I
105TH CONGRESS
1ST SESSION
H. R. 1119
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military personnel
strengths for fiscal years 1998 and 1999, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 1997
Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the
following bill; which was read twice and referred to the Committee on Na-
tional Security
A BILL
To authorize appropriations for fiscal years 1998 and 1999
for military activities of the Department of Defense,
to prescribe military personnel strengths for fiscal years
1998 and 1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Years 1998 and 1999’’.
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SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—PROCUREMENT
AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Transfer from the National Defense Stockpile Transaction Fund.
Sec. 109. National Guard and Reserve Component Equipment: Annual Report
to Congress.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
Sec. 202. Permanent authority to provide for use of test and evaluation instal-
lations by commercial entities.
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. Fisher House Trust Funds.
Sec. 305. Transfer from the National Defense Stockpile Transaction Fund.
Sec. 306. Repeal of Defense Business Operations Fund.
SUBTITLE B—ENVIRONMENTAL PROVISIONS
Sec. 311. Amendments to authority to enter into agreements with other agen-
cies in support of environmental technology certification.
Sec. 312. Storage and disposal of nondefense toxic and hazardous materials.
SUBTITLE C—OTHER MATTERS
Sec. 321. Programs to commemorate the 50th anniversaries of the Marshall
Plan and the Korean War.
Sec. 322. Admission of civilian students to the Naval Post Graduate School.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A—ACTIVE FORCES
Sec. 401. End strengths for active forces.
SUBTITLE B—RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
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Sec. 631. Authorization for reimbursement of tax liabilities incurred by partici-
pants in the F. Edward Hebert Armed Forces Health Profes-
sions Scholarship Program.
Sec. 632. Authorization for increased stipend payments made under the F. Ed-
ward Hebert Armed Forces Health Professions Scholarship
Program.
TITLE VIII—HEALTH CARE PROVISIONS
Sec. 701. Repeal of the statutory restriction on use of funds for abortions.
Sec. 702. Expanding the limits imposed on providing prosthetic devices to mili-
tary health care beneficiaries.
TITLE VIII—REPEAL OF ACQUISITION REPORTS AND
ACQUISITION POLICY
SUBTITLE A—REPEAL OF CERTAIN ACQUISITION REPORTS
Sec. 801. Repeal of acquisition reports required by Defense Authorization Acts.
Sec. 802. Repeal of extraneous acquisition reporting requirements.
SUBTITLE B—ACQUISITION POLICY
Sec. 811. Use of single payment date for mixed invoices.
Sec. 812. Retention of expired funds during the pendency of contract litigation
Sec. 813. Expanding the authority to cross fiscal years to all severable service
contracts not exceeding a year.
Sec. 814. Small arms weapons procurement objectives for the Army.
Sec. 815. Availability of simplified procedures to commercial item procure-
ments.
Sec. 816. Unit cost reports.
Sec. 817. Repeal of additional documentation requirement for competition ex-
ception for international agreements.
Sec. 818. Elimination of drug-free workplace certification requirement for
grants.
Sec. 819. Vestiture of title.
Sec. 820. Undefinitized contract actions.
Sec. 821. Authority of directors of Department of Defense agencies to lease
non-excess property.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Amendment to frequency of providing policy guidance for contingency
plans.
Sec. 902. Revision of membership terms for Strategic Environmental Research
and Development Program Scientific Advisory Board.
Sec. 903. Closure of the Uniform Services University of the Health Sciences.
Sec. 904. Repeal of requirement to operate Naval Academy Dairy Farm,
Gambrills, Maryland.
Sec. 905. Inclusion of Information Resources Management College in the Na-
tional Defense University.
TITLE X—GENERAL PROVISIONS
SUBTITLE A—FINANCIAL MATTERS
Sec. 1001. Two-year extension of counterproliferation authorities.
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SUBTITLE B—NAVAL VESSELS
Sec. 1010. Negotiating sales of vessels stricken from the naval register.
Sec. 1011. Authority to charter vessel for longer than five years in support of
surveillance towed array sensor (SURTASS) Program.
Sec. 1012. Eighteen month shipbuilding claims.
SUBTITLE C—OTHER MATTERS
Sec. 1020. Arrest authority for special agents of the Defense Criminal Inves-
tigative Service.
Sec. 1021. Access to pre-accession offender records.
Sec. 1022. Extension of authority to provide additional support for counter-
drug activities of Mexico.
Sec. 1023. Asia-Pacific Center for Security Studies.
Sec. 1024. Protection of certain imagery and geospatial information and data.
Sec. 1025. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1026. Repeal of Annual Department of Defense Convention Standoff
Weapons Master Plan and Report on Standoff Munitions.
Sec. 1027. Revisions to the Ballistic Missile Defense Act of 1995.
Sec. 1028. Repeal of reporting requirements, special operations forces: Training
with friendly foreign forces.
SUBTITLE SUBTITLE D—MILITARY CONSTRUCTION PROVISIONS
Sec. 1031. Authority for the Secretary of the Army to construct a heliport at
Fort Irwin, California.
Sec. 1032. Repeal of reports required by Military Construction Authorization
Acts.
Sec. 1033. Financial incentive for energy savings.
Sec. 1034. Water conservation financial incentives.
Sec. 1035. Privatization of Government owned utility systems.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Extension of voluntary separation incentive pay authorization.
Sec. 1102. Elimination of time limitation for placement consideration of invol-
untary separated reserve technicians.
Sec. 1103. Pay practices when overseas teachers transfer to general schedule
positions.
Sec. 1104. Citizenship requirements for staff of the George C. Marshall Center
for Security Studies.
Sec. 1105. Preservation of civil service rights for employees of the former De-
fense Mapping Agency.
Sec. 1106. Authorization for the Marine Corps University to employ civilian
professors.
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TITLE I—PROCUREMENT
Authorization of Appropriations
SEC. 101. ARMY.
(a) AIRCRAFT.—Funds are hereby authorized to be
appropriated for procurement of aircraft for the Army as
follows:
(1) $1,162,459,000 for fiscal year 1998.
(2) $1,240,541,000 for fiscal year 1999.
(b) MISSILES.—Funds are hereby authorized to be
appropriated for procurement of missiels for the Army as
follows:
(1) $1,178,151,000 for fiscal year 1998.
(2) $1,541,375,000 for fiscal year 1999.
(c) WEAPONS AND TRACKED COMBAT VEHICLES.—
Funds are hereby authorized to be appropriated for pro-
curement of weapons and tracked combat vehicles for the
Army as follows:
(1) $1,065,707,000 for fiscal year 1998.
(2) $1,475,106,000 for fiscal year 1999.
(d) AMMUNITION.—Funds are hereby authorized to
be appropriated for procurement of ammunition for the
Army as follows:
(1) $890,902,000 for fiscal year 1998.
(2) $975,973,000 for fiscal year 1999.
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(e) OTHER PROCUREMENT.—Funds are hereby au-
thorized to be appropriated for procurement of ammuni-
tion for the Army as follows:
(1) $2,455,030,000 for fiscal year 1998.
(2) $3,139,830,000 for fiscal year 1999.
SEC. 102. NAVY AND MARINE CORPS.
(a) AIRCRAFT.—Funds are hereby authorized to be
appropriated for procurement of aircraft for the Navy as
follows:
(1) $6,085,965,000 for fiscal year 1998.
(2) $7,669,355,000 for fiscal year 1999.
(b) WEAPONS.—Funds are hereby authorized to be
appropriated for procurement of weapons (including mis-
siles and torpedoes) for the Navy as follows:
(1) $1,136,293,000 for fiscal year 1998.
(2) $1,435,740,000 for fiscal year 1999.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for ammunition
for the Navy and Marine Corps as follows:
(1) $336,797,000 for fiscal year 1998.
(2) $502,625,000 for fiscal year 1999.
(d) SHIPBUILDING AND CONVERSION.—Funds are
hereby authorized to be appropriated for shipbuilding and
conversion for the Navy as follows:
(1) $7,438,158,000 for fiscal year 1998.
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(2) $5,958,044,000 for fiscal year 1999.
(e) OTHER PROCUREMENT, NAVY.—Funds are here-
by authorized to be appropriated for other procurement
for the Navy as follows:
(1) $2,825,500,000 for fiscal year 1998.
(2) $4,185,375,000 for fiscal year 1999.
(f) MARINE CORPS.—Funds are hereby authorized to
be appropriated for procurement for the Marine Corps as
follows:
(1) $374,306,000 for fiscal year 1998.
(2) $695,536,000 for fiscal year 1999.
SEC. 103. AIR FORCE.
(a) AIRCRAFT.—Funds are hereby authorized to be
appropriated for procurement of aircraft for the Air Force
as follows:
(1) $5,817,847,000 for fiscal year 1998.
(2) $8,079,811,000 for fiscal year 1999.
(b) MISSILES.—Funds are hereby authorized to be
appropriated for procurement of missiles for the Air Force
as follows:
(1) $255,774,000 for fiscal year 1998.
(2) $2,892,106,000 for fiscal year 1999.
(c) AMMUNITION.—Funds are hereby authorized to
be appropriated for ammunition for the Air Force as fol-
lows:
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(1) $403,984,000 for fiscal year 1998.
(2) $456,503,000 for fiscal year 1999.
(d) OTHER PROCUREMENT.—Funds are hereby au-
thorized to be appropriated for other procurement for the
Air Force as follows:
(1) $6,561,253,000 for fiscal year 1998.
(2) $6,754,879,000 for fiscal year 1999.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
Defense-wide procurement as follows:
(1) $1,695,085,000 for fiscal year 1998.
(2) $2,616,431,000 for fiscal year 1999.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
procurement for the Inspector General of the Department
of Defense as follows:
(1) $1,800,000 for fiscal year 1998.
(2) $1,100,000 for fiscal year 1999.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
procurement for carrying out health care programs,
projects, and activities of the Department of Defense as
follows:
(1) $274,068,000 for fiscal year 1998.
(2) $246,133,000 for fiscal year 1999.
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SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for
the destruction of lethal chemical weapons in accordance
with section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521) and the destruction
of chemical warfare material of the United States that is
not covered by section 1412 of such Act as follows:
(1) $620,700,000 for fiscal year 1998.
(2) $1,094,200,000 for fiscal year 1999.
SEC. 108. TRANSFER FROM THE NATIONAL DEFENSE
STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $400,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to procurement accounts for
fiscal year 1998 in amounts as follows:
(1) 
For 
Aircraft 
Procurement, 
Army,
$133,000,000.
(2) 
For 
Aircraft 
Procurement, 
Navy,
$134,000,000.
(3) For Aircraft Procurement, Air Force,
$133,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
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(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.
SEC. 109. NATIONAL GUARD AND RESERVE COMPONENT
EQUIPMENT: ANNUAL REPORT TO CONGRESS.
Section 10541(b)(5)(A) of title 10, United States
Code, is amended by striking ‘‘, shown in accordance with
deployment schedules and requirements over successive
30-day periods following mobilization’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 1998.—Funds are hereby author-
ized to be appropriated for fiscal year 1998 for the use
of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $4,510,843,000.
(2) For the Navy, $7,611,022,000.
(3) For the Air Force, $14,451,379,000.
(4) 
For 
Defense-wide 
activities,
$9,361,247,000, of which—
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(A) $268,183,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $23,384,000 is authorized for the Di-
rector of Operational Test and Evaluation.
(b) FISCAL YEAR 1999.—Funds are hereby author-
ized to be appropriated for fiscal year 1999 for the use
of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $4,496,724,000.
(2) For the Navy, $7,756,314,000.
(3) For the Air Force, $13,799,985,000.
(4) 
For 
Defense-wide 
activities,
$8,991,567,000, of which—
(A) $278,767,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $23,447,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. PERMANENT AUTHORITY TO PROVIDE FOR USE
OF TEST AND EVALUATION INSTALLATIONS
BY COMMERCIAL ENTITIES.
Section 2681 of title 10, United States Code, is
amended—
(1) by striking subsection (g); and
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(10) 
For 
the 
Army 
National 
Guard,
$2,258,932,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,991,219,000.
(12) For the Defense Inspector General,
$136,580,000.
(13) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $652,582,000.
(14) For the United States Court of Appeals
for the Armed Forces, $6,952,000.
(15) For Environmental Restoration, Army,
$377,337,000.
(16) For Environmental Restoration, Navy,
$277,500,000.
(17) For Environmental Restoration, Air Force,
$378,900,000.
(18) For Environmental Restoration, Defense-
wide, $27,900,000.
(19) For Environmental Restoration, Formerly
Used Defense Sites, $202,300,000.
(20) 
For 
Medical 
Programs, 
Defense,
$9,766,582,000.
(21) For Overseas Humanitarian, Disaster, and
Civic Aid, $80,130,000.
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(22) For Former Soviet Union Threat Reduc-
tion, $382,200,000.
(23) For the Overseas Contingency Operations
Transfer Fund, $1,467,500,000.
(24) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $10,000,000.
(b) FISCAL YEAR 1999.—Funds are hereby author-
ized to be appropriated for fiscal year 1999 for the use
of the Armed Forces of the United States and other activi-
ties and agencies of the Department of Defense, for ex-
penses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $16,891,339,000.
(2) For the Navy, $21,518,405,000.
(3) For the Marine Corps, $2,403,946,000.
(4) For the Air Force, $18,628,356,000.
(5) 
For 
the 
Defense 
Agencies,
$10,542,807,000.
(6) For the Army Reserve, $1,209,605,000.
(7) For the Naval Reserve, $858,057,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$115,481,000.
(9) For the Air Force Reserve, $1,631,287,000.
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(10) 
For 
the 
Army 
National 
Guard,
$2,366,670,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,981,789,000.
(12) For the Defense Inspector General,
$133,798,000.
(13) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $652,182,000.
(14) For the United States Court of Appeals
for the Armed Forces, $6,950,000.
(15) For Environmental Restoration, Army,
$385,640,000.
(16) For Environmental Restoration, Navy,
$287,600,000.
(17) For Environmental Restoration, Air Force,
$387,100,000.
(18) For Environmental Restoration, Defense-
wide, $25,600,000.
(19) For Environmental Restoration, Formerly
Used Defense Sites, $202,100,000.
(20) 
For 
Medical 
Programs, 
Defense,
$9,496,849,000.
(21) For Overseas Humanitarian, Disaster, and
Civic Aid, $51,211,000.
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(22) For Former Soviet Union Threat Reduc-
tion, $344,700,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) FISCAL YEAR 1998.—Funds are hereby author-
ized to be appropriated for fiscal year 1998 for the use
of the Armed Forces of the United States and other activi-
ties and agencies of the Department of Defense for provid-
ing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds,
$33,400,000.
(2) For the National Defense Sealift Fund,
$1,191,426,000.
(3) For the Military Commissary Fund,
$938,552,000.
(b) FISCAL YEAR 1999.—Funds are hereby author-
ized to be appropriated for fiscal year 1999 for the use
of the Armed Forces of the United States and other activi-
ties and agencies of the Department of Defense for provid-
ing capital for working capital and revolving funds, in
amounts as follows:
(1) For the Defense Working Capital Funds,
$30,800,000.
(2) For the National Defense Sealift Fund,
$689,994,000.
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(3) For the Military Commissary Fund,
$938,694,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated from
the Armed Forces Retirement Home Trust Fund for the
operation of the Armed Forces Retirement Home, includ-
ing the United States Soldiers’ and Airmen’s Home and
the Naval Home, as follows:
(1) $79,977,000 for fiscal year 1998.
(2) $73,332,000 for fiscal year 1999.
SEC. 304. FISHER HOUSE TRUST FUNDS.
There are hereby authorized to be appropriated for
fiscal years 1998 and 1999 from the Fisher House Trust
Fund, Department of the Army; the Fisher House Trust
Fund, Department of the Navy, and from the Fisher
House Trust Fund, Department of the Air Force,
amounts which are available during fiscal years 1998 and
1999 in each such Trust fund for the operation and main-
tenance of the Fisher Houses of the Army, the Navy, and
the Air Force.
SEC. 305. TRANSFER FROM THE NATIONAL DEFENSE
STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $150,000,000 is au-
thorized to be transferred from the National Defense
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Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
SEC. 306. REPEAL OF DEFENSE BUSINESS OPERATIONS
FUNDS.
(a)(1) REPEAL.—Section 2216a of title 10, United
States Code, is repealed.
(2) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 131 of title 10, United States Code, is
amended by striking the item relating to section 2216a.
(b) DEPRECIATION COSTS.—Section 2208(c) of title
10, United States Code, is amended by inserting before
the period at the end ‘‘, including amounts for deprecia-
tion of capital assets, set in accordance with generally ac-
cepted accounting principles’’.
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(c) CONTRACTING FOR CAPITAL ASSETS.—Section
2208 of title 10, United States Code, is amended by add-
ing at the end the following new subsection (l):
‘‘(l)(1) The Secretary of Defense may award
contracts for capital assets of a working capital fund
in advance of the availability of funds in the working
capital fund.
‘‘(2) In this section, the term ‘capital assets’
means the following capital assets that have a devel-
opment or acquisition cost of not less than
$100,000:
‘‘(A) Minor construction projects financed
by a working capital fund pursuant to section
2805(c)(1) of this title.
‘‘(B) Automatic data processing equip-
ment, software.
‘‘(C) Equipment other than equipment de-
scribed in subparagraph (B).
‘‘(D) Other capital improvements.’’.
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Subtitle B—Environmental
Provisions
SEC. 311. AMENDMENTS TO AUTHORITY TO ENTER INTO
AGREEMENTS WITH OTHER AGENCIES IN
SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
Section 327 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2483) is amended—
(1) in subsection (a), by inserting ‘‘, or with an
Indian tribe,’’ after ‘‘with an agency of a State or
local government’’; and
(2) in subsection (b)(1), by striking ‘‘in carry-
ing out its environmental restoration activities’’.
SEC. 312. STORAGE AND DISPOSAL OF NONDEFENSE TOXIC
AND HAZARDOUS MATERIALS.
Section 2692 of title 10, United States Code, is
amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘with respect to materials
that will be or have been used in connection
with an activity of the Department of Defense
or in connection with a service to be performed
for the benefit of the Department of Defense,
or’’ after ‘‘Except’’; and
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(B) by inserting ‘‘or by a service member
or dependent living on that installation’’ after
‘‘is not owned by the Department of Defense’’;
and
(2) in subsection (b)(8)—
(A) by striking ‘‘by a private person’’;
(B) by striking ‘‘by that person of an in-
dustrial-type’’ and inserting in lieu thereof ‘‘of
a’’; and
(C) by inserting ‘‘including the use of a
space launch facility located on a Department
of Defense installation or on other land con-
trolled by the United States, and including the
use of Department of Defense facilities for test-
ing material or training personnel’’ after ‘‘facil-
ity of the Department of Defense’’; and
(3) in subsection (b)(9)—
(A) by striking ‘‘by a private person’’;
(B) by striking ‘‘commercial’’;
(C) by striking ‘‘by that person of an in-
dustrial-type’’ and inserting in lieu thereof ‘‘of
a’’;
(D) by striking ‘‘with that person’’ and in-
serting in lieu thereof ‘‘with the prospective
user’’; and
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(E) in subparagraph (B), by striking ‘‘for
that person’s’’ and inserting in lieu thereof ‘‘for
the prospective user’s’’.
Subtitle C—Other Matters
SEC. 321. PROGRAMS TO COMMEMORATE THE 50TH ANNI-
VERSARY OF THE MARSHALL PLAN AND THE
KOREAN WAR.
(a) IN GENERAL.—The Secretary of Defense may—
(1) during fiscal year 1997, conduct a program
to commemorate the 50th anniversary of the Mar-
shall Plan;
(2) during fiscal years 1998 through 2003, con-
duct a program to commemorate the 50th anniver-
sary of the Korean war; and
(3) coordinate, support, and facilitate other pro-
grams and activities of the Federal Government,
State and local governments, and other persons in
commemoration of the Marshall Plan or in com-
memoration of the Korean war during the time peri-
ods established in this subsection for each program,
respectively.
(b) USE
OF FUNDS.—During fiscal years 1997
through 2003, funds appropriated to the Department of
Defense for Operation and Maintenance, Army, shall be
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available to conduct the programs referred to in subsection
(a).
(c) PROGRAM ACTIVITIES.—The program referred to
in subsection (a) may include activities and ceremonies—
(1) to provide the people of the United States
with a clear understanding and appreciation of the
Marshall Plan;
(2) to pay tribute to General George C. Mar-
shall for a lifetime of service to the United States;
(3) to provide the people of the United States
with a clear understanding and appreciation of the
lessons and history of the Korean war;
(4) to thank and honor veterans of the Korean
war and their families;
(5) to pay tribute to the sacrifices and contribu-
tions made on the home front by the people of the
United States;
(6) to highlight advances in technology, science,
and medicine related to military research conducted
during the Korean war;
(7) to recognize the contributions and sacrifices
made by Korean war allies of the United States; and
(8) to highlight the role of the Armed Forces of
the United States, then and now, in maintaining
world peace through strength.
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(d) AUTHORITY OF THE SECRETARY.—(1) In connec-
tion with the programs referred to in subsection (a), the
Secretary of Defense may adopt, use, and register as
trademarks and service marks: emblems, signs, insignia,
or words. The Secretary shall have the exclusive right to
the preexisting emblems, signs, insignia, or words, subject
to the preexisting rights described in paragraph (3), and
may grant exclusive or nonexclusive licenses in connection
therewith.
(2) Without the consent of the Secretary of Defense,
any person who knowingly uses any emblem, sign, insig-
nia, or word adopted, used, or registered as a trademark
or service mark by the Secretary in accordance with para-
graph (1), or any combination or simulation thereof tend-
ing to cause confusion, to cause mistake, to deceive, or
to falsely suggest a connection with the program referred
to in subsection (a), shall be subject to suit in a civil action
by the Attorney General, upon complaint by the Secretary
of Defense, for the remedies provided in the Act of July
5, 1946, (60 Stat. 427; commonly known as the ‘‘Trade-
mark Act of 1945’’) (15 U.S.C. 1051, et seq.).
(3) Any person who used an emblem, sign, insignia,
or word adopted, used, or registered as a trademark or
service mark by the Secretary in accordance with para-
graph (1), or any combination or simulation thereof, for
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any lawful purpose before such adoption, use, or registra-
tion as a trademark or service mark by the Secretary is
not prohibited by this section from continuing such lawful
use for the same purpose and for the same goods or serv-
ices.
(e) ESTABLISHMENT OF ACCOUNT.—(1) There is es-
tablished in the Treasury of the United States an account
to be known as the ‘‘Department of Defense 50th Anniver-
sary of the Marshall Plan and Korean War Commemora-
tion Account’’ which shall be administered by the Sec-
retary of Defense as a single account. There shall be de-
posited into the account all proceeds derived from activi-
ties described in subsection (d).
(2) The Secretary may use the funds in the account
established in paragraph (1) only for the purposes of con-
ducting the programs referred to in subsection (a).
(3) Not later than 60 days after the termination of
the authority of the Secretary to conduct the commemora-
tion programs referred to in subsection (a), the Secretary
shall transmit to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a report containing an account-
ing of all the funds deposited into and expended from the
account or otherwise expended under this section, and of
any amount remaining in the account. Unobligated funds
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which remain in the account after termination of the au-
thority of the Secretary under this section shall be held
in the account until transferred by law after the Commit-
tees receive the report.
(f) PROVISION OF VOLUNTARY SERVICES.—(1) Not-
withstanding section 1342 of title 31, United States Code,
the Secretary of Defense may accept from any person vol-
untary services to be provided in furtherance of the pro-
grams referred to in subsection (a).
(2) A person providing voluntary services under this
subsection shall be considered to be an employee for the
purposes of chapter 81 of title 5, United States Code, re-
lating to compensation for work-related injuries, and for
purposes of standards of conduct and the provisions of
sections 202, 203, 205, 207, 208, and 209 of title 18,
United States Code, shall be considered a special govern-
mental employee. Such a person who is not otherwise em-
ployed by the Federal Government shall not be considered
to be a Federal employee for any other purposes by reason
of the provision of such service.
(3) The Secretary of Defense may provide for reim-
bursement of incidental expenses which are incurred by
a person providing voluntary services under this sub-
section. The Secretary of Defense shall determine which
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expenses are eligible for reimbursement under this para-
graph.
SEC. 322. ADMISSION OF CIVILIAN STUDENTS TO THE
NAVAL POSTGRADUATE SCHOOL.
(a) NAVAL POSTGRADUATE SCHOOL: ADMISSION.—
Section 7047 of title 10, United States Code, is amended
to read as follows:
‘‘§ 7047. Admission of civilians
‘‘(a) ADMISSION PURSUANT TO RECIPROCAL AGREE-
MENT.—Under regulations prescribed by the Secretary of
the Navy, the Superintendent of the Naval Postgraduate
School may enter into an agreement with an accredited
institution of higher education (or a consortium of such
institutions) to permit a student described in subsection
(c) who is enrolled at that institution to receive instruction
at the Naval Postgraduate School on a tuition-free basis.
In exchange for the admission of the student under this
subsection, the accredited institution of higher education
shall enroll, on a tuition-free basis, an officer of the armed
forces or other person properly admitted for instruction
at the Naval Postgraduate School in courses offered by
that institution corresponding in length to the instruction
provided to the student at the Naval Postgraduate School.
‘‘(b) ADMISSION ON A SPACE AVAILABLE BASIS.—
Under regulations prescribed by the Secretary of the
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Navy, the Superintendent of the Naval Postgraduate
School may permit a student described in subsection (c),
who is enrolled at an accredited institution of higher edu-
cation that is a party to an agreement under subsection
(a), to receive instruction at the Naval Postgraduate
School on a cost-reimbursable, space-available basis.
‘‘(c) ELIGIBLE STUDENTS.—A student enrolled at an
accredited institution of higher education may be admitted
to the Naval Postgraduate School under subsection (a) or
(b) if—
‘‘(1) the student is a citizen of the United
States or is lawfully admitted for permanent resi-
dence in the United States;
‘‘(2) the Superintendent determines that the
student has a demonstrated ability in a field of
study designated by the Superintendent as related to
naval warfare, armed conflict or national security;
and
‘‘(3) the student meets the academic require-
ments for admission to the Naval Postgraduate
School.
‘‘(d) RETENTION OF FUNDS COLLECTED.—Amounts
collected under subsection (b) to reimburse the Naval
Postgraduate School for the costs of providing instruction
to students permitted to attend the Naval Postgraduate
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School under this section shall be credited as an addition
to the appropriation supporting the operation and mainte-
nance of the Naval Postgraduate School.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 605 of title 10, United States
Code, is amended by striking out the item relating to sec-
tion 7047 and inserting in lieu thereof the following new
item:
‘‘7047. Admission of civilians.’’.
TITLE IV—PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) FISCAL YEAR 1998.—The Armed Forces are au-
thorized strengths for active duty personnel as of Septem-
ber 30, 1998, as follows:
(1) The Army, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
(b) FISCAL YEAR 1999.—The Armed Forces are au-
thorized strengths for active duty personnel as of Septem-
ber 30, 1999, as follows:
(1) The Army, 495,000.
(2) The Navy, 384,888.
(3) The Marine Corps, 174,000.
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(4) The Air Force, 370,821.
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
reserve components as of September 30, 1998, as follows:
(1) The Army National Guard of the United
States, 366,516.
(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, 107,377.
(6) The Air Force Reserve, 73,431.
(7) The Coast Guard Reserve, 8,000.
(b) FISCAL YEAR 1999.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the
reserve components as of September 30, 1999, as follows:
(1) The Army National Guard of the United
States, 366,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 93,582.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 107,049.
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(6) The Air Force Reserve, 73,703.
(7) The Coast Guard Reserve, 8,000.
(c) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a)
or subsection (b) by not more than 2 percent.
(d) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) or (b) for the Selected Reserve of any re-
serve component 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-
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
Reserve of such reserve component shall be proportion-
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) FISCAL YEAR 1998.—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 mem-
bers of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the re-
serve 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, 10,616.
(6) The Air Force Reserve, 963.
(b) FISCAL YEAR 1999.—Within the end strengths
prescribed in section 411(b), the reserve components of
the Armed Forces are authorized, as of September 30,
1999, the following number of Reserves to be serving on
full-time active duty or full-time duty, in the case of mem-
bers of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the re-
serve components:
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(1) The Army National Guard of the United
States, 21,380.
(2) The Army Reserve, 11,450.
(3) The Naval Reserve, 16,073.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,704.
(6) The Air Force Reserve, 984.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel
Policy
SEC. 501. AUTHORIZATION FOR PERSONNEL TO SERVE IN
THE MANAGEMENT OF NON-FEDERAL ENTI-
TIES.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by inserting after section 1032
the following:
‘‘§ 1033. Participation in the management of non-Fed-
eral entities
‘‘(a) A Secretary concerned may authorize members
of the armed forces or officers and employees of the mili-
tary department concerned or the Department of Trans-
portation when the Coast Guard is not operating as a serv-
ice in the Navy, as part of their official duties, to serve
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as directors, officers, trustees, or otherwise participate,
without compensation, in the management of a military
society and other designated entities.
‘‘(b) For purposes of this section—
‘‘(1) ‘military welfare society’ means the:
‘‘(A) Army Emergency Relief;
‘‘(B) Air Force Aid Society;
‘‘(C) Naval-Marine Corps Relief Society;
‘‘(D) Coast Guard Mutual Assistance; and
‘‘(2) ‘other designated entities’ means:
‘‘(A) 
entities, 
including 
athletic 
con-
ferences, regulating and supporting the athletic
programs of the service academies;
‘‘(B) entities regulating international ath-
letic competitions;
‘‘(C) entities, including regional agencies,
which accredit service academies and other
schools of the armed forces; and
‘‘(D) entities, including health care asso-
ciations and professional societies, regulating
and supporting the performance, standards, and
policies of military health care.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter 53 of title 10 is amended
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by inserting after the item relating to section 1032 the
following:
‘‘§ 1033. Participation in management of non-federal entities.’’.
SEC. 502. MODIFYING SELECTION BOARD ELIGIBILITY.
Section 619(d) of title 10, United States Code, is
amended in paragraph (1) by inserting ‘‘or board report’’
after ‘‘promotion list’’.
SEC. 503. LIMITATIONS ON PROMOTION CONSIDERATION
ELIGIBILITY.
Subsection 14301(c) of title 10, United States Code,
is amended by striking paragraph (1) and inserting in lieu
thereof the following new paragraph:
‘‘(1) an officer whose name is on a promotion
list or a board report for that grade as a result of
recommendation for promotion to that grade by an
earlier section board convened under that section or
section 14502 of this title or under chapter 36 of
this title;’’.
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SEC. 504. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OF-
FICERS TO BE CONSIDERED BY VACANCY
PROMOTION BOARD TO GENERAL OFFICER
GRADES AND FOR OFFICERS TO BE CONSID-
ERED BY A VACANCY PROMOTION BOARD TO
GENERAL 
OFFICER 
GRADES 
WHEN 
NOT
SERVING IN THE HIGHER GRADED POSITION.
(a) CONVENING OF SELECTION BOARDS.—Section
14101(a)(2) of title 10, United States Code, is amended
by striking ‘‘(except in the case of a board convened to
consider officers as provided in section 14301(e) of this
title’’.)
(b) ELIGIBILITY
FOR
CONSIDERATION.—Section
14301 of title 10, United States Code, is amended—
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(c) 
GENERAL
OFFICER
PROMOTIONS.—Section
14308 of title 10 is amended—
(1) in subsection (e)(2), by inserting ‘‘a grade
below colonel in’’ after ‘‘(2) an officer in’’; and
(2) by striking the first sentence in subsection
(g) and inserting in lieu thereof the following new
sentence: ‘‘A reserve officer of the Army who is on
a promotion list for promotion to the grade of briga-
dier general or major general as a result of selection
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by a vacancy promotion board may be promoted to
that grade to fill a vacancy in the Army Reserve in
that grade.’’.
(d) VACANCY PROMOTIONS.—Section 14315(b)(1)(A)
of title 10 is amended to read as follows:
‘‘(A) is eligible for assignment to the du-
ties of a general officer of the next higher re-
serve grade in the Army Reserve,’’.
SEC. 505. EXCLUSION OF CERTAIN RETIRED MEMBERS
FROM THE LIMITATION ON THE PERIOD OF
RECALL TO ACTIVE DUTY.
Section 688(e) of title 10, United States Code, is
amended—
(1) by designating the current sentence as para-
graph (1); and
(2) by adding at the end the following new
paragraph:
‘‘(2) In the administration of paragraph (1),
the following officers shall not be counted:
‘‘(A) A chaplain who is assigned to duty as
a chaplain for the period of active duty to which
ordered.
‘‘(B) A health care professional (as charac-
terized by the Secretary concerned) who is as-
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signed to duty as a health care professional for
the period of the active duty to which ordered.
‘‘(C) Any officer assigned to the duty with
the American Battle Monuments Commission
for the period of active duty to which as-
signed.’’.
Subtitle B—Enlisted Personnel
Policy
SEC. 
511. 
AUTHORIZATION 
FOR 
THE 
NAVAL 
POST-
GRADUATE SCHOOL TO ADMIT ENLISTED
MEMBERS OF THE U.S. NAVAL SERVICE,
ARMY, AIR FORCE, AND COAST GUARD AS
STUDENTS.
(a) OTHER UNITED STATES MILITARY PERSONNEL
AUTHORIZED TO ATTEND.—Section 7045 of such title 10
is amended to read as follows:
‘‘§ 7045. Other United States military personnel: ad-
mission
‘‘(a)(1) The Secretary of the Navy may permit offi-
cers of the Army, Air Force, and Coast Guard to receive
instruction at the Naval Postgraduate School. The num-
bers and grades of such officers shall be agreed upon by
the Secretary of the Navy with the Secretaries of the
Army, Air Force, and Transportation, respectively.
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‘‘(2) The Superintendent may permit enlisted mem-
bers of the U.S. Naval Service, Army, Air Force, or Coast
Guard who are assigned to the Naval Postgraduate
School, or to nearby commands, to receive instruction at
the Naval Postgraduate School on a ‘‘space-available’’
basis.
‘‘(b) The Department of the Army, the Department
of the Air Force, and the Department of Transportation
shall bear the cost of the instruction received by the stu-
dents detailed for that instruction by the Secretaries of
the Army, Air Force, and Transportation, respectively.
‘‘(c) While receiving instruction at the Postgraduate
School, officers and enlisted students of the Army, Air
Force, and Coast Guard are subject to regulations, as de-
termined appropriate by the Secretary of the Navy, as
apply to students who are members of the naval service.’’
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 605 of such title 10 is amend-
ed by striking the item relating to section 7045 and insert-
ing in lieu thereof the following new item:
‘‘§ 7045. Other United States military personnel: admission.’’.
SEC. 512. SCOPE OF PARTICIPATION IN COMMUNITY COL-
LEGE OF THE AIR FORCE.
(a) LIMITED EXPANSION.—Section 9315(a)(1) of
title 10, United States Code, is amended to read as fol-
lows:
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‘‘(1) prescribe programs for higher education
for enlisted members of the Air Force, for enlisted
members of other armed forces attending Air Force
tranining schools whose jobs are closely related to
Air Force jobs, and enlisted members of other armed
forces who are serving as instructors at Air Force
training schools, designed to improve the technical,
managerial, and related skills of such members and
to prepare such members for military jobs which re-
quire the utilization of such skills; and ’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to enrollments in
the Community College of the Air Force after March 31,
1996.
Subtitle C—Reserve Personnel
Policy
SEC. 521. CORRECTION TO RETIRED GRADE, GENERAL
RULE CONCERNING NONREGULAR SERVICE.
(a) RETIRED GRADE
OF ARMY OFFICER.—Sub-
section 3961(a) of title 10, United States Code, is amend-
ed by striking ‘‘or for nonregular service under chapter
1223 of this title,’’.
(b) RETIRED GRADE OF AIR FORCE OFFICER.—Sub-
section 8961(a) of title 10, United States Code, is amend-
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ed by striking ‘‘or for nonregular service under chapter
1223 of this title,’’.
SEC. 522. GRADE REQUIREMENT FOR INVOLUNTARY SEPA-
RATION BOARD COMPOSITION.
Section 14906(a)(2) of title 10, United States Code,
is amended by striking ‘‘above lieutenant colonel or com-
mander’’ and inserting in lieu thereof ‘‘of lieutenant colo-
nel or commander or higher,’’.
Subtitle D—Education Policy
SEC. 531. PROTECTION OF EDUCATIONAL ASSISTANCE PRO-
GRAM ENTITLEMENTS FOR SELECTED RE-
SERVE MEMBERS SERVING ON ACTIVE DUTY
IN SUPPORT OF A CONTINGENCY OPER-
ATION.
(a) EXTENSION
OF EDUCATIONAL ASSISTANCE.—
Section 16131(c) of title 10, United States Code, is
amended in paragraph (3)(B)(i)—
(1) by striking ‘‘, in connection with the Per-
sian Gulf War,’’; and
(2) by inserting ‘‘or in support of a contingency
operation as defined in subsection 101(13) of this
title’’ after ‘‘of this title’’.
(b) EXTENSION OF 10-YEAR PERIOD OF AVAILABIL-
ITY.—Section 16133(b) of title 10, United States Code,
is amended in paragraph (4)(A)—
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(1) by striking ‘‘, during the Persian Gulf
War,’’;
(2) by inserting ‘‘or in support of a contingency
operation as defined in subsection 101(13) of this
title’’ after ‘‘of this title’’; and
(3) by striking subparagraph (4)(B).
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1998.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any
adjustment required by section 1009 of title 37, United
States Code, in elements of compensation of members of
the uniformed services to become effective during fiscal
year 1998 shall not be made.
(b) INCREASE IN BASIC PAY AND BAQ.—Effective
on January 1, 1998, the rates of basic pay and basic al-
lowance for quarters of members of the uniformed services
are increased by 2.8 percent.
SEC. 602. CHANGE IN REQUIREMENTS FOR PAY OF READY
RESERVE MUSTER DUTY ALLOWANCE.
Section 433(c) of title 37, United States Code, is
amended by striking the first sentence and inserting in
lieu thereof the following new sentence: ‘‘The allowance
authorized by this section may not be disbursed in kind
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and may be paid to the member on or before the date
on which the muster duty is performed, but shall be paid
no later than 30 days after the date on which muster duty
is performed.’’.
Subtitle B—Bonuses and Special
Pays
SEC. 611. NUCLEAR QUALIFIED OFFICERS: BONUSES AND
SPECIAL PAY.
(a) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section
312 of title 37, United States Code, is amended—
(1) in subsection (a), by striking ‘‘$12,000’’
and inserting in lieu thereof ‘‘$15,000’’; and
(2) in subsection (e), by striking ‘‘September
30, 1998’’ and inserting in lieu thereof ‘‘September
30, 2002’’.
(b) SPECIAL PAY: NUCLEAR CAREER ACCESSION
BONUS.—Section 312b of title 37, United States Code,
is amended—
(1) in subsection (a)(1), by striking ‘‘$8,000’’
and inserting in lieu thereof ‘‘$10,000’’; and
(2) in subsection (c), by striking ‘‘September
30, 1998’’ and inserting in lieu thereof ‘‘September
30, 2002’’.
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(c) SPECIAL PAY: NUCLEAR CAREER ANNUAL IN-
CENTIVE BONUS.—Section 312c of title 37, United States
Code, is amended—
(1) in subsection (a)(1), by striking ‘‘$10,000’’
and inserting in lieu thereof ‘‘12,000’’;
(2) in subsection (b)(1), by striking ‘‘$4,500’’
and inserting in lieu thereof ‘‘$5,500’’; and
(3) in subsection (d), by striking ‘‘October 1,
1998’’ and inserting in lieu thereof ‘‘October 1,
2002’’.
SEC. 612. INCENTIVE FOR ENLISTED MEMBERS TO EXTEND
TOURS OF DUTY OVERSEAS.
(a) INCENTIVE.—Section 314 of title 37, United
States Code, is amended—
(1) in subsection (a), by striking the remainder
of the text after paragraph (4) and inserting in lieu
thereof the following: ‘‘is entitled, upon acceptance
of the agreement providing for such extension by the
Secretary concerned, to either special pay for duty
performed during the period of the extension at a
rate of not more than $80 per month, as prescribed
by the Secretary concerned, or a bonus of up to
$2,000 per year, as prescribed by the Secretary con-
cerned, for specialty requirements at designated lo-
cations.’’;
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(2) by redesignating subsection (b) as sub-
section (d);
(3) in subsection (d), as so redesignated, by in-
serting ‘‘or bonus’’ after ‘‘special pay’’; and
(4) by inserting after subsection (a) the follow-
ing new subsections (b) and (c):
‘‘(b) PAYMENT OF SPECIAL PAY AND BONUS.—Upon
acceptance of a written agreement under subsection (a)
by the Secretary concerned, the payment rate for special
pay and bonuses payable pursuant to the agreement be-
comes fixed. A bonus payable under subsection (a) may
then be paid by the Secretary, either in a lump sum or
installments.
‘‘(c) REPAYMENT OF BONUS.—(1) If a member who
has entered into a written agreement under subsection (a)
and has received all or part of a bonus under this section
fails to complete the total period of extension specified in
the agreement, the Secretary concerned may require the
member to repay the United States, on a pro rata basis
and to the extent that the Secretary determines conditions
and circumstances warrant, all sums paid under this sec-
tion.
‘‘(2) An obligation to repay the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States.
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‘‘(3) A discharge in bankruptcy under title 11 that
is entered less than 5 years after the termination of a writ-
ten agreement entered into under subsection (a) does not
discharge the member signing the agreement from a debt
arising under such agreement or under paragraph (1).
This paragraph applies to any case commenced under title
11 on or after October 1, 1997.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect for agreements executed
on or after October 1, 1997.
SEC. 613. AMENDMENTS TO SELECTED RESERVE REENLIST-
MENT BONUS.
Section 308b of title 37, United States Code, is
amended—
(1) by striking out paragraph (a)(1) and insert-
ing in lieu thereof the following new paragraph:
‘‘(1) has completed less than 14 years of total
military service; and’’.
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) The bonus to be paid under subsection (a) shall
be—
‘‘(1) an initial amount not to exceed $2,500, in
the case of a member who enlists for a period of
three years, or
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‘‘(2) an initial amount not to exceed $5,000, in
the case of a member who enlists for a period of six
years; and
‘‘(3) subsequent payments according to a pay-
ment schedule determined by the Secretary con-
cerned; however, initial payments may not exceed
one-half the total bonus amount.’’; and
(3) by striking subsection (c) and inserting in
lieu thereof the following new subsection (c):
‘‘(c) A member may not be paid more than one six-
year bonus or two three-year bonuses under this section.
If the option for two three-year bonuses is chosen, the first
three year bonus amount shall not exceed $2,000, paid
as determined by the Secretary concerned, except that the
initial payment may not exceed one-half of the total bonus
amount. In order to qualify for the follow on three-year
bonus, the member must reenlist immediately after the
first three-year term and must meet, as determined by the
Secretary concerned, all eligibility criteria at the time of
that reenlistment. Failure to meet all eligibility criteria
will result in forfeiture of continued eligibility for this
bonus. The follow on three-year bonus, if elected and pro-
vided the member meets all eligibility requirements, shall
be paid, in an amount not to exceed $2,500, as if the mem-
ber had selected the three-year option alone.’’.
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SEC. 614. AMENDMENTS TO SELECTED RESERVE PRIOR
SERVICE ENLISTMENT BONUS.
Section 308i of title 37, United States Code, is
amended—
(1) by striking subparagraphs (a)(2)(A) and in-
serting in lieu thereof the following new subpara-
graph (A):
‘‘(A) has completed his military service ob-
ligation but has less than 14 years of total mili-
tary service;’’; and
(2) by amending subsections (b) and (c) to read
as follows:
‘‘(b) The bonus to be paid under subsection (a) shall
be—
‘‘(1) an initial payment not to exceed $2,500, in
the case of a member who enlists for a period of
three years; or
‘‘(2) an initial payment not to exceed $5,000, in
the case of a member who enlists for a period of six
years; and
‘‘(3) subsequent payments according to a sched-
ule determined by the Secretary concerned; however,
initial payments may not exceed one-half the total
bonus amount.
‘‘(c) A member may not be paid more than one six-
year bonus or two three-year bonuses under this section.
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Furthermore, a member may not be paid a bonus under
this section unless the speciality associated with the posi-
tion the member is projected to occupy is a specialty in
which the member successfully served while on active duty
and in which the member attained a level of qualification
commensurate with his grade and years of service. If the
option for two three-year bonuses is chosen, the first three
year bonus amount shall not exceed $2,000, paid as deter-
mined by the Secretary concerned, except that the initial
payment may not exceed one-half of the total bonus
amount. In order to qualify for the follow on three-year
bonus, the member must reenlist immediately after the
first three-year term and must meet, as determined by the
Secretary concerned, all eligibility criteria at the time of
that reenlistment. Failure to meet all eligibility criteria
will result in forfeiture of continued eligibility for this
bonus. The follow on three-year bonus, if elected and pro-
vided the member meets all eligibility requirements, shall
be paid, in an amount not to exceed $2,500, as if the mem-
ber had selected the three-year option alone.’’.
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Subtitle C—Allowances
SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES
FOR DEPENDENTS PRIOR TO APPROVAL OF A
MEMBER’S COURT-MARTIAL SENTENCE.
Section 406(h) of title 37, United States Code, is
amended in paragraph (2)(C)(iii) by striking ‘‘if the sen-
tence is approved’’ and inserting in lieu thereof ‘‘prior to
the sentence being approved’’.
SEC. 622. VARIABLE HOUSING ALLOWANCE AT LOCATION
OF RESIDENCE AFTER A CLOSE PROXIMITY
MOVE.
Section 403a(a) of title 37, United States Code, is
amended by adding at the end the following new para-
graph (5):
‘‘(5) In the case of a member without depend-
ents who is assigned to duty inside the United
States, the location or the circumstances of which
make it necessary that he be reassigned under the
conditions of low cost or no cost permanent change
of station or permanent change of assignment, the
member may be paid a variable housing allowance as
if he were not reassigned if the Secretary concerned
determined (under regulations prescribed under sub-
section (e) of this section) that it would be inequi-
table to base the member’s entitlement to, and
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amount of, variable housing allowance on the area to
which the member is assigned.’’.
Subtitle D—Other Matters
SEC. 631. AUTHORIZATION FOR REIMBURSEMENT OF TAX
LIABILITIES INCURRED BY PARTICIPANTS IN
THE F. EDWARD HE´ BERT ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP PRO-
GRAM.
The Secretary of Defense is authorized to use
amounts appropriated for fiscal year 1997 and subsequent
fiscal years for payments to participants in the F. Edward
He´bert Armed Forces Health Professions Scholarship
Program as reimbursement for payments by such partici-
pants for Federal, State, or local income tax liabilities
based on the value of tuition and related educational ex-
penses provided under such Program prior to October 1,
1997. Individuals will be compensated in a manner con-
sistent with the models set out in the Relocation Income
Tax Allowance as authorized by section 5724b of title 5,
United States Code. Participants who fail to fulfill their
active duty obligation under circumstances that resulted
in recoupment actions are not authorized to receive reim-
bursement under this section.
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SEC. 632. AUTHORIZATION FOR INCREASED STIPEND PAY-
MENTS 
MADE 
UNDER 
THE 
F. 
EDWARD
HE´ BERT ARMED FORCES HEALTH PROFES-
SIONS SCHOLARSHIP PROGRAM.
(a) SUPPLEMENTAL STIPEND.—Section 2121 of title
10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(e)(1) If authorized by the Secretary of Defense
pursuant to paragraph (2), during any month in which
a participant in the program receives a stipend under sub-
section (d), the participant may also be paid a supple-
mental stipend of $400 per month. This amount shall be
increased in the same manner as the stipend amount
under subsection (d).
‘‘(2) The supplemental stipend referred to in para-
graph (1) may not be paid if the Secretary of Defense
determines, after consultation with the Secretary of the
Treasury, that payments made by the Secretary under sec-
tion 2127(a) of this title on behalf of a participant in the
program are excluded from taxable income under section
108 of the Internal Revenue Code of 1986 (26 U.S.C.).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall become effective October 1, 1997.
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TITLE VII—HEALTH CARE
PROVISIONS
SEC. 701. REPEAL OF THE STATUTORY RESTRICTION ON
USE OF FUNDS FOR ABORTIONS.
(a) IN GENERAL.—Section 1093 of title 10, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of Chapter 55, United States Code, is
amended by striking out the item referring to section
1093.
(c) EFFECTIVE DATE.—The amendment made by
this section shall be effective October 1, 1997.
SEC. 702. EXPANDING THE LIMITS IMPOSED ON PROVIDING
PROSTHETIC DEVICES TO MILITARY HEALTH
CARE BENEFICIARIES.
Section 1077 of title 10, United States Code, is
amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(14) Prosthetic devices, as determined by the
Secretary of Defense to be necessary because of sig-
nificant conditions resulting from trauma, congenital
anomalies or disease.’’; and
(2) in subsection (b), by amending paragraph
(2) to read as follows:
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‘‘(2) hearing aids, orthopedic footwear, and
spectacles except that outside of the United States
and at stations inside the United States where ade-
quate civilian facilities are unavailable, such items
may be sold to dependents at cost to the United
States.’’.
TITLE VIII—REPEAL OF ACQUISI-
TION REPORTS AND ACQUISI-
TION POLICY
Subtitle A—Repeal of Certain
Acquisition Reports
SEC. 801. REPEAL OF ACQUISITION REPORTS REQUIRED BY
DEFENSE AUTHORIZATION ACTS.
(a) ANNUAL REPORT
ON FIVE-YEAR SHIP CON-
STRUCTION PROGRAM.—Section 808 of the Department of
Defense Appropriation Authorization Act, 1976 (Public
Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 note) is re-
pealed.
(b) REPORTS RELATING TO POTENTIAL EFFECT OF
OFFSHORE DRILLING ON NAVAL OPERATIONS.—Section
1260 of the Department of Defense Authorization Act,
1984 (Public Law 98–94; 97 Stat. 703) is repealed.
(c) REPORT ON ADVANCED CRUISE MISSILE (SM–
2(N)).—Section 1426 of the Department of Defense Au-
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thorization Act, 1986 (Public Law 99–145; 99 Stat. 753)
is amended—
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as sub-
section (b).
(d) REPORT ON REMOVAL OF BASIC POINT DEFENSE
MISSILE SYSTEM FROM NAVAL AMPHIBIOUS VESSELS.—
Section 1437 of the Department of Defense Authorization
Act, 1986 (Public Law 99–145; 99 Stat. 757) is repealed.
(e) REPORT
ON
PROCUREMENT
COMPETITION
GOALS.—Section 913 of the Department of Defense Au-
thorization Act, 1986 (Public Law 99–145; 99 Stat. 687)
is repealed.
(f) REPORT CONCERNING
THE STRETCHOUT
OF
MAJOR DEFENSE ACQUISITION PROGRAMS.—Section 117
of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100–456; 102 Stat. 1933) is repealed.
(g) ANNUAL REPORT ASSESSING THE SECURITY OF
UNITED STATES BASES IN THE PHILIPPINES.—Section
1309 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100–456; 102 Stat. 2063) is re-
pealed.
(h) COMMISSION REPORT ON ALTERNATIVE UTILIZA-
TION OF MILITARY FACILITIES.—Section 2819 of the Na-
tional Defense Authorization Act, Fiscal Year 1989 (Pub-
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lic Law 100–456; 102 Stat. 2119; 10 U.S.C. 2391 note)
is repealed.
(i) REPORTS CONCERNING THE B–2 PROGRAM.—
The National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101–189; 103 Stat. 1373))
is amended as follows:
(1) Section 112 is repealed.
(2) Section 115 is repealed.
(j) REPORT ON PROCUREMENT FROM COUNTRIES
THAT DENY ADEQUATE AND EFFECTIVE PROTECTION OF
INTELLECTUAL PROPERTY RIGHTS.—Section 852 of the
National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1517) is
amended by striking subsection (b).
(k) REPORT ON ENVIRONMENTAL COMPLIANCE AT
OVERSEAS INSTALLATIONS.—Section 342(b) of the Na-
tional Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510; 104 Stat. 1537; 10 U.S.C. 2701
note) is amended by striking paragraph (4).
SEC. 802. REPEAL OF EXTRANEOUS ACQUISITION REPORT-
ING REQUIREMENTS.
(a) REPEAL OF ANNUAL REPORT.—Section 20 of the
Office of Federal Procurement Policy Act (41 U.S.C. 418)
is amended—
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(1) by striking ‘‘and’’ at the end of paragraph
(b)(3)(B);
(2) by striking (b)(4); and
(3) by redesignating paragraphs (b) (5), (6),
and (7) as paragraphs (b) (4), (5), and (6), respec-
tively.
(b) REPEAL OF REGULATORY REVIEW UPON RE-
QUEST OF INDIVIDUAL.—Section 25 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 421) is amend-
ed—
(1) by striking paragraphs (c) (4), (5), and (6);
and
(2) by striking subsection (g).
(c) DELETION OF REPORTING REQUIREMENT FOR
NONMAJOR ACQUISITION PROGRAMS.—Section 2220(b) of
title 10, United States Code, is amended by striking ‘‘and
nonmajor’’.
(d) REPEAL OF REQUIREMENT FOR CONTRACTOR
GUARANTEES
ON MAJOR WEAPON SYSTEMS.—Section
2403 of title 10, United States Code, is repealed.
Subtitle B—Acquisition Policy
SEC. 811. USE OF SINGLE PAYMENT DATE FOR MIXED IN-
VOICES.
Section 3903(a) of title 31, United States Code, is
amended—
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(1) by striking ‘‘; and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) inserting in lieu thereof ‘‘; and’’; and
(3) by inserting at the end the following new
paragraph (10):
‘‘(10) notwithstanding paragraphs (2), (3) and
(4) of this subsection, in the case of an acquisition
for commercial items for which more than one statu-
tory payment date applies to an invoice, permit a
contract to specify a single payment due date, con-
sistent with prevailing industry contracting practices
and not to exceed 30 days after the date of receipt
of a proper mixed invoice.’’.
SEC. 812. RETENTION OF EXPIRED FUNDS DURING THE
PENDENCY OF CONTRACT LITIGATION.
(a) IN GENERAL.—Chapter 141 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2410m. Retention of expired funds during the
pendency of contract litigation
‘‘(a) RETENTION OF FUNDS.—Notwithstanding sec-
tions 1552(a) and 3302(b) of title 31, United States Code,
any amount, including interest, collected from a contractor
as a result of a claim made by an executive agency under
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the Contract Disputes Act of 1978 (41 U.S.C. 601–613),
shall remain available to pay any settlement reached be-
tween the parties or judgment rendered in a contractor’s
favor on an appeal of the same Government claim to the
Federal courts or the Armed Services Board of Contract
Appeals.
‘‘(b) PERIOD OF AVAILABILITY.—The funds shall re-
main available for obligation and expenditure for a period
not to exceed 180 calendar days following the settlement
of the parties or conclusion of the litigation, including all
avenues of appeal or expiration of all appeal periods.
Thereafter, if the funds have not been obligated and ex-
pended, the account shall be closed and the funds shall
be deposited in the Treasury as miscellaneous receipts.
‘‘(c) REPORTING
REQUIREMENT.—Any disburse-
ments of funds retained under this section shall be re-
ported to Congress annually.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
item:
‘‘2410m. Retention of expired funds during the pendency of contract litigation.’’.
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SEC. 813. EXPANDING THE AUTHORITY TO CROSS FISCAL
YEARS TO ALL SEVERABLE SERVICE CON-
TRACTS NOT EXCEEDING A YEAR.
(a) EXPANDED AUTHORITY.—Section 2410a of title
10, United States Code, is amended to read as follows:
‘‘§ 2410a. Severable service contracts for periods
crossing fiscal years
‘‘(a) AUTHORITY.—The Secretary of Defense or the
Secretary of a military department may enter into a con-
tract for procurement of severable services for a period
that begins in one fiscal year and ends in the next fiscal
year if (without regard to any option to extend the period
of the contract) the contract period does not exceed one
year.
‘‘(b) OBLIGATION OF FUNDS.—Funds made available
for a fiscal year may be obligated for the total amount
of a contract entered into under the authority of sub-
section (a).’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of
chapter 141 of such title is amended to read as follows:
‘‘2410a. Severable service contracts for periods crossing fiscal years.’’.
SEC. 814. SMALL ARMS WEAPONS PROCUREMENT OBJEC-
TIVES FOR THE ARMY.
Section 115(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108
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Stat. 2681), as amended by section 115(b) of the National
Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 206), is further amended by
striking the table and inserting in lieu thereof the follow-
ing new table:
‘‘Weapon
Quantity
MK19–3 grenade machine gun .................................................
20,751
M16A2 rifle ..............................................................................
846,028
M249 squad automatic weapon ................................................
75,443
M4 carbine ................................................................................
119,942.’’.
SEC. 815. AVAILABILITY OF SIMPLIFIED PROCEDURES TO
COMMERCIAL ITEM PROCUREMENTS.
(a) TITLE 10 AMENDMENT.—Section 2304(g) of title
10, United States Code, is amended in subparagraph
(1)(B) by striking ‘‘only’’.
(b) FEDERAL PROPERTY ACT AMENDMENT.—Sec-
tion 303(g) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(g)) is amended in
subparagraph (1)(B) by striking ‘‘only’’.
SEC. 816. UNIT COST REPORTS.
(a) ELIMINATION OF TIME REQUIREMENT FOR RE-
PORT.—Section 2433(c) of title 10, United States Code,
is amended—
(1) by striking ‘‘during the current fiscal year
(other than the last quarterly unit cost report under
subsection (b) for the preceding fiscal year)’’ at the
end of the paragraph;
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(2) by inserting ‘‘or’’ at the end of paragraph
(1);
(3) by striking ‘‘or’’ at the end of paragraph
(2); and
(4) by striking paragraph (3).
(b) ELIMINATION OF QUALIFYING REQUIREMENT.—
Section 2433(d) of such title 10 is amended by striking
in paragraph (3) ‘‘(for the first time since the beginning
of the current fiscal year)’’.
SEC. 817. REPEAL OF ADDITIONAL DOCUMENTATION RE-
QUIREMENT FOR COMPETITION EXCEPTION
FOR INTERNATIONAL AGREEMENTS.
Section 2304(f) of title 10, United States Code, is
amended in subparagraph (2)(E) by inserting a period
after the phrase ‘‘other than competitive procedures’’ and
striking the remainder of that sentence.
SEC. 818. ELIMINATION OF DRUG-FREE WORKPLACE CER-
TIFICATION REQUIREMENT FOR GRANTS.
Section 5153 of the Drug-Free Workplace Act of
1988 (Public Law 100–690; 102 Stat. 4306; 41 U.S.C.
702) is amended—
(1) in subsection (a)(1), by striking ‘‘has cer-
tified to the granting agency that it will’’ and insert-
ing in lieu thereof ‘‘agrees to’’;
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(2) in subsection (a)(2), by striking ‘‘certifies to
the agency’’ and inserting in lieu thereof ‘‘agrees’’;
and
(3) in subsection (b)(1)—
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B), respec-
tively; and
(C) in subparagraph (A), as so redesig-
nated, by striking ‘‘such certification by failing
to carry out’’.
SEC. 819. VESTITURE OF TITLE.
Section 2307 of title 10, United States Code, is
amended—
(1) by redesignating subsection (h) as sub-
section (i); and
(2) by inserting after subsection (g) the follow-
ing new subsection (h):
‘‘(h) VESTITURE OF TITLE.—If a contract provides
for title to property to vest in the United States, such title
shall vest in accordance with the terms of the contract.
Such title shall vest in the United States regardless of any
prior or subsequently asserted security interest in the
property.’’.
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SEC. 820. UNDEFINITIZED CONTRACT ACTIONS.
Section 2326 of title 10, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4); and
(2) in subsection (g)(1), by adding at the end
the following new subparagraphs:
‘‘(E) Contingency operations as defined in
section 101(a)(13) of this title.
‘‘(F) Peacekeeping or peace enforcement
operations as directed by the President.
‘‘(G) Disaster relief operations when di-
rected by the President to perform disaster re-
lief pursuant to the Disaster Relief Act of 1974
(42 U.S.C. 5121 et seq.), or
‘‘(H) Humanitarian assistance.’’.
SEC. 821. AUTHORITY OF DIRECTORS OF DEPARTMENT OF
DEFENSE AGENCIES TO LEASE NON-EXCESS
PROPERTY.
Section 2667 of title 10, United States Code, is
amended—
(1) by redesignating subsection (g) as sub-
section (j); and
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(2) by inserting after subsection (f) the follow-
ing new subsections (g), (h), and (i):
‘‘(g) Whenever the Director of a Defense Agency con-
siders it advantageous to the United States, he may lease
to such lessee and upon such terms as he considers will
promote the national defense or to be in the public inter-
est, personal property that is—
‘‘(1) under the control of the Defense Agency;
‘‘(2) not for the time needed for public use; and
‘‘(3) not excess property, as defined by section
3 of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 472).
‘‘(h) A lease under subsection (g)—
‘‘(1) may not be for more than five years unless
the Director of the Defense Agency concerned deter-
mines that a lease for a longer period will promote
the national defense or be in the public interest;
‘‘(2) may give the lessee the first right to buy
the property if the lease is revoked to allow the
United States to sell the property under any other
provision of law;
‘‘(3) shall permit the Director to revoke the
lease at any time, unless he determines that the
omission of such a provision will promote the na-
tional defense or be in the public interest; and
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‘‘(4) may provide, notwithstanding any other
provision of law, for the improvement, maintenance,
protection, repair, restoration, or replacement by the
lessee, of the property leased as the payment of part
or all of the consideration for the lease.
‘‘(i) Money rentals received pursuant to leases en-
tered into by the Director of a Defense Agency under sub-
section (h) shall be deposited in a special account in the
Treasury established for such Defense Agency. Such sums
deposited in a Defense Agency’s special account shall be
available, as provided in appropriations acts, solely for the
maintenance, repair, restoration, or replacement of the
leased property.’’.
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND
MANAGEMENT
SEC. 901. AMENDMENT TO FREQUENCY OF PROVIDING
POLICY 
GUIDANCE 
FOR 
CONTINGENCY
PLANS.
Section 113(g) of title 10, United States Code, is
amended in paragraph (2) by striking ‘‘annually’’ and in-
serting in lieu thereof ‘‘every two years or as needed’’.
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SEC. 902. REVISION OF MEMBERSHIP TERMS FOR STRATE-
GIC ENVIRONMENTAL RESEARCH AND DE-
VELOPMENT 
PROGRAM 
SCIENTIFIC 
ADVI-
SORY BOARD.
Section 2904(b) of title 10, United States Code, is
amended in paragraph (4) by striking ‘‘three’’ and insert-
ing in lieu thereof ‘‘not less than two and not more than
four’’.
SEC. 903. CLOSURE OF THE UNIFORM SERVICES UNIVER-
SITY OF THE HEALTH SCIENCES.
(a) REPEAL OF AUTHORITY.—Chapter 104 of title
10, United States Code is hereby repealed.
(b) PHASE-OUT PROCESS.—(1) Notwithstanding any
other provision of law, the Secretary of Defense shall
phase out the Uniformed Services University of the Health
Sciences, beginning in fiscal year 1998, and ending with
the closure of such University not later than September
30, 2001. No provision of section 2687 of title 10, United
States Code, or of any other law establishing preconditions
to the closure of any activity of the Department of Defense
shall operate to establish any precondition to the phase-
out and closure of the Uniformed Services University of
Health Sciences as required by this Act.
(2) Under the phase-out process required by para-
graph (1), the Secretary of Defense may exercise all of
the authorities pertaining to the operations of the Uni-
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formed Services University of the Health Sciences that
were granted to the Secretary of Defense, the Board of
Regents, or the Dean of the Uniformed Services Univer-
sity of the Health Sciences by Chapter 104 of title 10,
United States Code, prior to enactment of the repeal of
that chapter by subsection (a). Such authorities may be
exercised by the Secretary of Defense so as to achieve an
orderly phase-out of operations of the Uniformed Services
University of the Health Sciences.
(3) No new class of students may be admitted to
begin studies in the Uniformed Services University of the
Health Sciences after September 30, 1997. No students
may be awarded degrees by such University after Septem-
ber 30, 2001, except that the Secretary may grant excep-
tions on a case-by-case basis for any students who by that
date have completed substantially all degree requirements.
(c) AUTHORITIES AFFECTED.—(1) Commissioned
service obligations incurred by students of the Uniformed
Services University of the Health Sciences shall be unaf-
fected by enactment of the repeal of chapter 104 of title
10, United States Code, by subsection (a).
(2) Nothing in this Act shall be construed as limiting
the exercise by the Secretary of Defense of other authori-
ties under law pertaining to health sciences education,
training, and professional development, graduate medical
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education, medical and scientific research, and similar ac-
tivities. To the extent the Secretary of Defense assigned
any such activities to another component or entity of the
Department of Defense, such activities shall not be af-
fected by the phase-out and closure of the Uniformed
Services University of the Health Sciences pursuant to
this Act.
(d) CONFORMING AMENDMENTS.—(1) Section 178 of
title 10, United States Code, pertaining to the Henry M.
Jackson Foundation for the Advancement of Military
Medicine, is amended—
(A) in subsection (b), by striking ‘‘Uniformed
Services University of the Health Sciences’’ and in-
serting in lieu thereof ‘‘Department of Defense’’;
(B) in subsection (c)(1)(B), by striking ‘‘the
Dean of the Uniformed Services University of the
Health Sciences’’ and inserting in lieu thereof ‘‘a
person designated by the Secretary of Defense’’; and
(C) in subsection (g)(1), by striking ‘‘Uni-
formed Services University of the Health Sciences’’
and inserting in lieu thereof ‘‘Secretary of Defense’’.
(2) Section 466 of the Public Health Service Act (42
U.S.C. Section 286a), pertaining to the Board of Regents
of the National Library of Medicine, is amended in sub-
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section (a)(1)(B) by striking ‘‘the Dean of the Uniformed
Services University of the Health Sciences’’.
(e) CLERICAL AMENDMENT.—The table of chapters
at the beginning of subtitle A and at the beginning of part
III of such subtitle of title 10, United States Code, is
amended by striking the items pertaining to chapter 104.
SEC. 904. REPEAL OF REQUIREMENT TO OPERATE NAVAL
ACADEMY DAIRY FARM, GAMBRILLS, MARY-
LAND.
Section 810 of the Military Construction Authoriza-
tion Act, 1968 (Public Law 90–110; 81 Stat. 309) is here-
by repealed.
SEC. 905. INCLUSION OF INFORMATION RESOURCES MAN-
AGEMENT COLLEGE IN THE NATIONAL DE-
FENSE UNIVERSITY.
(a) TECHNICAL AMENDMENT AND ADDITION OF IN-
FORMATION RESOURCES MANAGEMENT COLLEGE TO THE
DEFINITION OF THE NATIONAL DEFENSE UNIVERSITY.—
Section 1595(d)(2) of title 10, United States Code, is
amended by striking ‘‘the Institute for National Strategic
Study’’ and inserting in lieu thereof ‘‘the Institute for Na-
tional Strategic Studies, the Information Resources Man-
agement College’’.
(b) CONFORMING AMENDMENT.—Section 2162(d)(2)
of title 10, United States Code, is amended by inserting
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‘‘the Institute for National Strategic Studies, the Informa-
tion Resources Management College,’’ after ‘‘the Armed
Forces Staff College,’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 
1001. 
TWO-YEAR 
EXTENSION 
OF 
COUNTER-
PROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction
Act of 1992 (Public Law 102–484; 106 Stat. 2570; 22
U.S.C. 5859a) is amended—
(1) in subsection (d)(3), by striking ‘‘or’’ after
‘‘fiscal year 1996,’’ and by inserting ‘‘, $15,000,000
for fiscal year 1998, or $15,000,000 for fiscal year
1999’’ before the period at the end; and
(2) in subsection (f), by striking ‘‘1997’’ and
inserting in lieu thereof ‘‘1999’’.
Subtitle B—Other Matters
SEC. 1010. NEGOTIATING SALES OF VESSELS STRICKEN
FROM THE NAVAL REGISTER.
Section 7305(c) of title 10, United States Code, is
amended to read as follows:
‘‘(c) PROCEDURES
FOR SALE.—A vessel stricken
from the Naval Register and not subject to disposal under
any other law may be sold under this section. In such a
case, a vessel may be sold, regardless of the appraised
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value of the vessel, to the highest acceptable bidder after
the vessel is publicly advertised for sale for a period of
not less than 30 days or to the acceptable offeror submit-
ting the most advantageous proposal, price and other fac-
tors considered, by means of competitive negotiations. All
bids or offers may be rejected if it is in the Government’s
best interest to do so. The determination of the method
of sale shall depend upon the particular circumstances
surrounding the proposed sale.’’.
SEC. 1011. AUTHORITY TO CHARTER VESSEL FOR LONGER
THAN FIVE YEARS IN SUPPORT OF SURVEIL-
LANCE TOWED ARRAY SENSOR (SURTASS)
PROGRAM.
Pursuant to section 2401(b)(1)(A) of title 10, United
States Code, the Secretary of the Navy is authorized to
charter a vessel in support of the SURTASS Program
through Fiscal Year 2003.
SEC. 1012. EIGHTEEN MONTH SHIPBUILDING CLAIMS.
(a) REPEAL.—(1) Section 2405 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter
141 of such title 10 is amended by striking the item that
refers to section 2405.
(b) EFFECTIVE DATE.—Repeal is effective for all
shipbuilding contracts and any claim, request for equitable
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adjustment or demand for payment submitted thereunder
on, before, or after the date of enactment of this Act, ex-
cept that the repeal by this Act shall not apply to any
claim, request for equitable adjustment or demand for
payment (1) the appeal of which has been denied or dis-
missed by a court or board of contract appeals and where
such court or board decision has become final and
unappealable, (2) which has been denied by a final deci-
sion of a contracting officer and the time limit for appeal-
ing the decision under the Contract Disputes Act of 1978,
as amended, to a court or board has expired, or (3) which
has been released by a contractor.
Subtitle C—Other Matters
SEC. 1020. ARREST AUTHORITY FOR SPECIAL AGENTS OF
THE 
DEFENSE 
CRIMINAL 
INVESTIGATIVE
SERVICE.
(a) ARREST AUTHORITY.—Chapter 81 of title 10,
United States Code, is amended by inserting after section
1585 the following new section 1585b:
‘‘§ 1585b. Arrest authority for special agents of the
Defense Criminal Investigative Service
‘‘(a) Upon designation by the Secretary of Defense,
a Special Agent of the Defense Criminal Investigative
Service, may—
‘‘(1) carry firearms;
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‘‘(2) execute and serve any warrant or other
processes issued under the authority of the United
States; and
‘‘(3) make arrests without warrant for—
‘‘(A) any offense against the United States
committed in such officer’s presence; or
‘‘(B) any felony cognizable under the laws
of the United States if such agent has probable
cause to believe that the person to be arrested
has committed or is committing such felony.
‘‘(b) The powers granted under subsection (a) of this
section shall be exercised in accordance with guidelines ap-
proved by the Attorney General.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such chapter 81 is amended by inserting after
the item relating to section 1585 the following new item:
‘‘1585b. Arrest authority for special agents of the Defense Criminal Investiga-
tive Service.’’.
SEC. 
1021. 
ACCESS 
TO 
PRE-ACCESSION 
OFFENDER
RECORDS.
Section 520a of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘requested’’
and inserting in lieu thereof ‘‘required’’;
(2) by redesignating subsection (d) as sub-
section (e); and
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(3) by inserting after subsection (c) the follow-
ing new subsection (d):
‘‘(d) Costs to the Secretary concerned for providing
criminal history information under this section shall be no
greater than the costs for providing such information to
law enforcement agencies of the State or the unit of gen-
eral local government of the State.’’.
SEC. 1022. EXTENSION OF AUTHORITY TO PROVIDE ADDI-
TIONAL SUPPORT FOR COUNTER-DRUG AC-
TIVITIES OF MEXICO.
Section 1031(a) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2637), is amended by striking ‘‘1997’’ and inserting
in lieu thereof ‘‘1998’’.
SEC. 1023. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.
(a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND
DONATIONS.—(1) The Secretary of Defense may, on be-
half of the Asia-Pacific Center for Security Studies (in
this section referred to as Asia-Pacific Center), accept for-
eign gifts or donations in order to defray the costs of, or
enhance the operation of, the Asia-Pacific Center.
(2) Funds received by the Secretary under paragraph
(1) shall be credited to appropriations available to the De-
partment of Defense for the Asia-Pacific Center. Funds
so credited shall be available for the Center for the same
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purposes and for the same period of availability of the ap-
propriations.
(3) The Secretary of Defense shall notify Congress
if total contributions of money under paragraph (1) ex-
ceeds $2,000,000 in any fiscal year. Any such notice shall
list each of the contributors of such amounts and the
amount of each contribution in such fiscal year.
(4) For purposes of this subsection, a foreign gift or
donation is a gift or donation of funds, materials (includ-
ing research materials), property, and services (including
lecture services and faculty services) from a foreign gov-
ernment, foundation or other charitable organization in a
foreign country, or an individual in a foreign country.
(5) The Secretary shall establish written guidelines
setting forth the criteria to be used in determining wheth-
er the acceptance of contributions of money or services
pursuant to paragraph (1) would reflect unfavorably upon
the ability of the Department of Defense or any employee
to carry out its responsibilities or official duties in a fair
and objective manner, or would compromise the integrity
or the appearance of the integrity of its programs or any
official involved in those programs.
(b) ASIA-PACIFIC CENTER PARTICIPATION BY FOR-
EIGN NATIONS.—(1) Notwithstanding any other provision
of law, the Secretary of Defense may authorize representa-
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tives of a foreign government to participate in a program
of the Asia-Pacific Center, if the Secretary determines, in
consultation with the Secretary of State, that such partici-
pation is in the national interest of the United States.
(2) Not later than January 31 of each year, the Sec-
retary of Defense shall submit to Congress a report setting
forth the foreign governments permitted to participate in
programs of the Center during the preceding year under
the authority provided in paragraph (1).
SEC. 
1024. 
PROTECTION 
OF 
CERTAIN 
IMAGERY 
AND
GEOSPATIAL INFORMATION AND DATA.
Section 455(b) of title 10, United States Code, is
amended—
(1) in paragraph (1)(B), by inserting ‘‘or capa-
bilities’’ after ‘‘methods’’;
(2) in paragraph (2), by inserting ‘‘to include
imagery, imagery intelligence or geospatial informa-
tion as defined in section 467’’ after ‘‘related prod-
uct’’.
SEC. 1025. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI-
TIES PILOT PROGRAM.
(a) EXTENSION OF AUTHORITY.—The authority to
carry out a pilot program under section 1091(a) of the
National Defense Authorization Act for Fiscal Year 1993
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(Public Law 102–484; 106 Stat. 2519; 32 U.S.C. 501
note) is continued through September 30, 1999.
(b) LIMITATION ON NUMBER OF PROGRAMS.—Dur-
ing the period beginning on the date of the enactment of
this Act and ending on the first day of October, 1998,
under subsection (a), the number of programs carried out
under subsection (d) of that section as part of the pilot
program may not exceed the number of such programs
as of September 30, 1995.
(c) CONFORMING AMENDMENT.—Section 573 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 355; 32 U.S.C. 501 note)
is hereby repealed.
SEC. 1026. REPEAL OF ANNUAL DEPARTMENT OF DEFENSE
CONVENTIONAL STANDOFF WEAPONS MAS-
TER PLAN AND REPORT ON STANDOFF MUNI-
TIONS.
Section 1641 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1613; 10 U.S.C. 2431 note) is repealed.
SEC. 1027. REVISIONS TO THE BALLISTIC MISSILE DEFENSE
ACT OF 1995.
Section 234(a) of the Ballistic Missile Defense Act
of 1995 (Subtitle C of title II of the National Defense
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Authorization Act of 1996 (Public Law 104–106; 110
Stat. 229)) is amended—
(1) in the matter preceding the colon by strik-
ing ‘‘, to be carried out so as to achieve the specified
capabilities’’;
(2) in paragraph (1) by striking ‘‘, with first
unit equipped during fiscal year 1998’’;
(3) in paragraph (2), by striking ‘‘, with a user
operational evaluation system (UOES) capability
during fiscal year 1997 and an initial operational ca-
pability (IOC) during fiscal year 1999’’;
(4) in paragraph (3), by striking ‘‘, with a user
operational evaluation system (UOES) capability not
later than fiscal year 1998 and a first unit equipped
(FUE) not later than fiscal year 2000’’; and
(5) in paragraph (4), by striking ‘‘, with a user
operational evaluation system (UORS) capability
during fiscal year 1999 and an initial operational ca-
pability (IOC) during fiscal year 2001’’.
SEC. 1028. REPEAL OF REPORTING REQUIREMENTS, SPE-
CIAL OPERATIONS FORCES: TRAINING WITH
FRIENDLY FOREIGN FORCES.
Section 2011 of title 10, United States Code, is
amended by striking subsection (e).
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Subtitle D—Military Construction
Provisions
SEC. 1031. AUTHORITY FOR THE SECRETARY OF THE ARMY
TO CONSTRUCT A HELIPORT AT FORT IRWIN,
CALIFORNIA.
Using amounts appropriated pursuant to the author-
ization of appropriations in the Military Construction Au-
thorization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 3027) for military construction at Fort
Irwin and appropriated pursuant to the authorization of
appropriations in the Military Construction Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
523) for military construction at Fort Irwin, the Secretary
of the Army may carry out the construction of a heliport
at Fort Irwin, California.
SEC. 1032. REPEAL OF REPORTS REQUIRED BY MILITARY
CONSTRUCTION AUTHORIZATION ACTS.
(a) REQUIREMENT, WAIVER AND REPORT RELATING
TO THE PROCUREMENT OF OVERSEAS FAMILY HOUSING
FROM A UNITED STATES CONTRACTOR.—Section 803 of
the Military Construction Authorization Act, 1984 (Public
Law 98–115; 97 Stat. 784; 10 U.S.C. 2821 note) is re-
pealed.
(b) REPORT ON FUNDING FOR NAVAL STRATEGIC
HOMEPORTING.—Section 205 of the Military Construction