. Rate of pay of Department of Defense overseas teacher upon transfer
to General Schedule position.
Sec. 1106. Naturalization of employees of the George C. Marshall European Cen-
ter for Security Studies.
Sec. 1107. Garnishment and involuntary allotment.
Sec. 1108. Higher education pilot program for the Naval Undersea Warfare Cen-
ter.
TITLE XII—FEDERAL CHARTER FOR THE AIR FORCE
SERGEANTS ASSOCIATION
Sec. 1201. Recognition and grant of Federal charter.
Sec. 1202. Powers.
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Sec. 1203. Purposes.
Sec. 1204. Service of process.
Sec. 1205. Membership.
Sec. 1206. Board of directors.
Sec. 1207. Officers.
Sec. 1208. Restrictions.
Sec. 1209. Liability.
Sec. 1210. Maintenance and inspection of books and records.
Sec. 1211. Audit of financial transactions.
Sec. 1212. Annual report.
Sec. 1213. Reservation of right to alter, amend, or repeal charter.
Sec. 1214. Tax-exempt status required as condition of charter.
Sec. 1215. Termination.
Sec. 1216. Definition of State.
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. Authority to use certain prior year funds to construct a heliport at
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 Pascagoula Naval
Station, Mississippi, for which funds have been appropriated.
Sec. 2206. Increase in authorization for military construction projects at Roo-
sevelt Roads Naval Station, Puerto Rico.
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.
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Sec. 2406. Clarification of authority relating to fiscal year 1997 project at Naval
Station, Pearl Harbor, Hawaii.
Sec. 2407. Authority to use prior year funds to carry out certain Defense Agency
military construction projects.
Sec. 2408. Modification of authority to carry out fiscal year 1995 projects.
Sec. 2409. Availability of funds for fiscal year 1995 project relating to relocatable
over-the-horizon radar, Naval Station Roosevelt Roads, Puerto
Rico.
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 Army National Guard construction project, aviation
support facility, Hilo, Hawaii, for which funds have been appro-
priated.
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 authorization of fiscal year 1993 project.
Sec. 2705. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2706. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Increase in ceiling for minor land acquisition projects.
Sec. 2802. Sale of utility systems of the military departments.
Sec. 2803. Administrative expenses for certain real property transactions.
Sec. 2804. Use of financial incentives for energy savings and water cost savings.
Sec. 2805. Screening of real property to be conveyed by the Department of De-
fense.
Subtitle B—Land Conveyances
Sec. 2811. Modification of authority for disposal of certain real property, Fort
Belvoir, Virginia.
Sec. 2812. Correction of land conveyance authority, Army Reserve Center, Ander-
son, South Carolina.
Sec. 2813. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2814. Long-term lease of property, Naples, Italy.
Sec. 2815. Land conveyance, Topsham Annex, Naval Air Station, Brunswick,
Maine.
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Sec. 2816. Land conveyance, Naval Weapons Industrial Reserve Plant No. 464,
Oyster Bay, New York.
Sec. 2817. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2818. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2819. Modification of land conveyance authority, Rocky Mountain Arsenal,
Colorado.
Sec. 2820. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2821. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2822. Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana.
Sec. 2823. Land conveyance, Fort Bragg, North Carolina.
Subtitle C—Other Matters
Sec. 2831. Disposition of proceeds of sale of Air Force Plant No. 78, Brigham
City, Utah.
Sec. 2832. Report on closure and realignment of military bases.
Sec. 2833. Sense of Senate on utilization of savings derived from base closure
process.
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 environmental management privatization.
Sec. 3105. 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 activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Defense environmental management privatization projects.
Sec. 3132. International cooperative stockpile stewardship programs.
Sec. 3133. Modernization of enduring nuclear weapons complex.
Sec. 3134. Tritium production.
Sec. 3135. Processing, treatment, and disposition of spent nuclear fuel rods and
other legacy nuclear materials at the Savannah River Site.
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Sec. 3136. Limitations on use of funds for laboratory directed research and devel-
opment purposes.
Sec. 3137. Permanent authority for transfers of defense environmental manage-
ment funds.
Sec. 3138. Report on remediation under the Formerly Utilized Sites Remedial
Action Program.
Sec. 3139. Tritium production in commercial facilities.
Sec. 3140. Pilot program relating to use of proceeds of disposal or utilization of
certain Department of Energy assets.
Subtitle D—Other Matters
Sec. 3151. Administration of certain Department of Energy activities.
Sec. 3152. Modification and extension of authority relating to appointment of
certain scientific, engineering, and technical personnel.
Sec. 3153. Annual report on plan and program for stewardship, management,
and certification of warheads in the nuclear weapons stockpile.
Sec. 3154. Submittal of biennial waste management reports.
Sec. 3155. Repeal of obsolete reporting requirements.
Sec. 3156. Commission on safeguarding and security of nuclear weapons and ma-
terials at Department of Energy facilities.
Sec. 3157. Modification of authority on commission on maintaining United
States nuclear weapons expertise.
Sec. 3158. Land transfer, Bandelier National Monument.
Sec. 3159. Participation of national security activities in Hispanic outreach ini-
tiative of the Department of Energy.
Sec. 3160. Final settlement of Department of Energy community assistance pay-
ments to Los Alamos County under auspices of Atomic Energy
Community Act of 1955.
Sec. 3161. Designating the Y–12 plant in Oak Ridge, Tennessee as the National
Prototype Center.
Sec. 3162. Northern New Mexico educational foundation.
Sec. 3163. To authorize appropriations for the Greenville Road Improvement
Project, Livermore, California.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National Defense Stock-
pile.
Sec. 3304. Return of surplus platinum from the Department of the Treasury.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Leasing of certain oil shale reserves.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of Naval Petro-
leum and Oil Shale Reserves.
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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 appoint-
ment as the Administrator of the Panama Canal Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation of Com-
mission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for Commission per-
sonnel 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. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory functions
relating to employment classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
TITLE XXXVI—MISCELLANEOUS PROVISIONS
Sec. 3601. Commending Mexico on free and fair elections.
Sec. 3602. Sense of Congress regarding Cambodia.
Sec. 3603. Congratulating Governor Christopher Patten of Hong Kong.
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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 fis-
cal year 1998 for procurement for the Army as follows:
(1) For aircraft, $1,394,459,000.
(2) For missiles, $1,223,851,000.
(3) For weapons and tracked combat vehicles,
$1,179,107,000.
(4) For ammunition, $1,043,202,000.
(5) For other procurement, $2,903,730,000.
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:
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(1) For aircraft, $6,482,265,000.
(2) For weapons, including missiles and tor-
pedoes, $1,200,393,000.
(3) 
For 
shipbuilding 
and 
conversion,
$8,593,358,000.
(4) For ammunition for the Navy and Marine
Corps, $369,797,000.
(5) For other procurement, $3,177,700,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1998 for procurement for
the Marine Corps in the amount of $554,806,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 1998 for procurement for the Air Force as follows:
(1) For aircraft, $6,048,915,000.
(2) For missiles, $2,411,241,000.
(3) For ammunition, $420,784,000.
(4) For other procurement, $6,798,453,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 1998 for Defense-wide procurement in the amount
of $1,749,285,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fis-
cal year 1998 for procurement of aircraft, vehicles, commu-
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nications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $100,000,000.
(2) For the Air National Guard, $186,300,000.
(3) For the Army Reserve, $40,000,000.
(4) For the Naval Reserve, $40,000,000.
(5) For the Air Force Reserve, $246,700,000.
(6) For the Marine Corps Reserve, $40,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal 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 are hereby authorized to be appropriated for
fiscal year 1998 the amount of $614,700,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment 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 fis-
cal year 1998 for the Department of Defense for procure-
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ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $274,068,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fis-
cal year 1998 for the Department of Defense for carrying
out the Defense Export Loan Guarantee Program estab-
lished under section 2540 of title 10, United States Code,
in the total amount of $1,231,000.
SEC. 110. REDUCTION IN AUTHORIZATION OF APPROPRIA-
TIONS.
Notwithstanding any other provision of this Act, the
aggregate amount of funds available for Department of De-
fense, Army Procurement Advisory and Assistance Services
shall be reduced by $30,000,000.
Subtitle B—Army Programs
SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.
(a) LIMITATION.—Not more than 25 percent of the
amounts authorized to be appropriated pursuant to section
101(1), 105(1), or 105(3) for modifications or upgrades of
helicopters may be obligated before the date that is 30 days
after the Secretary of the Army submits to the congressional
defense committees a comprehensive plan for the moderniza-
tion of the Army’s helicopter fleet.
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(4) In paragraph (2)(A), the term ‘‘New Attack Sub-
marine Team Agreement’’ means the agreement known as
the Team Agreement between Electric Boat Corporation
and Newport News Shipbuilding and Drydock Company,
dated February 25, 1997, that was submitted to Congress
by the Secretary of the Navy on March 31, 1997.
(c) LIMITATION OF LIABILITY.—If a contract entered
into under this section is terminated, the United States
shall not be liable for termination costs in excess of the total
amount appropriated for the New Attack Submarine pro-
gram.
(d) REPEALS OF SUPERSEDED PROVISIONS OF PRE-
VIOUS DEFENSE AUTHORIZATION LAWS.—(1) Section 131
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 206) is amended—
(A) in subsection (a)(1)(B)—
(i) in clause (i), by striking out ‘‘, which
shall be built by Electric Boat Division’’; and
(ii) in clause (ii), by striking out ‘‘, which
shall be built by Newport News Shipbuilding’’;
and
(B) in subsection (b), by striking out paragraph
(1).
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(2) Section 121 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2441) is amended—
(A) in subsection (a)—
(i) in paragraph (1)(B), by striking out ‘‘to
be built by Electric Boat Division’’; and
(ii) in paragraph (1)(C), by striking out
‘‘to be built by Newport News Shipbuilding’’;
(B) in subsection (d), by striking out paragraph
(2);
(C) in subsection (e), by striking out paragraph
(1); and
(D) in subsection (g), by striking out ‘‘the com-
mittees specified in subsection (e)(1)’’ in paragraphs
(3) and(4) and inserting in lieu thereof ‘‘the Commit-
tee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representa-
tives’’.
(e) INAPPLICABILITY OF SUPERSEDED ASPECTS OF
ATTACK SUBMARINE DEVELOPMENT PLAN.—The Secretary
of Defense and the Secretary of the Navy are not required
to carry out the portions of the program plan submitted
under subsection (c) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 that are included
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in the plan pursuant to subparagraphs (A), (B), and (E)
of paragraph (2) of such subsection.
SEC. 122. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—
Of the amounts authorized to be appropriated by section
102(a)(3) for fiscal year 1998, $345,000,000 is available for
the procurement and construction of nuclear and non-nu-
clear components for the CVN–77 nuclear aircraft carrier
program. The Secretary of the Navy is authorized to enter
into a contract or contracts with the shipbuilder for the pro-
curement and construction of such components.
(b) AMOUNTS
AUTHORIZED
FROM
RDT&E AC-
COUNT.—Of the amounts authorized to be appropriated by
section 201(2) for fiscal year 1998, $35,000,000 is available
for research, development, test, and evaluation of tech-
nologies that have potential for use in the CVN–77 nuclear
aircraft carrier program.
(c) LIMITATION OF COSTS.—(1) The Secretary of the
Navy shall structure the procurement of CVN–77 nuclear
aircraft carrier and manage the program so that the CVN–
77 may be acquired for an amount not to exceed
$4,600,000,000.
(2) The Secretary of the Navy may adjust the amount
set forth in paragraph (1) for the program by the following
amounts:
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(A) The amounts of outfitting costs and post-de-
livery costs incurred for the program.
(B) The amounts of increases or decreases in
costs attributable to economic inflation after Septem-
ber 30, 1997.
(C) The amounts of increases or decreases in
costs attributable to compliance with changes in Fed-
eral, State, or local laws enacted after September 30,
1997.
(D) The amounts of increases or decreases in
costs of the program that are attributable to new tech-
nology built into the CVN–77 aircraft carrier, as
compared to the technology built into the baseline de-
sign of the CVN–76 aircraft carrier.
(E) The amounts of increases or decreases in
costs resulting from changes the Secretary proposes in
the funding plan of the Smart Buy proposal on which
the projected savings are based.
(3) The Secretary of the Navy shall submit to the con-
gressional defense committees annually, at the same time
as the submission of the budget under section 1105(a) of
title 31, United States Code, any changes in the amount
set forth in paragraph (1) that he has determined to be asso-
ciated with costs referred to in paragraph (2).
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SEC. 123. EXCEPTION TO COST LIMITATION FOR SEAWOLF
SUBMARINE PROGRAM.
In the application of the limitation in section 133(a)
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 211), there shall not
be taken into account $745,700,000 of the amounts that
were appropriated for procurement of Seawolf class sub-
marines before the date of the enactment of this Act (that
amount having been appropriated for fiscal years 1990,
1991, and 1992 for the procurement of SSN–23, SSN–24,
and SSN–25 Seawolf class submarines, which have been
canceled).
SEC. 124. AIRBORNE SELF-PROTECTION JAMMER PROGRAM.
(a) LIMITATION ON RESUMPTION OF SERIAL PRODUC-
TION.—Serial production of the airborne self-protection
jammer may not be resumed until the Director of Oper-
ational Test and Evaluation of the Department of Defense
has certified in writing to Congress that—
(1) the capabilities of the airborne self-protection
jammer exceed the capabilities of the integrated defen-
sive electronics countermeasure system that is under
development for use in F/A–18E/F aircraft;
(2) the units of the airborne self-protection
jammer to be produced are to be used in F/A–18E/
F aircraft; and
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(3) the deficiencies in the airborne self-protection
jammer noted by the Director before the date of the
enactment of this Act have been eliminated.
(b) LIMITATION ON OBLIGATION OF FUNDS.—No funds
authorized to be appropriated by this or any other Act may
be obligated for serial production of the airborne self-protec-
tion jammer until the Secretary of Defense has certified in
writing to Congress that funding is programmed for serial
production of the airborne self-protection jammer in the fu-
ture-years defense program.
Subtitle D—Air Force Programs
SEC. 131. B–2 BOMBER AIRCRAFT PROGRAM.
(a) PROHIBITION.—None of the funds authorized to be
appropriated in this or any other Act may be used—
(1) to procure any additional B–2 bomber air-
craft; or
(2) to maintain any part of the bomber indus-
trial base solely for the purpose of preserving the op-
tion to procure additional B–2 bomber aircraft in the
future.
(b) EXCEPTIONS.—The prohibition in subsection (a)
does not apply to—
(1) any B–2 bomber aircraft that is covered by
a contract for the production of that aircraft as of the
date of the enactment of this Act; or
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(2) any part of the bomber industrial base that
is necessary for producing all B–2 bomber aircraft re-
ferred to in paragraph (1), but only for so long as is
necessary to complete the production of such aircraft.
SEC. 132. ALR RADAR WARNING RECEIVERS.
(a) COST AND OPERATION EFFECTIVENESS ANALY-
SIS.—The Secretary of the Air Force shall conduct a cost
and operation effectiveness analysis of upgrading the
ALR69 radar warning receiver as compared with the fur-
ther acquisition of the ALR56M radar warning receiver.
(b) SUBMISSION TO CONGRESS.—The Secretary shall
submit the cost and operation effectiveness analysis to the
congressional defense committees not later than April 2,
1998.
Subtitle E—Other Matters
SEC. 141. PROHIBITION ON USE OF FUNDS FOR ACQUISI-
TION OR ALTERATION OF PRIVATE DRY-
DOCKS.
(a) PROHIBITION.—None of the funds authorized to be
appropriated by this or any other Act may be used, directly
or indirectly, to purchase, lease, upgrade, or modify pri-
vately-owned drydocks.
(b) EXCEPTIONS.—The prohibition in subsection (a)
does not apply to the following:
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(1) Any purchase, lease, upgrade, or modifica-
tion initiated before the date of the enactment of this
Act.
(2) Any installation of state-of-the-art technology
for a drydock that does not also increase the capacity
of the drydock.
SEC. 142. REPLACEMENT OF ENGINES ON AIRCRAFT DE-
RIVED FROM BOEING 707 AIRCRAFT.
(a) ANALYSIS REQUIRED.—The Under Secretary of
Defense for Acquisition and Technology shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on National Security of the House of Representatives
an analysis of the requirements of the Department of De-
fense for replacing engines on the aircraft of the department
that are derived from the Boeing 707 aircraft and the costs
of meeting the requirements.
(b) CONTENT.—The analysis shall include the follow-
ing:
(1) The number of aircraft described in sub-
section (a) that are in the inventory of the Depart-
ment of Defense and the number of such aircraft that
are projected to be in the inventory of the department
in 5 years, in 10 years, and in 15 years.
(2) For each type of such aircraft, the estimated
cost of operating the aircraft for each fiscal year after
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fiscal year 1997 and before fiscal year 2015, taking
into account historical patterns of usage and projected
support costs.
(3) For each type of such aircraft, the estimated
costs and the benefits of replacing the engines on the
aircraft, analyzed on the basis of the experience under
the limited program for replacing the engines on RC–
135 aircraft that was undertaken during fiscal years
1995, 1996, and 1997.
(4) The estimated total cost of replacing the en-
gines pursuant to a program that provides for re-
placement of the engines on all of the aircraft of one
type before undertaking the replacement of the engines
on the aircraft of another type, with a higher priority
being given in turn to each type of aircraft in which
the replacement of the engines is expected to yield the
anticipated benefits of replacement faster.
(5) Various plans for replacement of engines that
the Under Secretary considers best on the basis of
costs and benefits.
(c) SUBMISSION DEADLINE.—The Under Secretary
shall submit the report under this section not later than
March 1, 1998.
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SEC. 143. EXCEPTION TO REQUIREMENT FOR A PARTICU-
LAR DETERMINATION FOR SALES OF MANU-
FACTURED ARTICLES OR SERVICES OF ARMY
INDUSTRIAL FACILITIES OUTSIDE THE UNIT-
ED STATES.
Section 4543 of title 10, United States Code, is amend-
ed—
(1) in subsection (a)(5), by inserting ‘‘, except in
the case of a sale described in subsection (b),’’ after
‘‘the Secretary of the Army determines’’;
(2) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) EXCEPTION TO REQUIREMENT FOR A PARTICU-
LAR DETERMINATION.—A determination described in sub-
section (a)(5) is not necessary under the regulations in the
case of—
‘‘(1) a sale of articles to be incorporated into a
weapon system being procured by the Department of
Defense; or
‘‘(2) a sale of services to be used in the manufac-
ture of a weapon system being procured by the De-
partment of Defense.’’.
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SEC. 144. NATO JOINT SURVEILLANCE/TARGET ATTACK
RADAR SYSTEM.
(a) FUNDING.—Amounts authorized to be appro-
priated under this title and title II are available for a
NATO alliance ground surveillance capability that is based
on the Joint Surveillance/Target Attack Radar System of
the United States, as follows:
(1) Of the amount authorized to be appropriated
under section 101(5), $26,153,000.
(2) Of the amount authorized to be appropriated
under section 103(1), $10,000,000.
(3) Of the amount authorized to be appropriated
under section 201(1), $13,500,000.
(4) Of the amount authorized to be appropriated
under section 201(3), $26,061,000.
(b) AUTHORITY.—(1) Subject to paragraph (2), the
Secretary of Defense may utilize authority under section
2350b of title 10, United States Code, for contracting for
the purposes of Phase I of a NATO Alliance Ground Sur-
veillance capability that is based on the Joint Surveillance/
Target Attack Radar System of the United States, notwith-
standing the condition in such section that the authority
be utilized for carrying out contracts or obligations in-
curred under section 27(d) of the Arms Export Control Act
(22 U.S.C. 2767(d)).
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(2) The authority under paragraph (1) applies during
the period that the conclusion of a cooperative project agree-
ment for a NATO Alliance Ground Surveillance capability
under section 27(d) of the Arms Export control Act is pend-
ing, as determined by the Secretary of Defense.
(c) MODIFICATION
OF
AIR
FORCE
AIRCRAFT.—
Amounts available pursuant to paragraphs (2) and (4) of
subsection (a) may be used to provide for modifying two
Air Force Joint Surveillance/Target Attack Radar System
production aircraft to have a NATO Alliance Ground Sur-
veillance capability that is based on the Joint Surveillance/
Target Attack Radar System of the United States.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated for fiscal year 1998
for the use of the Department of Defense for research, devel-
opment, test, and evaluation as follows:
(1) For the Army, $4,750,462,000.
(2) For the Navy, $7,812,972,000.
(3) For the Air Force, $14,302,264,000.
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(4) For Defense-wide activities, $10,087,347,000,
of which—
(A) $268,183,000 is authorized for the ac-
tivities of the Director, Test and Evaluation; and
(B) $31,384,000 is authorized for the Direc-
tor of Operational Test and Evaluation.
(b) AVAILABILITY OF FUNDS FOR COUNTER-LANDMINE
TECHNOLOGIES.—Of the amounts available in section
201(4) for demining acitivity, the Secretary of Defense may
utilize $2,000,000 for the following activities:
(1) The development of technologies for detecting,
locating, and removing abandoned landmines.
(2) The operation of a test and evaluation facil-
ity at the Nevada Test Site, Nevada, for the testing
of the performance of such technologies.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. JOINT STRIKE FIGHTER PROGRAM.
(a) REPORT.—Not later than February 15, 1998, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the options for the sequence
in which the variants of the joint strike fighter are to be
produced and fielded.
(b) CONTENT OF REPORT.—The report shall contain
the following:
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(1) A review of the plan for production under the
Joint Strike Fighter program that was used by the
Department of Defense for developing the funding es-
timates for the fiscal year 1999 budget request for the
Department of Defense.
(2) An estimate of the costs, and an analysis of
the costs and benefits, of producing the joint strike
fighter variants in a sequence that provides for field-
ing of the naval variant of the aircraft first.
(3) A comparison of the costs and benefits of the
various options for the sequence for fielding the
variants of the joint strike fighter that the Secretary
of Defense considers likely to be the options from
among which a sequence for fielding is selected, in-
cluding a discussion of the effects that selection of
each such option would have on the costs and rates
of production of the units of F/A–18E/F and F–22
aircraft that are in production when the Joint Strike
Fighter Program proceeds into production.
(c) LIMITATION ON USE OF FUNDS PENDING SUBMIS-
SION OF REPORT.—Not more than 90 percent of the total
amount authorized to be appropriated under this Act for
the Joint Strike Fighter Program may be obligated until
the date that is 30 days after the date on which the congres-
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sional defense committees receive the report required under
this section.
(d) FISCAL YEAR 1998 BUDGET DEFINED.—In this
section, the term ‘‘fiscal year 1999 budget request for the
Department of Defense’’ means the budget estimates for the
Department of Defense for fiscal year 1999 that were sub-
mitted to Congress by the Secretary of Defense in connection
with the submission of the budget for fiscal year 1998 to
Congress under section 1105 of title 31, United States Code.
SEC. 212. F–22 AIRCRAFT PROGRAM.
(a) LIMITATION ON TOTAL COST OF ENGINEERING AND
MANUFACTURING DEVELOPMENT.—The total amount obli-
gated or expended for engineering and manufacturing de-
velopment under the F–22 aircraft program may not exceed
$18,688,000,000.
(b) LIMITATION ON TOTAL COST OF PRODUCTION.—
The total amount obligated or expended for the F–22 pro-
duction program may not exceed $43,000,000,000.
(c) LIMITATION ON OBLIGATION OF FUNDS.—Of the
total amount authorized to be appropriated for the F–22
aircraft program for a fiscal year, not more than 90 percent
of the amount may be obligated until the Comptroller Gen-
eral submits to Congress—
(1) the report required to be submitted in that
fiscal year under subsection (c); and
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(2) a certification that the Comptroller General
has had access to sufficient information to make in-
formed judgments on the matters covered by the re-
port.
(d) ANNUAL GAO REVIEW.—(1) Not later than Decem-
ber 1 of each year, the Comptroller General shall review
the F–22 aircraft program and submit to Congress a report
on the results of the review. The Comptroller General shall
also submit to Congress for each report a certification re-
garding whether the Comptroller General has had access to
sufficient information to make informed judgments on the
matters covered by the report.
(2) The report submitted on the program each year
shall include the following:
(A) The extent to which engineering and manu-
facturing development under the program is meeting
the goals established for engineering and manufactur-
ing development under the program.
(B) The status of costs, testing, and modifica-
tions.
(C) The plan for engineering and manufacturing
development (leading to production) under the pro-
gram for the fiscal year that begins in the following
year.
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(D) A conclusion regarding whether the plan re-
ferred to in subparagraph (C) can be successfully car-
ried out consistent with the limitation in subsection
(a).
(E) A conclusion regarding whether engineering
and manufacturing development (leading to produc-
tion) under the program is likely to be completed at
a total cost not in excess of the amount specified in
subsection (a).
(3) The Comptroller General shall submit the first re-
port under this subsection not later than December 1, 1997.
No report is required under this subsection after engineer-
ing and manufacturing development under the program has
been completed.
(e) REQUIREMENT TO SUPPORT ANNUAL GAO RE-
VIEW.—The Secretary of the Air Force and the prime con-
tractor under the F–22 aircraft program shall provide the
Comptroller General with such information on the program
as the Comptroller considers necessary to carry out the re-
sponsibilities under subsection (d).
SEC. 213. HIGH ALTITUDE ENDURANCE UNMANNED VEHI-
CLE PROGRAM.
(a) LIMITATION ON TOTAL COST OF ADVANCED CON-
CEPT
TECHNOLOGY
DEMONSTRATION.—(1) The total
amount obligated or expended for advanced concept tech-
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nology demonstration under the High Altitude Endurance
Unmanned Vehicle Program through fiscal year 2003 may
not exceed $476,826,000.
(2) The total amount obligated or expended in fiscal
year 1999, 2000, 2001, or 2002 for advanced concept tech-
nology demonstration under the High Altitude Endurance
Unmanned Vehicle Program may not exceed the amount
specified for that fiscal year, as follows:
(A) In fiscal year 1999, not more than
$167,864,000.
(B) In fiscal year 2000, not more than
$31,374,000.
(C) In fiscal year 2001, not more than
$19,106,000.
(D) In fiscal year 2002, not more than
$20,866,000.
(b) LIMITATION ON ACQUISITION.—No high altitude
endurance unmanned vehicle may be acquired after the date
of the enactment of this Act until 50 percent of the testing
programmed in the test and evaluation master plan (as of
such date) for the high altitude endurance unmanned vehi-
cle has been completed.
(c) LIMITATION ON PROCEEDING.—The High Altitude
Endurance Unmanned Vehicle Program may not proceed
beyond advanced concept technology demonstration until
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the Comptroller General has certified to Congress that the
high altitude endurance unmanned vehicles can be produced
under the program at an average unit cost that does not
exceed $10,000,000 (the so-called fly away price) in fiscal
year 1994 constant dollars.
(d) GAO REVIEW.—(1) The Comptroller General shall
review the High Altitude Endurance Unmanned Vehicle
Program for purposes of making the certification under sub-
section (c).
(2) The Secretary of Defense and the prime contractors
under the High Altitude Endurance Unmanned Vehicle
Program shall provide the Comptroller General with such
information on the program as the Comptroller considers
necessary to make the determinations required for the cer-
tification under subsection (c).
SEC. 214. ADVANCED ANTI-RADIATION GUIDED MISSILE
PROGRAM.
To the extent provided in appropriations Acts, the Sec-
retary of the Navy may use not more than $25,000,000 of
the amount appropriated for the Navy for fiscal year 1997
for research, development, test, evaluation for the Advanced
Anti-Radiation Guided Missile Program in order to fund
fiscal year 1998 research, development, test, and evaluation
programs of the Navy that have a higher priority than such
program.
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SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
(a) LIMITATION ON STAFF YEARS FUNDED.—Not more
than 6,206 staff years of technical effort (staff years) may
be funded for federally funded research and development
centers out of the funds authorized to be appropriated for
the Department of Defense for fiscal year 1998.
(b) ALLOCATIONS AMONG CENTERS.—(1) Not later
than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report that specifies the number of
staff years of technical effort that is to be allocated (for
funding as described in subsection (a)) to each defense feder-
ally funded research and development center for fiscal year
1998.
(2) After the submission of the report on allocation of
staff years of technical effort under paragraph (1), the Sec-
retary of Defense may not reallocate more than 5 percent
of the staff years of technical effort allocated to a federally
funded research and development center for fiscal year 1998
from that center to other federally funded research and de-
velopment centers until 30 days after the date on which the
Secretary has submitted a justification for the reallocation
to the congressional defense committees.
(c) FISCAL YEAR 1999 ALLOCATION.—(1) The Sec-
retary of Defense shall submit to the congressional defense
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committees a report that specifies the number of staff years
of technical effort that is to be allocated to each federally
funded research and development center for fiscal year 1999
for funding out of the funds authorized to be appropriated
for the Department of Defense for that fiscal year.
(2) The report shall be submitted at the same time that
the President submits the budget for fiscal year 1999 to
Congress under section 1105 of title 31, United States Code.
(c) STAFF YEAR DEFINED.—In this section, the term
‘‘staff year of technical effort’’ means 1,810 hours of paid
effort by direct and consultant labor performing profes-
sional-level technical work primarily in the fields of studies
and analysis, system engineering and integration, systems
planning, program and policy planning and analyses, and
basic and applied research.
SEC. 216. GOAL FOR DUAL-USE SCIENCE AND TECHNOLOGY
PROJECTS.
(a) GOALS.—(1) Subject to paragraph (3), it shall be
the objective of the Secretary of each military department
to obligate for dual-use projects in each fiscal year referred
to in paragraph (2), out of the total amount authorized to
be appropriated for such fiscal year for new projects initi-
ated under the applied research programs of the military
department, the percent of such amount that is specified
for that fiscal year in paragraph (2).
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(2) The objectives for fiscal years under paragraph (1)
are as follows:
(A) For fiscal year 1998, 5 percent.
(B) For fiscal year 1999, 7 percent.
(C) For fiscal year 2000, 10 percent.
(3) The Secretary of Defense may establish for a mili-
tary department for a fiscal year an objective different from
the objective set forth in paragraph (2) if the Secretary—
(A) determines that compelling national security
considerations require the establishment of the dif-
ferent objective; and
(2) notifies Congress of the determination and
the reasons for the determination.
(b) DESIGNATION OF OFFICIAL FOR DUAL-USE PRO-
GRAMS.—(1) The Secretary of Defense shall designate a sen-
ior official in the Office of the Secretary of Defense to carry
out responsibilities for dual-use programs under this sub-
section. The designated official shall report directly to the
Under Secretary of Defense for Acquisition and Technology.
(2) The primary responsibilities of the designated offi-
cial shall include developing policy and overseeing the es-
tablishment of, and adherence to, procedures for ensuring
that dual-use programs are initiated and administered ef-
fectively and that applicable commercial technologies are
integrated into current and future military systems.
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(3) In carrying out the responsibilities, the designated
official shall ensure that—
(A) dual-use projects are consistent with the joint
warfighting science and technology plan referred to in
section 270 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.
2501 note); and
(B) the dual-use projects of the military depart-
ments and defense agencies of the Department of De-
fense are coordinated and avoid unnecessary duplica-
tion.
(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOV-
ERNMENT PARTICIPANTS.—The total amount of funds pro-
vided by a military department for a dual-use project en-
tered into by the Secretary of that department shall not ex-
ceed 50 percent of the total cost of the project. The Secretary
may consider in-kind contributions by non-Federal partici-
pants for dual-use projects for the purpose of calculating
the share of project costs that has been or is being under-
taken by such participants only to the extent provided in
regulations issued pursuant to section 2511(c)(2) of title 10,
United States Code.
(d) USE OF COMPETITIVE PROCEDURES.—Funds obli-
gated for a dual-use project may be counted toward meeting
an objective under subsection (a) only if the funds are obli-
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gated for a contract, grant, cooperative agreement, or other
transaction that was entered into through the use of com-
petitive procedures.
(e) REPORT.—(1) Not later than January 31 of each
of 1998, 1999, and 2000, the Secretary of Defense shall sub-
mit a report to the congressional defense committees on the
progress made by the Department of Defense in meeting the
objectives set forth in subsection (a) during the preceding
fiscal year.
(2) The report for a fiscal year shall contain, at a min-
imum, the following:
(A) The aggregate value of all contracts, grants,
cooperative agreements, or other transactions entered
into during the fiscal year for which funding is
counted toward meeting an objective under this sec-
tion, expressed in relationship to the total amount ap-
propriated for the applied research programs in the
Department of Defense for that fiscal year.
(B) For each military department, the value of
all contracts, grants, cooperative agreements, or other
transactions entered into during the fiscal year for
which funding is counted toward meeting an objective
under this section, expressed in relationship to the
total amount appropriated for the applied research
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program of the military department for that fiscal
year.
(C) A summary of the cost-sharing arrangements
in dual-use projects that were initiated during the fis-
cal year and are counted toward reaching an objective
under this section.
(D) A description of the regulations, directives,
or other procedures that have been issued by the Sec-
retary of Defense or the Secretary of a military de-
partment to increase the percentage of the total value
of the dual-use projects undertaken to meet or exceed
an objective under this section.
(E) Any recommended legislation to facilitate
achievement of objectives under this section.
(f) REPEAL OF SUPERSEDED AUTHORITY.—Section
203 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2451) is re-
pealed.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘applied research program’’ means
a program of a military department which is funded
under the 6.2 Research, Development, Test and Eval-
uation account of that department.
(2) The term ‘‘dual-use project’’ means a project
under a program of a military department or a de-
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fense agency under which research or development of
a dual-use technology is carried out and the costs of
which are shared by the Department of Defense and
non-Government entities.
SEC. 
217. 
TRANSFERS 
OF 
AUTHORIZATIONS 
FOR
COUNTERPROLIFERATION 
SUPPORT 
PRO-
GRAM.
(a) IN GENERAL.—In addition to the transfer author-
ity provided in section 1001, upon determination by the
Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense
in this division for fiscal year 1998 to counterproliferation
programs, projects, and activities identified as areas for
progress by the Counterproliferation Program Review Com-
mittee established by section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(b) LIMITATIONS.—(1) The total amount of authoriza-
tions transferred under the authority of this section may
not exceed $50,000,000.
(2) The authority provided by this section to transfer
authorizations—
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(A) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) EFFECT OF TRANSFERS ON ACCOUNTS.—A transfer
made from one account to another under the authority of
this section shall be deemed to increase the amount author-
ized for the account to which the amount is transferred by
an amount equal to the amount transferred.
(d) CONGRESSIONAL NOTIFICATION.—The Secretary of
Defense shall promptly notify Congress of transfers made
under the authority of this section.
SEC. 218. KINETIC ENERGY TACTICAL ANTI-SATELLITE
TECHNOLOGY PROGRAM.
(a) FUNDING.—Of the funds authorized to be appro-
priated under section 201(4), $80,000,000 shall be available
for the kinetic energy tactical anti-satellite technology pro-
gram.
(b) LIMITATION.—None of the funds authorized to be
appropriated to the Department of Defense for fiscal year
1998 for program element 65104D, relating to technical
studies and analyses, may be obligated or expended until
the funds specified in subsection (a) have been released to
the program manager of the tactical kinetic energy anti-
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satellite technology program for implementation of that
program.
SEC. 219. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT
PROGRAM.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 201(3), $50,000,000 shall be available
for the Clementine 2 micro-satellite near-earth asteroid
interception mission.
(b) LIMITATION.—Of the funds authorized to be appro-
priated pursuant to this Act in program element 64480F
for the Global Positioning System Block IIF satellite sys-
tem, not more than $35,000,000 may be obligated until the
Secretary of Defense certifies to Congress that the Secretary
has made available for obligation the funds appropriated
pursuant to subsection (a) for the purpose specified in that
subsection.
SEC. 220. BIOASSAY TESTING OF VETERANS EXPOSED TO
IONIZING 
RADIATION 
DURING 
MILITARY
SERVICE.
(a) NUCLEAR TEST PERSONNEL PROGRAM.—Of the
amount provided in section 201(4), $300,000 shall be avail-
able for testing described in subsection (b) in support of
the Nuclear Test Personnel Program conducted by the De-
fense Special Weapons Agency.
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(b) COVERED TESTING.—Subsection (a) applies to the
third phase of bioassay testing of individuals who are radi-
ation-exposed veterans (as defined in section 1112(c)(3)(A)
of title 38, United States Code) who participated in radi-
ation-risk activities (as defined in such paragraph).
(c) COLLECTION OF SAMPLES.—The appropriate de-
partment or agency shall collect the required bioassay sam-
ples, at the request of a veteran who participated in the
United States atmospheric nuclear testing or the occupation
of Hiroshima and Nagasaki, Japan, and forward them to
Brookhaven National Laboratory, under the appropriate
chain of custody.
SEC. 221. DOD/VA COOPERATIVE RESEARCH PROGRAM.
Of the amount authorized to be appropriated by sec-
tion 201(4), $15,000,000 shall be available for the DOD/
VA Cooperative Research Program. The Secretary of De-
fense shall be the executive agent for the funds authorized
under this section.
SEC. 222. MULTITECHNOLOGY INTEGRATION IN MIXED-
MODE ELECTRONICS.
(a) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated under section 201(4), $7,000,000
is available for Multitechnology Integration in Mixed-Mode
Electronics.
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(b) ADJUSTMENTS TO AUTHORIZATIONS OF APPRO-
PRIATIONS.—(1) The amount authorized to be appropriated
under section 201(4) is hereby increased by $7,000,000.
(2) The amount authorized to be appropriated under
section 101(5) and available for special equipment for user
testing is reduced by $7,000,000.
SEC. 223. FACIAL RECOGNITION TECHNOLOGY PROGRAM.
(a) AVAILABILITY OF FUNDS.—(1) Notwithstanding
any other provision of this Act, the amount authorized to
be appropriated by section 201(4) is hereby increased by
$5,000,000.
(2) Funds available under the section referred to in
paragraph (1) as a result of the increase in the authoriza-
tion of appropriations made by that paragraph may be
available for a facial recognition technology program. The
Secretary shall use competitive procedures in selecting par-
ticipants for the program.
(b) OFFSET.—Notwithstanding any other provision of
this Act, the amount authorized to be appropriated by sec-
tion 201(1) is hereby decreased by $5,000,000.
Subtitle C—Ballistic Missile
Defense Programs
SEC. 225. NATIONAL MISSILE DEFENSE PROGRAM.
(a) PROGRAM STRUCTURE.—To preserve the option of
achieving an initial operational capability in fiscal year
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2003, the Secretary of Defense shall ensure that the Na-
tional Missile Defense Program is structured and pro-
grammed for funding so as to support a test, in fiscal year
1999, of an integrated national missile defense system that
is representative of the national missile defense system ar-
chitecture that could achieve initial operational capability
in fiscal year 2003.
(b) ELEMENTS OF NMD SYSTEM.—The national mis-
sile defense system architecture specified in subsection (a)
shall consist of the following elements:
(1) An interceptor system that optimizes defen-
sive coverage of the continental United States, Alaska,
and Hawaii against limited ballistic missile attack
(whether accidental, unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and
communications (BM/C3).
(c) PLAN FOR NMD SYSTEM DEVELOPMENT AND DE-
PLOYMENT.—Not later than February 15, 1998, the Sec-
retary of Defense shall submit to the congressional defense
committees a plan for the development and deployment of
a national missile defense system that could achieve initial
operational capability in fiscal year 2003. The plan shall
include the following matters:
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(1) A detailed description of the system architec-
ture selected for development.
(2) A discussion of the justification for the selec-
tion of that particular architecture.
(3) The Secretary’s estimate of the amounts of
the appropriations that would be necessary for re-
search, development, test, evaluation, and for procure-
ment for each of fiscal years 1999 through 2003 in
order to achieve an initial operational capability of
the system architecture in fiscal year 2003.
(4) For each activity necessary for the develop-
ment and deployment of the national missile defense
system architecture selected by the Secretary that
would at some point conflict with the terms of the
ABM Treaty, if any—
(A) a description of the activity;
(B) a description of the point at which the
activity would conflict with the terms of the
ABM Treaty;
(C) the legal analysis justifying the Sec-
retary’s determination regarding the point at
which the activity would conflict with the terms
of the ABM Treaty; and
(D) an estimate of the time at which such
point would be reached in order to achieve a test
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of an integrated missile defense system in fiscal
year 1999 and initial operational capability of
such a system in fiscal year 2003.
(d) FUNDING FOR FISCAL YEAR 1998.—Of the funds
authorized to be appropriated under section 201(4),
$978,091,000 shall be available for the national missile de-
fense program.
(e) ABM TREATY DEFINED.—In this section, the term
‘‘ABM Treaty’’ means the Treaty Between the United States
of America and the Union of Soviet Socialist Republics on
the Limitation of Anti-Ballistic Missile Systems, signed at
Moscow on May 26, 1972, and includes the Protocol to that
treaty, signed at Moscow on July 3, 1974.
SEC. 226. REVERSAL OF DECISION TO TRANSFER PROCURE-
MENT FUNDS FROM THE BALLISTIC MISSILE
DEFENSE ORGANIZATION.
(a) TRANSFERS REQUIRED.—The Secretary of Defense
shall—
(1) transfer to appropriations available to the
Ballistic Missile Defense Organization for procure-
ment for fiscal year 1998 the amounts that were
transferred to accounts of the Army, Navy, Air Force,
and Marine Corps pursuant to Program Budget Deci-
sion 224C3, signed by the Under Secretary of Defense
(Comptroller) on December 23, 1996; and
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(2) ensure that, in the future-years defense pro-
gram, the procurement funding covered by that pro-
gram budget decision is programmed for appropria-
tions accounts of the Ballistic Missile Defense Organi-
zation rather than appropriations accounts of the
Armed Forces.
(b) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in subsection (a) is
in addition to the transfer authority provided in section
1001.
Subtitle D—Other Matters
SEC. 231. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525(c)(2) of title 10, United States Code, is
amended to read as follows:
‘‘(2) In order to promote increased dissemination and
use of manufacturing technology throughout the national
defense technology and industrial base, the Secretary shall
seek, to the maximum extent practicable, the participation
of manufacturers of manufacturing equipment in the
projects under the program.’’.
SEC. 232. USE OF MAJOR RANGE AND TEST FACILITY IN-
STALLATIONS BY COMMERCIAL ENTITIES.
(a) EXTENSION OF AUTHORITY.—Subsection (g) of sec-
tion 2681 of title 10, United States Code, is amended by
striking out ‘‘1998’’ and inserting in lieu thereof ‘‘2001’’.
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(b) ADDITIONAL REPORTING REQUIREMENT.—Sub-
section (h) of such section is amended—
(1) by striking out ‘‘REPORT.—’’ and inserting
in lieu thereof ‘‘REPORTS.—(1)’’; and
(2) by adding at the end the following:
‘‘(2) Not later than February 15, 1998, 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 report identifying existing
and proposed procedures to ensure that the use of Major
Range and Test Facility Installations by commercial enti-
ties does not compete with private sector test and evaluation
services.’’.
(c) REPEAL OF REPORTING REQUIREMENTS WHEN
EXECUTED.—Effective on October 1, 1998, subsection (h)
of such section is repealed.
SEC. 233. ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL
PROGRAM TO STIMULATE COMPETITIVE RE-
SEARCH.
Section 257 of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by
adding at the end the following:
‘‘(f) STATE DEFINED.—In this section, the term ‘State’
means a State of the United States, the District of Colum-
bia, Puerto Rico, Guam, the Virgin Islands of the United
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States, American Samoa, and the Commonwealth of the
Northern Mariana Islands.’’.
SEC. 234. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC
PARTNERSHIP PROGRAM ORGANIZATIONS.
(a) NATIONAL OCEAN RESEARCH LEADERSHIP COUN-
CIL.—Section 7902 of title 10, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking out paragraphs (11), (14),
(15), (16) and (17); and
(B) by redesignating paragraphs (12) and
(13) as paragraphs (11) and (12), respectively;
(2) by striking out subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h),
and (i) as subsections (d), (e), (f), (g), and (h), re-
spectively.
(b) OCEAN RESEARCH ADVISORY PANEL.—(1) Section
7903(a) of such title is amended by striking out ‘‘govern-
ment, academia, and industry’’ and inserting in lieu there-
of ‘‘State governments, academia, and ocean industries’’.
(2) Section 282(c) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2473) is amended by striking out ‘‘January 1, 1997’’
and inserting in lieu thereof ‘‘January 1, 1998’’.
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(c) CONFORMING AMENDMENTS.—Section 282 of the
National Defense Authorization Act for Fiscal Year 1997
is amended—
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and
(f) as subsections (b), (c), (d), and (e), respectively.
(d) EFFECTIVE DATE.—The amendments made by
subsection (a) and (b) shall be effective as of September 23,
1996, as if included in section 282 of Public Law
104–201.
SEC. 235. DEMONSTRATION PROGRAM ON EXPLOSIVES DE-
MILITARIZATION TECHNOLOGY.
(a) PROGRAM REQUIRED.—During fiscal year 1998,
the Secretary of Defense may conduct an alternative tech-
nology explosive munitions demilitarization demonstration
program in accordance with this section.
(b) COMMERCIAL BLAST CHAMBER TECHNOLOGY.—
Under the demonstration program, the Secretary shall dem-
onstrate the use of existing, commercially available blast
chamber technology for incineration of explosive munitions
as an alternative to the open burning, open pit detonation
of such munitions.
(c) COMPETITIVE PROCEDURES.—The Secretary shall
use competitive procedures in selecting participants for the
demonstration program described in subsection (b).
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(d) ASSESSMENT.—The Secretary shall assess the rel-
ative benefits of the blast chamber technology and the open
burning, open pit detonation process with respect to the lev-
els of emissions and noise resulting from use of the respec-
tive processes. In addition, the Secretary shall include a cost
benefit analysis of this technology generally for explosives
munitions destruction.
(e) REPORT.—Not later than the date on which the
President submits the budget for fiscal year 2000 to Con-
gress pursuant to section 1105(a) of title 31, United States
Code, the Secretary of Defense shall submit a report on the
results of the demonstration program to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives. The report
shall include the Secretary’s assessment under subsection
(c).
(f) FUNDING.—(1) Of the amount authorized to be ap-
propriated under section 201(4), $6,000,000 is available for
the demonstration program under this section.
(2) The amount provided under section 201(4) is here-
by increased by $6,000,000 for the explosives demilitariza-
tion technology program (PE 63104D).
(3) The amount provided under section 101(5) for spe-
cial equipment for user testing is hereby decreased by
$6,000,000.
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(13) For the United States Court of Appeals for
the Armed Forces, $6,952,000.
(14) For Environmental Restoration, Army,
$350,337,000.
(15) For Environmental Restoration, Navy,
$257,500,000.
(16) For Environmental Restoration, Air Force,
$351,900,000.
(17) For Environmental Restoration, Defense-
Wide, $25,900,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $188,300,000.
(19) For Overseas Contingency Operations,
$1,467,500,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $660,882,000.
(21) 
For 
Medical 
Programs, 
Defense,
$9,954,782,000.
(22) For Former Soviet Union Threat Reduction
programs, $322,000,000.
(23) For Overseas Humanitarian Demining and
CINC Initiative activities, $40,130,000.
(24) For the Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Trust
Fund, $10,000,000.
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SEC. 302. WORKING-CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal 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 Fund,
$33,400,000.
(2) For the National Defense Sealift Fund,
$516,126,000.
(3) 
For 
the 
Military 
Commissary 
Fund,
$938,552,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
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 Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized 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.
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(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. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 1998, out of funds in Fisher House Trust Funds
not otherwise appropriated, for the operation and mainte-
nance of Fisher houses described in section 2221(d) of title
10, United States Code, as follows:
(1) The Fisher House Trust Fund, Department
of the Army, $150,000 for Fisher houses that are lo-
cated in proximity to medical treatment facilities of
the Army.
(2) The Fisher House Trust Fund, Department
of the Navy, $150,000 for Fisher houses that are lo-
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cated in proximity to medical treatment facilities of
the Navy.
SEC. 306. FUNDS FOR OPERATION OF FORT CHAFFEE, AR-
KANSAS.
Of the amount authorized for O&M, Army National
Guard, $6,854,000 may be available for the operation of
Fort Chaffee, Arkansas.
Subtitle B—Depot-Level Activities
SEC. 311. PERCENTAGE LIMITATION ON PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE OF MATERIEL.
(a) PERFORMANCE
IN
NON-GOVERNMENT
FACILI-
TIES.—Subsection (a) of section 2466 of title 10, United
States Code, is amended to read as follows:
‘‘(a) PERCENTAGE LIMITATION.—(1) Except as pro-
vided in paragraph (2), not more than 50 percent of the
funds made available in a fiscal year to a military depart-
ment or a Defense Agency for depot-level maintenance and
repair workload may be used to contract for the perform-
ance of such workload in facilities other than Government-
owned, Government-operated facilities.
‘‘(2) In the administration of paragraph (1) for fiscal
years ending before October 1, 1998, the percentage specified
in that paragraph shall be deemed to be 40 percent.’’.
(b) TREATMENT OF PERFORMANCE BY PUBLIC-PRI-
VATE PARTNERSHIP.—Such section is further amended by
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inserting after subsection (a), as amended by subsection (a),
the following:
‘‘(b) TREATMENT OF PERFORMANCE BY PUBLIC-PRI-
VATE PARTNERSHIP.—For the purposes of subsection (a),
any performance of a depot-level maintenance and repair
workload by a public-private partnership formed under sec-
tion 2474(b) of this title shall be treated as performance
of the workload in a Government-owned, Government-oper-
ated facility.’’.
SEC. 312. CENTERS OF INDUSTRIAL AND TECHNICAL EX-
CELLENCE.
(a) DESIGNATION AND PURPOSE.—(1) Chapter 146 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2474. Centers of Industrial and Technical Excel-
lence: designation; public-private partner-
ships
‘‘(a) DESIGNATION.—(1) The Secretary of Defense
shall designate each depot-level activity of the military de-
partments and the Defense Agencies (other than facilities
recommended for closure or major realignment 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)) as a Center of Industrial and Technical Excellence
in the recognized core competencies of the activity.
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‘‘(2) The Secretary shall establish a policy to encourage
the Secretary of each military department and the head of
each Defense Agency to reengineer industrial processes and
adopt best-business practices at their depot-level activities
in connection with their core competency requirements, so
as to serve as recognized leaders in their core competencies
throughout the Department of Defense and in the national
technology and industrial base (as defined in section
2491(1) of this title).
‘‘(3) The Secretary of a military department may con-
duct a pilot program, consistent with applicable require-
ments of law, to test any practices referred to in paragraph
(2) that the Secretary determines could improve the effi-
ciency and effectiveness of depot-level operations, improve
the support provided by depot-level activities for the armed
forces user of the services of such activities, and enhance
readiness by reducing the time that it takes to repair equip-
ment.
‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary
of Defense shall enable Centers of Industrial and Technical
Excellence to form public-private partnerships for the per-
formance of depot-level maintenance and repair at such
centers and shall encourage the use of such partnerships to
maximize the utilization of the capacity at such Centers.
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‘‘(c) ADDITIONAL WORK.—The policy required under
subsection (a) shall include measures to enable a private
sector entity that enters into a partnership arrangement
under subsection (b) or leases excess equipment and facili-
ties at a Center of Industrial and Technical Excellence pur-
suant to section 2471 of this title to perform additional
work at the Center, subject to the limitations outlined in
subsection (b) of such section, outside of the types of work
normally assigned to the Center.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2474. Centers of Industrial and Technical Excellence: designation; public-private
partnerships.’’.
(b) REPORTING
REQUIREMENT.—Not later than
March 1, 1998, the Secretary of Defense shall submit to
Congress a report describing the policies established by the
Secretary pursuant to section 2474 of title 10, United
States Code (as added by subsection (a)), to carry out that
section.
SEC. 313. CLARIFICATION OF PROHIBITION ON MANAGE-
MENT 
OF 
DEPOT 
EMPLOYEES 
BY 
CON-
STRAINTS ON PERSONNEL LEVELS.
Section 2472(a) of title 10, United States Code, is
amended by striking out the first sentence and inserting
in lieu thereof the following: ‘‘The civilian employees of the
Department of Defense, including the civilian employees of
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the military departments and the Defense Agencies, who
perform, or are involved in the performance of, depot-level
maintenance and repair workloads may not be managed
on the basis of any constraint or limitation in terms of
man years, end strength, full-time equivalent positions, or
maximum number of employees.’’.
SEC. 314. ANNUAL REPORT ON DEPOT-LEVEL MAINTE-
NANCE AND REPAIR.
Subsection (e) of section 2466 of title 10, United States
Code, is amended to read as follows:
‘‘(e) REPORT.—(1) Not later than February 1 of each
year, the Secretary of Defense shall submit to Congress a
report identifying, for each military department and De-
fense Agency—
‘‘(A) the percentage of the funds referred to in
subsection (a) that were used during the preceding fis-
cal year for performance of depot-level maintenance
and repair workloads in Government-owned, Govern-
ment-operated facilities; and
‘‘(B) the percentage of the funds referred to in
subsection (a) that were used during the preceding fis-
cal year to contract for the performance of depot-level
maintenance and repair workloads in facilities that
are not owned and operated by the Federal Govern-
ment.
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‘‘(2) Not later than 90 days after the date on which
the Secretary submits the annual report under paragraph
(1), the Comptroller General shall submit to the Committees
on Armed Services and on Appropriations of the Senate
and the Committees on National Security and on Appro-
priations of the House of Representatives the Comptroller’s
views on whether the Department of Defense has complied
with the requirements of subsection (a) for the fiscal year
covered by the report.’’.
SEC. 315. REPORT ON ALLOCATION OF CORE LOGISTICS AC-
TIVITIES AMONG DEPARTMENT OF DEFENSE
FACILITIES AND PRIVATE SECTOR FACILI-
TIES.
(a) REPORT.—Not later than May 31, 1998, the Sec-
retary of Defense shall submit to Congress a report on the
allocation among facilities of the Department of Defense
and facilities in the private sector of the logistics activities
that are necessary to maintain and repair the weapon sys-
tems and other military equipment identified by the Sec-
retary, in consultation with the Joint Chiefs of Staff, as
being necessary to enable the Armed Forces to conduct a
strategic or major theater war.
(b) ELEMENTS.—The report under subsection (a) shall
set forth the following:
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(1) The systems or equipment identified under
subsection (a) that must be maintained and repaired
in Government-owned, Government-operated facilities,
using personnel and equipment of the Department, as
a result of the Secretary’s determination that—
(A) the work involves unique or valuable
workforce skills that should be maintained in the
public sector in the national interest;
(B) the base of private sector sources having
the capability to perform the workloads includes
industry sectors that are vulnerable to work stop-
pages;
(C) the private sector sources having the ca-
pability to perform the workloads have insuffi-
cient workforce levels or skills to perform the
depot-level maintenance and repair workloads—
(i) in the quantity necessary, or as
rapidly as the Secretary considers nec-
essary, to enable the armed forces to fulfill
the national military strategy; or
(ii) without a significant disruption or
delay in the maintenance and repair of
equipment;
(D) the need for performance of workloads
is too infrequent, cyclical, or variable to sustain
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a reliable base of private sector sources having
the workforce levels or skills to perform the work-
loads;
(E) the market conditions or workloads are
insufficient to ensure that the price of private
sector performance of the workloads can be con-
trolled through competition or other means;
(F) private sector sources are not ade-
quately responsive to the requirements of the De-
partment for rapid, cost-effective, and flexible re-
sponse to surge requirements or other contin-
gency situations, including changes in the mix
or priority of previously scheduled workloads
and reassignment of employees to different work-
loads without the requirement for additional con-
tractual negotiations;
(G) private sector sources are less willing to
assume responsibility for performing the work-
load as a result of the possibility of direct mili-
tary or terrorist attack; or
(H) private sector sources cannot maintain
continuity of workforce expertise as a result of
high rates of employee turnover.
(2) The systems or equipment identified under
subsection (a) that must be maintained and repaired
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in Government-owned facilities, whether Government
operated or contractor-operated, as a result of the Sec-
retary’s determination that—
(A) the work involves facilities, technologies,
or equipment that are unique and sufficiently
valuable that the facilities, technologies, or equip-
ment must be maintained in the public sector in
the national interest;
(B) the private sector sources having the ca-
pability to perform the workloads have insuffi-
cient facilities, technology, or equipment to per-
form the depot-level maintenance and repair
workloads—
(i) in the quantity necessary, or as
rapidly as the Secretary considers nec-
essary, to enable the armed forces to fulfill
the national military strategy; or
(ii) without a significant disruption or
delay in the maintenance and repair of
equipment; or
(C) the need for performance of workloads is
too infrequent, cyclical, or variable to sustain a
reliable base of private sector sources having the
facilities, technology, or equipment to perform
the workloads.
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(3) The systems or equipment identified under
subsection (a) that may be maintained and repaired
in private sector facilities.
(4) The approximate percentage of the total
maintenance and repair workload of the Department
of Defense necessary for the systems and equipment
identified under subsection (a) that would be per-
formed at Department of Defense facilities, and at
private sector facilities, as a result of the determina-
tions made for purposes of paragraphs (1), (2), and
(3).
SEC. 316. REVIEW OF USE OF TEMPORARY DUTY ASSIGN-
MENTS 
FOR 
SHIP 
REPAIR 
AND 
MAINTE-
NANCE.
(a) FINDINGS.—Congress makes the following findings:
(1) In order to reduce the time that the crew of
a naval vessel is away from the homeport of the ves-
sel, the Navy seeks to perform ship repair and main-
tenance of the vessel at the homeport of the vessel
whenever it takes six months or less to accomplish the
work involved.
(2) At the same time, the Navy seeks to distrib-
ute ship repair and maintenance work among the
Navy shipyards (known as to ‘‘level load’’) in order
to more fully utilize personnel resources.
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(3) During periods when a Navy shipyard is not
utilized to its capacity, the Navy sometimes sends
workers at the shipyard, on a temporary duty basis,
to perform ship repairs and maintenance at a home-
port not having a Navy shipyard.
(4) This practice is a more efficient use of civil-
ian employees who might otherwise not be fully em-
ployed on work assigned to Navy shipyards.
(b) GAO REVIEW AND REPORT.—(1) The Comptroller
General of the United States shall review the Navy’s prac-
tice of using temporary duty assignments of personnel to
perform ship maintenance and repair work at homeports
not having Navy shipyards. The review shall include the
following:
(A) An assessment of the rationale, conditions,
and factors supporting the Navy’s practice.
(B) A determination of whether the practice is
cost-effective.
(C) The factors affecting future requirements for,
and the adherence to, the practice, together with an
assessment of the factors.
(2) Not later than May 1, 1998, the Comptroller Gen-
eral shall submit a report on the review to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives.
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SEC. 317. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN
DEPOT-LEVEL MAINTENANCE AND REPAIR
LAWS AND A RELATED REPORTING REQUIRE-
MENT.
Section 311 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 247;
10 U.S.C. 2464 note) is amended by striking out subsections
(f) and (g).
SEC. 318. EXTENSION OF AUTHORITY FOR NAVAL SHIP-
YARDS AND AVIATION DEPOTS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1684) is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1998’’.
SEC. 319. REALIGNMENT OF PERFORMANCE OF GROUND
COMMUNICATION-ELECTRONIC WORKLOAD.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the transfer of the ground communication-electronic
workload to Tobyhanna Army Depot, Pennsylvania, in the
realignment of the performance of such function should be
carried out in adherence to the schedule prescribed for that
transfer by the Defense Depot Maintenance Council on
March 13, 1997, as follows:
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(1) Transfer of 20 percent of the workload in fis-
cal year 1998.
(2) Transfer of 40 percent of the workload in fis-
cal year 1999.
(3) Transfer of 40 percent of the workload in fis-
cal year 2000.
(b) PROHIBITION.—No provision of this Act that au-
thorizes or provides for contracting for the performance of
a depot-level maintenance and repair workload by a private
sector source at a location where the workload was per-
formed before fiscal year 1998 shall apply to the workload
referred to in subsection (a).
Subtitle C—Environmental
Provisions
SEC. 331. CLARIFICATION OF AUTHORITY RELATING TO
STORAGE AND DISPOSAL OF NONDEFENSE
TOXIC AND HAZARDOUS MATERIALS ON DE-
PARTMENT OF DEFENSE PROPERTY.
(a) MATERIALS OF MEMBERS AND DEPENDENTS.—
Subsection (a)(1) of section 2692 of title 10, United States
Code, is amended by inserting ‘‘or by a member of the
armed forces (or a dependent of a member) living on the
installation’’ before the period at the end.
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(b) STORAGE OF MATERIALS CONNECTED WITH COM-
PATIBLE USE.—Subsection (b)(8) of such section is amend-
ed—
(1) by striking out ‘‘by a private person’’;
(2) by striking out ‘‘by that private person of an
industrial-type’’ and inserting in lieu thereof ‘‘of a’’;
and
(3) by striking out ‘‘; and’’ and inserting in lieu
thereof ‘‘, including a space launch facility located on
a Department of Defense installation or other land
controlled by the United States and a Department of
Defense facility for testing materiel or training per-
sonnel;’’.
(c) TREATMENT AND DISPOSAL OF MATERIALS CON-
NECTED
WITH COMPATIBLE USE.—Subsection (b)(9) of
such section is amended—
(1) by striking out ‘‘by a private person’’;
(2) by striking out ‘‘commercial use by that per-
son of an industrial-type’’ and inserting in lieu there-
of ‘‘use of a’’;
(3) by striking out ‘‘with that person’’ and in-
serting in lieu thereof ‘‘with the prospective user’’;
and
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(4) in subparagraph (B), by striking out ‘‘for
that person’s’’ and inserting in lieu thereof ‘‘for the
prospective user’s’’.
(d) ADDITIONAL AUTHORITY.—Subsection (b) of such
section is further amended—
(1) by striking out the period at the end of para-
graph (9) and inserting in lieu thereof ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(10) the storage of materials that will be used
in connection with an activity of the Department of
Defense or in connection with a service performed for
the benefit of the Department of Defense or the dis-
posal of materials that have been used in such connec-
tion.’’.
SEC. 332. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES
IN RESPONSE TO FINES AND PENALTIES AS-
SESSED UNDER ENVIRONMENTAL LAWS.
(a) ANNUAL REPORTS.—Section 2706(b)(2) of title 10,
United States Code, is amended by adding at the end the
following:
‘‘(H) A statement of the fines and penalties
imposed or assessed against the Department of
Defense under Federal, State, or local environ-
mental law during the fiscal year preceding the
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fiscal year in which the report is submitted,
which statement sets forth—
‘‘(i) each Federal environmental stat-
ute under which a fine or penalty was im-
posed or assessed during the fiscal year;
‘‘(ii) with respect to each such stat-
ute—
‘‘(I) the aggregate amount of fines
and penalties imposed or assessed dur-
ing the fiscal year;
‘‘(II) the aggregate amount of
fines and penalties paid during the fis-
cal year;
‘‘(III) the total amount required
to meet commitments to environmental
enforcement authorities under agree-
ments entered into by the Department
of Defense during the fiscal year for
supplemental environmental projects
agreed to in lieu of the payment of
fines or penalties; and
‘‘(IV) the number of fines and
penalties imposed or assessed during
the fiscal year that were—
‘‘(aa) $10,000 or less;
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‘‘(bb) more than $10,000, but
not more than $50,000;
‘‘(cc) more than $50,000, but
not more than $100,000; and
‘‘(dd) more than $100,000;
and
‘‘(iii) with respect to each fine or pen-
alty set forth under clause (ii)(IV)(dd)—
‘‘(I) the installation or facility to
which the fine or penalty applies; and
‘‘(II) the agency that imposed or
assessed the fine or penalty.’’.
(b) REPORT IN FISCAL YEAR 1998.—The statement
submitted by the Secretary of Defense under subparagraph
(H) of section 2706(b)(2) of title 10, United States Code,
as added by subsection (a), in 1998 shall, to the maximum
extent practicable, include the information required by that
subparagraph for each of fiscal years 1994 through 1997.
SEC. 333. ANNUAL REPORT ON ENVIRONMENTAL ACTIVI-
TIES OF THE DEPARTMENT OF DEFENSE
OVERSEAS.
Section 2706 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (d) as subsection
(e); and
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(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) REPORT ON ENVIRONMENTAL ACTIVITIES OVER-
SEAS.—(1) The Secretary of Defense shall submit to Con-
gress each year, not later than 30 days after the date on
which the President submits to Congress the budget for a
fiscal year, a report on the environmental activities of the
Department of Defense overseas.
‘‘(2) Each such report shall include the following:
‘‘(A) A statement of the funding levels and full-
time personnel required for the Department of Defense
to comply during such fiscal year with each require-
ment under a treaty, law, contract, or other agree-
ment for environmental restoration or compliance ac-
tivities.
‘‘(B) A statement of the funds to be expended by
the Department of Defense during such fiscal year in
carrying out other activities relating to the environ-
ment overseas, including conferences, meetings, and
studies for pilot programs and travel related to such
activities.’’.
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SEC. 334. MEMBERSHIP TERMS FOR STRATEGIC ENVIRON-
MENTAL RESEARCH AND DEVELOPMENT PRO-
GRAM SCIENTIFIC ADVISORY BOARD.
(a) TERMS.—Section 2904(b)(4) of title 10, United
States Code, is amended by striking out ‘‘three’’ and insert-
ing in lieu thereof ‘‘not less than two or more than four’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to appointments to the Strategic En-
vironmental Research and Development Program Scientific
Advisory Board made before, on, or after the date of enact-
ment of this Act.
SEC. 335. ADDITIONAL INFORMATION ON AGREEMENTS FOR
AGENCY SERVICES IN SUPPORT OF ENVIRON-
MENTAL TECHNOLOGY CERTIFICATION.
(a) ADDITIONAL INFORMATION.—Subsection (d) of sec-
tion 327 of the National Defense Authorization Act for Fis-
cal Year 1997 (Public Law 104–201; 110 Stat. 2483; 10
U.S.C. 2702 note) is amended by adding at the end the fol-
lowing:
‘‘(5) A statement of the funding that will be re-
quired to meet commitments made to State and local
governments under agreements entered into during
the fiscal year preceding the fiscal year in which the
report is submitted.
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‘‘(6) A description of any cost-sharing arrange-
ment under any cooperative agreement entered into
under this section.’’.
(b) GUIDELINES
FOR REIMBURSEMENT
AND COST-
SHARING.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a report setting forth the guidelines established by
the Secretary for reimbursement of State and local govern-
ments, and for cost-sharing between the Department of De-
fense, such governments, and vendors, under agreements en-
tered into under such section 327.
SEC. 336. RISK ASSESSMENTS UNDER THE DEFENSE ENVI-
RONMENTAL RESTORATION PROGRAM.
(a) IN GENERAL.—In carrying out risk assessments as
part of the evaluation of facilities of the Department of De-
fense for purposes of allocating funds and establishing pri-
orities for environmental restoration projects at such facili-
ties under the Defense Environmental Restoration Program,
the Secretary of Defense shall—
(1) utilize a risk assessment method that meets
the requirements in subsection (b); and
(2) ensure the uniform and consistent utilization
of the risk assessment method in all evaluations of fa-
cilities under the program.
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(b) RISK ASSESSMENT METHOD.—The risk assessment
method utilized under subsection (a) shall—
(1) take into account as a separate factor of
risk—
(A) the extent to which the contamination
level of a particular contaminant exceeds the
permissible contamination level for the contami-
nant;
(B) the existence and extent of any popu-
lation (including human populations and natu-
ral populations) potentially affected by the con-
taminant; and
(C) the existence and nature of any mecha-
nism that would cause the population to be af-
fected by the contaminant; and
(2) provide appropriately for the significance of
any such factor in the final determination of risk.
(c) DEFENSE ENVIRONMENTAL RESTORATION PRO-
GRAM DEFINED.—In this section, the term ‘‘Defense Envi-
ronmental Restoration Program’’ means the program of en-
vironmental restoration carried out under chapter 160 of
title 10, United States Code.
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contamination or justify the recovery or sharing of
costs associated with such restoration;
(3) obtain data as provided for under subsection
(a)(2)(B); and
(4) pursue cost-recovery and cost-sharing activi-
ties where appropriate.
(c) DEFINITION.—In this section, the term ‘‘cost-recov-
ery and-cost sharing activities’’ means activities concern-
ing—
(1) the recovery of the costs of environmental res-
toration at Department sites from contractors of the
Department and other private parties that contribute
to environmental contamination at such sites; and
(2) the sharing of the costs of such restoration
with such contractors and parties.
SEC. 338. PILOT PROGRAM FOR THE SALE OF AIR POLLU-
TION EMISSION REDUCTION INCENTIVES.
(a) AUTHORITY.—(1) The Secretary of Defense may,
in consultation with the Administrator of General Services,
carry out a pilot program to assess the feasibility and ad-
visability of the sale of economic incentives for the reduction
of emission of air pollutants attributable to a facility of
a military department.
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(2) The Secretary may carry out the pilot program
during the period beginning on October 1, 1997, and ending
on September 30, 1999.
(b) INCENTIVES AVAILABLE FOR SALE.—(1) Under the
pilot program, the Secretary may sell economic incentives
for the reduction of emission of air pollutants attributable
to a facility of a military department only if such incen-
tives are not otherwise required for the activities or oper-
ations of the military department.
(2) The Secretary may not, under the pilot program,
sell economic incentives attributable to the closure or re-
alignment of a military installation under a base closure
law.
(3) If the Secretary determines that additional sales
of economic incentives are likely to result in amounts avail-
able for allocation under subsection (c)(2) in a fiscal year
in excess of the limitation set forth in subparagraph (B)
of that subsection, the Secretary shall not carry out such
additional sales in that fiscal year.
(c) USE OF PROCEEDS.—(1) The proceeds of sale of
economic incentives attributable to a facility of a military
department shall be credited to the funds available to the
facility for the costs of identifying, quantifying, or valuing
economic incentives for the reduction of emission of air pol-
lutants. The amount credited shall be equal to the cost in-
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curred in identifying, quantifying, or valuing the economic
incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a bal-
ance remains, the amount of such balance shall be available
to the Department of Defense for allocation by the Secretary
to the military departments for programs, projects, and ac-
tivities necessary for compliance with Federal environ-
mental laws, including the purchase of economic incentives
for the reduction of emission of air pollutants.
(ii) To the extent practicable, amounts allocated to the
military departments under this subparagraph shall be
made available to the facilities that generated the economic
incentives providing the basis for the amounts.
(B) The total amount allocated under this paragraph
in a fiscal year from sales of economic incentives may not
equal or exceed $500,000.
(3) If after crediting under paragraph (1) a balance
remains in excess of an amount equal to the limitation set
forth in paragraph (2)(B), the amount of the excess shall
be covered over into the Treasury as miscellaneous receipts.
(4) Funds credited under paragraph (1) or allocated
under paragraph (2) shall be merged with the funds to
which credited or allocated, as the case may be, and shall
be available for the same purposes and for the same period
as the funds with which merged.
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(d) DEFINITIONS.—In this section:
(1) The term ‘‘base closure law’’ means the fol-
lowing:
(A) Section 2687 of title 10, United States
Code.
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(C) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
(2) The term ‘‘economic incentives for the reduc-
tion of emission of air pollutants’’ means any trans-
ferable economic incentives (including marketable per-
mits and emission rights) necessary or appropriate to
meet air quality requirements under the Clean Air
Act (42 U.S.C. 7401 et seq.).
SEC. 339. TAGGING SYSTEM FOR IDENTIFICATION OF HY-
DROCARBON FUELS USED BY THE DEPART-
MENT OF DEFENSE.
(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—The
Secretary of Defense may conduct a pilot program using
existing technology to determine—
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(1) the feasibility of tagging hydrocarbon fuels
used by the Department of Defense for the purposes
of analyzing and identifying such fuels;
(2) the deterrent effect of such tagging on the
theft and misuse of fuels purchased by the Depart-
ment; and
(3) the extent to which such tagging assists in
determining the source of surface and underground
pollution in locations having separate fuel storage fa-
cilities of the Department and of civilian companies.
(b) SYSTEM ELEMENTS.—The tagging system under
the pilot program shall have the following characteristics:
(1) The tagging system does not harm the envi-
ronment.
(2) Each chemical used in the tagging system
is—
(A) approved for use under the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to
which added, as determined in accordance with
criteria established by the Environmental Protec-
tion Agency for the introduction of additives into
hydrocarbon fuels.
(3) The tagging system permits a determination
if a tag is present and a determination if the con-
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centration of a tag has changed in order to facilitate
identification of tagged fuels and detection of dilution
of tagged fuels.
(4) The tagging system does not impair or de-
grade the suitability of tagged fuels for their intended
use.
(c) REPORT.—Not later than 30 days after the comple-
tion of the pilot program, the Secretary shall submit to Con-
gress a report setting forth the results of the pilot program
and including any recommendations for legislation relating
to the tagging of hydrocarbon fuels by the Department that
the Secretary considers appropriate.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated under section 301(5) for operation and mainte-
nance for defense-wide activities, not more than $5,000,000
shall be available for the pilot program.
SEC. 340. PROCUREMENT OF RECYCLED COPIER PAPER.
(a) REQUIREMENT.—(1) Except as provided in sub-
section (b), a department or agency of the Department of
Defense may not procure copying machine paper after a
date set forth in paragraph (2) unless the percentage of
post-consumer recycled content of the paper meets the per-
centage set forth with respect to such date in that para-
graph.
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(2) The percentage of post-consumer recycled content
of paper required under paragraph (1) is as follows:
(A) 20 percent as of January 1, 1998.
(B) 30 percent as of January 1, 1999.
(C) 50 percent as of January 1, 2004.
(b) EXCEPTIONS.—A department or agency may pro-
cure copying machine paper having a percentage of post-
consumer recycled content that does not meet the applicable
requirement in subsection (a) if—
(1) the cost of procuring copying machine paper
under such requirement would exceed by more than 7
percent the cost of procuring copying machine paper
having a percentage of post-consumer recycled content
that does not meet such requirement;
(2) copying machine paper having a percentage
of post-consumer recycled content meeting such re-
quirement is not reasonably available within a rea-
sonable period of time;
(3) copying machine paper having a percentage
of post-consumer recycled content meeting such re-
quirement does not meet performance standards of the
department or agency for copying machine paper; or
(4) in the case of the requirement in paragraph
(2)(C) of that subsection, the Secretary of Defense
makes the certification described in subsection (c).
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(c) CERTIFICATION OF INABILITY TO MEET GOAL IN
2004.—If the Secretary determines that any department or
agency of the Department will be unable to meet the goal
specified in subsection (a)(2)(C) by the date specified in
that subsection, the Secretary shall certify that determina-
tion to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Rep-
resentatives. The Secretary shall submit such certification,
if at all, not later than January 1, 2003.
SEC. 341. REPORT ON OPTIONS FOR THE DISPOSAL OF
CHEMICAL WEAPONS AND AGENTS.
(a) REQUIREMENT.—Not later than March 15, 1998,
the Secretary of Defense shall submit to Congress a report
on the options available to the Department of Defense for
the disposal of chemical weapons and agents in order to
facilitate the disposal of such weapons and agents without
the construction of additional chemical weapons disposal
facilities in the continental United States.
(b) ELEMENTS.—The report shall include the follow-
ing—
(1) a description of each option evaluated;
(2) an assessment of the lifecycle costs and risks
associated with each option evaluated;
(3) a statement of any technical, regulatory, or
other requirements or obstacles with respect to each
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option, including with respect to any transportation
of weapons or agents that is required for the option;
(4) an assessment of incentives required for sites
to accept munitions or agents from outside their own
locales, as well as incentives to enable transportation
of these items across State lines;
(5) an assessment of the cost savings that could
be achieved through either the application of uniform
Federal transportation or safety requirements and
any other initiatives consistent with the transpor-
tation and safe disposal of stockpile and nonstockpile
chemical weapons and agents; and
(6) proposed legislative language necessary to
implement options determined by the Secretary to be
worthy of consideration by the Congress.
Subtitle D—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 351. FUNDING SOURCES FOR CONSTRUCTION AND IM-
PROVEMENT OF COMMISSARY STORE FACILI-
TIES.
(a) ADDITIONAL FUNDING SOURCES.—Section 2685 of
title 10, United States Code, is amended—
(1) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
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(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) FUNDS
FOR
CONSTRUCTION
AND
IMPROVE-
MENTS.—Revenues received by the Department of Defense
from the following sources or activities of commissary store
facilities shall be available for the purposes set forth in sub-
sections (c), (d), and (e):
‘‘(1) Adjustments or surcharges authorized by
subsection (a).
‘‘(2) Sale of recyclable materials.
‘‘(3) Sale of excess property.
‘‘(4) License fees.
‘‘(5) Royalties.
‘‘(6) Fees paid by sources of products in order to
obtain favorable display of the products for resale,
known as business related management fees.
‘‘(7) Products offered for sale in commissaries
under consignment with exchanges, as designated by
the Secretary of Defense.’’.
SEC. 352. INTEGRATION OF MILITARY EXCHANGE SERVICES.
(a) INTEGRATION REQUIRED.—The Secretaries of the
military departments shall integrate the military exchange
services, including the managing organizations of the mili-
tary exchange services, not later than September 30, 2000.
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(b) SUBMISSION OF PLAN TO CONGRESS.—Not later
than 180 days after the date of the enactment of this Act,
the Secretaries of the military departments shall submit to
the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Represent-
atives the plan for achieving the integration required by
subsection (a).
Subtitle E—Other Matters
SEC. 361. ADVANCE BILLINGS FOR WORKING-CAPITAL
FUNDS.
(a) RESTRICTION.—Section 2208 of title 10, United
States Code, is amended—
(1) by redesignating subsection (k) as subsection
(l); and
(2) by inserting after subsection (j) the following
new subsection (k):
‘‘(k)(1) An advance billing of a customer for a work-
ing-capital fund is prohibited except as provided in para-
graph (2).
‘‘(2) An advance billing of a customer for a working-
capital fund is authorized if—
‘‘(A) the Secretary of Defense has submitted to
the Committees on Armed Services and on Appropria-
tions of the Senate and the Committees on National
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Security and on Appropriations of the House of Rep-
resentatives a notification of the advance billing; and
‘‘(B) in the case of an advance billing in an
amount that exceeds $50,000,000, thirty days have
elapsed since the date of the notification.
‘‘(3) A notification of an advance billing of a customer
for a working-capital fund that is submitted under para-
graph (2) shall include the following:
‘‘(A) The reasons for the advance billing.
‘‘(B) An analysis of the effects of the advance
billing on military readiness.
‘‘(C) An analysis of the effects of the advance
billing on the customer.
‘‘(4) The Secretary of Defense may waive the applica-
bility of this subsection—
‘‘(A) during a period war or national emer-
gency; or
‘‘(B) to the extent that the Secretary determines
necessary to support a contingency operation.
‘‘(5) The Secretary of Defense shall submit to the com-
mittees referred to in paragraph (2) a report on advance
billings for all working-capital funds whenever the aggre-
gate amount of the advance billings for all working-capital
funds not covered by a notification under that paragraph
or a report previously submitted under this paragraph ex-
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ceeds $50,000,000. The report shall be submitted not later
than 30 days after the end of the month in which the aggre-
gate amount first reaches $50,000,000. The report shall in-
clude, for each customer covered by the report, a discussion
of the matters described in paragraph (3).
‘‘(6) In this subsection:
‘‘(A) The term ‘advance billing’, with respect to
a working-capital fund, means a billing of a customer
by the fund, or a requirement for a customer to reim-
burse or otherwise credit the fund, for the cost of goods
or services provided (or for other expenses incurred)
on behalf of the customer that is rendered or imposed
before the customer receives the goods or before the
services have been performed.
‘‘(B) The term ‘customer’ means a requisitioning
component or agency.’’.
(b) REPORTS
ON
ADVANCE
BILLINGS
FOR
THE
DBOF.—Section 2216a(d)(3) of title 10, United States
Code, is amended—
(1) in subparagraph (B)(ii), by striking out
‘‘$100,000,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$50,000,000’’; and
(2) by adding at the end the following:
‘‘(D) A report required under subparagraph (B)(ii)
shall be submitted not later than 30 days after the end of
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the month in which the aggregate amount referred to in
that subparagraph reaches the amount specified in that sub-
paragraph.’’.
(c) FISCAL YEAR 1998 LIMITATION.—(1) The total
amount of advance billings for Department of Defense work-
ing-capital funds and the Defense Business Operations
Fund for fiscal year 1998 may not exceed $1,000,000,000.
(2) In paragraph (1), the term ‘‘advance billing’’, with
respect to the working-capital funds of the Department of
Defense and the Defense Business Operations Fund, has the
same meaning as is provided with respect to working-cap-
ital funds in section 2208(k)(6) of title 10, United States
Code (as amended by subsection (a)).
SEC. 362. CENTER FOR EXCELLENCE IN DISASTER MANAGE-
MENT AND HUMANITARIAN ASSISTANCE.
(a) ESTABLISHMENT.—The Secretary of Defense may
operate a Center for Excellence in Disaster Management
and Humanitarian Assistance at Tripler Army Medical
Center, Hawaii.
(b) MISSIONS.—The Secretary of Defense shall specify
the missions of the Center. The missions shall include the
following:
(1) To provide and facilitate education, training,
and research in civil-military operations, particu-
larly operations that require international disaster
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management and humanitarian assistance and oper-
ations that require interagency coordination.
(2) To make available high-quality disaster
management and humanitarian assistance in re-
sponse to disasters.
(3) To provide and facilitate education, training,
interagency coordination, and research on the follow-
ing additional matters:
(A) Management of the consequences of nu-
clear, biological, and chemical events.
(B) Management of the consequences of ter-
rorism.
(C) Appropriate roles for the reserve compo-
nents in the management of such consequences
and in disaster management and humanitarian
assistance in response to natural disasters.
(D) Meeting requirements for information
in connection with regional and global disasters,
including use of advanced communications tech-
nology as a virtual library.
(E) Tropical medicine, particularly in rela-
tion to the medical readiness requirements of the
Department of Defense.
(4) To develop a repository of disaster risk indi-
cators for the Asia-Pacific region.
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(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-
TION AUTHORIZED.—The Secretary may enter into an
agreement with appropriate officials of an institution of
higher education to provide for joint operation of the Cen-
ter. Any such agreement shall provide for the institution
to furnish necessary administrative services for the Center,
including administration and allocation of funds.
(d) ACCEPTANCE OF FUNDS.—(1) Except as provided
in paragraph (2), the Secretary of Defense may, on behalf
of the Center, accept funds for use to defray the costs of
the Center or to enhance the operation of the Center from
any agency of the Federal Government, any State or local
government, any foreign government, any foundation or
other charitable organization (including any that is orga-
nized or operates under the laws of a foreign country), or
any other private source in the United States or a foreign
country.
(2)(A) The Secretary may not accept a gift or donation
under paragraph (1) if the acceptance of the gift or dona-
tion, as the case may be, would compromise or appear to
compromise—
(i) the ability of the Department of Defense, or
any employee of the Department, to carry out any re-
sponsibility or duty of the Department in a fair and
objective manner; or
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(ii) the integrity of any program of the Depart-
ment of Defense or of any official involved in such a
program.
(B) The Secretary shall prescribe written guidance set-
ting forth the criteria to be used in determining whether
or not the acceptance of a foreign gift or donation would
have a result described in subparagraph (A).
(3) Funds accepted by the Secretary under paragraph
(1) shall be credited to appropriations available to the De-
partment of Defense for the Center. Funds so credited shall
be merged with the appropriations to which credited and
shall be available for the Center for the same purposes and
the same period as the appropriations with which merged.
(e) FUNDING FOR FISCAL YEAR 1998.—Of the funds
authorized to be appropriated under section 301, $5,000,000
shall be available for the Center for Excellence in Disaster
Management and Humanitarian Assistance.
SEC. 363. ADMINISTRATIVE ACTIONS ADVERSELY AFFECT-
ING MILITARY TRAINING OR OTHER READI-
NESS ACTIVITIES.
(a) CONGRESSIONAL NOTIFICATION.—Chapter 101 of
title 10, United States Code, is amended by adding at the
end the following:
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‘‘§ 2014. Administrative actions adversely affecting
military training or other readiness ac-
tivities
‘‘(a) CONGRESSIONAL NOTIFICATION.—Whenever an
official of an Executive agency takes or proposes to take
an administrative action that, as determined by the Sec-
retary of Defense in consultation with the Chairman of the
Joint Chiefs of Staff, affects training or any other readiness
activity in a manner that has or would have a significant
adverse effect on the military readiness of any of the armed
forces or a critical component thereof, the Secretary shall
submit a written notification of the action and each signifi-
cant adverse effect to the head of the Executive agency tak-
ing or proposing to take the administrative action and to
the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Represent-
atives and, at the same time, shall transmit a copy of the
notification to the President.
‘‘(b) NOTIFICATION TO BE PROMPT.—(1) Subject to
paragraph (2), the Secretary shall submit a written notifi-
cation of an administrative action or proposed administra-
tive action required by subsection (a) as soon as the Sec-
retary becomes aware of the action or proposed action.
‘‘(2) The Secretary shall prescribe policies and proce-
dures to ensure that the Secretary receives information on
an administrative action or proposed administrative action
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described in subsection (a) promptly after Department of
Defense personnel receive notice of such an action or pro-
posed action.
‘‘(c) CONSULTATION BETWEEN SECRETARY AND HEAD
OF EXECUTIVE AGENCY.—Upon notification with respect to
an administrative action or proposed administrative action
under subsection (a), the head of the Executive agency con-
cerned shall—
‘‘(1) respond promptly to the Secretary; and
‘‘(2) consistent with the urgency of the training
or readiness activity involved and the provisions of
law under which the administrative action or pro-
posed administrative action is being taken, seek to
reach an agreement with the Secretary on immediate
actions to attain the objective of the administrative
action or proposed administrative action in a man-
ner which eliminates or mitigates the impacts of the
administrative action or proposed administrative ac-
tion upon the training or readiness activity.
‘‘(d) MORATORIUM.—(1) Subject to paragraph (2),
upon notification with respect to an administrative action
or proposed administrative action under subsection (a), the
administrative action or proposed administrative action
shall cease to be effective with respect to the Department
of Defense until the earlier of—
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‘‘(A) the end of the five-day period beginning on
the date of the notification; or
‘‘(B) the date of an agreement between the head
of the Executive agency concerned and the Secretary
as a result of the consultations under subsection (c).
‘‘(2) Paragraph (1) shall not apply with respect to an
administrative action or proposed administrative action if
the head of the Executive agency concerned determines that
the delay in enforcement of the administrative action or
proposed administrative action will pose an actual threat
of an imminent and substantial endangerment to public
health or the environment.
‘‘(e) EFFECT OF LACK OF AGREEMENT.—(1) In the
event the head of an Executive agency and the Secretary
do not enter into an agreement under subsection (c)(2), the
Secretary shall submit a written notification to the Presi-
dent who shall take final action on the matter.
‘‘(2) Not later than 30 days after the date on which
the President takes final action on a matter under para-
graph (1), the President shall submit to the committees re-
ferred to in subsection (a) a notification of the action.
‘‘(f) LIMITATION ON DELEGATION OF AUTHORITY.—
The head of an Executive agency may not delegate any re-
sponsibility under this section.
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‘‘(g) DEFINITION.—In this section, the term ‘Executive
agency’ has the meaning given such term in section 105
of title 5 other than the General Accounting Office.’’.
(b) CLERICAL AMENDMENT.—The table of sections of
the beginning of such chapter is amended by adding at the
end the following:
‘‘2014. Administrative actions adversely affecting military training or other read-
iness activities.’’.
SEC. 364. FINANCIAL ASSISTANCE TO SUPPORT ADDI-
TIONAL DUTIES ASSIGNED TO ARMY NA-
TIONAL GUARD.
(a) AUTHORITY.—Chapter 1 of title 32, United States
Code, is amended by adding at the end the following:
‘‘§ 113. Federal financial assistance for support of ad-
ditional duties assigned to the Army Na-
tional Guard
‘‘(a) AUTHORITY.—The Secretary of the Army may
provide financial assistance to a State to support activities
carried out by the Army National Guard of the State in
the performance of duties that the Secretary has assigned,
with the consent of the Chief of the National Guard Bureau,
to the Army National Guard of the State. The Secretary
shall determine the amount of the assistance that is appro-
priate for the purpose.
‘‘(b) COVERED
ACTIVITIES.—Activities supported
under this section may include only those activities that
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are carried out by the Army National Guard in the per-
formance of responsibilities of the Secretary under para-
graphs (6), (10), and (11) of section 3013(b) of title 10.
‘‘(c) DISBURSEMENT THROUGH NATIONAL GUARD BU-
REAU.—The Secretary shall disburse any contribution
under this section through the Chief of the National Guard
Bureau.
‘‘(d) AVAILABILITY OF FUNDS.—Funds appropriated
for the Army for a fiscal year are available for providing
financial assistance under this section in support of activi-
ties carried out by the Army National Guard during that
fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘113. Federal financial assistance for support of additional duties assigned to the
Army National Guard.’’.
SEC. 365. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE
AMMUNITION 
AND 
AMMUNITION 
COMPO-
NENTS.
(a) AUTHORITY.—Chapter 443 of title 10, United
States Code, is amended by adding at the end the following
new section:
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‘‘§ 4687. Sale of excess, obsolete, or unserviceable am-
munition and ammunition components
‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—The Sec-
retary of the Army may sell ammunition or ammunition
components that are excess, obsolete, or unserviceable and
have not been demilitarized to a person eligible under sub-
section (c) if—
‘‘(1) the purchaser enters into an agreement, in
advance, with the Secretary—
‘‘(A) to demilitarize the ammunition or
components; and
‘‘(B) to reclaim, recycle, or reuse the compo-
nent parts or materials; or
‘‘(2) the Secretary, or an official of the Depart-
ment of the Army designated by the Secretary, ap-
proves the use of the ammunition or components pro-
posed by the purchaser as being consistent with the
public interest.
‘‘(b) METHOD OF SALE.—The Secretary shall use com-
petitive procedures to sell ammunition and ammunition
components under this section, except that the Secretary
may negotiate a sale in any case in which the Secretary
determines that there is only one potential buyer of the
items being offered for sale.
‘‘(c) ELIGIBLE PURCHASERS.—A purchaser of excess,
obsolete, or unserviceable ammunition or ammunition com-
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ponents under this section shall be a licensed manufacturer
(as defined in section 921(10) of title 18) that, as deter-
mined by the Secretary, has a capability to modify, re-
claim, transport, and either store or sell the ammunition
or ammunition components purchased.
‘‘(d) HOLD HARMLESS AGREEMENT.—The Secretary
shall require a purchaser of ammunition or ammunition
components under this section to agree to hold harmless and
indemnify the United States from any claim for damages
for death, injury, or other loss resulting from a use of the
ammunition or ammunition components, except in a case
of willful misconduct or gross negligence of a representative
of the United States.
‘‘(e) VERIFICATION OF DEMILITARIZATION.—The Sec-
retary shall establish procedures for ensuring that a pur-
chaser of ammunition or ammunition components under
this section demilitarizes the ammunition or ammunition
components in accordance with any agreement to do so
under subsection (a)(1). The procedures shall include on-
site verification of demilitarization activities.
‘‘(f) CONSIDERATION.—The Secretary may accept am-
munition, ammunition components, or ammunition demili-
tarization services as consideration for ammunition or am-
munition components sold under this section. The fair mar-
ket value of any such consideration shall be equal to or ex-
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ceed the fair market value or, if higher, the sale price of
the ammunition or ammunition components sold.
‘‘(g) DISPOSITION OF FUNDS.—Amounts received as
proceeds of sale of ammunition or ammunition components
under this section in any fiscal year shall—
‘‘(1) be credited to an appropriation available
for such fiscal year for the acquisition of ammunition
or ammunition components or to an appropriation
available for such fiscal year for the demilitarization
of excess, obsolete, or unserviceable ammunition or
ammunition components; and
‘‘(2) shall be available for the same period and
for the same purposes as the appropriation to which
credited.
‘‘(h) RELATIONSHIP
TO ARMS EXPORT CONTROL
ACT.—Nothing in this section shall be construed to affect
the applicability of section 38 of the Arms Export Control
Act (22 U.S.C. 2778) to sales of ammunition or ammuni-
tion components on the United States Munitions List.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘excess, obsolete, or unserviceable’,
with respect to ammunition or ammunition compo-
nents, means that the ammunition or ammunition
components are no longer necessary for war reserves
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or for support of training of the Army or production
of ammunition or ammunition components.
‘‘(2) The term ‘demilitarize’, with respect to am-
munition or ammunition components—
‘‘(A) means to destroy the military offensive
or defensive advantages inherent in the ammuni-
tion or ammunition components; and
‘‘(B) includes any mutilation, scrapping,
melting, burning, or alteration that prevents the
use of the ammunition or ammunition compo-
nents for the military purposes for which the
ammunition or ammunition components was de-
signed or for a lethal purpose.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘4687. Sale of excess, obsolete, or unserviceable ammunition and ammunition
components.’’.
SEC. 366. INVENTORY MANAGEMENT.
(a) SCHEDULE FOR IMPLEMENTATION OF BEST IN-
VENTORY PRACTICES AT DEFENSE LOGISTICS AGENCY.—
(1) The Director of the Defense Logistics Agency shall de-
velop and submit to Congress a schedule for implementing
within the agency, for the supplies and equipment described
in paragraph (2), inventory practices identified by the Di-
rector as being the best commercial inventory practices for
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such supplies and equipment consistent with military re-
quirements. The schedule shall provide for the implementa-
tion of such practices to be completed not later than three
years after date of the enactment of this Act.
(2) The inventory practices shall apply to the acquisi-
tion and distribution of medical supplies, subsistence sup-
plies, clothing and textiles, commercially available elec-
tronics, construction supplies, and industrial supplies.
(3) For the purposes of this section, the term ‘‘best com-
mercial inventory practice’’ includes a so-called prime ven-
dor arrangement and any other practice that the Director
determines will enable the Defense Logistics Agency to re-
duce inventory levels and holding costs while improving the
responsiveness of the supply system to user needs.
(b) TIME FOR SUBMISSION OF SCHEDULE TO CON-
GRESS.—The schedule required by this section shall be sub-
mitted not later than 180 days after the date of the enact-
ment of this Act.
SEC. 367. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) PILOT PROGRAM REQUIRED.—The Secretary of
Defense may carry out a pilot program to use commercial
sources of services to improve the collection of Department
of Defense claims under aircraft engine warranties.
(b) CONTRACTS.—Exercising authority provided in
section 3718 of title 31, United States Code, the Secretary
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of Defense may enter into contracts under the pilot program
to provide for the following services:
(1) Collection services.
(2) Determination of amounts owed the Depart-
ment of Defense for repair of aircraft engines for con-
ditions covered by warranties.
(3) Identification and location of the sources of
information that are relevant to collection of Depart-
ment of Defense claims under aircraft engine warran-
ties, including electronic data bases and document fil-
ing systems maintained by the Department of Defense
or by the manufacturers and suppliers of the aircraft
engines.
(4) Services to define the elements necessary for
an effective training program to enhance and improve
the performance of Department of Defense personnel
in collecting and organizing documents and other in-
formation that are necessary for efficient filing, proc-
essing, and collection of Department of Defense claims
under aircraft engine warranties.
(c) CONTRACTOR FEE.—Under authority provided in
section 3718(d) of title 31, United States Code, a contract
entered into under the pilot program shall provide for the
contractor to be paid, out of the amount recovered by the
contractor under program, such percentages of the amount
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recovered as the Secretary of Defense determines appro-
priate.
(d) RETENTION OF RECOVERED FUNDS.—Subject to
any obligation to pay a fee under subsection (c), any
amount collected for the Department of Defense under the
pilot program for a repair of an aircraft engine for a condi-
tion covered by a warranty shall be credited to an appro-
priation available for repair of aircraft engines for the fis-
cal year in which collected and shall be available for the
same purposes and same period as the appropriation to
which credited.
(e) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section.
(f) TERMINATION OF AUTHORITY.—The pilot program
shall terminate at the end of September 30, 1999, and con-
tracts entered into under this section shall terminate not
later than that date.
(g) REPORT.—Not later than January 1, 2000, the
Secretary of Defense shall submit to Congress a report on
the pilot program. The report shall include the following:
(1) The number of contracts entered into under
the program.
(2) The extent to which the services provided
under the contracts resulted in financial benefits for
the Federal Government.
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(3) Any additional comments and recommenda-
tions that the Secretary considers appropriate regard-
ing use of commercial sources of services for collection
of Department of Defense claims under aircraft en-
gine warranties.
SEC. 368. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE
TO ENHANCE INCREASED PERFORMANCE OF
MILITARY FAMILY SUPPORT SERVICES BY
PRIVATE SECTOR SOURCES.
Section 2391(b)(5) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(C) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other
Federal funds in order to assist a State or local government
to enhance that government’s capabilities to support efforts
of the Department of Defense to privatize, contract for, or
diversify the performance of military family support serv-
ices in cases in which the capability of the department to
provide such services is adversely affected by an action de-
scribed in paragraph (1).’’.
SEC. 369. MULTITECHNOLOGY AUTOMATED READER CARD
DEMONSTRATION PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of the Navy
shall carry out a program to demonstrate expanded use of
multitechnology automated reader cards throughout the
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Navy and the Marine Corps. The demonstration program
shall include demonstration of the use of the so-called
‘‘smartship’’ technology of the ship-to-shore work load / off
load program of the Navy.
(b) PERIOD OF PROGRAM.—The Secretary shall carry
out the demonstration program for two years beginning not
later than January 1, 1998.
(c) REPORT.—Not later than 90 days after termi-
nation of the demonstration program, the Secretary shall
submit a report on the experience under the program to the
Committee on Armed Services of the Senate and the Com-
mittee on National Security of the House of Representa-
tives.
(d) FUNDING.—(1) Of the amount authorized to be ap-
propriated under section 301(1), $36,000,000 shall be avail-
able for the demonstration program under this section, of
which $6,300,000 shall be available for demonstration of the
use of the so-called ‘‘smartship’’ technology of the ship-to-
shore work load / off load program of the Navy.
(2) Of the amount authorized to be appropriated under
section 301(1), the total amount available for cold weather
clothing is decreased by $36,000,000.
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SEC. 370. CONTRACTING FOR PROCUREMENT OF CAPITAL
ASSETS IN ADVANCE OF AVAILABILITY OF
FUNDS IN THE WORKING-CAPITAL FUND FI-
NANCING THE PROCUREMENT.
Section 2208 of title 10, United States Code, is amend-
ed by adding at the end the following:
‘‘(l)(1) A contract for the procurement of a capital
asset financed by a working-capital fund may be awarded
in advance of the availability of funds in the working-cap-
ital fund for the procurement.
‘‘(2) Paragraph (1) applies to any of the following cap-
ital assets that have a development or acquisition cost of
not less than $100,000:
‘‘(A) A minor construction project under section
2805(c)(1) of this title.
‘‘(B) Automatic data processing equipment or
software.
‘‘(C) Any other equipment.
‘‘(D) Any other capital improvement.’’.
SEC. 371. CONTRACTED TRAINING FLIGHT SERVICES.
Of the amount authorized to be appropriated under
section 301(4), $12,000,000 may be used for contracted
training flight services.
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Subtitle F—Sikes Act Improvement
SEC. 381. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Sikes Act Improvement Act of 1997’’.
(b) REFERENCES TO SIKES ACT.—In this subtitle, the
term ‘‘Sikes Act’’ means the Act entitled ‘‘An Act to promote
effectual planning, development, maintenance, and coordi-
nation of wildlife, fish, and game conservation and rehabili-
tation in military reservations’’, approved September 15,
1960 (commonly known as the ‘‘Sikes Act’’) (16 U.S.C.
670a et seq.).
SEC. 382. PREPARATION OF INTEGRATED NATURAL RE-
SOURCES MANAGEMENT PLANS.
(a) IN GENERAL.—Section 101 of the Sikes Act (16
U.S.C. 670a(a)) is amended by striking subsection (a) and
inserting the following:
‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—
‘‘(1) PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary of De-
fense shall carry out a program to provide for
the conservation and rehabilitation of natural
resources on military installations.
‘‘(B) INTEGRATED
NATURAL
RESOURCES
MANAGEMENT PLAN.—To facilitate the program,
the Secretary of each military department shall
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prepare and implement an integrated natural
resources management plan for each military in-
stallation in the United States under the juris-
diction of the Secretary, unless the Secretary de-
termines that the absence of significant natural
resources on a particular installation makes
preparation of such a plan inappropriate.
‘‘(2) COOPERATIVE
PREPARATION.—The Sec-
retary of a military department shall prepare each
integrated natural resources management plan for
which the Secretary is responsible in cooperation with
the Secretary of the Interior, acting through the Di-
rector of the United States Fish and Wildlife Service,
and the head of each appropriate State fish and wild-
life agency for the State in which the military instal-
lation concerned is located. Consistent with para-
graph (4), the resulting plan for the military installa-
tion shall reflect the mutual agreement of the parties
concerning conservation, protection, and management
of fish and wildlife resources.
‘‘(3) PURPOSES OF PROGRAM.—Consistent with
the use of military installations to ensure the pre-
paredness of the Armed Forces, the Secretaries of the
military departments shall carry out the program re-
quired by this subsection to provide for—
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‘‘(A) the conservation and rehabilitation of
natural resources on military installations;
‘‘(B) the sustainable multipurpose use of the
resources, which shall include hunting, fishing,
trapping, and nonconsumptive uses; and
‘‘(C) subject to safety requirements and
military security, public access to military in-
stallations to facilitate the use.
‘‘(4) EFFECT ON OTHER LAW.—Nothing in this
title—
‘‘(A)(i) affects any provision of a Federal
law governing the conservation or protection of
fish and wildlife resources; or
‘‘(ii) enlarges or diminishes the responsibil-
ity and authority of any State for the protection
and management of fish and resident wildlife; or
‘‘(B) except as specifically provided in the
other provisions of this section and in section
102, authorizes the Secretary of a military de-
partment to require a Federal license or permit
to hunt, fish, or trap on a military installa-
tion.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 101 of the Sikes Act (16 U.S.C.
670a) is amended—
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(A) in subsection (b)(4), by striking ‘‘coop-
erative plan’’ each place it appears and insert-
ing ‘‘integrated natural resources management
plan’’;
(B) in subsection (c), in the matter preced-
ing paragraph (1), by striking ‘‘a cooperative
plan’’ and inserting ‘‘an integrated natural re-
sources management plan’’;
(C) in subsection (d), in the matter preced-
ing paragraph (1), by striking ‘‘cooperative
plans’’ and inserting ‘‘integrated natural re-
sources management plans’’; and
(D) in subsection (e), by striking ‘‘Coopera-
tive plans’’ and inserting ‘‘Integrated natural re-
sources management plans’’.
(2) Section 102 of the Sikes Act (16 U.S.C. 670b)
is amended by striking ‘‘a cooperative plan’’ and in-
serting ‘‘an integrated natural resources management
plan’’.
(3) Section 103 of the Sikes Act (16 U.S.C. 670c)
is amended by striking ‘‘a cooperative plan’’ and in-
serting ‘‘an integrated natural resources management
plan’’.
(4) Section 106 of the Sikes Act (16 U.S.C. 670f)
is amended—
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(A) in subsection (a), by striking ‘‘coopera-
tive plans’’ and inserting ‘‘integrated natural re-
sources management plans’’; and
(B) in subsection (c), by striking ‘‘coopera-
tive plans’’ and inserting ‘‘integrated natural re-
sources management plans’’.
(c) REQUIRED ELEMENTS OF PLANS.—Section 101(b)
of the Sikes Act (16 U.S.C. 670a(b)) is amended—
(1) by striking ‘‘(b) Each cooperative’’ and all
that follows through the end of paragraph (1) and in-
serting the following:
‘‘(b) REQUIRED ELEMENTS
OF PLANS.—Consistent
with the use of military installations to ensure the pre-
paredness of the Armed Forces, each integrated natural re-
sources management plan prepared under subsection (a)—
‘‘(1) shall, to the extent appropriate and applica-
ble, provide for—
‘‘(A) fish and wildlife management, land
management, forest management, and fish- and
wildlife-oriented recreation;
‘‘(B) fish and wildlife habitat enhancement
or modifications;
‘‘(C) wetland protection, enhancement, and
restoration, where necessary for support of fish,
wildlife, or plants;
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‘‘(D) integration of, and consistency among,
the various activities conducted under the plan;
‘‘(E) establishment of specific natural re-
source management goals and objectives and
time frames for proposed action;
‘‘(F) sustainable use by the public of natu-
ral resources to the extent that the use is not in-
consistent with the needs of fish and wildlife re-
sources;
‘‘(G) public access to the military installa-
tion that is necessary or appropriate for the use
described in subparagraph (F), subject to re-
quirements necessary to ensure safety and mili-
tary security;
‘‘(H) enforcement of applicable natural re-
source laws (including regulations);
‘‘(I) no net loss in the capability of military
installation lands to support the military mis-
sion of the installation; and
‘‘(J) such other activities as the Secretary of
the military department determines appro-
priate;’’;
(2) in paragraph (2), by adding ‘‘and’’ at the
end;
(3) by striking paragraph (3);
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(4) by redesignating paragraph (4) as para-
graph (3); and
(5) in paragraph (3)(A) (as so redesignated), by
striking ‘‘collect the fees therefor,’’ and inserting ‘‘col-
lect, spend, administer, and account for fees for the
permits,’’.
SEC. 383. REVIEW FOR PREPARATION OF INTEGRATED NAT-
URAL RESOURCES MANAGEMENT PLANS.
(a) DEFINITIONS.—In this section, the terms ‘‘military
installation’’ and ‘‘United States’’ have the meanings pro-
vided in section 100 of the Sikes Act (as added by section
389).
(b) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—Not later than 270 days after the
date of enactment of this Act, the Secretary of each
military department shall—
(A) review each military installation in the
United States that is under the jurisdiction of
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resources management plan
under section 101 of the Sikes Act (as amended
by this subtitle) is appropriate; and
(B) submit to the Secretary of Defense a re-
port on the determinations.
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(2) REPORT TO CONGRESS.—Not later than 1
year after the date of enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report on
the reviews conducted under paragraph (1). The re-
port shall include—
(A) a list of the military installations re-
viewed under paragraph (1) for which the Sec-
retary of the appropriate military department
determines that the preparation of an integrated
natural resources management plan is not ap-
propriate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of each reason such a plan is not appropriate.
(c) DEADLINE
FOR
INTEGRATED
NATURAL
RE-
SOURCES MANAGEMENT PLANS.—Not later than 3 years
after the date of the submission of the report required under
subsection (b)(2), the Secretary of each military department
shall, for each military installation with respect to which
the Secretary has not determined under subsection (b)(2)(A)
that preparation of an integrated natural resources man-
agement plan is not appropriate—
(1) prepare and begin implementing such a plan
in accordance with section 101(a) of the Sikes Act (as
amended by this subtitle); or
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(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
tion 101(a) of the Sikes Act on the day before the date
of enactment of this Act, complete negotiations with
the Secretary of the Interior and the heads of the ap-
propriate State agencies regarding changes to the
plan that are necessary for the plan to constitute an
integrated natural resources management plan that
complies with that section, as amended by this sub-
title.
(d) PUBLIC COMMENT.—The Secretary of each mili-
tary department shall provide an opportunity for the sub-
mission of public comments on—
(1) integrated natural resources management
plans proposed under subsection (c)(1); and
(2) changes to cooperative plans proposed under
subsection (c)(2).
SEC. 384. TRANSFER OF WILDLIFE CONSERVATION FEES
FROM CLOSED MILITARY INSTALLATIONS.
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C.
670a(b)) (as redesignated by section 382(c)(4)) is amended
by inserting before the period at the end the following: ‘‘,
unless the military installation is subsequently closed, in
which case the fees may be transferred to another military
installation to be used for the same purposes’’.
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SEC. 385. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended by adding at the end the following:
‘‘(f) REVIEWS AND REPORTS.—
‘‘(1) SECRETARY OF DEFENSE.—Not later than
March 1 of each year, the Secretary of Defense shall
review the extent to which integrated natural re-
sources management plans were prepared or were in
effect and implemented in accordance with this title
in the preceding year, and submit a report on the
findings of the review to the committees. Each report
shall include—
‘‘(A) the number of integrated natural re-
sources management plans in effect in the year
covered by the report, including the date on
which each plan was issued in final form or
most recently revised;
‘‘(B) the amounts expended on conservation
activities conducted pursuant to the plans in the
year covered by the report; and
‘‘(C) an assessment of the extent to which
the plans comply with this title.
‘‘(2) SECRETARY OF THE INTERIOR.—Not later
than March 1 of each year and in consultation with
the heads of State fish and wildlife agencies, the Sec-
retary of the Interior shall submit a report to the
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committees on the amounts expended by the Depart-
ment of the Interior and the State fish and wildlife
agencies in the year covered by the report on con-
servation activities conducted pursuant to integrated
natural resources management plans.
‘‘(3) DEFINITION OF COMMITTEES.—In this sub-
section, the term ‘committees’ means—
‘‘(A) the Committee on Resources and the
Committee on National Security of the House of
Representatives; and
‘‘(B) the Committee on Armed Services and
the Committee on Environment and Public
Works of the Senate.’’.
SEC. 386. COOPERATIVE AGREEMENTS.
Section 103a of the Sikes Act (16 U.S.C. 670c–1) is
amended—
(1) in subsection (a), by striking ‘‘Secretary of
Defense’’ and inserting ‘‘Secretary of a military de-
partment’’;
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection
(b); and
(4) by adding at the end the following:
‘‘(c) MULTIYEAR AGREEMENTS.—Funds made avail-
able to the Department of Defense for a fiscal year may
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be obligated to cover the cost of goods and services provided
under a cooperative agreement entered into under sub-
section (a) or through an agency agreement under section
1535 of title 31, United States Code, during any 18-month
period beginning in the fiscal year, regardless of the fact
that the agreement extends for more than 1 fiscal year.’’.
SEC. 387. FEDERAL ENFORCEMENT.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended—
(1) by redesignating section 106 as section 108;
and
(2) by inserting after section 105 the following:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
‘‘All Federal laws relating to the management of natu-
ral resources on Federal land may be enforced by the Sec-
retary of Defense with respect to violations of the laws that
occur on military installations within the United States.’’.
SEC. 388. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by section
387) the following:
‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
‘‘To the extent practicable using available resources,
the Secretary of each military department shall ensure that
sufficient numbers of professionally trained natural re-
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source management personnel and natural resource law en-
forcement personnel are available and assigned responsibil-
ity to perform tasks necessary to carry out this title, includ-
ing the preparation and implementation of integrated nat-
ural resources management plans.’’.
SEC. 389. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting before section 101 the following:
‘‘SEC. 100. DEFINITIONS.
‘‘In this title:
‘‘(1) MILITARY INSTALLATION.—The term ‘mili-
tary installation’—
‘‘(A) means any land or interest in land
owned by the United States and administered by
the Secretary of Defense or the Secretary of a
military department, except land under the ju-
risdiction of the Assistant Secretary of the Army
having responsibility for civil works;
‘‘(B) includes all public lands withdrawn
from all forms of appropriation under public
land laws and reserved for use by the Secretary
of Defense or the Secretary of a military depart-
ment; and
‘‘(C) does not include any land described in
subparagraph (A) or (B) that is subject to an
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approved recommendation 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).
‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means the 1 or
more agencies of State government that are respon-
sible under State law for managing fish or wildlife
resources.
‘‘(3) UNITED STATES.—The term ‘United States’
means the States, the District of Columbia, and the
territories and possessions of the United States.’’.
SEC. 390. REPEAL.
Section 2 of Public Law 99–561 (16 U.S.C. 670a–1)
is repealed.
SEC. 391. TECHNICAL AMENDMENTS.
(a) The Sikes Act (16 U.S.C. 670a et seq.) is amended
by inserting before title I the following:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Sikes Act’.’’.
(b) The title heading for title I of the Sikes Act (16
U.S.C. prec. 670a) is amended by striking ‘‘MILITARY RES-
ERVATIONS’’ and inserting ‘‘MILITARY INSTALLATIONS’’.
(c) Section 101 of the Sikes Act (16 U.S.C. 670a) is
amended—
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(1) in subsection (b)(3) (as redesignated by sec-
tion 382(c)(4))—
(A) in subparagraph (A), by striking ‘‘the
reservation’’ and inserting ‘‘the military instal-
lation’’; and
(B) in subparagraph (B), by striking ‘‘the
military reservation’’ and inserting ‘‘the mili-
tary installation’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘a mili-
tary reservation’’ and inserting ‘‘a military in-
stallation’’; and
(B) in paragraph (2), by striking ‘‘the res-
ervation’’ and inserting ‘‘the military installa-
tion’’; and
(3) in subsection (e), by striking ‘‘the Federal
Grant and Cooperative Agreement Act of 1977 (41
U.S.C. 501 et seq.)’’ and inserting ‘‘chapter 63 of title
31, United States Code’’.
(d) Section 102 of the Sikes Act (16 U.S.C. 670b) is
amended by striking ‘‘military reservations’’ and inserting
‘‘military installations’’.
(e) Section 103 of the Sikes Act (16 U.S.C. 670c) is
amended—
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(1) by striking ‘‘military reservations’’ and in-
serting ‘‘military installations’’; and
(2) by striking ‘‘such reservations’’ and inserting
‘‘the installations’’.
SEC. 392. AUTHORIZATIONS OF APPROPRIATIONS.
(a) CONSERVATION PROGRAMS ON MILITARY INSTAL-
LATIONS.—Subsections (b) and (c) of section 108 of the
Sikes Act (as redesignated by section 387(1)) are each
amended by striking ‘‘1983’’ and all that follows through
‘‘1993,’’ and inserting ‘‘1998 through 2003,’’.
(b) CONSERVATION PROGRAMS ON PUBLIC LANDS.—
Section 209 of the Sikes Act (16 U.S.C. 670o) is amended—
(1) in subsection (a), by striking ‘‘the sum of
$10,000,000’’ and all that follows through ‘‘to enable
the 
Secretary 
of 
the 
Interior’’ 
and 
inserting
‘‘$4,000,000 for each of fiscal years 1998 through
2003, to enable the Secretary of the Interior’’; and
(2) in subsection (b), by striking ‘‘the sum of
$12,000,000’’ and all that follows through ‘‘to enable
the 
Secretary 
of 
Agriculture’’ 
and 
inserting
‘‘$5,000,000 for each of fiscal years 1998 through
2003, to enable the Secretary of Agriculture’’.
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TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1998, as follows:
(1) The Army, 485,000, of whom not more than
80,300 shall be officers.
(2) The Navy, 390,802, of whom not more than
55,695 shall be officers.
(3) The Marine Corps, 174,000, of whom not
more than 17,978 shall be officers.
(4) The Air Force, 371,577, of whom not more
than 72,732 shall be officers.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUP-
PORT 
TWO 
MAJOR 
REGIONAL 
CONTIN-
GENCIES.
(a) REPEAL.—Section 691 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 39 of such title is amended by
striking out the item relating to section 691.
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Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 1998.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the re-
serve components as of September 30, 1998, as follows:
(1) The Army National Guard of the United
States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 108,002.
(6) The Air Force Reserve, 73,542.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent for a fiscal year shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
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pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 1998, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,671.
(6) The Air Force Reserve, 963.
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SEC. 413. ADDITION TO END STRENGTHS FOR MILITARY
TECHNICIANS.
(a) AIR NATIONAL GUARD.—In addition to the num-
ber of military technicians for the Air National Guard of
the United States as of the last day of fiscal year 1998 for
which funds are authorized to be appropriated in this Act,
100 military technicians are authorized for fiscal year 1998
for five Air National Guard C–130 aircraft units.
(b) AIR FORCE RESERVE.—In addition to the number
of military technicians for the Air Force Reserve as of the
last day of fiscal year 1998 for which funds are authorized
to be appropriated in this Act, 21 military technicians are
authorized for fiscal year 1998 for three Air Force Reserve
C–130 aircraft units.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1998 a total of $69,244,962,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1998.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Personnel Management
SEC. 501. OFFICERS EXCLUDED FROM CONSIDERATION BY
PROMOTION BOARD.
(a) ACTIVE COMPONENT OFFICERS.—Section 619(d) of
title 10, United States Code, is amended by striking out
paragraph (1) and inserting in lieu thereof the following:
‘‘(1) an officer whose name is on—
‘‘(A) a promotion list for that grade as a re-
sult of his selection for promotion to that grade
by an earlier selection board convened under that
section; or
‘‘(B) a list of names of officers recommended
for promotion to that grade that is set forth in
a report of such a board, while the report is
pending action under section 618 of this title’’.
(b) 
RESERVE
COMPONENT
OFFICERS.—Section
14301(c) of such title is amended by striking out paragraph
(1) and inserting in lieu thereof the following:
‘‘(1) an officer whose name is on—
‘‘(A) a promotion list for that grade as a re-
sult of recommendation for promotion to that
grade by an earlier selection board convened
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under that section or section 14502 of this title
or under chapter 36 of this title; or
‘‘(B) a list of names of officers recommended
for promotion to that grade that is set forth in
a report of such a board, while the report is
pending action under section 618, 14110, or
14111 of this title;’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply with respect to each selection board
that is convened under section 611(a), 14101(a), or 14502
of title 10, United States Code, on or after such date.
SEC. 502. INCREASE IN THE MAXIMUM NUMBER OF OFFI-
CERS ALLOWED TO BE FROCKED TO THE
GRADE OF O–6.
Paragraph (2) of section 777(d) of title 10, United
States Code, is amended to read as follows:
‘‘(2) The number of officers of an armed force on the
active-duty list who are authorized as described in sub-
section (a) to wear the insignia for a grade to which a limi-
tation on total number applies under section 523(a) of this
title for a fiscal year may not exceed—
‘‘(A) in the case of the grade of major, lieutenant
colonel, lieutenant commander, or commander, 1 per-
cent of the total number provided for the officers in
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that grade in that armed force in the administration
of the limitation under that section for that fiscal
year; and
‘‘(B) in the case of the grade of colonel or cap-
tain, 2 percent of the total number provided for the
officers in that grade in that armed force in the ad-
ministration of the limitation under that section for
that fiscal year.’’.
SEC. 503. AVAILABILITY OF NAVY CHAPLAINS ON RETIRED
LIST OR OF RETIREMENT AGE TO SERVE AS
CHIEF OR DEPUTY CHIEF OF CHAPLAINS OF
THE NAVY.
(a) ELIGIBILITY OF OFFICERS ON RETIRED LIST.—
(1) Section 5142(b) of title 10, United States Code, is
amended by striking out ‘‘, who are not on the retired list,’’
in the second sentence.
(2) Section 5142a of such title is amended by striking
out ‘‘, who is not on the retired list,’’.
(b) AUTHORITY TO DEFER RETIREMENT.—(1) Chap-
ter 573 of title 10, United States Code, is amended by add-
ing at the end the following new section:
‘‘§ 6411. Chief and Deputy Chief of Chaplains:
deferment of retirement for age
‘‘The Secretary of the Navy may defer the retirement
under section 1251(a) of this title of an officer of the Chap-
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lain Corps if during the period of the deferment the officer
will be serving as the Chief of Chaplains or the Deputy
Chief of Chaplains. A deferment under this subsection may
not extend beyond the first day of the month following the
month in which the officer becomes 68 years of age.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following:
‘‘6411. Chief and Deputy Chief of Chaplains: deferment of retirement for age.’’.
SEC. 504. PERIOD OF RECALL SERVICE OF CERTAIN RETIR-
EES.
(a) INAPPLICABILITY OF LIMITATION TO CERTAIN OF-
FICERS.—Section 688(e) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(2) by adding at the end the following:
‘‘(2) In the administration of paragraph (1), the fol-
lowing officers shall not be counted:
‘‘(A) A chaplain who is assigned to duty as a
chaplain for the period of active duty to which or-
dered.
‘‘(B) A health care professional (as characterized
by the Secretary concerned) who is assigned to duty
as a health care professional for the period of the ac-
tive duty to which ordered.
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‘‘(C) Any officer assigned to duty with the Amer-
ican Battle Monuments Commission for the period of
active duty to which ordered.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on September 30, 1997, imme-
diately after the amendment made by section 521(a) of Pub-
lic Law 104–201 (110 Stat. 2515) takes effect.
SEC. 505. INCREASED YEARS OF COMMISSIONED SERVICE
FOR MANDATORY RETIREMENT OF REGULAR
GENERALS AND ADMIRALS ABOVE MAJOR
GENERAL AND REAR ADMIRAL.
(a) YEARS OF SERVICE.—Section 636 of title 10, Unit-
ed States Code, is amended—
(1) by striking out ‘‘Except’’ and inserting in
lieu thereof ‘‘(a) MAJOR GENERALS AND REAR ADMI-
RALS SERVING IN GRADE.—Except as provided in
subsection (b) or (c) of this section and’’; and
(2) by adding at the end the following:
‘‘(b) LIEUTENANT GENERALS AND VICE ADMIRALS.—
In the administration of subsection (a) in the case of an
officer who is serving in the grade of lieutenant general or
vice admiral, the number of years of active commissioned
service applicable to the officer is 38 years.
‘‘(c) GENERALS AND ADMIRALS.—In the administra-
tion of subsection (a) in the case of an officer who is serving
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in the grade of general or admiral, the number of years
of active commissioned service applicable to the officer is
40 years.’’.
(b) SECTION HEADING.—The heading of such section
is amended to read as follows:
‘‘§ 636. Retirement for years of service: regular officers
in grades above brigadier general and
rear admiral (lower half)’’.
(c) CLERICAL AMENDMENT.—The item relating to such
section in the table of sections at the beginning of sub-
chapter III of chapter 36 of title 10, United States Code,
is amended to read as follows:
‘‘636. Retirement for years of service: regular officers in grades above brigadier
general and rear admiral (lower half).’’.
Subtitle B—Matters Relating to
Reserve Components
SEC. 511. TERMINATION OF READY RESERVE MOBILIZATION
INCOME INSURANCE PROGRAM.
(a) TERMINATION.—(1) Chapter 1214 of title 10, Unit-
ed States Code, is amended by adding at the end the follow-
ing;
‘‘§ 12533. Termination of program authority
‘‘(a) BENEFITS NOT TO ACCRUE.—No benefits accrue
under the insurance program for active duty performed on
or after the program termination date.
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‘‘(b) SERVICE NOT INSURED.—The insurance program
does not apply with respect to any order of a member of
the Ready Reserve into covered service that becomes effective
on or after the program termination date.
‘‘(c) CESSATION OF ACTIVITIES.—No person may be
enrolled, and no premium may be collected, under the in-
surance program on or after the program termination date.
‘‘(d) PROGRAM TERMINATION DATE.—For the pur-
poses of this section, the term ‘program termination date’
is the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 1998.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following:
‘‘12533. Termination of program authority.’’.
(b) PAYMENT OF BENEFITS.—The Secretary of Defense
shall pay in full all benefits that have accrued to members
of the Armed Forces under the Ready Reserve Mobilization
Income Insurance Program before the date of the enactment
of this Act. A refund of premiums to a beneficiary under
subsection (c) may not reduce the benefits payable to the
beneficiary under this subsection.
(c) REFUND OF PREMIUMS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall refund premiums paid under the Ready Re-
serve Mobilization Income Insurance Program to the per-
sons who paid the premiums, as follows:
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(1) In the case of a person for whom no payment
of benefits has accrued under the program, all pre-
miums.
(2) In the case of a person who has accrued bene-
fits under the program, the premiums (including any
portion of a premium) that the person has paid for
periods (including any portion of a period) for which
no benefits accrued to the person under the program.
(d) STUDY AND REPORT.—Not later than June 1,
1998, the Secretary of Defense shall—
(1) carry out a study to determine—
(A) the reasons for the fiscal deficiencies in
the Ready Reserve Mobilization Income Insur-
ance Program that make it necessary to appro-
priate $72,000,000 or more to pay benefits (in-
cluding benefits in arrears) and other program
costs; and
(B) whether there is a need for such a pro-
gram; and
(2) submit to Congress a report containing—
(A) the Secretary’s determinations; and
(B) if the Secretary determines that there is
a need for a Ready Reserve mobilization income
insurance program, the Secretary’s recommenda-
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tions for improving the program under chapter
1214 of title 10, United States Code.
SEC. 512. DISCHARGE OR RETIREMENT OF RESERVE OFFI-
CERS IN AN INACTIVE STATUS.
Section 12683(b)(1) of title 10, United States Code, is
amended to read as follows:
‘‘(1) to—
‘‘(A) a separation under section 12684,
14901, or 14907 of this title; or
‘‘(B) a separation of a reserve officer in an
inactive status in the Standby Reserve who is
not qualified for transfer to the Retired Reserve
or, if qualified, does not apply for transfer to the
Retired Reserve;’’.
SEC. 513. RETENTION OF MILITARY TECHNICIANS IN
GRADE OF BRIGADIER GENERAL AFTER MAN-
DATORY SEPARATION DATE.
(a) RETENTION TO AGE 60.—Section 14702(a) of title
10, United States Code, is amended—
(1) by striking out ‘‘section 14506 or 14507’’ and
inserting in lie thereof ‘‘section 14506, 14507, or
14508(a)’’; and
(2) by striking out ‘‘or colonel’’ and inserting in
lieu thereof ‘‘colonel, or brigadier general’’.
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(b) RELATIONSHIP TO OTHER RETENTION AUTHOR-
ITY.—Section 14508(c) of such title is amended by adding
at the end the following: ‘‘For the purposes of the preceding
sentence, a retention of a reserve officer under section 14702
of this title shall not be construed as being a retention of
that officer under this subsection.’’.
SEC. 514. FEDERAL STATUS OF SERVICE BY NATIONAL
GUARD MEMBERS AS HONOR GUARDS AT FU-
NERALS OF VETERANS.
(a) IN GENERAL.—(1) Chapter 1 of title 32, United
States Code, as amended by section 364, is further amended
by adding at the end the following new section:
‘‘§ 114. Honor guard functions at funerals for veterans
‘‘Subject to such restrictions as may be prescribed by
the Secretary concerned, the performance of honor guard
functions by members of the National Guard at funerals
for veterans of the armed forces may be treated by the Sec-
retary concerned as a Federal function for which appro-
priated funds may be used. Any such performance of honor
guard functions at funerals may not be considered to be
a period of drill or training otherwise required.’’.
(2) The table of sections at the beginning of such chap-
ter, as amended by section 364, is further amended by add-
ing at the end the following new item:
‘‘114. Honor guard functions at funerals for veterans.’’.
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(b) FUNDING FOR FISCAL YEAR 1997.—Section 114 of
title 32, United States Code, as added by subsection (a),
does not authorize additional appropriations for fiscal year
1997. Any expenses of the National Guard that are incurred
by reason of such section during fiscal year 1997 may be
paid from existing appropriations available for the Na-
tional Guard.
Subtitle C—Education and
Training Programs
SEC. 521. SERVICE ACADEMIES FOREIGN EXCHANGE STUDY
PROGRAM.
(a) UNITED STATES MILITARY ACADEMY.—(1) Chap-
ter 403 of title 10, United States Code, is amended by in-
serting after section 4344 the following new section:
‘‘§ 4345. Exchange program with foreign military
academies
‘‘(a) AGREEMENT AUTHORIZED.—The Secretary of the
Army may enter into an agreement with an official of a
foreign government authorized to act for that foreign gov-
ernment to carry out a military academy foreign exchange
study program.
‘‘(b) TERMS OF AGREEMENT.—(1) An agreement with
a foreign government under this section shall provide for
the following:
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‘‘(A) That, on an exchange basis, the Secretary
provide students of military academies of the foreign
government with instruction at the Academy and the
foreign government provide cadets of the Academy
with instruction at military academies of the foreign
government.
‘‘(B) That the number of cadets of the Academy
provided instruction under the exchange program and
the number of students of military academies of the
foreign government provided instruction at the Acad-
emy under the exchange program during an academic
year be equal.
‘‘(C) That the duration of the period of exchange
study for each student not exceed one academic semes-
ter (or an equivalent academic period of a host for-
eign military academy).
‘‘(2) An agreement with a foreign government under
this section may provide for the Secretary to provide a stu-
dent of a military academy of the foreign government with
quarters, subsistence, transportation, clothing, health care,
and other services during the period of the student’s ex-
change study at the Academy to the same extent that the
foreign government provides comparable support and serv-
ices to cadets of the Academy during the period of the ca-
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dets’ exchange study at a military academy of the foreign
government.
‘‘(c) MAXIMUM NUMBER.—Under the exchange pro-
gram not more than a total of 24 cadets of the Academy
may be receiving instruction at military academies of for-
eign governments under the program at any time, and not
more than a total of 24 students of military academies of
foreign governments may be receiving instruction at the
Academy at any time.
‘‘(d) FOREIGN STUDENTS NOT TO RECEIVE PAY AND
ALLOWANCES.—A student of a foreign military academy
provided instruction at the Academy under the exchange
program is not, by virtue of participation in the exchange
program, entitled to the pay, allowances, and emoluments
of a cadet appointed from the United States.
‘‘(e) SPECIAL RULES FOR FOREIGN MILITARY ACAD-
EMY STUDENTS.—(1) Foreign military academy students
receiving instruction at the Academy under the exchange
program are in addition to—
‘‘(A) the number of persons from foreign coun-
tries who are receiving instruction at the Academy
under section 4344 of this title; and
‘‘(B) the authorized strength of the cadets of the
Academy under section 4342 of this title.
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‘‘(2) Subsections (c) and (d) of section 9344 of this title
apply to students of military academies of foreign govern-
ments while the students are participating in the exchange
program under this section.
‘‘(f) REGULATIONS.—The Secretary shall prescribe reg-
ulations to carry out the military academy foreign exchange
study program under this section. The regulations may,
subject to subsection (e)(2), include eligibility criteria and
methods for selection of students to participate in the ex-
change program.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
4344 the following new item:
‘‘4345. Exchange program with foreign military academies.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter
603 of title 10, United States Code, is amended by inserting
after section 6957 the following new section:
‘‘§ 6957a. Exchange program with foreign military
academies
‘‘(a) AGREEMENT AUTHORIZED.—The Secretary of the
Navy may enter into an agreement with an official of a
foreign government authorized to act for that foreign gov-
ernment to carry out a military academy foreign exchange
study program.
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‘‘(b) TERMS OF AGREEMENT.—(1) An agreement with
a foreign government under this section shall provide for
the following:
‘‘(A) That, on an exchange basis, the Secretary
provide students of military academies of the foreign
government with instruction at the Naval Academy
and the foreign government provide midshipmen of
the Academy with instruction at military academies
of the foreign government.
‘‘(B) That the number of midshipmen of the
Naval Academy provided instruction under the ex-
change program and the number of students of mili-
tary academies of the foreign government provided in-
struction at the Naval Academy under the exchange
program during an academic year be equal.
‘‘(C) That the duration of the period of exchange
study for each student not exceed one academic semes-
ter (or an equivalent academic period of a host for-
eign military academy).
‘‘(2) An agreement with a foreign government under
this section may provide for the Secretary to provide a stu-
dent of a military academy of the foreign government with
quarters, subsistence, transportation, clothing, health care,
and other services during the period of the student’s ex-
change study at the Naval Academy to the same extent that
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the foreign government provides comparable support and
services to midshipmen of the Naval Academy during the
period of the cadets’ exchange study at a military academy
of the foreign government.
‘‘(c) MAXIMUM NUMBER.—Under the exchange pro-
gram not more than a total of 24 midshipmen of the Naval
Academy may be receiving instruction at military acad-
emies of foreign governments under the program at any
time, and not more than a total of 24 students of military
academies of foreign governments may be receiving instruc-
tion at the Naval Academy at any time.
‘‘(d) FOREIGN STUDENTS NOT TO RECEIVE PAY AND
ALLOWANCES.—A student of a foreign military academy
provided instruction at the Naval Academy under the ex-
change program is not, by virtue of participation in the
exchange program, entitled to the pay, allowances, and
emoluments of a midshipman appointed from the United
States.
‘‘(e) SPECIAL RULES FOR FOREIGN MILITARY ACAD-
EMY STUDENTS.—(1) Foreign military academy students
receiving instruction at the Naval Academy under the ex-
change program are in addition to—
‘‘(A) the number of persons from foreign coun-
tries who are receiving instruction at the Naval Acad-
emy under section 6957 of this title; and
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‘‘(B) the authorized strength of the midshipmen
under section 6954 of this title.
‘‘(2) Section 6957(c) of this title applies to students
of military academies of foreign governments while the stu-
dents are participating in the exchange program under this
section.
‘‘(f) REGULATIONS.—The Secretary shall prescribe reg-
ulations to carry out the military academy foreign exchange
study program under this section. The regulations may,
subject to subsection (e)(2), include eligibility criteria and
methods for selection of students to participate in the ex-
change program.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
6957 the following new item:
‘‘6957a. Exchange program with foreign military academies.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chap-
ter 903 of title 10, United States Code, is amended by in-
serting after section 9344 the following new section:
‘‘§ 9345. Exchange program with foreign military
academies
‘‘(a) AGREEMENT AUTHORIZED.—The Secretary of the
Air Force may enter into an agreement with an official
of a foreign government authorized to act for that foreign
government to carry out a military academy foreign ex-
change study program.
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‘‘(b) TERMS OF AGREEMENT.—(1) An agreement with
a foreign government under this section shall provide for
the following:
‘‘(A) That, on an exchange basis, the Secretary
provide students of military academies of the foreign
government with instruction at the Air Force Acad-
emy and the foreign government provide Air Force
Cadets of the Academy with instruction at military
academies of the foreign government.
‘‘(B) That the number of Air Force Cadets of the
Academy provided instruction under the exchange
program and the number of students of military
academies of the foreign government provided instruc-
tion at the Academy under the exchange program
during an academic year be equal.
‘‘(C) That the duration of the period of exchange
study for each student not exceed one academic semes-
ter (or an equivalent academic period of a host for-
eign military academy).
‘‘(2) An agreement with a foreign government under
this section may provide for the Secretary to provide a stu-
dent of a military academy of the foreign government with
quarters, subsistence, transportation, clothing, health care,
and other services during the period of the student’s ex-
change study at the Academy to the same extent that the
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foreign government provides comparable support and serv-
ices to Air Force Cadets of the Academy during the period
of the cadets’ exchange study at a military academy of the
foreign government.
‘‘(c) MAXIMUM NUMBER.—Under the exchange pro-
gram not more than a total of 24 Air Force Cadets of the
Academy may be receiving instruction at military acad-
emies of foreign governments under the program at any
time, and not more than a total of 24 students of military
academies of foreign governments may be receiving instruc-
tion at the Academy at any time.
‘‘(d) FOREIGN STUDENTS NOT TO RECEIVE PAY AND
ALLOWANCES.—A student of a foreign military academy
provided instruction at the Academy under the exchange
program is not, by virtue of participation in the exchange
program, entitled to the pay, allowances, and emoluments
of a cadet appointed from the United States.
‘‘(e) SPECIAL RULES FOR FOREIGN MILITARY ACAD-
EMY STUDENTS.—(1) Foreign military academy students
receiving instruction at the Academy under the exchange
program are in addition to—
‘‘(A) the number of persons from foreign coun-
tries who are receiving instruction at the Academy
under section 9344 of this title; and
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‘‘(B) the authorized strength of the Air Force Ca-
dets of the Academy under section 9342 of this title.
‘‘(2) Subsections (c) and (d) of section 9344 of this title
apply to students of military academies of foreign govern-
ments while the students are participating in the exchange
program under this section.
‘‘(f) REGULATIONS.—The Secretary shall prescribe reg-
ulations to carry out the military academy foreign exchange
study program under this section. The regulations may,
subject to subsection (e)(2), include eligibility criteria and
methods for selection of students to participate in the ex-
change program.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
9344 the following new item:
‘‘9345. Exchange program with foreign military academies.’’.
SEC. 522. PROGRAMS OF HIGHER EDUCATION OF THE COM-
MUNITY COLLEGE OF THE AIR FORCE.
(a) PROGRAMS
FOR INSTRUCTORS
AT AIR FORCE
TRAINING SCHOOLS.—Section 9315 of title 10, United
States Code, is amended—
(1) in subsection (b), by striking out ‘‘(b) Subject
to subsection (c)’’ and inserting in lieu thereof ‘‘(b)
CONFERMENT OF DEGREE.—(1) Subject to paragraph
(2)’’;
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(2) by redesignating subsection (c) as paragraph
(2) and in such paragraph, as so redesignated—
(A) by striking out ‘‘(1) the’’ and inserting
in lieu thereof ‘‘(A) the’’; and
(B) by striking out ‘‘(2) the’’ and inserting
in lieu thereof ‘‘(B) the’’;
(3) in subsection (a)—
(A) by inserting after ‘‘(a)’’ the following:
‘‘ESTABLISHMENT AND MISSION.—’’; and
(B) in paragraph (1), by striking out ‘‘Air
Force’’ and inserting in lieu thereof ‘‘armed
forces described in subsection (b)’’; and
(4) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) MEMBERS ELIGIBLE FOR PROGRAMS.—Subject to
such other eligibility requirements as the Secretary con-
cerned may prescribe, the following members of the armed
forces are eligible to participate in programs of higher edu-
cation referred to in subsection (a)(1):
‘‘(1) An enlisted member of the Army, Navy, or
Air Force who is serving as an instructor at an Air
Force training school.
‘‘(2) Any other enlisted member of the Air
Force.’’.
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(b) RETROACTIVE APPLICABILITY.—Subsection (b) of
section 9315 of such title, as added by subsection (a)(4),
shall apply with respect to programs of higher education
of the Community College of the Air Force as of March 31,
1996.
SEC. 523. PRESERVATION OF ENTITLEMENT TO EDU-
CATIONAL ASSISTANCE OF MEMBERS OF THE
SELECTED RESERVE SERVING ON ACTIVE
DUTY IN SUPPORT OF A CONTINGENCY OPER-
ATION.
(a) PRESERVATION OF EDUCATIONAL ASSISTANCE.—
Section 16131(c)(3)(B)(i) of title 10, United States Code,
is amended by striking out ‘‘, in connection with the Per-
sian Gulf War,’’.
(b) EXTENSION OF 10-YEAR PERIOD OF AVAILABIL-
ITY.—Section 16133(b)(4) of such title is amended—
(1) by striking out ‘‘(A)’’;
(2) by striking out ‘‘, during the Persian Gulf
War,’’;
(3) by redesignating clauses (i) and (ii) as sub-
paragraphs (A) and (B), respectively; and
(4) by striking out ‘‘(B) For the purposes’’ and
all that follows through ‘‘title 38.’’.
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SEC. 524. REPEAL OF CERTAIN STAFFING AND SAFETY RE-
QUIREMENTS FOR THE ARMY RANGER TRAIN-
ING BRIGADE.
(a) IN GENERAL.—(1) Section 4303 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter
401 of such title is amended by striking out the item relat-
ing to section 4303.
(b) REPEAL OF RELATED PROVISION.—Section 562 of
Public Law 104–106 (110 Stat. 323) is repealed.
SEC. 525. FLEXIBILITY IN MANAGEMENT OF JUNIOR RE-
SERVE OFFICERS’ TRAINING CORPS.
(a) AUTHORITY OF THE SECRETARY OF DEFENSE.—
Chapter 102 of title 10, United States Code, is amended
by adding at the end the following:
‘‘§ 2032. Responsibility of the Secretary of Defense
‘‘(a) COORDINATION BY SECRETARY OF DEFENSE.—
The Secretary of Defense shall coordinate the establishment
and maintenance of Junior Reserve Officers’ Training
Corps units by the Secretaries of the military departments
in order to maximize enrollment in the Corps and to en-
hance administrative efficiency in the management of the
Corps. The Secretary may impose such requirements re-
garding establishment of units and transfer of existing units
as the Secretary considers necessary to achieve the objectives
set forth in the preceding sentence.