H. R. 1119
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To authorize appropriations for fiscal year 1998 for military activities of the
Department of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 1998’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(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.
Subtitle B—Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for specified Army programs.
Sec. 113. M113 vehicle modifications.
Subtitle C—Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. CVN–77 nuclear aircraft carrier program.
H. R. 1119—2
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
Subtitle D—Air Force Programs
Sec. 131. Authorization for B–2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on military aircraft
derived from Boeing 707 aircraft.
Subtitle E—Other Matters
Sec. 141. Pilot program on sales of manufactured articles and services of certain
Army industrial facilities without regard to availability from domestic
sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and Development
Centers.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F–22 aircraft program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for ballistic missile
defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by weapons of mass
destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater missile defense
programs.
Subtitle D—Other Matters
Sec. 241. Restructuring of National Oceanographic Partnership Program organiza-
tions.
Sec. 242. Maintenance and repair of real property at Air Force installations.
Sec. 243. Expansion of eligibility for the Defense Experimental Program to Stimu-
late Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing radiation during military
service.
Sec. 245. Sense of Congress regarding Comanche program.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1–A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training Center, Fort Irwin,
California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
Subtitle B—Military Readiness Issues
Sec. 321. Monthly reports on allocation of funds within operation and maintenance
budget subactivities.
H. R. 1119—3
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority readiness appropria-
tions.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military training or other
readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation and maintenance
budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain training exercises
programs.
Sec. 332. Report on overseas deployments.
Subtitle C—Environmental Provisions
Sec. 341. Revision of membership terms for Strategic Environmental Research and
Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with other agencies in
support of environmental technology certification.
Sec. 343. Modifications of authority to store and dispose of nondefense toxic and
hazardous materials.
Sec. 344. Annual report on payments and activities in response to fines and
penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the Department of Defense
overseas.
Sec. 346. Review of existing environmental consequences of the presence of the
Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed Forces abroad
for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental restoration at Department
of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission reduction incentives.
Subtitle D—Depot-Level Activities
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and repair that may be
contracted for performance by non-government personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in contracting for perform-
ance of depot-level maintenance and repair workloads formerly
performed at closed or realigned military installations.
Sec. 360. Clarification of prohibition on management of depot employees by
constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval shipyards to engage
in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level maintenance and
repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army Workload and
Performance System.
Sec. 365. Report on allocation of core logistics activities among Department of
Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship repair and mainte-
nance.
Sec. 367. Sense of Congress regarding realignment of performance of ground
communication-electronic workload.
Subtitle E—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 371. Reorganization of laws regarding commissaries and exchanges and other
morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name commercial
items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces Recreation Center,
Europe.
H. R. 1119—4
Sec. 376. Plan for use of public and private partnerships to benefit morale, welfare,
and recreation activities.
Subtitle F—Other Matters
Sec. 381. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian
employees.
Sec. 382. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 383. Applicability of Federal printing requirements to Defense Automated
Printing Service.
Sec. 384. Study and notification requirements for conversion of commercial and
industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on converted services
and functions.
Sec. 386. Financial assistance to support additional duties assigned to Army
National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to identify
overpayments made to vendors.
Sec. 389. Development of standard forms regarding performance work statement
and request for proposal for conversion of certain operational functions
of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within Department of
Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
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. End strengths for military technicians (dual status).
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Limitation on number of general and flag officers who may serve in
positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on period of recall to
active duty.
Sec. 503. Clarification of officers eligible for consideration by promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of officers serving as
chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to grades of colonel
and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory retirement of
regular generals and admirals in grades above major general and rear
admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by commanding
officers and others in authority.
Sec. 508. Report on the command selection process for District Engineers of the
Army Corps of Engineers.
Subtitle B—Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and death and disabil-
ity benefits for reserve members who incur or aggravate an illness in
the line of duty.
H. R. 1119—5
Sec. 514. Authority to permit non-unit assigned officers to be considered by vacancy
promotion board to general officer grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel for Air Force base
security functions.
Sec. 516. Involuntary separation of reserve officers in an inactive status.
Sec. 517. Federal status of service by National Guard members as honor guards at
funerals of veterans.
Subtitle C—Military Technicians
Sec. 521. Authority to retain on the reserve active-status list until age 60 military
technicians in the grade of brigadier general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of AGR personnel to
military technicians (dual status).
Subtitle D—Measures To Improve Recruit Quality and Reduce Recruit
Attrition
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for military service.
Sec. 533. Improvements in physical fitness of recruits.
Subtitle E—Military Education and Training
PART I—OFFICER EDUCATION PROGRAMS
Sec. 541. Requirement for candidates for admission to United States Naval
Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at service academies
of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for participation in
Senior Reserve Officers’ Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior Reserve
Officers’ Training Corps units to maximize enrollment and enhance
efficiency.
PART II—OTHER EDUCATION MATTERS
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of members of the
Selected Reserve serving on active duty in support of a contingency
operation.
PART III—TRAINING OF ARMY DRILL SERGEANTS
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill sergeant trainees.
Subtitle F—Commission on Military Training and Gender-Related Issues
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
Subtitle G—Military Decorations and Awards
Sec. 571. Purple Heart to be awarded only to members of the Armed Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for participation in
Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve for award of
service medal for heroism.
Sec. 575. One-year extension of period for receipt of recommendations for decora-
tions and awards for certain military intelligence personnel.
Sec. 576. Eligibility of certain World War II military organizations for award of
unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
Subtitle H—Military Justice Matters
Sec. 581. Establishment of sentence of confinement for life without eligibility for
parole.
H. R. 1119—6
Sec. 582. Limitation on appeal of denial of parole for offenders serving life
sentence.
Subtitle I—Other Matters
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating to gender equity
in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of certain non-
Federal entities.
Sec. 594. Treatment of participation of members in Department of Defense civil
military programs.
Sec. 595. Comptroller General study of Department of Defense civil military
programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache´ in France.
Sec. 598. Report on crew requirements of WC–130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to Department of
Defense.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable housing allowance,
and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation necessitated by reform of
subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while performing certain
duty.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty incentive pay for
certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for certain dental officers.
Sec. 619. Availability of special pay for duty at designated hardship duty locations.
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for former enlisted
members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast Guard Reserve.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted members extending
tours of duty at designated locations overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents before approval of
member’s court-martial sentence.
Sec. 632. Dislocation allowance.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. One-year opportunity to discontinue participation in Survivor Benefit
Plan.
Sec. 642. Time in which change in survivor benefit coverage from former spouse to
spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income widows.
Subtitle E—Other Matters
Sec. 651. Loan repayment program for commissioned officers in certain health
professions.
H. R. 1119—7
Sec. 652. Conformance of NOAA commissioned officers separation pay to separation
pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA commissioned
corps officers for reimbursement of adoption expenses.
Sec. 654. Payment of back quarters and subsistence allowances to World War II
veterans who served as guerrilla fighters in the Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the poverty level.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Expansion of retiree dental insurance plan to include surviving spouse
and child dependents of certain deceased members.
Sec. 702. Provision of prosthetic devices to covered beneficiaries.
Sec. 703. Study concerning the provision of comparative information.
Subtitle B—TRICARE Program
Sec. 711. Addition of definition of TRICARE program to title 10.
Sec. 712. Plan for expansion of managed care option of TRICARE program.
Subtitle C—Uniformed Services Treatment Facilities
Sec. 721. Implementation of designated provider agreements for Uniformed
Services Treatment Facilities.
Sec. 722. Continued acquisition of reduced-cost drugs.
Sec. 723. Limitation on total payments.
Subtitle D—Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Improvements in health care coverage and access for members assigned
to certain duty locations far from sources of care.
Sec. 732. Waiver or reduction of copayments under overseas dental program.
Sec. 733. Premium collection requirements for medical and dental insurance
programs; extension of deadline for implementation of dental insurance
program for military retirees.
Sec. 734. Dental insurance plan coverage for retirees of the Public Health Service
and NOAA.
Sec. 735. Consistency between CHAMPUS and Medicare in payment rates for
services.
Sec. 736. Use of personal services contracts for provision of health care services and
legal protection for providers.
Sec. 737. Portability of State licenses for Department of Defense health care
professionals.
Sec. 738. Standard form and requirements regarding claims for payment for
services.
Sec. 739. Chiropractic health care demonstration program.
Subtitle E—Other Matters
Sec. 741. Continued admission of civilians as students in physician assistant
training program of Army Medical Department.
Sec. 742. Payment for emergency health care overseas for military and civilian
personnel of the On-Site Inspection Agency.
Sec. 743. Authority for agreement for use of medical resource facility, Alamogordo,
New Mexico.
Sec. 744. Disclosures of cautionary information on prescription medications.
Sec. 745. Competitive procurement of certain ophthalmic services.
Sec. 746. Comptroller General study of adequacy and effect of maximum allowable
charges for physicians under CHAMPUS.
Sec. 747. Comptroller General study of Department of Defense pharmacy programs.
Sec. 748. Comptroller General study of Navy graduate medical education program.
Sec. 749. Study of expansion of pharmaceuticals by mail program to include
additional Medicare-eligible covered beneficiaries.
Sec. 750. Comptroller General study of requirement for military medical facilities
in National Capital Region.
Sec. 751. Report on policies and programs to promote healthy lifestyles for
members of the Armed Forces and their dependents.
Sec. 752. Sense of Congress regarding quality health care for retirees.
Subtitle F—Persian Gulf Illness
Sec. 761. Definitions.
Sec. 762. Plan for health care services for Persian Gulf veterans.
H. R. 1119—8
Sec. 763. Comptroller General study of revised disability criteria for physical
evaluation boards.
Sec. 764. Medical care for certain reserves who served in Southwest Asia during
the Persian Gulf War.
Sec. 765. Improved medical tracking system for members deployed overseas in
contingency or combat operations.
Sec. 766. Notice of use of investigational new drugs or drugs unapproved for their
applied use.
Sec. 767. Report on plans to track location of members in a theater of operations.
Sec. 768. Sense of Congress regarding the deployment of specialized units for
detecting and monitoring chemical, biological, and similar hazards in a
theater of operations.
Sec. 769. Report on effectiveness of research efforts regarding Gulf War illnesses.
Sec. 770. Persian Gulf illness clinical trials program.
Sec. 771. Sense of Congress concerning Gulf War illness.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Expansion of authority to enter into contracts crossing fiscal years to all
severable service contracts not exceeding a year.
Sec. 802. Vesting of title in the United States under contracts paid under progress
payment arrangements or similar arrangements.
Sec. 803. Restriction on undefinitized contract actions.
Sec. 804. Limitation and report on payment of restructuring costs under defense
contracts.
Sec. 805. Increased price limitation on purchases of right-hand drive vehicles.
Sec. 806. Multiyear procurement contracts.
Sec. 807. Audit of procurement of military clothing and clothing-related items by
military installations in the United States.
Sec. 808. Limitation on allowability of compensation for certain contractor person-
nel.
Sec. 809. Elimination of certification requirement for grants.
Sec. 810. Repeal of limitation on adjustment of shipbuilding contracts.
Sec. 811. Item-by-item and country-by-country waivers of domestic source limita-
tions.
Subtitle B—Acquisition Assistance Programs
Sec. 821. One-year extension of pilot mentor-protege program.
Sec. 822. Test program for negotiation of comprehensive subcontracting plans.
Subtitle C—Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Unit cost reports.
Sec. 834. Plan for providing contracting information to general public and small
businesses.
Sec. 835. Two-year extension of crediting of certain purchases toward meeting
subcontracting goals.
Subtitle D—Other Matters
Sec. 841. Repeal of certain acquisition requirements and reports.
Sec. 842. Use of major range and test facility installations by commercial entities.
Sec. 843. Requirement to develop and maintain list of firms not eligible for defense
contracts.
Sec. 844. Sense of Congress regarding allowability of costs of employee stock owner-
ship plans.
Sec. 845. Expansion of personnel eligible to participate in demonstration project
relating to acquisition workforce.
Sec. 846. Time for submission of annual report relating to Buy American Act.
Sec. 847. Repeal of requirement for contractor guarantees on major weapon
systems.
Sec. 848. Requirements relating to micro-purchases.
Sec. 849. Promotion rate for officers in an acquisition corps.
Sec. 850. Use of electronic commerce in Federal procurement.
Sec. 851. Conformance of policy on performance based management of civilian
acquisition programs with policy established for defense acquisition
programs.
H. R. 1119—9
Sec. 852. Modification of process requirements for the solutions-based contracting
pilot program.
Sec. 853. Guidance and standards for defense acquisition workforce training
requirements.
Sec. 854. Study and report to Congress assessing dependence on foreign sources for
resistors and capacitors.
Sec. 855. Department of Defense and Federal Prison Industries joint study.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Department of Defense Positions and Organizations and Other
General Matters
Sec. 901. Assistants to the Chairman of the Joint Chiefs of Staff for National
Guard matters and for Reserve matters.
Sec. 902. Use of CINC Initiative Fund for force protection.
Sec. 903. Revision to required frequency for provision of policy guidance for contin-
gency plans.
Sec. 904. Annual justification for Department of Defense advisory committees.
Sec. 905. Airborne reconnaissance management.
Sec. 906. Termination of the Armed Services Patent Advisory Board.
Sec. 907. Coordination of Department of Defense criminal investigations and
audits.
Subtitle B—Department of Defense Personnel Management
Sec. 911. Reduction in personnel assigned to management headquarters and head-
quarters support activities.
Sec. 912. Defense acquisition workforce.
Subtitle C—Department of Defense Schools and Centers
Sec. 921. Professional military education schools.
Sec. 922. Center for Hemispheric Defense Studies.
Sec. 923. Correction to reference to George C. Marshall European Center for
Security Studies.
Subtitle D—Department of Defense Intelligence-Related Matters
Sec. 931. Transfer of certain military department programs from TIARA budget
aggregation.
Sec. 932. Report on coordination of access of commanders and deployed units to
intelligence collected and analyzed by the intelligence community.
Sec. 933. Protection of imagery, imagery intelligence, and geospatial information
and data.
Sec. 934. POW/MIA intelligence analysis.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of unauthorized fiscal year 1997 defense appro-
priations.
Sec. 1004. Authorization of prior emergency supplemental appropriations for fiscal
year 1997.
Sec. 1005. Increase in fiscal year 1996 transfer authority.
Sec. 1006. Revision of authority for Fisher House trust funds.
Sec. 1007. Flexibility in financing closure of certain outstanding contracts for which
a small final payment is due.
Sec. 1008. Biennial financial management improvement plan.
Sec. 1009. Estimates and requests for procurement and military construction for the
reserve components.
Sec. 1010. Sense of Congress regarding funding for reserve component moderniza-
tion not requested in President’s budget.
Sec. 1011. Management of working-capital funds.
Sec. 1012. Authority of Secretary of Defense to settle claims relating to pay,
allowances, and other benefits.
Sec. 1013. Payment of claims by members for loss of personal property due to
flooding in Red River Basin.
Sec. 1014. Advances for payment of public services.
Sec. 1015. United States Man and the Biosphere Program limitation.
Subtitle B—Naval Vessels and Shipyards
Sec. 1021. Procedures for sale of vessels stricken from the Naval Vessel Register.
H. R. 1119—10
Sec. 1022. Authority to enter into a long-term charter for a vessel in support of the
Surveillance Towed-Array Sensor (SURTASS) program.
Sec. 1023. Transfer of two specified obsolete tugboats of the Army.
Sec. 1024. Congressional review period with respect to transfer of ex-U.S.S. Hornet
(CV–12) and ex-U.S.S. Midway (CV–41).
Sec. 1025. Transfers of naval vessels to certain foreign countries.
Sec. 1026. Reports relating to export of vessels that may contain polychlorinated
biphenyls.
Sec. 1027. Conversion of defense capability preservation authority to Navy ship-
building capability preservation authority.
Subtitle C—Counter-Drug Activities
Sec. 1031. Use of National Guard for State drug interdiction and counter-drug
activities.
Sec. 1032. Authority to provide additional support for counter-drug activities of
Mexico.
Sec. 1033. Authority to provide additional support for counter-drug activities of Peru
and Colombia.
Sec. 1034. Annual report on development and deployment of narcotics detection
technologies.
Subtitle D—Miscellaneous Report Requirements and Repeals
Sec. 1041. Repeal of miscellaneous reporting requirements.
Sec. 1042. Study of transfer of modular airborne fire fighting system.
Sec. 1043. Overseas infrastructure requirements.
Sec. 1044. Additional matters for annual report on activities of the General
Accounting Office.
Sec. 1045. Eye safety at small arms firing ranges.
Sec. 1046. Reports on Department of Defense procedures for investigating military
aviation accidents and for notifying and assisting families of victims.
Subtitle E—Matters Relating to Terrorism
Sec. 1051. Oversight of counterterrorism and antiterrorism activities; report.
Sec. 1052. Provision of adequate troop protection equipment for Armed Forces
personnel engaged in peace operations; report on antiterrorism activities
and protection of personnel.
Subtitle F—Matters Relating to Defense Property
Sec. 1061. Lease of nonexcess personal property of military departments.
Sec. 1062. Lease of nonexcess property of Defense Agencies.
Sec. 1063. Donation of excess chapel property to churches damaged or destroyed by
arson or other acts of terrorism.
Sec. 1064. Authority of the Secretary of Defense concerning disposal of assets under
cooperative agreements on air defense in Central Europe.
Sec. 1065. Sale of excess, obsolete, or unserviceable ammunition and ammunition
components.
Sec. 1066. Transfer of B–17 aircraft to museum.
Sec. 1067. Report on disposal of excess and surplus materials.
Subtitle G—Other Matters
Sec. 1071. Authority for special agents of the Defense Criminal Investigative
Service to execute warrants and make arrests.
Sec. 1072. Study of investigative practices of military criminal investigative organi-
zations relating to sex crimes.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Sustainment and operation of the Global Positioning System.
Sec. 1075. Protection of safety-related information voluntarily provided by air
carriers.
Sec. 1076. National Guard Challenge Program to create opportunities for civilian
youth.
Sec. 1077. Disqualification 
from 
certain 
burial-related 
benefits 
for 
persons
convicted of capital crimes.
Sec. 1078. Restrictions on the use of human subjects for testing of chemical or
biological agents.
Sec. 1079. Treatment of military flight operations.
Sec. 1080. Naturalization of certain foreign nationals who serve honorably in the
Armed Forces during a period of conflict.
Sec. 1081. Applicability of certain pay authorities to members of specified independ-
ent study organizations.
Sec. 1082. Display of POW/MIA flag.
H. R. 1119—11
Sec. 1083. Program to commemorate 50th anniversary of the Korean conflict.
Sec. 1084. Commendation of members of the Armed Forces and Government civilian
personnel who served during the Cold War; certificate of recognition.
Sec. 1085. Sense of Congress on granting of statutory Federal charters.
Sec. 1086. Sense of Congress regarding military voting rights.
Sec. 1087. Designation of Bob Hope as an honorary veteran of the Armed Forces of
the United States.
Sec. 1088. Five-year extension of aviation insurance program.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of Defense
personnel.
Sec. 1102. Veterans’ preference status for certain veterans who served on active
duty during the Persian Gulf War.
Sec. 1103. Repeal 
of 
deadline 
for 
placement 
consideration 
of 
involuntarily
separated military reserve technicians.
Sec. 1104. Rate of pay of Department of Defense overseas teachers upon transfer to
General Schedule position.
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation incentive pay authority.
Sec. 1107. Use of approved fire-safe accommodations by Government employees on
official business.
Sec. 1108. Navy higher education pilot program regarding administration of
business relationships between Government and private sector.
Sec. 1109. Authority for Marine Corps University to employ civilian faculty
members.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Withdrawal of United States ground forces from Republic of Bosnia and
Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by United States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia and Herzegovina.
Sec. 1206. Definitions.
Subtitle B—Export Controls on High Performance Computers
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high performance computers.
Sec. 1214. GAO study on certain computers; end user information assistance.
Sec. 1215. Congressional committees.
Subtitle C—Other Matters
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal military equip-
ment under acquisition and cross servicing agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs of enlargement
of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North Atlantic Treaty
Organization.
Sec. 1225. Sense of the Congress relating to level of United States military person-
nel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of the People’s
Republic of China.
Sec. 1227. Sense of Congress on need for Russian openness on the Yamantau Moun-
tain project.
Sec. 1228. Assessment of the Cuban threat to United States national security.
Sec. 1229. Report on Helsinki Joint statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
TITLE XIII—ARMS CONTROL AND RELATED MATTERS
Sec. 1301. Presidential report concerning detargeting of Russian strategic missiles.
Sec. 1302. Limitation on retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1303. Assistance for facilities subject to inspection under the Chemical
Weapons Convention.
H. R. 1119—12
Sec. 1304. Transfers 
of 
authorizations 
for 
high-priority 
counterproliferation
programs.
Sec. 1305. Advice to the President and Congress regarding the safety, security, and
reliability of United States nuclear weapons stockpile.
Sec. 1306. Reconstitution of commission to assess the ballistic missile threat to the
United States.
Sec. 1307. Sense of Congress regarding the relationship between United States
obligations under the Chemical Weapons Convention and environmental
laws.
Sec. 1308. Extension of counterproliferation authorities for support of United
Nations Special Commission on Iraq.
Sec. 1309. Annual report on moratorium on use by Armed Forces of antipersonnel
landmines.
TITLE XIV—COOPERATIVE THREAT REDUCTION WITH STATES OF
FORMER SOVIET UNION
Sec. 1401. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II Treaty until
submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction facility.
Sec. 1406. Limitation on use of funds for destruction of chemical weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian fissile
material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and other
assessments on assistance provided to Russia under Cooperative Threat
Reduction programs.
Sec. 1410. Availability of funds.
TITLE XV—FEDERAL CHARTER FOR THE AIR FORCE SERGEANTS
ASSOCIATION
Sec. 1501. Recognition and grant of Federal charter.
Sec. 1502. Powers.
Sec. 1503. Purposes.
Sec. 1504. Service of process.
Sec. 1505. Membership.
Sec. 1506. Board of directors.
Sec. 1507. Officers.
Sec. 1508. Restrictions.
Sec. 1509. Liability.
Sec. 1510. Maintenance and inspection of books and records.
Sec. 1511. Audit of financial transactions.
Sec. 1512. Annual report.
Sec. 1513. Reservation of right to alter, amend, or repeal charter.
Sec. 1514. Tax-exempt status required as condition of charter.
Sec. 1515. Termination.
Sec. 1516. 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. Correction in authorized uses of funds, Fort Irwin, California.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Naval Station,
Pascagoula, Mississippi, for which funds have been appropriated.
H. R. 1119—13
Sec. 2206. Increase in authorization for military construction projects at Naval
Station Roosevelt Roads, 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.
Sec. 2406. Clarification of authority relating to fiscal year 1997 project at Naval
Station, Pearl Harbor, Hawaii.
Sec. 2407. Correction in authorized uses of funds, McClellan Air Force Base,
California.
Sec. 2408. Modification of authority to carry out certain fiscal year 1995 projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
Sec. 2602. Authorization of military construction projects for which funds have been
appropriated.
Sec. 2603. Army Reserve construction project, Camp Williams, Utah.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2705. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2706. Extension of availability of funds for construction of relocatable over-the-
horizon radar, Naval Station Roosevelt Roads, Puerto Rico.
Sec. 2707. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Use of mobility enhancement funds for unspecified minor construction.
Sec. 2802. Limitation on use of operation and maintenance funds for facility repair
projects.
Sec. 2803. Leasing of military family housing, United States Southern Command,
Miami, Florida.
Sec. 2804. Use of financial incentives provided as part of energy savings and water
conservation activities.
Sec. 2805. Congressional notification requirements regarding use of Department of
Defense housing funds for investments in nongovernmental entities.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Increase in ceiling for minor land acquisition projects.
Sec. 2812. Permanent authority regarding conveyance of utility systems.
Sec. 2813. Administrative expenses for certain real property transactions.
Sec. 2814. Screening of real property to be conveyed by Department of Defense.
Sec. 2815. Disposition of proceeds from sale of Air Force Plant 78, Brigham City,
Utah.
Sec. 2816. Fire protection and hazardous materials protection at Fort Meade,
Maryland.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Consideration of military installations as sites for new Federal facilities.
H. R. 1119—14
Sec. 2822. Adjustment and diversification assistance to enhance performance of
military family support services by private sector sources.
Sec. 2823. Security, fire protection, and other services at property formerly associ-
ated with Red River Army Depot, Texas.
Sec. 2824. Report on closure and realignment of military installations.
Sec. 2825. Sense of Senate regarding utilization of savings derived from base
closure process.
Sec. 2826. Prohibition against certain conveyances of property at Naval Station,
Long Beach, California.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Land conveyance, Army Reserve Center, Greensboro, Alabama.
Sec. 2832. Land conveyance, James T. Coker Army Reserve Center, Durant,
Oklahoma.
Sec. 2833. Land conveyance, Gibson Army Reserve Center, Chicago, Illinois.
Sec. 2834. Land conveyance, Fort A. P. Hill, Virginia.
Sec. 2835. Land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyances, Fort Bragg, North Carolina.
Sec. 2837. Land conveyance, Hawthorne Army Ammunition Depot, Mineral County,
Nevada.
Sec. 2838. Expansion of land conveyance authority, Indiana Army Ammunition
Plant, Charlestown, Indiana.
Sec. 2839. Modification of land conveyance, Lompoc, California.
Sec. 2840. Modification of land conveyance, Rocky Mountain Arsenal, Colorado.
Sec. 2841. Correction of land conveyance authority, Army Reserve Center, Anderson,
South Carolina.
PART II—NAVY CONVEYANCES
Sec. 2851. Land conveyance, Topsham Annex, Naval Air Station, Brunswick, Maine.
Sec. 2852. Land conveyance, Naval Weapons Industrial Reserve Plant No. 464,
Oyster Bay, New York.
Sec. 2853. Correction of lease authority, Naval Air Station, Meridian, Mississippi.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land transfer, Eglin Air Force Base, Florida.
Sec. 2862. Land conveyance, March Air Force Base, California.
Sec. 2863. Land conveyance, Ellsworth Air Force Base, South Dakota.
Sec. 2864. Land conveyance, Hancock Field, Syracuse, New York.
Sec. 2865. Land conveyance, Havre Air Force Station, Montana, and Havre
Training Site, Montana.
Sec. 2866. Land conveyance, Charleston Family Housing Complex, Bangor, Maine.
Sec. 2867. Study of land exchange options, Shaw Air Force Base, South Carolina.
Subtitle E—Other Matters
Sec. 2871. Repeal of requirement to operate Naval Academy dairy farm.
Sec. 2872. Long-term lease of property, Naples, Italy.
Sec. 2873. Designation of military family housing at Lackland Air Force Base,
Texas, in honor of Frank Tejeda, a former Member of the House of
Representatives.
Sec. 2874. Fiber-optics based telecommunications linkage of military installations.
TITLE XXIX—SIKES ACT IMPROVEMENT
Sec. 2901. Short title.
Sec. 2902. Definition of Sikes Act for purposes of amendments.
Sec. 2903. Codification of short title of Act.
Sec. 2904. Preparation of integrated natural resources management plans.
Sec. 2905. Review for preparation of integrated natural resources management
plans.
Sec. 2906. Transfer of wildlife conservation fees from closed military installations.
Sec. 2907. Annual reviews and reports.
Sec. 2908. Cooperative agreements.
Sec. 2909. Federal enforcement.
Sec. 2910. Natural resources management services.
Sec. 2911. Definitions.
Sec. 2912. Repeal of superseded provision.
Sec. 2913. Technical amendments.
Sec. 2914. Authorizations of appropriations.
H. R. 1119—15
DIVISION 
C—DEPARTMENT 
OF 
ENERGY 
NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Memorandum of understanding for use of national laboratories for
ballistic missile defense programs.
Sec. 3132. Defense environmental management privatization projects.
Sec. 3133. International cooperative stockpile stewardship.
Sec. 3134. Modernization of enduring nuclear weapons complex.
Sec. 3135. Tritium production.
Sec. 3136. Processing, treatment, and disposition of spent nuclear fuel rods and
other legacy nuclear materials at the Savannah River Site.
Sec. 3137. Limitations on use of funds for laboratory directed research and develop-
ment purposes.
Sec. 3138. Pilot program relating to use of proceeds of disposal or utilization of
certain Department of Energy assets.
Sec. 3139. Modification and extension of authority relating to appointment of
certain scientific, engineering, and technical personnel.
Sec. 3140. Limitation on use of funds for subcritical nuclear weapons tests.
Sec. 3141. Limitation on use of certain funds until future use plans are submitted.
Subtitle D—Other Matters
Sec. 3151. Plan for stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
Sec. 3152. Repeal of obsolete reporting requirements.
Sec. 3153. Study and funding relating to implementation of workforce restructuring
plans.
Sec. 3154. Report and plan for external oversight of national laboratories.
Sec. 3155. University-based research collaboration program.
Sec. 3156. Stockpile stewardship program.
Sec. 3157. Reports on advanced supercomputer sales to certain foreign nations.
Sec. 3158. Transfers of real property at certain Department of Energy facilities.
Sec. 3159. Requirement to delegate certain authorities to site manager of Hanford
Reservation.
Sec. 3160. Submittal of biennial waste management reports.
Sec. 3161. Department of Energy Security Management Board.
Sec. 3162. Submittal of annual report on status of security functions at nuclear
weapons facilities.
Sec. 3163. Modification of authority on Commission on Maintaining United States
Nuclear Weapons Expertise.
Sec. 3164. Land transfer, Bandelier National Monument.
Sec. 3165. Final settlement of Department of Energy community assistance obliga-
tions with respect to Los Alamos National Laboratory, New Mexico.
Sec. 3166. Sense of Congress regarding the Y–12 Plant in Oak Ridge, Tennessee.
Sec. 3167. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
Sec. 3168. Improvements to Greenville Road, Livermore, California.
H. R. 1119—16
Sec. 3169. Report on alternative system for availability of funds.
Sec. 3170. Report on remediation under the Formerly Utilized Sites Remedial
Action Program.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National Defense Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and critical materials.
Sec. 3307. Return of surplus platinum from the Department of the Treasury.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of Naval
Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves Numbered 1 and 3.
TITLE XXXV—PANAMA CANAL COMMISSION
Subtitle A—Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
PART I—TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND EMPLOYEES
Sec. 3521. Authority for the Administrator of the Commission to accept appointment
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
Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for Commission person-
nel 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—MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning relative cost of
shipbuilding in the various coastal districts of the United States.
Sec. 3603. Provisions relating to maritime security fleet program.
H. R. 1119—17
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank vessel double hull
requirements.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional defense
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 Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Subtitle B—Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for specified Army programs.
Sec. 113. M113 vehicle modifications.
Subtitle C—Navy Programs
Sec. 121. New Attack Submarine program.
Sec. 122. CVN–77 nuclear aircraft carrier program.
Sec. 123. Exclusion from cost limitation for Seawolf submarine program.
Subtitle D—Air Force Programs
Sec. 131. Authorization for B–2 bomber program.
Sec. 132. ALR radar warning receivers.
Sec. 133. Analysis of requirements for replacement of engines on military aircraft
derived from Boeing 707 aircraft.
Subtitle E—Other Matters
Sec. 141. Pilot program on sales of manufactured articles and services of certain
Army industrial facilities without regard to availability from domestic
sources.
Sec. 142. NATO Joint Surveillance/Target Attack Radar System.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
1998 for procurement for the Army as follows:
(1) For aircraft, $1,316,233,000.
(2) For missiles, $742,639,000.
H. R. 1119—18
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,297,641,000.
(4) For ammunition, $1,011,193,000.
(5) For other procurement, $2,566,208,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Navy as follows:
(1) For aircraft, $6,437,330,000.
(2) For weapons, including missiles and torpedoes,
$1,089,443,000.
(3) For shipbuilding and conversion, $8,195,269,000.
(4) For other procurement, $2,970,867,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1998 for procurement for the Marine Corps
in the amount of $460,081,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for procurement of ammunition for
the Navy and the Marine Corps in the amount of $364,744,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
1998 for procurement for the Air Force as follows:
(1) For aircraft, $6,425,749,000.
(2) For missiles, $2,376,301,000.
(3) For ammunition, $398,534,000.
(4) For other procurement, $6,543,580,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
1998 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,057,150,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year
1998 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed
Forces as follows:
(1) For the Army National Guard, $70,000,000.
(2) For the Air National Guard, $303,000,000.
(3) For the Army Reserve, $75,000,000.
(4) For the Naval Reserve, $80,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $65,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year
1998 for procurement for the Inspector General of the Department
of Defense in the amount of $1,800,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year
1998 the amount of $600,700,000 for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
H. R. 1119—19
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year
1998 for the Department of Defense for procurement 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 fiscal year
1998 for the Department of Defense for carrying out the Defense
Export Loan Guarantee Program under section 2540 of title 10,
United States Code, in the total amount of $1,231,000.
Subtitle B—Army Programs
SEC. 111. ARMY HELICOPTER MODERNIZATION PLAN.
(a) LIMITATION.—Not more than 80 percent of the total of
the amounts authorized to be appropriated pursuant to section
101(1), 105(1), and 105(3) for modifications or upgrades of heli-
copters may be obligated before the date that is 30 days after
the date on which the Secretary of the Army submits to the congres-
sional defense committees a comprehensive plan for the moderniza-
tion of the Army’s helicopter fleet.
(b) CONTENT OF PLAN.—The plan required by subsection (a)
shall include the following:
(1) A detailed assessment of the Army’s present and future
helicopter requirements and present and future helicopter
inventory, including number of aircraft, age of aircraft, avail-
ability of spare parts, flight hour costs, roles and functions
assigned to the fleet as a whole and to its individual types
of aircraft, and the mix of active component aircraft and reserve
component aircraft in the fleet.
(2) Estimates and analysis of requirements and funding
proposed for procurement of new aircraft.
(3) An analysis of the requirements for and funding pro-
posed for extended service plans or service life extension plans
for fleet aircraft.
(4) A plan for retiring aircraft no longer required or capable
of performing assigned functions, including a discussion of
opportunities to eliminate older aircraft models and to focus
future funding on current or future generation aircraft.
(5) The implications of the plan for the defense industrial
base.
(c) RELATIONSHIP TO FUTURE-YEARS DEFENSE PROGRAM.—The
Secretary of the Army shall design the plan under subsection (a)
so that the plan could be implemented within the funding levels
expected to be available for Army aircraft programs in the next
future-years defense program to be submitted to Congress pursuant
to section 221(a) of title 10, United States Code. The Secretary
shall include in the plan a certification that the program of the
Army prepared for inclusion in the future-years defense program
submitted to Congress in 1998 pursuant to section 221(a) of title
10, United States Code, included full funding for implementation
of the plan.
H. R. 1119—20
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR SPECIFIED
ARMY PROGRAMS.
(a) AH–64D LONGBOW APACHE FIRE CONTROL RADAR.—Begin-
ning with the fiscal year 1998 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract for
procurement of the AH–64D Longbow Apache fire control radar.
(b) MEDIUM TACTICAL VEHICLES.—Beginning with the fiscal
year 1998 program year, the Secretary of the Army may, in accord-
ance with section 2306b of title 10, United States Code, enter
into a multiyear procurement contract for procurement of vehicles
of the Family of Medium Tactical Vehicles. The contract may be
for a term of four years and may include an option to extend
the contract for one additional year.
SEC. 113. M113 VEHICLE MODIFICATIONS.
Of the amount made available for the Army pursuant to section
101(3), $35,244,000 shall be available only for the procurement
and installation of A3 upgrade kits for the M113 vehicle.
Subtitle C—Navy Programs
SEC. 121. NEW ATTACK SUBMARINE PROGRAM.
(a) AMOUNTS
AUTHORIZED
FROM
SCN ACCOUNT.—Of the
amounts authorized to be appropriated by section 102(a)(3) for
fiscal year 1998, $2,599,800,000 is available for the New Attack
Submarine Program.
(b) CONTRACT AUTHORITY.—(1) The Secretary of the Navy may
enter into a contract for the procurement of four submarines under
the New Attack Submarine program.
(2) Any contract entered into under paragraph (1)—
(A) shall, notwithstanding section 2304(k) of title 10,
United States Code, be awarded to one of the two eligible
shipbuilders as the prime contractor on the condition that the
prime contractor enter into one or more subcontracts (under
such prime contract) with the other of the two eligible ship-
builders as contemplated in the New Attack Submarine Team
Agreement; and
(B) shall provide for—
(i) construction of the first submarine in fiscal year
1998; and
(ii) advance construction and advance procurement of
materiel for the second, third, and fourth submarines in
fiscal year 1998.
(3) The following shipbuilders are eligible for a contract under
this subsection:
(A) The Electric Boat Corporation.
(B) The Newport News Shipbuilding and Drydock Com-
pany.
(4) In paragraph (2)(A), the term ‘‘New Attack Submarine 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 submit-
ted 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
H. R. 1119—21
for termination costs in excess of the total amount appropriated
for the New Attack Submarine program.
(d) REPEALS OF SUPERSEDED PROVISIONS OF PREVIOUS 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).
(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 committees speci-
fied in subsection (e)(1)’’ in paragraphs (3) and (4) and inserting
in lieu thereof ‘‘the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Rep-
resentatives’’.
(e) INAPPLICABILITY OF SUPERSEDED ASPECTS OF ATTACK SUB-
MARINE 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 in the plan pursuant to subparagraphs (A), (B),
and (E) of paragraph (2) of such subsection.
SEC. 122. CVN–77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is
authorized to procure the aircraft carrier to be designated CVN–
77, subject to the availability of appropriations for that purpose.
(b) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal year
1998, $50,000,000 is available for the advance procurement and
advance construction of components (including nuclear components)
for the CVN–77 aircraft carrier program. The Secretary of the
Navy may enter into a contract or contracts with the shipbuilder
and other entities for the advance procurement and advance
construction of those components.
(c) OTHER FUNDS.—Of the funds authorized to be appropriated
under this Act for programs, projects, and activities of the military
departments and Defense Agencies, other than the CVN–77 aircraft
carrier program, up to $295,000,000 may be made available, as
the Secretary of Defense may direct, for the CVN–77 aircraft carrier
program. Authority to make transfers under this subsection is in
addition to the transfer authority provided in section 1001.
(d) MANAGEMENT OF FUNDS.—The Secretary of the Navy shall
obligate and expend the funds available for advance procurement
and advance construction of components for the CVN–77 aircraft
carrier program for fiscal year 1998 in a manner that is designed
H. R. 1119—22
to result in such cost savings as may be required in order to
meet the cost limitation specified in subsection (f).
(e) ADJUSTMENTS TO FUTURE-YEARS DEFENSE PROGRAM.—The
Secretary of Defense shall make such plans for the CVN–77 aircraft
carrier program as are necessary to attain for the program the
cost savings that are contemplated for the procurement of the
CVN–77 aircraft carrier in the March 1997 procurement plan.
(f) LIMITATION ON TOTAL COST OF PROCUREMENT.—(1) The Sec-
retary of the Navy shall structure the program for the procurement
of the CVN–77 aircraft carrier, and shall manage that program,
so that the total cost of the procurement of the CVN–77 aircraft
carrier does not exceed $4,600,000,000 (such amount being the
estimated cost for the procurement of the CVN–77 aircraft carrier
in the March 1997 procurement plan).
(2) The Secretary of the Navy may adjust the amount set
forth in paragraph (1) for the CVN–77 aircraft carrier program
by the following:
(A) The amounts of outfitting costs and post-delivery costs
incurred for the program.
(B) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 1997.
(C) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, 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 technology built into
the CVN–77 aircraft carrier, as compared to the technology
built into the baseline design 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 (as
contemplated in the March 1997 procurement plan) on which
the projected savings are based.
(3) The Secretary of the Navy shall annually submit to Con-
gress, at the same time as the budget is submitted under section
1105(a) of title 31, United States Code, written notice of any change
in the amount set forth in paragraph (1) during the preceding
fiscal year that the Secretary has determined to be associated
with a cost referred to in paragraph (2).
(g) MARCH 1997 PROCUREMENT PLAN DEFINED.—In this section,
the term ‘‘March 1997 procurement plan’’ means the procurement
plan for the CVN–77 aircraft carrier that was submitted to the
Navy and Congress by the shipbuilder in March 1997.
SEC. 123. EXCLUSION FROM COST LIMITATION FOR SEAWOLF SUB-
MARINE PROGRAM.
(a) AUTHORITY TO EXCLUDE AMOUNTS APPROPRIATED FOR CAN-
CELED VESSELS.—(1) The Secretary of the Navy may exclude from
the application of the cost limitation for the Seawolf submarine
program such amounts, not in excess of $272,400,000, as were
appropriated for fiscal years 1990, 1991, and 1992 for procurement
of Seawolf-class submarines that have been canceled.
(2) For the purposes of this subsection, the term ‘‘cost limitation
for the Seawolf submarine program’’ means the limitation in section
133(a) of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 211).
H. R. 1119—23
(b) DETERMINATION AND REPORT BY INSPECTOR GENERAL.—(1)
Not later than March 30, 1998, the Inspector General of the Depart-
ment 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 containing the Inspector Gen-
eral’s determination as to whether any further exclusion from,
adjustment to exclusion from, or increase in the dollar amount
of the cost limitation referred to in subsection (a) will be required.
(2) The Inspector General shall include in the report the
following:
(A) A thorough and comprehensive accounting for the
amount of $745,400,000 identified by the Secretary of the Navy
as having been obligated or expended for the detailed design
for Seawolf-class submarines that have been canceled and for
the procurement of nuclear components and construction spare
parts for those canceled submarines, including a statement
of the current disposition of items specifically purchased using
those funds.
(B) Cost growth, if any, in the cost of construction of
the SSN–21, SSN–22, and SSN–23 Seawolf-class submarines
that has not been reported to Congress before the date of
the report of the Inspector General.
(C) The current cost estimate of the Secretary of the Navy
for completion of the SSN–21, SSN–22, and SSN–23 Seawolf-
class submarines.
(3) The Inspector General shall include in the report such
supporting information and analyses as the Inspector General
considers appropriate for aiding in understanding the determination
and findings of the Inspector General.
Subtitle D—Air Force Programs
SEC. 131. AUTHORIZATION FOR B–2 BOMBER PROGRAM.
(a) FUNDING AVAILABILITY.—Of the funds made available for
procurement of aircraft for the Air Force for fiscal year 1998,
the amount of $331,000,000 is available for long-lead activities
related to the procurement of additional B–2 bomber aircraft. How-
ever, if the President determines that no additional B–2 bombers
should be procured during fiscal year 1998 and certifies that deci-
sion to Congress, the funding authorized in the preceding sentence
shall be made available to modify and repair the existing fleet
of B–2 bomber aircraft.
(b) SECRETARY OF DEFENSE TO PRESERVE OPTIONS OF PRESI-
DENT.—The Secretary of Defense shall ensure that all appropriate
actions are taken to preserve the options of the President until
the panel to review long-range airpower established by section
8131 of the Department of Defense Appropriations Act, 1998 (Public
Law 105–56; 111 Stat. 1249), submits its report.
SEC. 132. ALR RADAR WARNING RECEIVERS.
(a) COST AND OPERATION EFFECTIVENESS ANALYSIS.—The Sec-
retary of the Air Force shall conduct a cost and operation effective-
ness analysis of upgrading the ALR69 radar warning receiver as
compared with the further acquisition of the ALR56M radar warn-
ing receiver.
H. R. 1119—24
(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.
SEC. 133. ANALYSIS OF REQUIREMENTS FOR REPLACEMENT OF
ENGINES 
ON 
MILITARY 
AIRCRAFT 
DERIVED 
FROM
BOEING 707 AIRCRAFT.
(a) ANALYSIS REQUIRED.—The Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives an analy-
sis, to be carried out by the Under Secretary of Defense for Acquisi-
tion and Technology, of the requirements of the Department of
Defense for replacing engines on the aircraft of the Department
of Defense that are derived from the Boeing 707 aircraft and the
costs of meeting those requirements.
(b) CONTENT.—The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that
are in the inventory of the Department of Defense as of October
1, 1997, and the number of such aircraft that are projected
to be in the inventory of the Department as of October 1,
2002, as of October 1, 2007, and as of October 1, 2012.
(2) For each type of such aircraft, the estimated cost of
operating the aircraft for each fiscal year beginning with fiscal
year 1998 and ending with fiscal year 2014, 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, ana-
lyzed on the basis of the experience under the limited program
for replacing the engines on RC–135 aircraft that was under-
taken during fiscal years 1995, 1996, and 1997.
(4) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) SUBMISSION DEADLINE.—The analysis under subsection (a)
shall be submitted not later than March 1, 1998.
Subtitle E—Other Matters
SEC. 141. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILI-
TIES WITHOUT REGARD TO AVAILABILITY FROM DOMES-
TIC SOURCES.
(a) PILOT PROGRAM REQUIRED.—During fiscal years 1998 and
1999, the Secretary of the Army shall carry out a pilot program
to test the efficacy and appropriateness of selling manufactured
articles and services of Army industrial facilities under section
4543 of title 10, United States Code, without regard to the availabil-
ity of the articles and services from United States commercial
sources. In carrying out the pilot program, the Secretary may use
articles manufactured at, and services provided by, not more than
three Army industrial facilities.
(b) TEMPORARY WAIVER OF REQUIREMENT FOR DETERMINATION
OF UNAVAILABILITY FROM DOMESTIC SOURCE.—Under the pilot pro-
gram, the Secretary of the Army is not required under section
4543(a)(5) of title 10, United States Code, to determine whether
an article or service is available from a commercial source located
in the United States in the case of any of the following sales
H. R. 1119—25
for which a solicitation of offers is issued during fiscal year 1998
or 1999:
(1) A sale of articles to be incorporated into a weapon
system being procured by the Department of Defense.
(2) A sale of services to be used in the manufacture of
a weapon system being procured by the Department of Defense.
(c) REVIEW BY INSPECTOR GENERAL.—The Inspector General
of the Department of Defense shall review the experience under
the pilot program under this section and, not later than July 1,
1999, submit to Congress a report on the results of the review.
The report shall contain the following:
(1) The Inspector General’s views regarding the extent
to which the waiver under subsection (b) enhances the oppor-
tunity for United States manufacturers, assemblers, developers,
and other concerns to enter into or participate in contracts
and teaming arrangements with Army industrial facilities
under weapon system programs of the Department of Defense.
(2) The Inspector General’s views regarding the extent
to which the waiver under subsection (b) enhances the oppor-
tunity for Army industrial facilities referred to in section
4543(a) of title 10, United States Code, to enter into or partici-
pate in contracts and teaming arrangements with United States
manufacturers, assemblers, developers, and other concerns
under weapon system programs of the Department of Defense.
(3) The Inspector General’s views regarding the effect of
the waiver under subsection (b) on the ability of small
businesses to compete for the sale of manufactured articles
or services in the United States in competitions to enter into
or participate in contracts and teaming arrangements under
weapon system programs of the Department of Defense.
(4) Specific examples under the pilot program that support
the Inspector General’s views.
(5) Any other information that the Inspector General
considers pertinent regarding the effects of the waiver of section
4543(a)(5) of title 10, United States Code, under the pilot pro-
gram on opportunities for United States manufacturers, assem-
blers, developers, or other concerns, and for Army industrial
facilities, to enter into or participate in contracts and teaming
arrangements under weapon system programs of the Depart-
ment of Defense.
(6) Any recommendations that the Inspector General
considers appropriate regarding continuation or modification
of the policy set forth in section 4543(a)(5) of title 10, United
States Code.
SEC. 142. NATO JOINT SURVEILLANCE/TARGET ATTACK RADAR SYS-
TEM.
(a) FUNDING.—Amounts authorized to be appropriated 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.
H. R. 1119—26
(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 Surveillance capability that is based
on the Joint Surveillance/Target Attack Radar System of the United
States, notwithstanding the condition in such section that the
authority be utilized for carrying out contracts or obligations
incurred under section 27(d) of the Arms Export Control Act (22
U.S.C. 2767(d)).
(2) The authority under paragraph (1) applies during the period
that the conclusion of a cooperative project agreement for a NATO
Alliance Ground Surveillance capability under section 27(d) of the
Arms Export Control Act is pending, 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 Surveillance capability that is based on the Joint Surveil-
lance/Target Attack Radar System of the United States.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology program.
Sec. 204. Reduction in amount for Federally Funded Research and Development
Centers.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Manufacturing technology program.
Sec. 212. Report on operational field assessments program.
Sec. 213. Joint Strike Fighter program.
Sec. 214. Kinetic energy tactical anti-satellite technology program.
Sec. 215. Micro-satellite technology development program.
Sec. 216. High altitude endurance unmanned vehicle program.
Sec. 217. F–22 aircraft program.
Subtitle C—Ballistic Missile Defense Programs
Sec. 231. National Missile Defense Program.
Sec. 232. Budgetary treatment of amounts for procurement for ballistic missile
defense programs.
Sec. 233. Cooperative Ballistic Missile Defense program.
Sec. 234. Annual report on threat posed to the United States by weapons of mass
destruction, ballistic missiles, and cruise missiles.
Sec. 235. Director of Ballistic Missile Defense Organization.
Sec. 236. Repeal of required deployment dates for core theater missile defense
programs.
Subtitle D—Other Matters
Sec. 241. Restructuring of National Oceanographic Partnership Program organiza-
tions.
Sec. 242. Maintenance and repair of real property at Air Force installations.
Sec. 243. Expansion of eligibility for the Defense Experimental Program to Stimu-
late Competitive Research.
Sec. 244. Bioassay testing of veterans exposed to ionizing radiation during military
service.
Sec. 245. Sense of Congress regarding Comanche program.
H. R. 1119—27
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1998 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $4,633,495,000.
(2) For the Navy, $7,774,877,000.
(3) For the Air Force, $14,338,934,000.
(4) For Defense-wide activities, $9,831,646,000, of which—
(A) $258,183,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $27,384,000 is authorized for the Director of Oper-
ational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1998.—Of the amounts authorized to be appro-
priated by section 201, $3,935,390,000 shall be available for basic
research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For
purposes of this section, the term ‘‘basic research and applied
research’’ means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.
SEC. 203. DUAL-USE SCIENCE AND TECHNOLOGY PROGRAM.
(a) FUNDING 1998.—Of the amounts authorized to be appro-
priated by section 201, $75,000,000 is authorized for dual-use
projects.
(b) 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 the applied research programs of the military department,
the percent of such amount that is specified for that fiscal year
in paragraph (2).
(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.
(D) For fiscal year 2001, 15 percent.
(3) The Secretary of Defense may establish for a military
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 consider-
ations require the establishment of the different objective; and
(B) notifies Congress of the determination and the reasons
for the determination.
(c) DESIGNATION OF OFFICIAL FOR DUAL-USE PROGRAMS.—(1)
The Secretary of Defense shall designate a senior official in the
Office of the Secretary of Defense to carry out responsibilities for
dual-use projects under this subsection. The designated official shall
report directly to the Under Secretary of Defense for Acquisition
and Technology.
H. R. 1119—28
(2) The primary responsibilities of the designated official shall
include developing policy and overseeing the establishment of, and
adherence to, procedures for ensuring that dual-use projects are
initiated and administered effectively and that applicable commer-
cial technologies are integrated into current and future military
systems.
(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 departments and
defense agencies of the Department of Defense are coordinated
and avoid unnecessary duplication.
(d) FINANCIAL COMMITMENT
OF NON-FEDERAL GOVERNMENT
PARTICIPANTS.—The total amount of funds provided by a military
department for a dual-use project entered into by the Secretary
of that department shall not exceed 50 percent of the total cost
of the project. In the case of a dual-use project initiated after
the date of the enactment of this Act, the Secretary may consider
in-kind contributions by non-Federal participants only to the extent
such contributions constitute 50 percent or less of the share of
the project costs by such participants.
(e) USE
OF COMPETITIVE PROCEDURES.—Funds obligated for
a dual-use project may be counted toward meeting an objective
under subsection (a) only if the funds are obligated for a contract,
grant, cooperative agreement, or other transaction that was entered
into through the use of competitive procedures.
(f) REPORT.—(1) Not later than March 1 of each of 1998, 1999,
and 2000, the Secretary of Defense shall submit a report to the
congressional defense committees on the progress made by the
Department of Defense in meeting the objectives set forth in sub-
section (b) during the preceding fiscal year.
(2) The report for a fiscal year shall contain, at a minimum,
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 section, expressed in relationship to the total amount
appropriated for the applied research programs in the Depart-
ment 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 relation-
ship to the total amount appropriated for the applied research
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 fiscal 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 Secretary of Defense
or the Secretary of a military department to increase the
percentage of the total value of the dual-use projects under-
taken to meet or exceed an objective under this section.
H. R. 1119—29
(E) Any recommended legislation to facilitate achievement
of objectives under this section.
(g) COMMERCIAL OPERATIONS
AND SUPPORT SAVINGS INITIA-
TIVE.—(1) The Secretary of Defense shall establish a Commercial
Operations and Support Savings Initiative (in this subsection
referred to as the ‘‘Initiative’’) to develop commercial products and
processes that the military departments can incorporate into oper-
ational military systems to reduce costs of operations and support.
(2) Of the amounts authorized to be appropriated by section
201, $50,000,000 is authorized for the Initiative.
(3) Projects and participants in the Initiative shall be selected
through the use of competitive procedures.
(4) The budget submitted to Congress by the President for
fiscal year 1999 and each fiscal year thereafter pursuant to section
1105(a) of title 31, United States Code, shall set forth separately
the funding request for the Initiative.
(h) REPEAL OF SUPERSEDED AUTHORITY.—Section 203 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2451) is repealed.
(i) 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 Evaluation account of that
department.
(2) The term ‘‘dual-use project’’ means a project under
a program of a military department or a defense 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. 
204. 
REDUCTION 
IN 
AMOUNT 
FOR 
FEDERALLY 
FUNDED
RESEARCH AND DEVELOPMENT CENTERS.
The total of the amounts authorized to be appropriated in
section 201 that are available for Federally Funded Research and
Development Centers (other than amounts for capital equipment
investment) is hereby reduced by $42,000,000.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MANUFACTURING TECHNOLOGY PROGRAM.
(a) PARTICIPATION OF MANUFACTURERS.—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 tech-
nology and industrial base, the Secretary shall seek, to the maxi-
mum extent practicable, the participation of manufacturers of
manufacturing equipment in the projects under the program.’’.
(b) FIVE-YEAR PLAN.—Section 2525 of such title is amended
by adding at the end the following new subsection:
‘‘(e) FIVE-YEAR PLAN.—(1) The Secretary of Defense shall pre-
pare a five-year plan for the program which establishes—
‘‘(A) the overall manufacturing technology goals, mile-
stones, priorities, and investment strategy for the program;
and
H. R. 1119—30
‘‘(B) for each of the five fiscal years covered by the plan,
the objectives of, and funding for the program by, each military
department and each Defense Agency participating in the pro-
gram.
‘‘(2) The plan shall include an assessment of the effectiveness
of the program.
‘‘(3) The plan shall be updated annually and shall be included
in the budget justification documents submitted in support of the
budget of the Department of Defense for a fiscal year (as included
in the budget of the President submitted to Congress under section
1105 of title 31).’’.
(c) DEADLINE FOR FIRST PLAN.—The Secretary of Defense shall
prepare the first five-year plan required under section 2525(e) of
such title, as added by subsection (b), within 60 days after the
date of the enactment of this Act.
SEC. 212. REPORT ON OPERATIONAL FIELD ASSESSMENTS PROGRAM.
(a) FINDING.—Congress recognizes the potential value that the
Department of Defense Operational Field Assessments program,
which is managed by the Director of Operational Test and
Evaluation, provides to the commanders of the Unified Combatant
Commands with respect to assessment of the effectiveness of near-
term operational concepts and critical operational issues in quick-
response operational tests and evaluations.
(b) REPORT.—Not later than March 30, 1998, the Secretary
of Defense shall submit to the congressional defense committees
a report on the Operational Field Assessments program.
(c) CONTENT
OF
REPORT.—The report shall contain the
following:
(1) A review of the Operational Field Assessments program
which describes the goals and objectives of the program, assess-
ments by the program conducted as of the date of the submis-
sion of the report, and the results of those assessments.
(2) A description of the current management and support
structure of the program within the Department of Defense,
including a description of how program responsibilities are
assigned within the Office of the Secretary of Defense and
a description of the roles of the Joint Staff, the commanders
of the Unified Combatant Commands, and the military depart-
ments.
(3) An analysis of and recommendations regarding the
management structure required within the Office of the Sec-
retary of Defense to ensure that the program is responsive
to the mission needs of the commanders of the Unified Combat-
ant Commands.
(4) The funding plan for the program.
(5) A description of future plans for the program and fund-
ing requirements for those plans.
(6) 
Recommendations 
regarding 
additional 
statutory
authority that may be required for the program.
SEC. 213. JOINT STRIKE FIGHTER PROGRAM.
(a) REPORT.—Not later than February 15, 1998, the Secretary
of Defense shall submit to the congressional defense 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:
H. R. 1119—31
(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 estimates 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 fielding 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, including 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 pro-
ceeds into production.
(4) A certification that the Joint Strike Fighter Program
contains sufficient funding to carry out an alternate engine
development program that includes flight qualification of an
alternate engine in a joint strike fighter airframe.
(c) LIMITATION
ON USE
OF FUNDS PENDING SUBMISSION
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 congressional 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 submitted to Congress by the Sec-
retary 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. 214. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY
PROGRAM.
Of the funds authorized to be appropriated under section 201(4),
$37,500,000 shall be available for the kinetic energy tactical anti-
satellite technology program.
SEC. 215. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT OF MICRO-SATELLITE TECHNOLOGY DEVEL-
OPMENT PROGRAM.—The Secretary of Defense shall restructure the
Clementine 2 micro-satellite development program into a micro-
satellite technology development program that supports a range
of space mission areas.
(b) REPORT.—Not later than February 15, 1998, the Secretary
of Defense shall submit to the congressional defense committees
a report describing the structure and objectives of the micro-satellite
technology development program established under subsection (a)
and how the program can benefit existing or future space systems
or architectures.
SEC. 
216. 
HIGH 
ALTITUDE 
ENDURANCE 
UNMANNED 
VEHICLE
PROGRAM.
(a) LIMITATION ON TOTAL COST OF ADVANCED CONCEPT TECH-
NOLOGY DEMONSTRATION.—The total amount obligated or expended
H. R. 1119—32
for advanced concept technology demonstration under the High
Altitude Endurance Unmanned Vehicle Program for fiscal year
1998 through fiscal year 2003 may not exceed $476,826,000.
(b) LIMITATION ON PROCUREMENT.—The Secretary of Defense
may not procure any high altitude endurance unmanned vehicles,
other than the currently planned vehicles, until the completion
of the testing identified in phase II of the test and demonstration
plan for the advanced concept technology demonstration for the
vehicles.
(c) LIMITATION ON PROCEEDING.—The High Altitude Endurance
Unmanned Vehicle Program may not proceed beyond advanced
concept technology demonstration until the Secretary of Defense—
(1) provides to Congress a firm unit cost (referred to in
this section as the ‘‘fly away cost’’) for each of the currently
planned vehicles; and
(2) certifies to Congress the military suitability and the
worth of each such vehicle.
(d) GAO REVIEW.—(1) The Comptroller General shall review
the High Altitude Endurance Unmanned Vehicle Program for pur-
poses of determining whether the average fly away cost for each
vehicle is within the cost goal under the program of $10,000,000.
(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 deter-
mination under paragraph (1).
(e) CURRENTLY PLANNED VEHICLES.—In this section, the term
‘‘currently planned vehicles’’ means the four Dark Star air vehicles
and the five Global Hawk air vehicles that have been approved
for procurement by the Secretary of Defense as of the date of
the enactment of this Act.
SEC. 217. F–22 AIRCRAFT PROGRAM.
(a) LIMITATION ON TOTAL COST OF ENGINEERING AND MANUFAC-
TURING DEVELOPMENT.—The total amount obligated or expended
for engineering and manufacturing development 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 production program
may not exceed $43,400,000,000.
(c) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of
the Air Force shall adjust the amounts of the limitations set forth
in subsections (a) and (b) by the following amounts:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 1997.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 1997.
(d) ANNUAL GAO REVIEW.—(1) Not later than March 15 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 regarding 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:
H. R. 1119—33
(A) The extent to which engineering and manufacturing
development under the program is meeting the goals estab-
lished for engineering and manufacturing development under
the program, including the performance, cost, and schedule
goals.
(B) The status of modifications expected to have a signifi-
cant effect on cost or performance of F–22 aircraft.
(C) The plan for engineering and manufacturing develop-
ment (leading to production) under the program for the fiscal
year that begins in the following year.
(D) A conclusion regarding whether the plan referred to
in subparagraph (C) is consistent with the limitation in sub-
section (a).
(E) A conclusion regarding whether engineering and manu-
facturing development (leading to production) under the pro-
gram 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 report under
this subsection not later than March 15, 1998. No report is required
under this subsection after engineering and manufacturing develop-
ment under the program has been completed.
(e) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The Sec-
retary of Defense and the prime contractors under the F–22 aircraft
program shall provide the Comptroller General with such informa-
tion on the program as the Comptroller General considers necessary
to carry out the responsibilities under subsection (d).
(f) 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 General submits to Congress—
(1) the report required to be submitted in that fiscal year
under subsection (d); and
(2) a certification regarding whether the Comptroller Gen-
eral has had access to sufficient information to make informed
judgments on the matters covered by the report.
Subtitle C—Ballistic Missile Defense
Programs
SEC. 231. NATIONAL MISSILE DEFENSE PROGRAM.
(a) PROGRAM STRUCTURE.—To preserve the option of achieving
an initial operational capability in fiscal year 2003, the Secretary
of Defense shall ensure that the National Missile Defense Program
is structured and programmed 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
architecture that could achieve initial operational capability in fiscal
year 2003.
(b) ELEMENTS OF NMD SYSTEM.—The national missile defense
system architecture specified in subsection (a) shall consist of the
following elements:
(1) An interceptor system that optimizes defensive coverage
of the continental United States, Alaska, and Hawaii against
limited ballistic missile attack (whether accidental, unauthor-
ized, or deliberate).
(2) Ground-based radars.
H. R. 1119—34
(3) Space-based sensors.
(4) Battle management, command, control, and communica-
tions (BM/C3).
(c) PLAN FOR NMD SYSTEM DEVELOPMENT AND DEPLOYMENT.—
Not later than February 15, 1998, the Secretary 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:
(1) A detailed description of the system architecture
selected for development.
(2) A discussion of the justification for the selection of
that particular architecture.
(3) The Secretary’s estimate of the amounts of the appro-
priations that would be necessary for research, development,
test, evaluation, and for procurement 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 development 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 Secretary’s deter-
mination 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 of an integrated
missile defense system in fiscal year 1999 and initial oper-
ational 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 avail-
able for the National Missile Defense 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. 232. BUDGETARY TREATMENT OF AMOUNTS FOR PROCUREMENT
FOR BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) REQUIREMENT FOR INCLUSION IN BUDGET OF BMDO.—(1)
Chapter 9 of title 10, United States Code, is amended by inserting
after section 222 the following new section:
‘‘§ 224. Ballistic missile defense programs: display of amounts
for procurement
‘‘(a) REQUIREMENT.—Any amount in the budget submitted to
Congress under section 1105 of title 31 for any fiscal year for
procurement for a Department of Defense missile defense program
described in subsection (b) shall be set forth under the account
of the Department of Defense for Defense-wide procurement and,
within that account, under the subaccount (or other budget activity
level) for the Ballistic Missile Defense Organization.
H. R. 1119—35
‘‘(b) COVERED
PROGRAMS.—Subsection (a) applies to the
following missile defense programs of the Department of Defense:
‘‘(1) The National Missile Defense Program.
‘‘(2) Any system that is part of the core theater missile
defense program.
‘‘(3) Any other ballistic missile defense program that enters
production after the date of the enactment of this section and
for which research, development, test, and evaluation was car-
ried out by the Ballistic Missile Defense Organization.
‘‘(c) CORE THEATER BALLISTIC MISSILE DEFENSE PROGRAM.—
For purposes of this section, the core theater missile defense pro-
gram consists of the systems specified in section 234 of the Ballistic
Missile Defense Act of 1995 (10 U.S.C. 2431 note).’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 222
the following new item:
‘‘224. Ballistic missile defense programs: display of amounts for procurement.’’.
(b) FISCAL YEAR 1998 FUNDS.—(1) The Secretary of Defense
shall transfer to appropriations available to the Ballistic Missile
Defense Organization for procurement for fiscal year 1998 any
amounts that are appropriated for procurement for that fiscal year
for any of the Armed Forces by reason of the transference of
certain programs to accounts of the Army, Navy, Air Force, and
Marine Corps pursuant to Program Budget Decision 224C3, signed
by the Under Secretary of Defense (Comptroller) on December 23,
1996.
(2) Any transfer pursuant to paragraph (1) shall not be counted
for purposes of section 1001.
SEC. 233. COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM.
(a) REQUIREMENT FOR NEW PROGRAM ELEMENT.—The Secretary
of Defense shall establish a program element for the Ballistic Mis-
sile Defense Organization, to be referred to as the ‘‘Cooperative
Ballistic Missile Defense Program’’, to support technical and analyt-
ical cooperative efforts between the United States and other nations
that contribute to United States ballistic missile defense capabili-
ties. Except as provided in subsection (b), all international coopera-
tive ballistic missile defense programs of the Department of Defense
shall be budgeted and administered through that program element.
(b) AUTHORITY FOR EXCEPTIONS.—The Secretary of Defense may
exclude from the program element established pursuant to sub-
section (a) any international cooperative ballistic missile defense
program of the Department of Defense that after the date of the
enactment of this Act is designated by the Secretary of Defense
(pursuant to applicable Department of Defense acquisition regula-
tions and policy) to be managed as a separate acquisition program.
(c) RELATIONSHIP TO OTHER PROGRAM ELEMENTS.—The pro-
gram element established pursuant to subsection (a) is in addition
to the program elements for activities of the Ballistic Missile
Defense Organization required under section 251 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 233; 10 U.S.C. 221 note).
H. R. 1119—36
SEC. 234. ANNUAL REPORT ON THREAT POSED TO THE UNITED STATES
BY 
WEAPONS 
OF 
MASS 
DESTRUCTION, 
BALLISTIC
MISSILES, AND CRUISE MISSILES.
(a) ANNUAL REPORT.—The Secretary of Defense shall submit
to Congress by January 30 of each year a report on the threats
posed to the United States and allies of the United States—
(1) by weapons of mass destruction, ballistic missiles, and
cruise missiles; and
(2) by the proliferation of weapons of mass destruction,
ballistic missiles, and cruise missiles.
(b) CONSULTATION.—Each report submitted under subsection
(a) shall be prepared in consultation with the Director of Central
Intelligence.
(c) MATTERS TO BE INCLUDED.—Each report submitted under
subsection (a) shall include the following:
(1) Identification of each foreign country and non-State
organization that possesses weapons of mass destruction, ballis-
tic missiles, or cruise missiles, and a description of such weap-
ons and missiles with respect to each such foreign country
and non-State organization.
(2) A description of the means by which any foreign country
and non-State organization that has achieved capability with
respect to weapons of mass destruction, ballistic missiles, or
cruise missiles has achieved that capability, including a descrip-
tion of the international network of foreign countries and pri-
vate entities that provide assistance to foreign countries and
non-State organizations in achieving that capability.
(3) An examination of the doctrines that guide the use
of weapons of mass destruction in each foreign country that
possesses such weapons.
(4) An examination of the existence and implementation
of the control mechanisms that exist with respect to nuclear
weapons in each foreign country that possesses such weapons.
(5) Identification of each foreign country and non-State
organization that seeks to acquire or develop (indigenously
or with foreign assistance) weapons of mass destruction, ballis-
tic missiles, or cruise missiles, and a description of such weap-
ons and missiles with respect to each such foreign country
and non-State organization.
(6) An assessment of various possible timelines for the
achievement by foreign countries and non-State organizations
of capability with respect to weapons of mass destruction, ballis-
tic missiles, and cruise missiles, taking into account the prob-
ability of whether the Russian Federation and the People’s
Republic of China will comply with the Missile Technology
Control Regime, the potential availability of assistance from
foreign technical specialists, and the potential for independent
sales by foreign private entities without authorization from
their national governments.
(7) For each foreign country or non-State organization that
has not achieved the capability to target the United States
or its territories with weapons of mass destruction, ballistic
missiles, or cruise missiles as of the date of the enactment
of this Act, an estimate of how far in advance the United
States is likely to be warned before such foreign country or
non-State organization achieves that capability.
H. R. 1119—37
(8) For each foreign country or non-State organization that
has not achieved the capability to target members of the United
States Armed Forces deployed abroad with weapons of mass
destruction, ballistic missiles, or cruise missiles as of the date
of the enactment of this Act, an estimate of how far in advance
the United States is likely to be warned before such foreign
country or non-State organization achieves that capability.
(d) CLASSIFICATION.—Each report under subsection (a) shall
be submitted in classified and unclassified form.
SEC. 235. DIRECTOR OF BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) IN GENERAL.—Subchapter II of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 203. Director of Ballistic Missile Defense Organization
‘‘If an officer of the armed forces on active duty is appointed
to the position of Director of the Ballistic Missile Defense Organiza-
tion, the position shall be treated as having been designated by
the President as a position of importance and responsibility for
purposes of section 601 of this title and shall carry the grade
of lieutenant general or general or, in the case of an officer of
the Navy, vice admiral or admiral.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘203. Director of Ballistic Missile Defense Organization.’’.
SEC. 236. REPEAL OF REQUIRED DEPLOYMENT DATES FOR CORE
THEATER MISSILE DEFENSE PROGRAMS.
Section 234(a) of the Ballistic Missile Defense Act of 1995
(subtitle C of title II of Public Law 104–106; 110 Stat. 229; 10
U.S.C. 2431 note) is amended—
(1) in the matter preceding paragraph (1), by striking out
‘‘, to be carried out so as to achieve the specified capabilities’’;
(2) in paragraph (1), by striking out ‘‘, with a first unit
equipped (FUE) during fiscal year 1998’’;
(3) in paragraph (2), by striking out ‘‘Navy Lower Tier
(Area) system’’ and all that follows through ‘‘fiscal year 1999’’
and inserting in lieu thereof ‘‘Navy Area Defense system’’;
(4) in paragraph (3), by striking out ‘‘, with a’’ and all
that follows through ‘‘fiscal year 2000’’; and
(5) in paragraph (4), by striking out ‘‘Navy Upper Tier’’
and all that follows through ‘‘fiscal year 2001’’ and inserting
in lieu thereof ‘‘Navy Theater Wide system’’.
Subtitle D—Other Matters
SEC. 241. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC PARTNER-
SHIP PROGRAM ORGANIZATIONS.
(a) NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL.—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 para-
graphs (11) and (12), respectively;
H. R. 1119—38
(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), respectively.
(b) OCEAN RESEARCH ADVISORY PANEL.—(1) The text of section
7903 of such title is amended to read as follows:
‘‘(a) ESTABLISHMENT.—The Council shall establish an Ocean
Research Advisory Panel consisting of not less than 10 and not
more than 18 members appointed by the chairman, including the
following:
‘‘(1) One member who will represent the National Academy
of Sciences.
‘‘(2) One member who will represent the National Academy
of Engineering.
‘‘(3) One member who will represent the Institute of Medi-
cine.
‘‘(4) Members selected from among individuals who will
represent the views of ocean industries, State governments,
academia, and such other views as the chairman considers
appropriate.
‘‘(5) Members selected from among individuals eminent
in the fields of marine science or marine policy, or related
fields.
‘‘(b) RESPONSIBILITIES.—The Council shall assign the following
responsibilities to the Advisory Panel:
‘‘(1) To advise the Council on policies and procedures to
implement the National Oceanographic Partnership Program.
‘‘(2) To advise the Council on selection of partnership
projects and allocation of funds for partnership projects for
implementation under the program.
‘‘(3) To advise the Council on matters relating to national
oceanographic data requirements.
‘‘(4) Any additional responsibilities that the Council consid-
ers appropriate.
‘‘(c) FUNDING.—The Secretary of the Navy annually shall make
funds available to support the activities of the Advisory Panel.’’.
(2) Section 282(c) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2473) is amend-
ed by striking out ‘‘January 1, 1997’’ and inserting in lieu thereof
‘‘January 1, 1998’’.
(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 subsections
(a) and (b) shall be effective as of September 23, 1996, as if included
in section 282 of Public Law 104–201.
SEC. 242. MAINTENANCE AND REPAIR OF REAL PROPERTY AT AIR
FORCE INSTALLATIONS.
(a) IN GENERAL.—Chapter 949 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 9782. Maintenance and repair of real property
‘‘(a) ALLOCATION OF FUNDS.—The Secretary of the Air Force
shall allocate funds authorized to be appropriated by a provision
described in subsection (c) and a provision described in subsection
H. R. 1119—39
(d) for maintenance and repair of real property at military installa-
tions of the Department of the Air Force without regard to whether
the installation is supported with funds authorized by a provision
described in subsection (c) or (d).
‘‘(b) MIXING OF FUNDS PROHIBITED ON INDIVIDUAL PROJECTS.—
The Secretary of the Air Force may not combine funds authorized
to be appropriated by a provision described in subsection (c) and
funds authorized to be appropriated by a provision described in
subsection (d) for an individual project for maintenance and repair
of real property at a military installation of the Department of
the Air Force.
‘‘(c) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FUNDS.—
The provision described in this subsection is a provision of a
national defense authorization Act that authorizes funds to be
appropriated for a fiscal year to the Air Force for research, develop-
ment, test, and evaluation.
‘‘(d) OPERATION
AND
MAINTENANCE
FUNDS.—The provision
described in this subsection is a provision of a national defense
authorization Act that authorizes funds to be appropriated for a
fiscal year to the Air Force for operation and maintenance.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘9782. Maintenance and repair of real property.’’.
SEC. 243. EXPANSION OF ELIGIBILITY FOR THE DEFENSE EXPERI-
MENTAL 
PROGRAM 
TO 
STIMULATE 
COMPETITIVE
RESEARCH.
Section 257 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; U.S.C. 2358 note) is amended
by adding at the end the following new subsection:
‘‘(f) STATE DEFINED.—In this section, the term ‘State’ means
a State of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands, American Samoa,
and the Commonwealth of the Northern Mariana Islands.’’.
SEC. 244. BIOASSAY TESTING OF VETERANS EXPOSED TO IONIZING
RADIATION DURING MILITARY SERVICE.
(a) NUCLEAR TEST PERSONNEL PROGRAM.—Of the amount pro-
vided in section 201(4), $300,000 shall be available for testing
described in subsection (b) in support of the Nuclear Test Personnel
Program conducted by the Defense Special Weapons Agency.
(b) COVERED TESTING.—Subsection (a) applies to the third
phase of bioassay testing of individuals who are radiation-exposed
veterans (as defined in section 1112(c)(3)(A) of title 38, United
States Code) who participated in radiation-risk activities (as defined
in section 1112(c)(3)(B) of such title).
SEC. 245. SENSE OF CONGRESS REGARDING COMANCHE PROGRAM.
It is the sense of Congress that the Department of Defense
should—
(1) evaluate technology transfer and acquisition initiatives
within the Army Comanche program that have the potential
to increase the efficiency or reduce the risk of the Comanche
program; and
(2) include adequate funding for those initiatives that the
Department deems to be meritorious in the future-years defense
H. R. 1119—40
program (as submitted to Congress under section 221 of title
10, United States Code).
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 National Defense Stockpile Transaction Fund.
Sec. 306. Refurbishment of M1–A1 tanks.
Sec. 307. Operation of prepositioned fleet, National Training Center, Fort Irwin,
California.
Sec. 308. Refurbishment and installation of air search radar.
Sec. 309. Contracted training flight services.
Sec. 310. Procurement technical assistance programs.
Sec. 311. Operation of Fort Chaffee, Arkansas.
Subtitle B—Military Readiness Issues
Sec. 321. Monthly reports on allocation of funds within operation and maintenance
budget subactivities.
Sec. 322. Expansion of scope of quarterly readiness reports.
Sec. 323. Semiannual reports on transfers from high-priority readiness appropria-
tions.
Sec. 324. Annual report on aircraft inventory.
Sec. 325. Administrative actions adversely affecting military training or other
readiness activities.
Sec. 326. Common measurement of operations tempo and personnel tempo.
Sec. 327. Inclusion of Air Force depot maintenance as operation and maintenance
budget line items.
Sec. 328. Prohibition of implementation of tiered readiness system.
Sec. 329. Report on military readiness requirements of the Armed Forces.
Sec. 330. Assessment of cyclical readiness posture of the Armed Forces.
Sec. 331. Report on military exercises conducted under certain training exercises
programs.
Sec. 332. Report on overseas deployments.
Subtitle C—Environmental Provisions
Sec. 341. Revision of membership terms for Strategic Environmental Research and
Development Program Scientific Advisory Board.
Sec. 342. Amendments to authority to enter into agreements with other agencies in
support of environmental technology certification.
Sec. 343. Modifications of authority to store and dispose of nondefense toxic and
hazardous materials.
Sec. 344. Annual report on payments and activities in response to fines and
penalties assessed under environmental laws.
Sec. 345. Annual report on environmental activities of the Department of Defense
overseas.
Sec. 346. Review of existing environmental consequences of the presence of the
Armed Forces in Bermuda.
Sec. 347. Sense of Congress on deployment of United States Armed Forces abroad
for environmental preservation activities.
Sec. 348. Recovery and sharing of costs of environmental restoration at Department
of Defense sites.
Sec. 349. Partnerships for investment in innovative environmental technologies.
Sec. 350. Procurement of recycled copier paper.
Sec. 351. Pilot program for the sale of air pollution emission reduction incentives.
Subtitle D—Depot-Level Activities
Sec. 355. Definition of depot-level maintenance and repair.
Sec. 356. Core logistics capabilities of Department of Defense.
Sec. 357. Increase in percentage of depot-level maintenance and repair that may be
contracted for performance by non-Government personnel.
Sec. 358. Annual report on depot-level maintenance and repair.
Sec. 359. Requirement for use of competitive procedures in contracting for perform-
ance of depot-level maintenance and repair workloads formerly
performed at closed or realigned military installations.
H. R. 1119—41
Sec. 360. Clarification of prohibition on management of depot employees by
constraints on personnel levels.
Sec. 361. Centers of Industrial and Technical Excellence.
Sec. 362. Extension of authority for aviation depots and naval shipyards to engage
in defense-related production and services.
Sec. 363. Repeal of a conditional repeal of certain depot-level maintenance and
repair laws and a related reporting requirement.
Sec. 364. Personnel reductions, Army depots participating in Army Workload and
Performance System.
Sec. 365. Report on allocation of core logistics activities among Department of
Defense facilities and private sector facilities.
Sec. 366. Review of use of temporary duty assignments for ship repair and mainte-
nance.
Sec. 367. Sense of Congress regarding realignment of performance of ground
communication-electronic workload.
Subtitle E—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 371. Reorganization of laws regarding commissaries and exchanges and other
morale, welfare, and recreation activities.
Sec. 372. Merchandise and pricing requirements for commissary stores.
Sec. 373. Limitation on noncompetitive procurement of brand-name commercial
items for resale in commissary stores.
Sec. 374. Treatment of revenues derived from commissary store activities.
Sec. 375. Maintenance, repair, and renovation of Armed Forces Recreation Center,
Europe.
Sec. 376. Plan for use of public and private partnerships to benefit morale, welfare,
and recreation activities.
Subtitle F—Other Matters
Sec. 381. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 382. Center for Excellence in Disaster Management and Humanitarian Assist-
ance.
Sec. 383. Applicability of Federal printing requirements to Defense Automated
Printing Service.
Sec. 384. Study and notification requirements for conversion of commercial and
industrial type functions to contractor performance.
Sec. 385. Collection and retention of cost information data on converted services
and functions.
Sec. 386. Financial assistance to support additional duties assigned to Army
National Guard.
Sec. 387. Competitive procurement of printing and duplication services.
Sec. 388. Continuation and expansion of demonstration program to identify over-
payments made to vendors.
Sec. 389. Development of standard forms regarding performance work statement
and request for proposal for conversion of certain operational functions
of military installations.
Sec. 390. Base operations support for military installations on Guam.
Sec. 391. Warranty claims recovery pilot program.
Sec. 392. Program to investigate fraud, waste, and abuse within Department of
Defense.
Sec. 393. Multitechnology automated reader card demonstration program.
Sec. 394. Reduction in overhead costs of Inventory Control Points.
Sec. 395. Inventory management.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
1998 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $17,174,589,000.
(2) For the Navy, $21,947,656,000.
(3) For the Marine Corps, $2,424,645,000.
H. R. 1119—42
(4) For the Air Force, $19,172,985,000.
(5) For Defense-wide activities, $10,242,607,000.
(6) For the Army Reserve, $1,207,981,000.
(7) For the Naval Reserve, $846,711,000.
(8) For the Marine Corps Reserve, $116,366,000.
(9) For the Air Force Reserve, $1,631,200,000.
(10) For the Army National Guard, $2,311,432,000.
(11) For the Air National Guard, $2,999,782,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,952,000.
(14) For Environmental Restoration, Army, $375,337,000.
(15) For Environmental Restoration, Navy, $275,500,000.
(16) 
For 
Environmental 
Restoration, 
Air 
Force,
$376,900,000.
(17) 
For 
Environmental 
Restoration, 
Defense-wide,
$26,900,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $202,300,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $47,130,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $666,882,000.
(21) For the Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Trust Fund, $10,000,000.
(22) For Medical Programs, Defense, $9,957,782,000.
(23) 
For 
Cooperative 
Threat 
Reduction 
programs,
$382,200,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,253,900,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1998 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $971,952,000.
(2) For the National Defense Sealift Fund, $1,059,948,000.
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 Retire-
ment Home, including the United States Soldiers’ and Airmen’s
Home and the Naval Home.
SEC. 304. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1998, out of funds in Fisher House Trust Funds not otherwise
appropriated, for the operation of Fisher houses described in section
2221(d) of title 10, United States Code, as follows:
(1) From the Fisher House Trust Fund, Department of
the Army, $250,000 for Fisher houses that are located in
proximity to medical treatment facilities of the Army.
(2) From the Fisher House Trust Fund, Department of
the Navy, $150,000 for Fisher houses that are located in proxim-
ity to medical treatment facilities of the Navy.
H. R. 1119—43
SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to
operation and maintenance accounts for fiscal year 1998 in amounts
as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts transferred 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 Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 306. REFURBISHMENT OF M1–A1 TANKS.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army, $35,000,000
shall be available only for refurbishment of M1–A1 tanks under
the AIM–XXI program if the Secretary of Defense determines that
the cost effectiveness of the pilot AIM–XXI program is validated
through user trials conducted at the National Training Center,
Fort Irwin, California.
SEC. 307. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING
CENTER, FORT IRWIN, CALIFORNIA.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army, $60,200,000
shall be available only to pay costs associated with the operation
of the prepositioned fleet of equipment during training rotations
at the National Training Center, Fort Irwin, California.
SEC. 308. REFURBISHMENT AND INSTALLATION OF AIR SEARCH
RADAR.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(2) for operation and maintenance for the Navy, $6,000,000
may be available for the refurbishment and installation of the
AN/SPS–48E air search radar for the Ship Self Defense System
at the Integrated Ship Defense Systems Engineering Center, Naval
Surface Warfare Center, Wallops Islands, Virginia.
SEC. 309. CONTRACTED TRAINING FLIGHT SERVICES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(4) for operation and maintenance for the Air Force,
$12,000,000 may be used for contracted training flight services.
SEC. 310. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) FUNDING.—Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for carrying
out the provisions of chapter 142 of title 10, United States Code.
(b) SPECIFIC PROGRAMS.—Of the amounts made available pursu-
ant to subsection (a), $600,000 shall be available for fiscal year
H. R. 1119—44
1998 for the purpose of carrying out programs sponsored by eligible
entities referred to in subparagraph (D) of section 2411(1) of title
10, United States Code, that provide procurement technical assist-
ance in distressed areas referred to in subparagraph (B) of section
2411(2) of such title. If there is an insufficient number of satisfac-
tory proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in accordance
with this subsection in such areas, the funds shall be allocated
among the Defense Contract Administration Services regions in
accordance with section 2415 of such title.
SEC. 311. OPERATION OF FORT CHAFFEE, ARKANSAS.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(10) for operation and maintenance for the Army National
Guard, $6,854,000 may be available for the operation of Fort
Chaffee, Arkansas.
Subtitle B—Military Readiness Issues
SEC. 321. MONTHLY REPORTS ON ALLOCATION OF FUNDS WITHIN
OPERATION AND MAINTENANCE BUDGET SUBACTIVI-
TIES.
(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 228. Monthly reports on allocation of funds within oper-
ation and maintenance budget subactivities
‘‘(a) MONTHLY REPORT.—The Secretary of Defense shall submit
to Congress a monthly report on the allocation of appropriations
to O&M budget activities and to the subactivities of those budget
activities. Each such report shall be submitted not later than 60
days after the end of the month to which the report pertains.
‘‘(b) MATTERS TO BE INCLUDED.—Each such report shall set
forth the following for each subactivity of the O&M budget activities:
‘‘(1) The amount of budget authority appropriated for that
subactivity in the most recent regular Department of Defense
Appropriations Act.
‘‘(2) The amount of budget authority actually made avail-
able for that subactivity, taking into consideration supplemental
appropriations, rescissions, and other adjustments required by
law or made pursuant to law.
‘‘(3) The amount programmed to be expended from such
subactivity.
‘‘(c) IDENTIFICATION OF CERTAIN FLUCTUATIONS.—(1) If, in the
report under this section for a month of a fiscal year after the
first month of that fiscal year, an amount shown under subsection
(b) for a subactivity is different by more than $15,000,000 from
the corresponding amount for that subactivity in the report for
the first month of that fiscal year, the Secretary shall include
in the report notice of that difference.
‘‘(2) If, in the report under this section for a month of a
fiscal year after a month for which the report under this section
includes a notice under paragraph (1), an amount shown under
subsection (b) for a subactivity is different by more than $15,000,000
from the corresponding amount for that subactivity in the most
recent report that includes a notice under paragraph (1) or this
H. R. 1119—45
paragraph, the Secretary shall include in the report notice of that
difference.
‘‘(d) REPORT ON FLUCTUATIONS.—If a report under this section
includes a notice under subsection (c), the Secretary shall include
in the report with each such notice the following:
‘‘(1) The reasons for the reallocations of funds resulting
in the inclusion of that notice in the report.
‘‘(2) Each budget subactivity involved in those reallocations.
‘‘(3) The effect of those reallocations on the operation and
maintenance activities funded through the subactivity with
respect to which the notice is included in the report.
‘‘(e) O&M BUDGET ACTIVITY DEFINED.—For purposes of this
section, the term ‘O&M budget activity’ means a budget activity
within an operation and maintenance appropriation of the Depart-
ment of Defense for a fiscal year.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘228. Monthly reports on allocation of funds within operation and maintenance
budget subactivities.’’.
(b) EFFECTIVE DATE.—The first report under section 228 of
title 10, United States Code, as added by subsection (a), shall
be for the month of December 1997.
SEC. 322. EXPANSION OF SCOPE OF QUARTERLY READINESS REPORTS.
(a) EXPANDED REPORTS REQUIRED.—(1) Section 482 of title 10,
United States Code, is amended to read as follows:
‘‘§ 482. Quarterly reports: personnel and unit readiness
‘‘(a) QUARTERLY REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar-year quarter, the Secretary of Defense
shall submit to Congress a report regarding military readiness.
The report for a quarter shall contain the information required
by subsections (b), (d), and (e).
‘‘(b) READINESS
PROBLEMS
AND
REMEDIAL
ACTIONS.—Each
report shall specifically describe—
‘‘(1) each readiness problem and deficiency identified using
the assessments considered under subsection (c);
‘‘(2) planned remedial actions; and
‘‘(3) the key indicators and other relevant information
related to each identified problem and deficiency.
‘‘(c) CONSIDERATION OF READINESS ASSESSMENTS.—The informa-
tion required under subsection (b) to be included in the report
for a quarter shall be based on readiness assessments that are
provided during that quarter—
‘‘(1) to any council, committee, or other body of the Depart-
ment of Defense—
‘‘(A) that has responsibility for readiness oversight;
and
‘‘(B) whose membership includes at least one civilian
officer in the Office of the Secretary of Defense at the
level of Assistant Secretary of Defense or higher;
‘‘(2) by senior civilian and military officers of the military
departments and the commanders of the unified and specified
commands; and
‘‘(3) as part of any regularly established process of periodic
readiness reviews for the Department of Defense as a whole.
H. R. 1119—46
‘‘(d) COMPREHENSIVE
READINESS
INDICATORS
FOR
ACTIVE
COMPONENTS.—Each report shall also include information regarding
each of the active components of the armed forces (and an evaluation
of such information) with respect to each of the following readiness
indicators:
‘‘(1) PERSONNEL STRENGTH.—
‘‘(A) Personnel status, including the extent to which
members of the armed forces are serving in positions out-
side of their military occupational specialty, serving in
grades other than the grades for which they are qualified,
or both.
‘‘(B) Historical data and projected trends in personnel
strength and status.
‘‘(2) PERSONNEL TURBULENCE.—
‘‘(A) Recruit quality.
‘‘(B) Borrowed manpower.
‘‘(C) Personnel stability.
‘‘(3) OTHER PERSONNEL MATTERS.—
‘‘(A) Personnel morale.
‘‘(B) Recruiting status.
‘‘(4) TRAINING.—
‘‘(A) Training unit readiness and proficiency.
‘‘(B) Operations tempo.
‘‘(C) Training funding.
‘‘(D) Training commitments and deployments.
‘‘(5) LOGISTICS—EQUIPMENT FILL.—
‘‘(A) Deployed equipment.
‘‘(B) Equipment availability.
‘‘(C) Equipment that is not mission capable.
‘‘(D) Age of equipment.
‘‘(E) Condition of nonpacing items.
‘‘(6) LOGISTICS—EQUIPMENT MAINTENANCE.—
‘‘(A) Maintenance backlog.
‘‘(7) LOGISTICS—SUPPLY.—
‘‘(A) Availability of ordnance and spares.
‘‘(B) Status of prepositioned equipment.
‘‘(e) UNIT
READINESS
INDICATORS.—Each report shall also
include information regarding the readiness of each active compo-
nent unit of the armed forces at the battalion, squadron, or an
equivalent level (or a higher level) that received a readiness rating
of C–3 (or below) for any month of the calendar-year quarter covered
by the report. With respect to each such unit, the report shall
separately provide the following information:
‘‘(1) The unit designation and level of organization.
‘‘(2) The overall readiness rating for the unit for the quarter
and each month of the quarter.
‘‘(3) The resource area or areas (personnel, equipment and
supplies on hand, equipment condition, or training) that
adversely affected the unit’s readiness rating for the quarter.
‘‘(4) The reasons why the unit received a readiness rating
of C–3 (or below).
‘‘(f) CLASSIFICATION OF REPORTS.—A report under this section
shall be submitted in unclassified form. To the extent the Secretary
of Defense determines necessary, the report may also be submitted
in classified form.’’.
H. R. 1119—47
(2) The item relating to section 482 in the table of sections
at the beginning of chapter 23 of such title is amended to read
as follows:
‘‘482. Quarterly reports: personnel and unit readiness.’’.
(b) IMPLEMENTATION PLAN TO EXAMINE READINESS INDICA-
TORS.—Not later than January 15, 1998, the Secretary of Defense
shall submit to the congressional defense committees a plan—
(1) specifying the manner in which the Secretary will imple-
ment the additional reporting requirement of subsection (d)
of section 482 of title 10, United States Code, as added by
this section; and
(2) specifying the criteria proposed to be used to evaluate
the readiness indicators identified in such subsection (d).
(c) LIMITATION PENDING RECEIPT OF IMPLEMENTATION PLAN.—
Of the amount available for fiscal year 1998 for operation and
support activities of the Office of the Secretary of Defense, 10
percent may not be obligated until after the date on which the
implementation plan required by subsection (b) is submitted.
(d) TRANSITION TO COMPLETE REPORT.—Until the report under
section 482 of title 10, United States Code, as amended by sub-
section (a), for the third quarter of 1998 is submitted, the Secretary
of Defense may omit the information required by subsection (d)
of such section if the Secretary determines that it is impracticable
to comply with such subsection with regard to the preceding reports.
SEC. 323. SEMIANNUAL REPORTS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
(a) REPORTS REQUIRED.—Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 483. Reports on transfers from high-priority readiness
appropriations
‘‘(a) ANNUAL REPORTS.—Not later than the date on which the
President submits the budget for a fiscal year to Congress pursuant
to section 1105 of title 31, the Secretary of Defense shall submit
to the Committee on Armed Services and the Committee on Appro-
priations of the Senate and the Committee on National Security
and the Committee on Appropriations of the House of Representa-
tives a report on transfers during the preceding fiscal year from
funds available for each covered budget activity.
‘‘(b) MIDYEAR REPORTS.—Not later than June 1 of each fiscal
year, the Secretary of Defense shall submit to the congressional
committees specified in subsection (a) a report on transfers, during
the first six months of that fiscal year, from funds available for
each covered budget activity.
‘‘(c) MATTERS TO BE INCLUDED.—In each report under sub-
section (a) or (b), the Secretary of Defense shall include for each
covered budget activity the following:
‘‘(1) A statement, for the period covered by the report,
of—
‘‘(A) the total amount of transfers into funds available
for that activity;
‘‘(B) the total amount of transfers from funds available
for that activity; and
‘‘(C) the net amount of transfers into, or out of, funds
available for that activity.
H. R. 1119—48
‘‘(2) A detailed explanation of the transfers into, and out
of, funds available for that activity during the period covered
by the report.
‘‘(d) COVERED BUDGET ACTIVITY DEFINED.—In this section, the
term ‘covered budget activity’ means each of the following:
‘‘(1) The budget activity groups (known as ‘subactivities’)
within the Operating Forces budget activity of the annual Oper-
ation and Maintenance, Army, appropriation that are des-
ignated as follows:
‘‘(A) All subactivities under the category of Land
Forces.
‘‘(B) Land Forces Depot Maintenance.
‘‘(C) Base Support.
‘‘(D) Maintenance of Real Property.
‘‘(2) The Air Operations budget activity groups (known
as ‘subactivities’) within the Operating Forces budget activity
of the annual Operation and Maintenance, Navy, appropriation
that are designated as follows:
‘‘(A) Mission and Other Flight Operations.
‘‘(B) Fleet Air Training.
‘‘(C) Aircraft Depot Maintenance.
‘‘(D) Base Support.
‘‘(E) Maintenance of Real Property.
‘‘(3) The Ship Operations budget activity groups (known
as ‘subactivities’) within the Operating Forces budget activity
of the annual Operation and Maintenance, Navy, appropriation
that are designated as follows:
‘‘(A) Mission and Other Ship Operations.
‘‘(B) Ship Operational Support and Training.
‘‘(C) Ship Depot Maintenance.
‘‘(D) Base Support.
‘‘(E) Maintenance of Real Property.
‘‘(4) The Expeditionary Forces budget activity groups
(known as ‘subactivities’) within the Operating Forces budget
activity of the annual Operation and Maintenance, Marine
Corps, appropriation that are designated as follows:
‘‘(A) Operational Forces.
‘‘(B) Depot Maintenance.
‘‘(C) Base Support.
‘‘(D) Maintenance of Real Property.
‘‘(5) The Air Operations and Combat Related Operations
budget activity groups (known as ‘subactivities’) within the
Operating Forces budget activity of the annual Operation and
Maintenance, Air Force, appropriation that are designated as
follows:
‘‘(A) Primary Combat Forces.
‘‘(B) Primary Combat Weapons.
‘‘(C) Air Operations Training.
‘‘(D) Depot Maintenance.
‘‘(E) Base Support.
‘‘(F) Maintenance of Real Property.
‘‘(6) The Mobility Operations budget activity group (known
as a ‘subactivity’) within the Mobilization budget activity of
the annual Operation and Maintenance, Air Force, appropria-
tion that is designated as Airlift Operations.
H. R. 1119—49
‘‘(e) TERMINATION.—The requirements specified in subsections
(a) and (b) shall terminate upon the submission of the annual
report under subsection (a) covering fiscal year 2000.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘483. Reports on transfers from high-priority readiness appropriations.’’.
SEC. 324. ANNUAL REPORT ON AIRCRAFT INVENTORY.
(a) ANNUAL REPORT REQUIRED.—(1) Chapter 23 of title 10,
United States Code, is amended by inserting after section 483,
as added by section 323, the following new section:
‘‘§ 484. Annual report on aircraft inventory
‘‘(a) ANNUAL
REPORT.—The Under Secretary of Defense
(Comptroller) shall submit to Congress each year a report on the
aircraft in the inventory of the Department of Defense. The Under
Secretary shall submit the report when the President submits the
budget to Congress under section 1105(a) of title 31.
‘‘(b) CONTENT.—The report shall set forth, in accordance with
subsection (c), the following information:
‘‘(1) The total number of aircraft in the inventory.
‘‘(2) The total number of the aircraft in the inventory that
are active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated
test aircraft, and other aircraft):
‘‘(A) Primary aircraft.
‘‘(B) Backup aircraft.
‘‘(C) Attrition and reconstitution reserve aircraft.
‘‘(3) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
‘‘(A) Bailment aircraft.
‘‘(B) Drone aircraft.
‘‘(C) Aircraft for sale or other transfer to foreign govern-
ments.
‘‘(D) Leased or loaned aircraft.
‘‘(E) Aircraft for maintenance training.
‘‘(F) Aircraft for reclamation.
‘‘(G) Aircraft in storage.
‘‘(4) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
‘‘(c) DISPLAY OF INFORMATION.—The report shall specify the
information required by subsection (b) separately for the active
component of each armed force and for each reserve component
of each armed force and, within the information set forth for each
such component, shall specify the information separately for each
type, model, and series of aircraft provided for in the future-years
defense program submitted to Congress.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 483,
as added by section 323, the following new item:
‘‘484. Report on aircraft inventory.’’.
(b) SPECIAL SUBMISSION DATE FOR FIRST REPORT.—The Under
Secretary of Defense (Comptroller) shall submit the first report
required under section 484 of title 10, United States Code (as
added by subsection (a)), not later than January 30, 1998.
H. R. 1119—50
(c) MODIFICATION OF BUDGET DATA EXHIBITS.—The Under Sec-
retary of Defense (Comptroller) shall ensure that aircraft budget
data exhibits of the Department of Defense that are submitted
to Congress display total numbers of active aircraft where numbers
of primary aircraft or primary authorized aircraft are displayed
in those exhibits.
SEC. 325. ADMINISTRATIVE ACTIONS ADVERSELY AFFECTING MILI-
TARY TRAINING OR OTHER READINESS ACTIVITIES.
(a) CONGRESSIONAL NOTIFICATION.—Chapter 101 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2014. Administrative actions adversely affecting military
training or other readiness activities
‘‘(a) CONGRESSIONAL NOTIFICATION.—Whenever an official of
an Executive agency takes or proposes to take an administrative
action that, as determined by the Secretary of Defense in consulta-
tion 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 significant
adverse effect to the head of the Executive agency taking or propos-
ing to take the administrative action. At the same time, the Sec-
retary shall transmit a copy of the notification to the President,
the Committee on Armed Services of the Senate, and the Committee
on National Security of the House of Representatives.
‘‘(b) NOTIFICATION TO BE PROMPT.—(1) Subject to paragraph
(2), the Secretary shall submit a written notification of an adminis-
trative action or proposed administrative action required by sub-
section (a) as soon as possible after the Secretary becomes aware
of the action or proposed action.
‘‘(2) The Secretary shall prescribe policies and procedures to
ensure that the Secretary receives information on an administrative
action or proposed administrative action described in subsection
(a) promptly after Department of Defense personnel receive notice
of such an action or proposed action.
‘‘(c) CONSULTATION BETWEEN SECRETARY AND HEAD OF EXECU-
TIVE AGENCY.—Upon notification with respect to an administrative
action or proposed administrative action under subsection (a), the
head of the Executive agency concerned 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 proposed administrative action is being
taken, seek to reach an agreement with the Secretary on imme-
diate actions to attain the objective of the administrative action
or proposed administrative action in a manner which eliminates
or mitigates the adverse effects of the administrative action
or proposed administrative action upon the training or readi-
ness activity.
‘‘(d) MORATORIUM.—(1) Subject to paragraph (2), upon notifica-
tion with respect to an administrative action or proposed adminis-
trative 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—
H. R. 1119—51
‘‘(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 administra-
tive action or proposed administrative action if the head of the
Executive agency concerned determines that the delay in enforce-
ment 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) If 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 President who shall take final action on the
matter.
‘‘(2) Not later than 30 days after the date on which the Presi-
dent takes final action on a matter under paragraph (1), the Presi-
dent shall submit to the committees referred 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 responsibility under
this section.
‘‘(g) DEFINITION.—In this section, the term ‘Executive agency’
has the meaning given such term in section 105 of title 5, except
that the term does not include the General Accounting Office.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2014. Administrative actions adversely affecting military training or other readi-
ness activities.’’.
SEC. 326. COMMON MEASUREMENT OF OPERATIONS TEMPO AND
PERSONNEL TEMPO.
(a) MEANS FOR MEASUREMENT.—The Chairman of the Joint
Chiefs of Staff shall, to the maximum extent practicable, develop
(1) a common means of measuring the operations tempo
(OPTEMPO) of each of the Armed Forces, and (2) a common means
of measuring the personnel tempo (PERSTEMPO) of each of the
Armed Forces. The Chairman shall consult with the other members
of the Joint Chiefs of Staff in developing those common means
of measurement.
(b) PERSTEMPO MEASUREMENT.—The measurement of person-
nel tempo developed by the Chairman shall include a means of
identifying the rate of deployment for individual members of the
Armed Forces in addition to the rate of deployment for units.
SEC. 327. INCLUSION OF AIR FORCE DEPOT MAINTENANCE AS OPER-
ATION AND MAINTENANCE BUDGET LINE ITEMS.
For fiscal year 1999 and each fiscal year thereafter, Air Force
depot-level maintenance of materiel shall be displayed as one or
more separate line items under each subactivity within the
authorization request for operation and maintenance, Air Force,
in the proposed budget for that fiscal year submitted to Congress
pursuant to section 1105 of title 31, United States Code.
H. R. 1119—52
SEC. 328. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS
SYSTEM.
(a) PROHIBITION.—The Secretary of a military department may
not implement, or be required to implement, a new readiness system
for units of the Armed Forces (as outlined in sections 329 and
330), under which a military unit would be categorized into one
of several categories (known as ‘‘tiers’’) according to the likelihood
that the unit will be required to respond to a military conflict
and the time in which the unit will be required to respond, if
that system would have the effect of changing the methods used
as of October 1, 1996, by the Armed Forces under the jurisdiction
of that Secretary for determining the priorities for allocating to
such military units funding, personnel, equipment, equipment
maintenance, and training resources, and the associated levels of
readiness of those units that result from those priorities.
(b) REPORT TO CONGRESS REQUESTING WAIVER.—If the Sec-
retary of Defense determines, following the review required by
sections 329 and 330 (or any similar review), that implementation
for one or more of the Armed Forces of a tiered readiness system
that is prohibited by subsection (a) would be in the national security
interests of the United States, the Secretary shall submit to Con-
gress a report setting forth that determination, together with the
rationale for that determination, and a request for the enactment
of legislation to allow implementation of such a system.
(c) RULE
OF CONSTRUCTION.—Nothing in subsection (a) is
intended to preclude the Secretary of Defense from taking necessary
actions to maintain the combat preparedness of the active and
reserve components of the Armed Forces.
SEC. 329. REPORT ON MILITARY READINESS REQUIREMENTS OF THE
ARMED FORCES.
(a) REQUIREMENT FOR REPORT.—Not later than January 31,
1998, the Chairman of the Joint Chiefs of Staff shall submit to
the congressional defense committees a report on the military readi-
ness requirements of the active and reserve components of the
Armed Forces (including combat units, combat support units, and
combat service support units). The report shall assess such require-
ments under a tiered readiness and response system that cat-
egorizes a given unit according to the likelihood that it will be
required to respond to a military conflict and the time within
which it will be required to respond.
(b) PREPARATION BY JCS AND COMMANDERS OF UNIFIED COM-
MANDS.—The report required by subsection (a) shall be prepared
jointly by the Chairman of the Joint Chiefs of Staff, the Chief
of Staff of the Army, the Chief of Naval Operations, the Chief
of Staff of the Air Force, the Commandant of the Marine Corps,
the commander of the Special Operations Command, and the
commanders of the other unified commands.
(c) ASSESSMENT SCENARIO.—The report shall assess readiness
requirements in a scenario that is based on the following assump-
tions:
(1) That the Armed Forces of the United States must
be capable of—
(A) fighting and winning, in concert with allies, two
major theater wars nearly simultaneously; and
(B) deterring or defeating a strategic attack on the
United States.
H. R. 1119—53
(2) That the forces available for deployment are the forces
included in the force structure recommended in the Quadrennial
Defense Review, including all other planned force enhance-
ments.
(d) ASSESSMENT ELEMENTS.—(1) The report shall identify, by
unit type, all major units of the active and reserve components
of the Armed Forces and assess the readiness requirements of
the units. Each identified unit shall be categorized within one
of the following classifications:
(A) Forward-deployed and crisis response forces, or ‘‘Tier
I’’ forces, that possess limited internal sustainment capability
and do not require immediate access to regional air bases
or ports or overflight rights, including the following:
(i) Force units that are deployed in rotation at sea
or on land outside the United States.
(ii) Combat-ready crises response forces that are
capable of mobilizing and deploying within 10 days after
receipt of orders.
(iii) Forces that are supported by prepositioning equip-
ment afloat or are capable of being inserted into a theater
upon the capture of a port or airfield by forcible entry
forces.
(B) Combat-ready follow-on forces, or ‘‘Tier II’’ forces, that
can be mobilized and deployed to a theater within approxi-
mately 60 days after receipt of orders.
(C) Combat-ready conflict resolution forces, or ‘‘Tier III’’
forces, that can be mobilized and deployed to a theater within
approximately 180 days after receipt of orders.
(D) All other active and reserve component force units
which are not categorized within a classification described in
subparagraph (A), (B), or (C).
(2) For the purposes of paragraph (1), the following units are
major units:
(A) In the case of the Army or Marine Corps, a brigade
and a battalion.
(B) In the case of the Navy, a squadron of aircraft, a
ship, and a squadron of ships.
(C) In the case of the Air Force, a squadron of aircraft.
(e) PROJECTION OF SAVINGS FOR USE FOR MODERNIZATION.—
The report shall include a projection for fiscal years 1998 through
2003 of the amounts of the savings in operation and maintenance
funding that—
(1) could be derived by each of the Armed Forces by placing
as many units as is practicable into the lower readiness cat-
egories among the tiers; and
(2) could be made available for force modernization.
(f) FORM OF REPORT.—The report under this section shall be
submitted in unclassified form, but may contain a classified annex.
(g) PLANNED FORCE ENHANCEMENT DEFINED.—In this section,
the term ‘‘planned force enhancement’’, with respect to the force
structure recommended in the Quadrennial Defense Review, means
any future improvement in the capability of the force (including
current strategic and future improvement in strategic lift capability)
that is assumed in the development of the recommendation for
the force structure set forth in the Quadrennial Defense Review.
H. R. 1119—54
SEC. 330. ASSESSMENT OF CYCLICAL READINESS POSTURE OF THE
ARMED FORCES.
(a) REQUIREMENT.—(1) Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the readiness posture of the Armed Forces
described in subsection (b).
(2) The Secretary shall prepare the report required under para-
graph (1) with the assistance of the Joint Chiefs of Staff. In provid-
ing such assistance, the Chairman of the Joint Chiefs of Staff
shall consult with the Chief of the National Guard Bureau.
(b) READINESS POSTURE.—(1) The readiness posture to be cov-
ered by the report under subsection (a) is a readiness posture
for units of the Armed Forces, or for designated units of the Armed
Forces, that provides for a rotation of such units between a state
of high readiness and a state of low readiness.
(2) As part of the evaluation of the readiness posture described
in paragraph (1), the report shall address in particular a readiness
posture that—
(A) establishes within the Armed Forces two equivalent
forces each structured so as to be capable of fighting and
winning a major theater war; and
(B) provides for an alternating rotation of such forces
between a state of high readiness and a state of low readiness.
(3) The evaluation of the readiness posture described in para-
graph (2) shall be based upon assumptions permitting comparison
with the existing force structure as follows:
(A) That there are assembled from among the units of
the Armed Forces two equivalent forces each structured so
as to be capable of fighting and winning a major theater war.
(B) That each force referred to in subparagraph (A)
includes—
(i) four active Army divisions, including one mecha-
nized division, one armored division, one light infantry
division, and one division combining airborne units and
air assault units, and appropriate support and service sup-
port units for such divisions;
(ii) six divisions (or division equivalents) of the Army
National Guard or the Army Reserve that are essentially
equivalent in structure, and appropriate support and serv-
ice support units for such divisions;
(iii) six aircraft carrier battle groups;
(iv) six active Air Force fighter wings (or fighter wing
equivalents);
(v) four Air Force reserve fighter wings (or fighter
wing equivalents); and
(vi) one active Marine Corps expeditionary force.
(C) That each force may be supplemented by critical units
or units in short supply, including heavy bomber units, strategic
lift units, and aerial reconnaissance units, that are not subject
to the readiness rotation otherwise assumed for purposes of
the evaluation or are subject to the rotation on a modified
basis.
(D) That units of the Armed Forces not assigned to a
force are available for operations other than those essential
to fight and win a major theater war, including peace oper-
ations.
H. R. 1119—55
(E) That the state of readiness of each force alternates
between a state of high readiness and a state of low readiness
on a frequency determined by the Secretary (but not more
often than once every six months) and with only one force
at a given state of readiness at any one time.
(F) That, during the period of state of high readiness of
a force, any operations or activities (including leave and edu-
cation and training of personnel) that detract from the near-
term wartime readiness of the force are temporary and their
effects on such state of readiness minimized.
(G) That units are assigned overseas during the period
of state of high readiness of the force to which the units
are assigned primarily on a temporary duty basis.
(H) That, during the period of high readiness of a force,
the operational war plans for the force incorporate the divisions
(or division equivalents) of the Army Reserve or Army National
Guard assigned to the force in a manner such that one such
division (or division equivalent) is, on a rotating basis for such
divisions (or division equivalents) during the period, maintained
in a high state of readiness and dedicated as the first reserve
combat division to be transferred overseas in the event of
a major theater war.
(c) REPORT ELEMENTS.—The report under this section shall
include the following elements for the readiness posture described
in subsection (b)(2):
(1) An estimate of the range of cost savings achievable
over the long term as a result of implementing the readiness
posture, including—
(A) the savings achievable from reduced training levels
and readiness levels during periods in which a force
referred to in subsection (b)(3)(A) is in a state of low
readiness; and
(B) the savings achievable from reductions in costs
of infrastructure overseas as a result of reduced permanent
change of station rotations.
(2) An assessment of the potential risks associated with
a lower readiness status for units assigned to a force in a
state of low readiness under the readiness posture, including
the risks associated with the delayed availability of such units
overseas in the event of two nearly simultaneous major theater
wars.
(3) An assessment of the potential risks associated with
requiring the forces under the readiness posture to fight a
major war in any theater worldwide.
(4) An assessment of the modifications of the current force
structure of the Armed Forces that are necessary to achieve
the range of cost savings estimated under paragraph (1), includ-
ing the extent of the diminishment, if any, of the military
capabilities of the Armed Forces as a result of the modifications.
(5) An assessment whether or not the risks of diminished
military capability associated with implementation of the readi-
ness posture exceed the risks of diminished military capability
associated with the modifications of the current force structure
necessary to achieve cost savings equivalent to the best case
for cost savings resulting from the implementation of the readi-
ness posture.
H. R. 1119—56
(d) FORM OF REPORT.—The report under this section shall be
submitted in unclassified form, but may contain a classified annex.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘state of high readiness’’, in the case of a
military force, means the capability to mobilize first-to-arrive
units of the force within 18 hours and last-to-arrive units
within 120 days of a particular event.
(2) The term ‘‘state of low readiness’’, in the case of a
military force, means the capability to mobilize first-to-arrive
units within 90 days and last-to-arrive units within 180 days
of a particular event.
SEC. 331. REPORT ON MILITARY EXERCISES CONDUCTED UNDER
CERTAIN TRAINING EXERCISES PROGRAMS.
(a) REPORT.—Not later than February 16, 1998, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives a report on the military exercises conducted
by the Department of Defense during fiscal years 1995, 1996, and
1997 and the military exercises planned to be conducted during
fiscal years 1998, 1999, and 2000, under the following training
exercises programs:
(1) The program known as the ‘‘CJCS Exercise Program’’.
(2) The program known as the ‘‘Partnership for Peace
program’’.
(3) The Cooperative Threat Reduction programs.
(b) INFORMATION ON EXERCISES CONDUCTED OR TO BE CON-
DUCTED.—The report under subsection (a) shall include the follow-
ing information for each exercise included in the report, which
shall be set forth by fiscal year and shown within the fiscal year
by the sponsoring command:
(1) Name of the exercise.
(2) Type, description, duration, and objectives of the
exercise.
(3) Participating units, including the number of personnel
participating in each unit.
(4) For each participating unit, the percentage of the tasks
on that unit’s specification of tasks (known as a mission essen-
tial task list) or a comparable specification (in the case of
any of the Armed Forces not maintaining a mission essential
task list designation) that were performed or are scheduled
to be performed as part of the exercise.
(5) The cost of the exercise paid or to be paid out of
funds available to the Chairman of the Joint Chiefs of Staff
and the cost to each of the Armed Forces participating in
the exercise, with a description of the categories of activities
for which those costs are incurred in each such case.
(6) In the case of each planned exercise, the priority of
the exercise in relation to all other exercises planned by the
sponsoring command to be conducted during that fiscal year.
(7) In the case of an exercise conducted or to be conducted
in a foreign country or with military personnel of a foreign
country, the military forces of the foreign country that partici-
pated or will participate in the exercise.
(c) ASSESSMENT.—The report under subsection (a) shall
include—
H. R. 1119—57
(1) an assessment of the ability of each of the Armed
Forces to meet requirements of the training exercises programs
specified in subsection (a);
(2) an assessment of the training value of each exercise
covered in the report to each unit of the Armed Forces partici-
pating in the exercise, including for each such unit an assess-
ment of the value of the percentage under subsection (b)(4)
as an indicator of the training value of the exercise for that
unit;
(3) options to minimize the negative effects on operational
and personnel tempo resulting from the training exercises pro-
grams; and
(4) in the case of exercises to be conducted in a foreign
country or with military personnel of a foreign country—
(A) an assessment of the training value of each exercise
covered in the report to the foreign countries involved
and the extent to which the exercise enhances the readiness
capabilities of all military forces involved in the exercise
(both United States and foreign); and
(B) an assessment of the benefits to be derived through
enhanced military-to-military relationships between the
United States and foreign countries.
(d) FUNDING LIMITATION PENDING RECEIPT OF REPORT.—Of the
funds available for fiscal year 1998 for the conduct of the CJCS
Exercise Program, not more than 90 percent may be expended
before the date on which the report required under subsection
(a) is submitted.
SEC. 332. REPORT ON OVERSEAS DEPLOYMENTS.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the deployments overseas of members of
the Armed Forces (other than the Coast Guard). The report shall
describe the deployments as of June 30, 1996, and as of June
30, 1997.
(b) ELEMENTS.—The report shall include the following, shown
as of each date specified in subsection (a) and shown for the Armed
Forces in the aggregate and separately for each of the Armed
Forces:
(1) The number of military personnel deployed overseas
pursuant to a permanent duty assignment, shown in the aggre-
gate and by country or ocean to which deployed.
(2) The number of military personnel deployed overseas
pursuant to a temporary duty assignment, including—
(A) the number engaged in training with units of a
single military department;
(B) the number engaged in United States military joint
exercises; and
(C) the number engaged in training with allied units.
(3) The number of military personnel deployed overseas
who were engaged in contingency operations (including peace-
keeping or humanitarian assistance missions) or other activities
(other than those personnel covered by paragraphs (1) and
(2)).
H. R. 1119—58
Subtitle C—Environmental Provisions
SEC. 341. REVISION OF MEMBERSHIP TERMS FOR STRATEGIC
ENVIRONMENTAL 
RESEARCH 
AND 
DEVELOPMENT
PROGRAM SCIENTIFIC ADVISORY BOARD.
Section 2904(b)(4) of title 10, United States Code, is amended
by striking out ‘‘three’’ and inserting in lieu thereof ‘‘not less than
two and not more than four’’.
SEC. 342. AMENDMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS
WITH OTHER AGENCIES IN SUPPORT OF ENVIRON-
MENTAL TECHNOLOGY CERTIFICATION.
(a) AUTHORITY TO ENTER INTO AGREEMENTS WITH INDIAN
TRIBES.—Section 327 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2483; 10
U.S.C. 2702 note) is amended—
(1) in subsection (a), by inserting ‘‘, or with an Indian
tribe,’’ after ‘‘with an agency of a State or local government’’;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new sub-
section:
‘‘(e) DEFINITION.—In this section, the term ‘Indian tribe’ has
the meaning given that term by section 101(36) of the Comprehen-
sive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601(36)).’’.
(b) ELIMINATION OF CERTAIN LIMITATION ON AUTHORITY.—Sub-
section (b)(1) of such section is amended by striking out ‘‘in carrying
out its environmental restoration activities’’.
(c) ADDITIONAL REPORT INFORMATION.—Subsection (d) of such
section is amended by adding at the end the following:
‘‘(5) A statement of the funding that will be required to
meet commitments made to State and local governments and
Indian tribes under such agreements entered into during the
fiscal year preceding the fiscal year in which the report is
submitted.
‘‘(6) A description of any cost-sharing arrangement under
any such agreements.’’.
(d) GUIDELINES FOR REIMBURSEMENT AND COST-SHARING.—Not
later than 90 days after the date of enactment 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 governments, and for cost-sharing between the
Department of Defense, such governments, and vendors, under
cooperative agreements entered into under such section 327.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect 30 days after the date on which the report required
by subsection (d) is submitted to Congress.
SEC. 343. MODIFICATIONS OF AUTHORITY TO STORE AND DISPOSE
OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS.
(a) STORAGE OF MATERIALS OWNED BY MEMBERS AND DEPEND-
ENTS.—Subsection (a)(1) of section 2692 of title 10, United States
Code, is amended by striking out ‘‘by the Department of Defense.’’
and inserting in lieu thereof the following: ‘‘either by the Depart-
ment of Defense or by a member of the armed forces (or a dependent
of the member) assigned to or provided military housing on the
installation.’’.
H. R. 1119—59
(b) ADDITIONAL AUTHORITY.—Subsection (b) of such section is
amended—
(1) by redesignating paragraphs (1) through (9) as para-
graphs (2) through (10), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph (1):
‘‘(1) the storage, treatment, or disposal of 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 on an installation of the Department for the
benefit of the Department;’’.
(c) STORAGE
AND DISPOSAL
OF EXPLOSIVES TO ASSIST LAW
ENFORCEMENT
AGENCIES.—Subsection (b) of such section is
amended in paragraph (3) (as redesignated by subsection (b))—
(1) by striking out ‘‘Federal law enforcement’’ and inserting
in lieu thereof ‘‘Federal, State, or local law enforcement’’; and
(2) by striking out ‘‘Federal agency’’ and inserting in lieu
thereof ‘‘Federal, State, or local agency’’.
(d) STORAGE OF MATERIAL IN CONNECTION WITH AUTHORIZED
AND COMPATIBLE USE OF A DEFENSE FACILITY.—Subsection (b) of
such section is amended in paragraph (9) (as redesignated by sub-
section (b))—
(1) by striking out ‘‘by a private person in connection with
the authorized and compatible use by that person of an indus-
trial-type’’ and inserting in lieu thereof ‘‘in connection with
the authorized and compatible use of a’’; and
(2) by striking out ‘‘; and’’ at the end and inserting in
lieu thereof the following: ‘‘, including the use of such a facility
for testing materiel or training personnel;’’.
(e) TREATMENT AND DISPOSAL OF MATERIAL IN CONNECTION
WITH AUTHORIZED AND COMPATIBLE USE OF A DEFENSE FACILITY.—
Subsection (b) of such section is amended in paragraph (10) (as
redesignated by subsection (b))—
(1) by striking out ‘‘by a private person in connection with
the authorized and compatible commercial use by that person
of an industrial-type’’ and inserting in lieu thereof ‘‘in connec-
tion with the authorized and compatible use of a’’;
(2) by striking out ‘‘with that person’’ and inserting in
lieu thereof ‘‘or agreement with the prospective user’’;
(3) by striking out ‘‘for that person’s’’ in subparagraph
(B) and inserting in lieu thereof ‘‘for the prospective user’s’’;
and
(4) by striking out the period at the end and inserting
in lieu thereof ‘‘; and’’.
(f) STORAGE OF MATERIAL IN CONNECTION WITH SPACE LAUNCH
FACILITIES.—Subsection (b) of such section is further amended by
adding at the end the following new paragraph:
‘‘(11) the storage of any material that is not owned by
the Department of Defense if the Secretary of the military
department concerned determines that the material is required
or generated in connection with the use of a space launch
facility located on an installation of the Department of Defense
or on other land controlled by the United States.’’.
(g) TECHNICAL AMENDMENTS.—(1) Subsection (a)(1) of such sec-
tion is further amended by striking out ‘‘storage’’ and inserting
in lieu thereof ‘‘storage, treatment,’’.
(2) The heading for such section is amended to read as follows:
H. R. 1119—60
‘‘§ 2692. Storage, treatment, and disposal of nondefense toxic
and hazardous materials’’.
(3) The item relating to such section in the table of sections
at the beginning of chapter 159 of such title is amended to read
as follows:
‘‘2692. Storage, treatment, and disposal of nondefense toxic and hazardous mate-
rials.’’.
(h) SAVINGS CLAUSE.—Nothing in the amendments made by
this section is intended to modify environmental laws or laws relat-
ing to the siting of facilities.
SEC. 344. ANNUAL REPORT ON PAYMENTS AND ACTIVITIES IN
RESPONSE TO FINES AND PENALTIES ASSESSED 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 environmental law during the fiscal year preced-
ing the fiscal year in which the report is submitted, setting
forth each Federal environmental statute under which a fine
or penalty was imposed or assessed during the fiscal year,
and, with respect to each such statute—
‘‘(i) the aggregate amount of fines and penalties
imposed or assessed during the fiscal year;
‘‘(ii) the aggregate amount of fines and penalties paid
during the fiscal year;
‘‘(iii) the total amount required for environmental
projects to be carried out by the Department of Defense
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—
‘‘(I) $100,000 or less; and
‘‘(II) more than $100,000.’’.
(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. 345. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE OVERSEAS.
Section 2706 of title 10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) REPORT
ON ENVIRONMENTAL ACTIVITIES OVERSEAS.—(1)
The Secretary of Defense shall submit to Congress 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 environ-
mental activities of the Department of Defense overseas.
‘‘(2) Each such report shall include a statement of the funding
levels during such fiscal year for each of the following categories:
‘‘(A) Compliance by the Department of Defense with
requirements under a treaty, law, contract, or other agreement
for environmental restoration or compliance activities.
H. R. 1119—61
‘‘(B) Performance by the Department of Defense of other
environmental restoration and compliance activities overseas.
‘‘(C) Performance by the Department of Defense of any
other overseas activities related to the environment, including
conferences, meetings, and studies for pilot programs, and
travel related to such activities.’’.
SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF
THE PRESENCE OF THE ARMED FORCES IN BERMUDA.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Defense shall submit to the congressional
defense committees a report on any remaining environmental effects
of the presence of the Armed Forces of the United States in Ber-
muda.
SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES
ARMED 
FORCES 
ABROAD 
FOR 
ENVIRONMENTAL
PRESERVATION ACTIVITIES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
members of the Army, Navy, Air Force, and Marine Corps should
not be deployed outside the United States to provide assistance
to another nation in connection with environmental preservation
activities in that nation, unless the Secretary of Defense determines
that such activities are necessary for national security purposes.
(b) SCOPE OF SECTION.—For purposes of this section, environ-
mental preservation activities do not include any of the following:
(1) Activities undertaken for humanitarian purposes, disas-
ter relief activities, peacekeeping activities, or operational train-
ing activities.
(2) Environmental compliance and restoration activities
associated with military installations and deployments outside
the United States.
SEC. 348. RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL
RESTORATION AT DEPARTMENT OF DEFENSE SITES.
(a) REGULATIONS.—Not later than March 1, 1998, the Secretary
of Defense shall prescribe regulations containing the guidelines
and requirements described in subsections (b) and (c).
(b) GUIDELINES.—(1) The regulations prescribed under sub-
section (a) shall contain uniform guidelines for the military depart-
ments and defense agencies concerning the cost-recovery and cost-
sharing activities of those departments and agencies.
(2) The Secretary shall take appropriate actions to ensure the
implementation of the guidelines.
(c) REQUIREMENTS.—The regulations prescribed under sub-
section (a) shall contain requirements for the Secretaries of the
military departments and the heads of defense agencies to—
(1) obtain all data that is relevant for purposes of cost-
recovery and cost-sharing activities; and
(2) identify any negligence or other misconduct that may
preclude indemnification or reimbursement by the Department
of Defense for the costs of environmental restoration at a
Department site or justify the recovery or sharing of costs
associated with such restoration.
(d) DEFINITION.—In this section, the term ‘‘cost-recovery and
cost-sharing activities’’ means activities concerning—
H. R. 1119—62
(1) the recovery of the costs of environmental restoration
at Department of Defense sites from contractors of the Depart-
ment 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. 349. PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRON-
MENTAL TECHNOLOGIES.
(a) AUTHORITY.—Subject to subsection (b), the Secretary of
Defense may enter into a partnership with one or more private
entities to demonstrate and validate innovative environmental tech-
nologies.
(b) LIMITATIONS.—The Secretary of Defense may enter into
a partnership with respect to an environmental technology under
subsection (a) only if—
(1) any private entities participating in the partnership
are selected through the use of competitive procedures;
(2) the partnership provides for parties other than the
Department of Defense to provide at least 50 percent of the
funding required (not including in-kind contributions or
preexisting investments); and
(3) the Secretary determines that—
(A) the technology has clear potential to be of signifi-
cant value to the Department of Defense in its environ-
mental remediation activities at a substantial number of
Department of Defense sites; and
(B) the technology would not be developed without
the commitment of Department of Defense funds.
(c) EVALUATION GUIDELINES.—Before entering into a partner-
ship with respect to an environmental technology under subsection
(a), the Secretary of Defense shall give consideration to the
following:
(1) The potential for the technology to be used by the
Department of Defense for environmental remediation.
(2) The technical feasibility and maturity of the technology.
(3) The adequacy of financial and management plans to
demonstrate and validate the technology.
(4) The costs and benefits to the Department of Defense
of developing and using the technology.
(5) The potential for commercialization of the technology.
(6) The proposed arrangements for sharing the costs of
the partnership through the use of resources outside the
Department of Defense.
(d) FUNDING.—Under a partnership entered into under sub-
section (a), the Secretary of Defense may provide funds to the
partner or partners from appropriations available to the Depart-
ment of Defense for environmental activities, for a period of up
to five years.
(e) REPORT.—In the annual report required under section
2706(a) of title 10, United States Code, the Secretary of Defense
shall include the following information with respect to partnerships
entered into under this section:
(1) The number of such partnerships.
(2) A description of the nature of the technology involved
in each such partnership.
(3) A list of all partners in such partnerships.
H. R. 1119—63
(f) COORDINATION.—The Secretary of Defense shall ensure that
the Department of Defense coordinates with the Administrator of
the Environmental Protection Agency in any verification sponsored
by the Department of technologies demonstrated and validated
by a partnership entered into under this section.
(g) PROCEDURES.—The Secretary of Defense shall develop
appropriate procedures to ensure that all Department of Defense
funds committed to a partnership entered into under this section
are expended for the purpose authorized in the partnership agree-
ment. The Secretary may not enter into a partnership under this
section until 30 days after the date on which a copy of such
procedures is provided to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives.
(h) TERMINATION OF AUTHORITY.—The authority to enter into
agreements under subsection (a) shall terminate three years after
the date of the enactment of this Act.
SEC. 350. PROCUREMENT OF RECYCLED COPIER PAPER.
(a) PROCUREMENT REQUIREMENTS.—Chapter 140 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2378. Procurement of copier paper containing specified
percentages of post-consumer recycled content
‘‘(a) PROCUREMENT REQUIREMENT.—(1) Except as provided in
subsections (b) and (c), a department or agency of the Department
of Defense may not procure copying machine paper after the
applicable date specified in paragraph (2) unless the percentage
of post-consumer recycled content of the paper meets the percentage
then in effect under such paragraph.
‘‘(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 of the Department
of Defense is not required to procure copying machine paper contain-
ing a percentage of post-consumer recycled content that meets the
applicable requirement in subsection (a) if the Secretary concerned
determines that one or more of the following circumstances apply
with respect to that procurement:
‘‘(1) The cost of procuring copying machine paper satisfying
the applicable requirement significantly exceeds the cost of
procuring copying machine paper containing a percentage of
post-consumer recycled content that does not meet such require-
ment. The Secretary concerned shall establish the cost differen-
tial to be applied under this paragraph.
‘‘(2) Copying machine paper containing a percentage of
post-consumer recycled content meeting such requirement is
not reasonably available within a reasonable period of time.
‘‘(3) Copying machine paper containing a percentage of
post-consumer recycled content meeting such requirement does
not meet performance standards of the department or agency
for copying machine paper.
‘‘(c) EFFECT OF INABILITY TO MEET GOAL IN 2004.—(1) In the
case of the requirement that will take effect on January 1, 2004,
H. R. 1119—64
pursuant to subsection (a)(2)(C), the requirement shall not take
effect with respect to a military department or Defense Agency
if the Secretary of Defense determines that the department or
agency will be unable to meet such requirement by that date.
‘‘(2) The Secretary shall submit to Congress written notice
of any determination made under paragraph (1) and the reasons
for the determination. The Secretary shall submit such notice, if
at all, not later than January 1, 2003.
‘‘(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘Secretary concerned’ means the Secretary of each military depart-
ment and the Secretary of Defense with respect to the Defense
Agencies.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2378. Procurement of copier paper containing specified percentages of post-
consumer recycled content.’’.
SEC. 351. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMIS-
SION REDUCTION INCENTIVES.
(a) AUTHORITY.—(1) The Secretary of Defense may, in consulta-
tion with the Administrator of General Services, carry out a pilot
program to assess the feasibility and advisability of the sale of
economic incentives for the reduction of emission of air pollutants
attributable to a facility of a military department.
(2) The Secretary may carry out the pilot program during
the period beginning on the date of the enactment of this Act
and ending two years after such date.
(b) INCENTIVES AVAILABLE FOR SALE.—(1) Under the pilot pro-
gram, 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 incentives are not otherwise required for
the activities or operations of the military department.
(2) The Secretary may not, under the pilot program, sell eco-
nomic incentives attributable to the closure or realignment 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 available 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 pollutants. The amount credited shall
be equal to the cost incurred in identifying, quantifying, or valuing
the economic incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a balance
remains, the amount of such balance shall be available to the
Department of Defense for allocation by the Secretary to the mili-
tary departments for programs, projects, and activities necessary
for compliance with Federal environmental laws, including the pur-
chase 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
H. R. 1119—65
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.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘base closure law’’ means the following:
(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 Realignment 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 reduction of emis-
sion of air pollutants’’ means any transferable economic incen-
tives (including marketable permits and emission rights) nec-
essary or appropriate to meet air quality requirements under
the Clean Air Act (42 U.S.C. 7401 et seq.).
Subtitle D—Depot-Level Activities
SEC. 355. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) DEPOT-LEVEL MAINTENANCE AND REPAIR DEFINED.—Chap-
ter 146 of title 10, United States Code, is amended by inserting
before section 2461 the following new section:
‘‘§ 2460. Definition of depot-level maintenance and repair
‘‘(a) IN GENERAL.—In this chapter, the term ‘depot-level mainte-
nance and repair’ means (except as provided in subsection (b))
material maintenance or repair requiring the overhaul, upgrading,
or rebuilding of parts, assemblies, or subassemblies, and the testing
and reclamation of equipment as necessary, regardless of the source
of funds for the maintenance or repair. The term includes (1)
all aspects of software maintenance classified by the Department
of Defense as of July 1, 1995, as depot-level maintenance and
repair, and (2) interim contractor support or contractor logistics
support (or any similar contractor support), to the extent that
such support is for the performance of services described in the
preceding sentence.
‘‘(b) EXCEPTIONS.—(1) The term does not include the procure-
ment of major modifications or upgrades of weapon systems that
are designed to improve program performance or the nuclear refuel-
ing of an aircraft carrier. A major upgrade program covered by
this exception could continue to be performed by private or public
sector activities.
H. R. 1119—66
‘‘(2) The term also does not include the procurement of parts
for safety modifications. However, the term does include the
installation of parts for that purpose.’’.
(b) CONFORMING AMENDMENT.—Section 2469 of title 10, United
States Code, is amended in subsections (a) and (b), by striking
out ‘‘or repair’’ and inserting in lieu thereof ‘‘and repair’’.
(c) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 146 of title 10, United States Code, is amended
by inserting before the item relating to section 2461 the following
new item:
‘‘2460. Definition of depot-level maintenance and repair.’’.
(2) The tables of chapters at the beginning of subtitle A, and
at the beginning of part IV of subtitle A, of such title are amended
by striking out the item relating to chapter 146 and inserting
in lieu thereof the following new item:
‘‘146. Contracting for Performance of Civilian Commercial or Indus-
trial Type Functions ............................................................................ 2460’’.
SEC. 356. CORE LOGISTICS CAPABILITIES OF DEPARTMENT OF
DEFENSE.
(a) IN GENERAL.—Section 2464 of title 10, United States Code,
is amended to read as follows:
‘‘§ 2464. Core logistics capabilities
‘‘(a) NECESSITY FOR CORE LOGISTICS CAPABILITIES.—(1) It is
essential for the national defense that the Department of Defense
maintain a core logistics capability that is Government-owned and
Government-operated 
(including 
Government 
personnel 
and
Government-owned and Government-operated equipment and facili-
ties) to ensure a ready and controlled source of technical competence
and resources necessary to ensure effective and timely response
to a mobilization, national defense contingency situations, and other
emergency requirements.
‘‘(2) The Secretary of Defense shall identify the core logistics
capabilities described in paragraph (1) and the workload required
to maintain those capabilities.
‘‘(3) The core logistics capabilities identified under paragraphs
(1) and (2) shall include those capabilities that are necessary to
maintain and repair the weapon systems and other military equip-
ment (including mission-essential weapon systems or materiel not
later than four years after achieving initial operational capability,
but excluding systems and equipment under special access pro-
grams, nuclear aircraft carriers, and commercial items described
in paragraph (5)) that are identified by the Secretary, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, as necessary
to enable the armed forces to fulfill the strategic and contingency
plans prepared by the Chairman of the Joint Chiefs of Staff under
section 153(a) of this title.
‘‘(4) The Secretary of Defense shall require the performance
of core logistics workloads necessary to maintain the core logistics
capabilities identified under paragraphs (1), (2), and (3) at Govern-
ment-owned, Government-operated facilities of the Department of
Defense (including Government-owned, Government-operated facili-
ties of a military department) and shall assign such facilities suffi-
cient workload to ensure cost efficiency and technical competence
in peacetime while preserving the surge capacity and reconstitution