National Defense Authorization Act for Fiscal Year 1998
PL 105-85 (H.R.1119), enacted 11/18/1997

PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1629 
Public Law 105-85 
105th Congress 
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 
Nov. 18, 1997 
the Department of Energy, to prescribe personnel strengths for such fiscal year 
[H R 1119] 
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 
National Defense 
Authorization 
SECTION 1. SHORT TITLE. 
Act for Fiscal 
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 Greneral. 
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. 
I l l STAT. 1630 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 pro-am. 
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 Ml-Al 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1631 
Sec. 322. Expansion of scope of quarterW 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 
1)erformed at closed or realigned military installations, 
arification 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. 
I l l STAT. 1632 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1633 
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 tor 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 Grender-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. 
I l l STAT. 1634 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1635 
Sec. 652. Conformance of NOAA commissioned officers separation pay to separation 
[)ay for members of other uniformed services, 
igibility 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 Aimed 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 Aiexico. 
Sec. 744. Disclosures of cautionary information on prescription medications. 
Sec. 745. Competitive procurement of certain ophthalmic services. 
Sec. 746. Comptroller General study of adequaCT and effect of maximum allowable 
charges for physicians under CHAMPUS. 
Sec. 747. Comptroller General study of Department of Defense pharmacy programs. 
Sec. 748. Comptroller CJeneral 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. 
I l l STAT. 1636 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 undeflnitized 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 msgor 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1637 
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 auid 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 pavment 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 fi:om the Naval Vessel Register. 
I l l STAT. 1638 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1639 
Sec. 1083. Program to commemorate 50th anniversary of the Korean conflict. 
Sec. 1084. Commendation of members of the Armed Forces and Government civiUan 
personnel who sensed 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 paiy 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—MAT:rERS 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. GAG 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 Xm—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. 
I l l STAT. 1640 
PUBLIC LAW 105-85—NOV. 18, 1997 
Sec. 1304. Transfers 
of 
authorizations 
for 
high-priority 
counterprohferation 
programs. 
Sec. 1305. Advice to the President and Congress regarding the safety, security, and 
reUability 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 counterprohferation 
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 pa5mient 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1641 
Sec. 2206. Increase in authorization for military construction projects at Naval 
Station Roosevelt Roads, Puerto Rico. 
TITLE XXin—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 XXVIH—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. 
I l l STAT. 1642 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1643 
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, Bandeher 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. 
I l l STAT. 1644 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1645 
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 R&dar 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. 
Ill STAT. 1646 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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. 
1
0
2
. 
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.—Fimds are hereby 
authorized to be appropriated for procurement of Eimmunition 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 ammimition, $398,534,000. 
(4) For other procurement, $6,543,580,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Fimds are hereby authorized to be appropriated for fiscal year 
1998 
for 
Defense-wide 
procurement 
in 
the 
amoimt 
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, commimications 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1647 
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 t5^es 
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. 
I l l STAT. 1648 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 VEfflCLE 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 Ml 13 vehicle. 
Subtitle C—^Navy Programs 
SEC. 121. NEW ATTACK SUBMARINE PROGRAM. 
(a) 
AMOUNTS 
AUTHORIZED 
FROM 
S C N 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 
fsr^t^-, -
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1649 
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 (PubUc 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 fimds 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 imder 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 fiinds available for advance procurement 
and advance construction of components for the CVN-77 aircraft 
c£irrier program for fiscal year 1998 in a manner that is designed 
I l l STAT. 1650 
PUBLIC LAW 105-85—NOV. 18, 1997 
Notice. 
to result in such cost savings as may be required in order to 
meet the cost Hmitation 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 amoimts 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). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1651 
(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 Iseen 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. 
1
3
1
. 
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. 
I l l STAT. 1652 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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 t5^e 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 
nistorical patterns of usage and projected support costs. 
(3) For each t5^e 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 thsin March 1,1998. 
Subtitle E—Other Matters 
10 use 4543 
SEC. 141. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES 
note. 
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 canying 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 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1653 
for which a soHcitation 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 Reports. 
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 msmufacturers, 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 avEulable 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 smaount 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. 
I l l STAT. 1654 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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 utiUze authority under section 2350b of title 10, 
United States Code, for contracting for the purposes of Phase I 
of a NATO AlUance 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 canying 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 imder section 27(d) of the 
Arms Export Control Act is pending, as determined by the Secretary 
of Defense. 
(c) MODIFICATION OF AIR FORCE AIRCRAFT.—Amoxmts available 
pursuant to paragraphs (2) and (4) of subsection (a) may be used 
to provide for modif3dng 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. 
S
ec. 202. Amount for basic and applied research. 
kc. 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. 
,«;if>'f^" 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1655 
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. 
10 USC 2511 
(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. 
I l l STAT. 1656 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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 canying 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 OP 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1657 
(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 msinufacturing technology goals, mile-
stones, priorities, and investment strategy for the program; 
8ind 
39-194 O - 97 - 19 : QL 3 Part 2 
I l l STAT. 1658 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(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).". 
10 use 2525 
(c) DEADLINE FOR FIRST PLAN.—The Secretary of Defense shall 
i^ote. 
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 
Commeinds 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 Operationsd 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 
m£inagement structure required within the Office of the Sec-
retary of Defense to ensure that the program is responsive 
to the mission needs of the commsinders 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: 
' ' * "* - T S < K 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1659 
(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 shedl 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 
I l l STAT. 1660 
PUBLIC LAW 105-85—NOV. 18, 1997 
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) GAG REVIEW.—(1) The Comptroller General shall review 
the High Altitude Endurance Unmsinned Vehicle Program for pur-
poses of determining whether the average fly away cost for each 
vehicle is within the cost goal imder the program of $10,000,000. 
(2) The Secretary of Defense and the prime contractors under 
the High Altitude Endurance Unmsmned 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 plsmned 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.—TTie total amount obligated or expended 
for engineering and manufacturing development under the F-22 
gdrcraft 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. 
Reports. 
(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: 
¥4?,'„J«. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1661 
(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 GAG 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. 
10 USC 2431 
(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, i^aska, and Hawaii against 
limited ballistic missile attack (whether accidental, unauthor-
ized, or deliberate). 
(2) Ground-based radars. 
I l l STAT. 1662 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) Space-based sensors. 
(4) Battle management, command, control, and communica-
tions (BM/C3). 
(c) PLAN FOR NMD SYSTEM DEVELOPMENT AND DEPLOYMENT.— 
Not later thsin 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 Secretar^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 
deplo5mient 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 Secretar3^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 imder 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 £imended 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1663 
"(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. 
10 USC 221 note. 
(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 analj^-
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 £ind 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). 
I l l STAT. 1664 
PUBLIC LAW 105-85—NOV. 18, 1997 
50 use 2367. 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1665 
(8) For each foreign country or non-State organization that 
has not achieved the capabiUty to target members of the United 
States Armed Forces deployed abroad with weapons of mass 
destruction, balhstic 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 BaUistic Missile Defense Act of 1995 
(subtitle C of title II of PubUc 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; 
I l l STAT. 1666 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) by striking out subsection (d); £ind 
(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 Coimcil 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 
10 use 7903 
for Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2473) is amend-
note. 
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— 
10 use 7902 
(1) by striking out subsection (b); £ind 
^°*^ar7Q 
^^^ ^y redesignating subsections (c), (d), (e), and (f) as 
iSte 7902 note 
subsections (b), (c), (d), and (e), respectively. 
10 use 7902 
(d) EFFECTIVE DATE.—The amendments made by subsections 
note. 
(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 
*.£>*>»• 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1667 
(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 fiinds 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 ELIGffilLITY 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 
10USC2358 
by adding at the end the following new subsection: 
note. 
"(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 OP 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 Applicability. 
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 
I l l STAT. 1668 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 Ml-Al 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-Grovernment 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. 
""^kf*V-V 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1669 
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. 
I l l STAT. 1670 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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 Co\anter-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. WOKKING 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 fiinds 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 Fimd, Department of 
the Navy, $150,000 for Fisher houses that are located in proxim-
ity to medical treatment facilities of the Navy. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1671 
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 Treinsaction 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 Ml-Al 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 Ml-Al t£inks 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 amoimt 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 
I l l STAT. 1672 
PUBLIC LAW 105-85—NOV. 18, 1997 
1998 for the purpose of carr3dng 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 £ind maintenance for the Army National 
Guard, $6,854,000 may be available for the operation of Fort 
Chaffee, Arksinsas. 
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 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1673 
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 lo use 228 note. 
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 imder 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. 
I l l STAT. 1674 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(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 imder 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.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1675 
(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- 
lo use 482 note. 
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 
lo use 482 note. 
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 £ind 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 Jime 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 yesir, 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. 
I l l STAT. 1676 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1677 
"(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 accordsmce 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, £ind 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 lo use 484 note. 
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 Janusiry 30,1998. 
I l l STAT. 1678 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 221 note. 
(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 MILL 
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. 
Regulations. 
"(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— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1679 
"(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 10USC153note. 
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 
identifjdng the rate of deployment for individual members of the 
Armed Forces in addition to the rate of deplo)rment for units. 
SEC. 327. INCLUSION OF AIR FORCE DEPOT MAINTENANCE AS OPER- 
10 USC 221 note. 
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. 
I l l STAT. 1680 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 J C S 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1681 
(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. 
if) 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 enhsmcement", 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. 
I l l STAT. 1682 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 luiits 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1683 
(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; £ind 
(B) the savings achievable fi'om 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 fi-om the implementation of the readi-
ness posture. 
Ill STAT. 1684 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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 £ind 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— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1685 
(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 th£in 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)). 
Ill STAT. 1686 
PUBLIC LAW 105-85—NOV. 18, 1997 
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 (PubHc 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 £in 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 canying 
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 
£iny such agreements.". 
1
0 use 2702 
(d) GUIDELINES FOR REIMBURSEMENT AND COST-SHARING.—Not 
note. 
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. 
10 use 2702 
(e) EFFECTIVE DATE.—The amendments made by this section 
note. 
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.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1687 
(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 £ind compatible use by that person of an indus-
trial-tjTJe" and inserting in lieu thereof "in connection with 
the authorized and compatible use of a"; £ind 
(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-t)^e" 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 £ind 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: 
I l l STAT. 1688 
PUBLIC LAW 105-85—NOV. 18, 1997 
"§ 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.". 
10 use 2692 
(h) SAVINGS CLAUSE.—Nothing in the amendments made by 
note. 
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.". 
10 use 2706 
(b) REPORT IN FISCAL YEAR 1998.—The statement submitted 
note. 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1689 
"(B) Performance by the Department of Defense of other 
environmental restoration and compHance 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 Reports. 
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 
10 USC 2701 
RESTORATION AT DEPARTMENT OF DEFENSE SITES. 
note. 
(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— 
39-194 O - 97 - 20 : QL 3 Part 2 
I l l STAT. 1690 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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. 
10 use 2702 
SEC. 349. PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRON-
note. 
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 fi*om 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1691 
(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 copjdng 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) Cop5dng 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, 
I l l STAT. 1692 
PUBLIC LAW 105-85—NOV. 18, 1997 
Notice. 
10 u s e 2701 
note. 
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, quantif3dng, 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 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1693 
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. DEFINrriON 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 £ind 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. 
I l l STAT. 1694 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(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 £ind 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 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1695 
capabilities necessary to support fully the strategic and contingency 
plans referred to in paragraph (3). 
"(5) The commercial items covered by paragraph (3) are 
commercial items that have been sold or leased in substantial 
quantities to the general public and are purchased without modifica-
tion in the same form that they are sold in the commercial market-
place, or with minor modifications to meet Federal Government 
requirements. 
"(b) LIMITATION ON CONTRACTING.—(1) Except as provided in 
paragraph (2), performance of workload needed to maintain a logis-
tics capability identified by the Secretary under subsection (a)(2) 
may not be contracted for performance by non-Government person-
nel under the procedures and requirements of Office of Management 
and Budget Circular A-76 or any successor administrative regula-
tion or policy (hereinafter in this section referred to as 0MB Cir-
cular A-76). 
"(2) The Secretary of Defense may waive paragraph (1) in 
the case of any such logistics capability and provide that perform-
ance of the workload needed to maintain that capability shall be 
considered for conversion to contractor performance in accordance 
with 0MB Circular A-76. Any such waiver shall be made xmder 
regulations prescribed by the Secretary and shall be based on 
a determination by the Secretary that Government performance 
of the workload is no longer required for national defense reasons. 
Such regulations shall include criteria for determining whether 
Government performeince of any such workload is no longer required 
for national defense reasons. 
"(3)(A) A waiver under paragraph (2) may not take effect until 
the expiration of the first period of 30 days of continuous session 
of Congress that begins on or after the date on which the Secretary 
submits a report on the waiver to the Committee on Armed Services 
and the Committee on Appropriations of the Senate and the 
Committee on National Security and the Committee on Appropria-
tions of the House of Representatives. 
"(B) For the purposes of subparagraph (A)— 
"(i) continuity of session is broken only by an adjournment 
of Congress sine die; and 
"(ii) the days on which either House is not in session 
because of an adjournment of more than three days to a day 
certain are excluded in the computation of any period of time 
in which Congress is in continuous session.". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
at the beginning of chapter 146 of such title is amended to read 
as follows: 
"2464. Core logistics capabilities.". 
SEC. 
357. 
DECREASE 
IN 
PERCENTAGE 
OF 
DEPOT-LEVEL 
MAINTENANCE 
AND 
REPAIR 
THAT 
MAY 
BE 
CONTRACTED 
FOR 
PERFORM-
ANCE 
BY 
NON-GOVERNMENT 
PERSONNEL. 
Section 2466(a) of title 10, United States Code, is amended 
by striking out "40 percent" and inserting in lieu thereof "50 
percent". 
SEC. 358. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND 
REPAIR. 
Subsection (e) of section 2466 of title 10, United States Code, 
is amended to read as follows: 
I l l STAT. 1696 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(e) REPORT.—(1) Not later than February 1 of each year, the 
Secretary of Defense shall submit to Congress a report identifying, 
for each military department and Defense Agency, the percentage 
of the funds referred to in subsection (a) that were expended during 
the preceding fiscal year for performance of depot-level maintenance 
and repair workloads by the public and private sectors as required 
by section 2466 of this title. 
"(2) Not later than 90 days after the date on which the Secretary 
submits the annual report under paragraph (1), the Comptroller 
General shall submit to Congress the Comptroller General's views 
on whether the Department of Defense has complied with the 
requirements of subsection (a) for the fiscal year covered by the 
report.". 
SEC. 359. REQUIREMENT FOR USE OF COMPETITIVE PROCEDURES IN 
CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL 
MAINTENANCE AND REPAIR WORKLOADS FORMERLY 
PERFORMED AT CLOSED OR REALIGNED 
MILITARY 
INSTALLATIONS. 
(a) APPLICATION TO CERTAIN WORKLOADS.—(1) Chapter 
146 
of title 10, United States Code, is amended by inserting after 
section 2469 the following new section: 
*'§ 2469a. Use of competitive procedures in contracting for 
performance 
of depot-level maintenance 
and 
repair workloads formerly performed at certain 
military installations 
"(a) DEFINITIONS.—In this section: 
"(1) The term 'closed or realigned military installation' 
means a military installation where a depot-level maintenance 
and repair facility was approved in 1995 for closure or realign-
ment under the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXDC of Public Law 101-510; 10 U.S.C. 
2687 note). 
"(2) The term 'military installation' includes a former mili-
tary installation that was a military installation when it was 
approved in 1995 for closure or realignment under the Defense 
Base Closure and Realignment Act of 1990 and that has been 
closed or realigned under the Act. 
"(3) The terms 'realignment' and 'realigned' mesm a decision 
under the Defense Base Closure and Realignment Act of 1990 
that results in both a reduction and relocation of functions 
and civilian personnel positions. 
"(b) COVERED DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOADS.—Except as provided in subsection (c), this section applies 
with respect to any depot-level maintenance and repair workload 
that— 
"(1) was performed as of January 1, 1997, at a military 
installation that was approved in 1995 for closure or realign-
ment under the Defense Base Closure and Realignment Act 
of 1990 and that has been closed or realigned under the Act; 
Eind 
"(2) is proposed to be converted from performance by 
Department of Defense personnel to performance by a private 
sector source. 
"(c) EXCEPTIONS.—^This section shall not apply with respect 
to— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1697 
"(1) a depot-level maintenance and repair workload that 
is to be consolidated to another military installation (other 
than a closed or realigned military installation) as a result 
of a base closure or realignment action or a decision made 
by the Secretary concerned or the Defense Depot Maintenance 
Council; 
"(2) a workload necessary to maintain a core logistics 
capability identified under section 2464 of this title; or 
"(3) any contract originally entered into before the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998. 
"(d) CONDITIONS AND SOLICITATION.—A solicitation of offers 
for the performance of any depot-level maintenance and repair 
workload described in subsection (b) may be issued, and a contract 
may be awarded pursuant to such a solicitation, only if the following 
conditions are met with respect to the contract and the solicitation 
specifically states the conditions: 
"(1) The source selection process used in the case of the 
solicitation and contract permits the consideration of offers 
submitted by private sector sources and offers submitted by 
public sector sources. 
"(2) The source selection process used in the case of the 
solicitation and contract requires that, in the comparison of 
offers, there be taken into account— 
"(A) the fair market value (or if fair market value 
cannot be determined, the estimated book value) of any 
land, plant, or equipment from a military installation that 
is proposed by a private offeror to be used to meet a 
specific workload (whether these assets are provided to 
the offeror by a local redevelopment authority or by any 
other source approved by an official of the Department 
of Defense); and 
"(B) the total estimated direct and indirect costs that 
will be incurred by the Department of Defense and the 
total estimated direct and indirect savings (including over-
head) that will be derived by the Department of Defense. 
"(3) The cost standards used to determine the depreciation 
of facilities and equipment shall, to the maximum extent prac-
ticable, provide identical treatment to all public and private 
sector offerors. 
"(4) Any offeror, whether public or private, may offer to 
perform the workload at any location or locations selected by 
the offeror and to team with any other public or private entity 
to perform that workload at one or more locations, including 
a Center of Industrial and Technical Excellence designated 
under section 2474 of this title. 
"(5) No offeror may be given any preferential consideration 
for, or in any way be limited to, performing the workload 
in-place or at any other single location. 
"(e) CONTRACTS FOR MULTIPLE WORKLOADS.—(1) A solicitation 
may be issued for a single contract for the performance of multiple 
depot-level maintenance and repair workloads described in sub-
section (b) only if— 
"(A) the Secretary of Defense determines in writing that 
the individual workloads cannot as logically and economically 
I l l STAT. 1698 
PUBLIC LAW 105-85—NOV. 18, 1997 
be performed without combination by sources that are poten-
tially qualified to submit an offer and to be awarded a contract 
to perform those individual workloads; 
Reports. 
"(B) the Secretary submits to Congress a report setting 
forth the determination together with the reasons for the deter-
mination; and 
"(C) the solicitation of offers for the contract is issued 
more than 60 days after the date on which the Secretary 
submits the report. 
"(2) The Comptroller General shall review each report submit-
ted under paragraph (1)(B) and, not later than 30 days after the 
report is submitted to Congress, shall submit to Congress the 
Comptroller General's views regarding the determination of the 
Secretary that is set forth in the report, together with any other 
findings that the Comptroller General considers appropriate. 
"(f) COMPETITIVE PROCEDURES REQUIRED.—Section 2304(c)(7) 
of this title shall not be used as the basis for an exception to 
the requirement to use competitive procedures for any contract 
for a depot-level maintenance and repair workload described in 
subsection (b). 
"(g) REVIEWS OF COMPETITIVE PROCEDURES.—If a solicitation 
of offers for a contract for, or award of, any depot-level maintenance 
and repair workload described in subsection (b) is issued, the 
Comptroller General shall— 
"(1) within 45 days after the issuance of the solicitation, 
review the solicitation and report to Congress on whether the 
solicitation— 
"(A) provides substantially equal opportunity for public 
and private offerors to compete for the contract without 
regard to the location at which the workload is to be 
performed; and 
"(B) is in compliance with the requirements of this 
section and all applicable provisions of law and regulations; 
and 
"(2) within 45 days after any contract or award resulting 
from the solicitation is entered into or made, review the contract 
or award, including the contracting or award process, and report 
to Congress on whether— 
"(A) the procedures used to conduct the competition— 
"(i) provided substantially equal opportunity for 
public and private offerors to compete for the contract 
without regard to the location at which the workload 
is to be performed; and 
"(ii) were in compliance with the requirements of 
this section and all applicable provisions of law and 
regulations; 
"(B) appropriate consideration was given to factors 
other than cost in the selection of the source for perform-
ance of the workload; and 
"(C) the contract or award resulted in the lowest total 
cost to the Department of Defense for performance of the 
workload. 
"(h) RESOLUTION OF WORKLOAD AWARD OBJECTIONS.—^Any pub-
lic or private entity may, pursuant to procedures established by 
the Secretary, object to a solicitation of offers under this section 
for the performance of any depot-level maintenance and repair 
workload, or the award or proposed award of any workload pursuant 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1699 
to such a solicitation. The Secretary may designate a quaUfied 
individual or entity to review the objection; however, the Secretary 
shall not designate the Source Selection Authority or any individual 
from the same military department as the Source Selection Author-
ity to review the objection. The Secretary shall take appropriate 
action to address any defect in the solicitation or award in the 
event that the objection is sustained.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2469 
the following new item: 
"2469a. Use of competitive procedures in contracting for performance of depot-level 
maintenance and repair workloads formerly performed at certain mili-
tary installations.". 
(b) LIMITATION RELATING TO TIMING OF SOLICITATION.—The 
first solicitation of offers from private sector sources for the perform-
ance of a depot-level maintenance and repair workload described 
in subsection (b) of section 2469a of title 10, United States Code, 
as added by subsection (a), may be issued pursuant to such section 
only after the date that is 30 days after the latest of the following: 
(1) The date on which the Secretary of Defense publishes 
Eind submits to Congress a plan or Department of Defense 
directive that sets forth the specific procedures for the conduct 
of competitions among private and public sector entities for 
such depot-level maintensince and repair workloads. 
(2) The date on which the Secretary of Defense submits 
to Congress the report on allocation of workloads required 
under subsection (c). 
(3) The date on which the Comptroller General is required 
to submit the report to Congress under subsection (d). 
(c) REPORT OF ALLOCATION OF WORKLOAD,—Before any solicita-
tion of offers for the performance by a private sector source of 
a depot-level maintenance and repair workload at a closed or 
realigned installation described in subsection (b) of section 2469a 
of title 10, United States Code, as added by subsection (a), is 
to be issued, the Secretary of Defense shall submit to Congress 
a report describing the allocation proposed by the Secretary of 
all workloads that were performed at that closed or realigned mili-
tary installation (as defined in subsection (a) of such section) as 
of July 1,1995, including— 
(1) the workloads that are considered to be core logistics 
functions under section 2464 of such title; 
(2) the workloads that are proposed to be treinsferred to 
a military installation other than a closed or realigned military 
installation; 
(3) the workloads that are proposed to be included in the 
public-private competitions carried out under section 2469a 
of such title, and, if any of such workloads are to be combined 
for purposes of such a competition, the reasons for combining 
the workloads, together with a description of how the workloads 
are to be combined; 
(4) any workload that has been determined within the 
Department of Defense as no longer being necessary; 
(5) the proposed schedule for implementing the allocations 
covered by the report; and 
(6) the anticipated capacity utilization of the military 
installations and former military installations to which work-
loads are to be transferred, based on the maximum potential 
10 u s e 2469a 
note. 
10 u s e 2469a 
note. 
I l l STAT. 1700 
PUBLIC LAW 105-85—NOV. 18, 1997 
Reports. 
capacity certified to the 1995 Defense Base Closure and 
Realignment Commission, after the transfers are completed 
(not taking into account any workloads that may be transferred 
as a result of a public-private competition carried out under 
section 2469a of such title, as described in paragraph (3)). 
(d) REVIEW REGARDING AWARD FOR C - 5 AIRCRAFT WORKLOAD.— 
(1) The Comptroller General shall conduct a review of the award 
for the performance of the C-5 aircraft workload that was made 
to Warner Robins Air Logistics Center. As part of the review, 
the Comptroller General shall— 
(A) determine whether the procedures used to conduct the 
competition— 
(i) provided substantially equal opportunity for public 
and private offerors to compete for the award without 
regard to the location at which the workload is to be 
performed; and 
(ii) are in compliance with the requirements of all 
applicable provisions of law and the Federal Acquisition 
Regulation; and 
(B) determine whether that award results in the lowest 
total cost to the Department of Defense for performance of 
the workload. 
(2) Not later than 60 days after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a 
report containing the results of the review. 
SEC. 360. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF 
DEPOT EMPLOYEES BY CONSTRAINTS ON PERSONNEL 
LEVELS. 
Section 2472(a) of title 10, United States Code, is amended 
by striking out the first sentence and inserting in lieu thereof 
the following: "The civilian employees of the Department of Defense, 
including the civilian employees of the military departments and 
the Defense Agencies, who perform, or are involved in the perform-
ance of, depot-level maintenance and repair workloads may not 
be managed on the basis of any constraint or limitation in terms 
of man years, end strength, full-time equivalent positions, or maxi-
mum number of employees.". 
SEC. 361. 
CENTERS 
OF 
INDUSTRIAL 
AND 
TECHNICAL 
EXCELLENCE. 
(a) DESIGNATION AND PURPOSE.—(1) Chapter 146 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 2474. Centers of Industrial and Technical Excellence: des-
ignation; public-private partnerships 
"(a) DESIGNATION.—(1) The Secretary of Defense shall designate 
each depot-level activity of the military departments and the 
Defense Agencies (other than facilities approved for closure or major 
realignment under the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Pubhc Law 101-510; 10 U.S.C. 
2687 note)) as a Center of Industrial and Technical Excellence 
in the recognized core competencies of the activity. 
"(2) The Secretary shall establish a policy to encourage the 
Secretary of each military department and the head of each Defense 
Agency to reengineer industrial processes and adopt best-business 
practices at their depot-level activities in connection with their 
core competency requirements, so as to serve as recognized leaders 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1701 
in their core competencies throughout the Department of Defense 
and in the national technology and industrial base (as defined 
in section 2500(1) of this title). 
"(3) The Secretary of a military department may conduct a 
pilot program, consistent with applicable requirements of law, to 
test any practices referred to in paragraph (2) that the Secretary 
determines could improve the efficiency and effectiveness of depot-
level operations, improve the support provided by depot-level activi-
ties for the armed forces user of the services of such activities, 
and enhance readiness by reducing the time that it takes to repair 
equipment. 
"(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary of Defense 
shall enable Centers of Industrial and Technical Excellence to enter 
into public-private cooperative arrangements for the performance 
of depot-level maintenance and repair at such Centers smd shall 
encourage the use of such arrangements to maximize the utilization 
of the capacity at such Centers. A public-private cooperative 
arrangement under this subsection shall be known as a 'public-
private partnership'. 
"(c) CREDITING OF AMOUNTS FOR PERFORMANCE.—Amounts 
received by a Center for work performed under a public-private 
partnership shall be credited to the appropriation or fund, including 
a working-capital fund, that incurs the cost of performing the work. 
"(d) ADDITIONAL WORK.—The policy required under subsection 
(a) shall include measures to enable a private sector entity that 
enters into a partnership arrangement under subsection (b) or 
leases excess equipment and facilities at a Center of Industrial 
and Technical Excellence pursuant to section 2471 of this title 
to perform additional work at the Center, subject to the limitations 
outlined in subsection (b) of such section, outside of the types 
of work normally assigned to the Center.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2474. Centers of Industrial and Technical Excellence: designation; public-private 
partnerships.". 
(b) LEASE OF EXCESS DEPOT-LEVEL EQUIPMENT AND FACILI-
TIES.—(1) Section 2471(c) of such title is amended to read as follows: 
"(c) CONFORMANCE WITH AUTHORITY UNDER SECTION 2667.— 
The provisions of subsection (d) of section 2667 of this title shall 
apply to this section in the same manner as such provisions are 
applicable under that section.". 
(2) Section 2667(d)(2) of such title is amended by inserting 
"or working capital fund" before "from which". 
(c) REPORTING REQUIREMENT.—Not later than March 1, 1999, lo use 2474 
the Secretary of Defense shall submit to Congress a report on note. 
the policies established by the Secretary pursuant to section 2474 
of title 10, United States Code, to implement the requirements 
of such section. The report shall include— 
(1) the details of any public-private partnerships entered 
into as of that date under subsection (b) of such section; 
(2) the details of any leases entered into as of that date 
under section 2471 of such title with authorized entities for 
dual-use (military and nonmilitary) purposes; and 
(3) the effect that the partnerships and leases had on 
capacity utilization, depot rate structures, and readiness. 
2469. 
I l l STAT. 1702 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 362. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND 
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED 
PRODUCTION AND SERVICES. 
Section 1425(e) of the National Defense Authorization Act for 
Fiscal Year 1991 (PubHc Law 101-510; 104 Stat. 1684) is amended 
by striking out "September 30, 1997" and inserting in lieu thereof 
"September 30, 1999". 
SEC. 363. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOT-
LEVEL 
MAINTENANCE 
AND 
REPAIR 
LAWS 
AND 
A 
RELATED REPORTING REQUIREMENT. 
Section 311 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 247; 10 U.S.C. 2464 
10 use 2466, 
note) is amended by striking out subsections (f) and (g). 
SEC. 364. PERSONNEL REDUCTIONS, ARMY DEPOTS PARTICIPATING 
IN ARMY WORKLOAD AND PERFORMANCE SYSTEM. 
(a) LIMITATION.—Except as necessary to implement BRAC 1995 
decisions at Red River Army Depot, Texas, and Letterkenny Army 
Depot, Pennsylvania, the Secretary of the Army may not initiate 
a reduction in force of civilian employees at the five Army depots 
f
)articipating in the demonstration and testing of the A-my Work-
oad and Performance System until after the date on which the 
Secretary submits to Congress a report certifying that the Army 
Workload and Performance System is fully operational. 
(b) BRAC 1995 DECISIONS DEFINED.—The term "BRAC 1995 
decisions" means the decisions to close or realign certain military 
installations resulting from the recommendations approved in 1995 
under the Defense Base Closure and Realignment Act of 1990 
(part A of title XXK of PubHc Law 101-510; 10 U.S.C. 2687 note). 
SEC. 365. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES 
AMONG DEPARTMENT OF DEFENSE FACILITIES AND PRI-
VATE SECTOR FAdLITIES. 
(a) REPORT.—Not later than May 31, 1998, the Secretary of 
Defense shall submit to Congress a report on the allocation among 
facilities of the Department of Defense and facilities in the private 
sector of the logistics activities that are necessary to maintain 
and repair the weapon systems and other military equipment identi-
fied by the Secretary, in consultation with the Chairman of the 
Joint Chiefs of Staff, as being necessary to enable the Armed 
Forces to conduct a strategic or major theater war. 
(b) ELEMENTS.—^The report under subsection (a) shall set forth 
the following: 
(1) The systems or equipment identified under subsection 
(a) that must be maintained and repaired in Government-
owned, Government-operated facilities, using personnel and 
equipment of the Department, as a result of the Secretar/s 
determination that— 
(A) the work involves unique or valuable workforce 
skills that should be maintained in the public sector in 
the national interest; 
(B) the base of private sector sources having the 
capability to perform the workloads includes industry sec-
tors that are vulnerable to work stoppages; 
(C) the private sector sources having the capability 
to perform the workloads have insufficient workforce levels 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1703 
or skills to perform the depot-level maintenance and repair 
workloads— 
(i) in the quantity necessary, or as rapidly as the 
Secretary considers necessary, to enable the armed 
forces to fulfill the national military strategy; or 
(ii) without a significant disruption or delay in 
the maintenance and repair of equipment; 
(D) the need for performance of workloads is too infre-
quent, cyclical, or variable to sustain a reliable base of 
private sector sources having the workforce levels or skills 
to perform the workloads; 
(E) the market conditions or workloads are insufficient 
to ensure that the price of private sector performance of 
the workloads can be controlled through competition or 
other means; 
(F) private sector sources are not adequately responsive 
to the requirements of the Department for rapid, cost-
effective, and flexible response to surge requirements or 
other contingency situations, including changes in the mix 
or priority of previously scheduled workloads and reassign-
ment of employees to different workloads without the 
requirement for additional contractual negotiations; 
(G) private sector sources are less willing to assume 
responsibility for performing the workload as a result of 
the possibility of direct military or terrorist attack; or 
(H) private sector sources cannot maintain continuity 
of workforce expertise as a result of high rates of employee 
turnover. 
(2) The systems or equipment identified under subsection 
(a) that must be maintained and repaired in Government-
owned facilities, whether Government-operated or contractor-
operated, as a result of the Secretary's determination that— 
(A) the work involves facilities, technologies, or equip-
ment that are unique and sufficiently valuable that the 
facilities, technologies, or equipment must be maintained 
in the public sector in the national interest; 
(B) the private sector sources having the capability 
to perform the workloads have insufficient facilities, tech-
nology, or equipment to perform the depot-level mainte-
nance and repair workloads— 
(i) in the quantity necessary, or as rapidly as the 
Secretary considers necessary, to enable the armed 
forces to fulfill the national military strategy; or 
(ii) without a significant disruption or delay in 
the maintenance and repair of equipment; or 
(C) the need for performance of workloads is too infre-
quent, cyclical, or variable to sustain a reliable base of 
private sector sources having the facilities, technology, or 
equipment to perform the workloads. 
(3) The systems or equipment identified under subsection 
(a) that may be maintained and repaired in private sector 
facilities. 
(4) The approximate percentage of the total maintenance 
and repair workload of the Department of Defense necessary 
for the systems and equipment identified under subsection 
(a) that would be performed at Department of Defense facilities, 
I l l STAT. 1704 
PUBLIC LAW 105-85—NOV. 18, 1997 
and at private sector facilities, as a result of the determinations 
made for purposes of paragraphs (1), (2), and (3). 
SEC. 366. REVIEW OF USE OF TEMPORARY DUTY ASSIGNMENTS FOR 
SHIP REPAIR AND MAINTENANCE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In order to reduce the time that the crew of a naval 
vessel is away from the homeport of the vessel, the Navy 
seeks to perform ship repair and maintenance of the vessel 
at the homeport of the vessel whenever it takes six months 
or less to accomplish the work involved. 
(2) At the same time, the Navy seeks to distribute ship 
repair and maintenance work among the Navy shipyards 
(known as to "level load") in order to more fully utilize personnel 
resources. 
(3) During periods when a Navy shipyard is not utilized 
to its capacity, the Navy sometimes sends workers at the ship-
yard, on a temporary duty basis, to perform ship repairs and 
maintenance at a homeport not having a Navy shipyard. 
(4) This practice is a more efficient use of civilian employees 
who might otherwise not be fully employed on work assigned 
to Navy shipyards. 
(b) 
COMPTROLLER 
GENERAL REVIEW AND REPORT.—(1) 
The 
Comptroller General shall review the Navj^s practice of using tem-
porary duty assignments of personnel to perform ship maintenance 
and repair work at homeports not having Navy shipyards. The 
review shall include the following: 
(A) An assessment of the rationale, conditions, and factors 
supporting the Navy's practice. 
(B) A determination of whether the practice is cost-effective. 
(C) The factors affecting future requirements for, and the 
adherence to, the practice, together with an assessment of 
the factors, 
(2) Not later than May 1, 1998, the Comptroller General shall 
submit a report on the review to the Committee on Armed Services 
of the Senate and the Committee on National Security of the 
House of Representatives. 
SEC. 367. SENSE OF CONGRESS REGARDING REALIGNMENT OF 
PERFORMANCE 
OF GROUND 
COMMUNICATION-ELEC-
TRONIC WORKLOAD. 
It is the sense of Congress that the transfer of the ground 
communication-electronic workload to Tobyhanna Army Depot, 
Pennsylvania, in the realignment of the performance of such func-
tion should be carried out in adherence to the schedule prescribed 
for that transfer by the Defense Depot Maintenance Council on 
March 13,1997, as follows: 
(1) Transfer of 20 percent of the workload in fiscal year 
1998. 
(2) Trsmsfer of 40 percent of the workload in fiscal year 
1999. 
(3) Transfer of 40 percent of the workload in fiscal year 
2000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1705 
Subtitle E—Commissaries and 
Nonappropriated Fund Instrumentalities 
SEC. 371. REORGANIZATION OF LAWS REGARDING COMMISSARIES AND 
EXCHANGES AND OTHER MORALE, WELFARE, AND 
RECREATION ACTIVITIES. 
(a) DESCRIPTION OF CHAPTER.—(1) The heading of chapter 147 
of title 10, United States Code, is amended to read as follows: 
"CHAPTER 147—COMMISSARIES AND EXCHANGES AND 
OTHER MORALE, WELFARE, AND RECREATION ACTIVI-
TIES". 
(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 147 and inserting 
in lieu thereof the following new item: 
"147. Commissaries and Exchanges and Other Morale, Welfare, and 
Recreation Activities 
2481". 
(b) 
TRANSFER AND REDESIGNATION OF UNRELATED PROVI-
SIONS.—(1) Section 2481 of title 10, United States Code, is trans-
ferred to chapter 159 of such title, inserted after section 2685, 
and redesignated as section 2686. 
(2) Sections 2483 and 2490 of such title are transferred to 
the end of subchapter III of chapter 169 of such title and redesig-
nated as sections 2867 and 2868, respectively. 
(3) Section 2491 of such title is redesignated as section 2500. 
(c) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 147 of title 10, United States Code, is amended 
by striking out the items relating to sections 2481, 2483, and 
2490. 
(2) The table of sections at the beginning of chapter 159 of 
such title is amended by inserting after the item relating to section 
2685 the following new item: 
"2686. Utilities and services: sale; expansion and extension of systems and facili-
ties.". 
(3) The table of sections at the beginning of subchapter III 
of chapter 169 of such title is amended by adding at the end 
the following new items: 
"2867. Sale of electricity from alternate energy and cogeneration production facili-
ties. 
"2868. Utility services: furnishing for certain buildings.". 
(4) The table of sections at the beginning of subchapter I 
of chapter 148 of such title is amended by striking out the item 
relating to section 2491 and inserting in lieu thereof the following 
new item: 
"2500. Definitions.". 
(5) 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 148 and inserting 
in lieu thereof the following new item: 
"148. National Defense Technolo^ and Industrial Base, Defense Re-
investment, and Defense Conversion 
2500". 
I l l STAT. 1706 
PUBLIC LAW 105-85—NOV. 18, 1997 
(d) CONFORMING AMENDMENTS.—(1) Section 2534(d) of title 10, 
United States Code, is amended by striking out "section 2491(1)" 
both places it appears and inserting in lieu thereof "section 2500(1)". 
(2) Section 2865(b)(2) of such title is amended by striking 
out "section 2483(b)(2)" £ind inserting in lieu thereof "section 
2867(b)(2)". 
SEC. 372. MERCHANDISE AND PRICING REQUIREMENTS FOR COM-
MISSARY STORES. 
(a) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—Sub-
section (b) of section 2486 of title 10, United States Code, is 
amended— 
(1) by striking out the matter preceding paragraph (1) 
and inserting in lieu thereof the following: "(b) AUTHORIZED 
COMMISSARY MERCHANDISE CATEGORIES.—Merchandise sold in, 
at, or by commissary stores may include items only in the 
following categories:"; and 
(2) by striking out paragraph (11) and inserting in lieu 
thereof the following new paragraph: 
Reports. 
"(11) Such other merchandise categories as the Secretary 
of Defense may prescribe, except that the Secretary shall submit 
to Congress, not later than March 1 of each year, a report 
describing— 
"(A) any addition of, or change in, a merchandise cat-
egory proposed to be made under this paragraph during 
the one-year period beginning on that date; and 
"(B) those additions and changes in merchandise cat-
egories actually made during the preceding one-year 
period.", 
(b) CODIFICATION OF UNIFORM SALES PRICE SURCHARGE OR 
ADJUSTMENT.—Subsection (c) of such section is amended— 
(1) by inserting "UNIFORM SALES PRICE SURCHARGE OR 
ADJUSTMENT.—" after "(c)"; 
(2) by striking out "in commissary stores." and inserting 
in lieu thereof "in, at, or by commissary stores."; and 
(3) by adding at the end the following new sentence: "Effec-
tive on the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1998, the uniform percentage 
shall be equal to five percent and may not be changed except 
by a law enacted after such date.". 
(c) ESTABLISHMENT OF SALES PRICE; CONGRESSIONAL NOTIFICA-
TION.—Subsection (d) of such section is amended to read as follows: 
"(d) 
SALES 
PRICE 
ESTABLISHMENT.—(1) The 
Secretary 
of 
Defense shall establish the sales price of each item of merchandise 
sold in, at, or by commissary stores at the level that will recoup 
the actual product cost of the item (consistent with this section 
and sections 2484 and 2685 of this title). 
"(2) Any change in the pricing policies for merchandise sold 
in, at, or by commissary stores shall not take effect until the 
Secretary of Defense submits written notice of the proposed change 
to Congress and a period of 90 days of continuous session of Con-
gress expires following the date on which notice was received. 
For purposes of this paragraph, the continuity of a session of 
Congress is broken only by an adjournment of the Congress sine 
die, and the days on which either House is not in session because 
of an adjournment or recess of more thain three days to a day 
certain are excluded in a computation of such 90-day period.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1707 
(d) SPECIAL RULES FOR CERTAIN MERCHANDISE.—Such section 
is further amended by adding at the end the following new sub-
section: 
"(f) SPECIAL RULES FOR CERTAIN MERCHANDISE.—(1) Notwith-
standing the general requirement that merchandise sold in, at, 
or by commissary stores be commissary store inventory, the Sec-
retary of Defense may authorize the sale of items in the merchan-
dise categories specified in paragraph (2) as noncommissary store 
inventory. Subsections (c) and (d) shall not apply to the pricing 
of such merchandise items. 
"(2) The merchandise categories referred to in paragraph (1) 
are as follows: 
"(A) Magazines and other periodicals. 
"(B) Tobacco products.". 
(e) CLERICAL AND CONFORMING AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a), by inserting "IN GENERAL.—" after 
"(a)"; and 
(2) in subsection (e)— 
(A) by inserting "SPECL\L RULE FOR BRAND-NAME 
CoMMERCLU. ITEMS.—" after "(e)"; and 
(B) by striking out "in commissary stores" both places 
it appears and inserting in lieu thereof "in, at, or by com-
missary stores". 
(f) REPORT ON MERCHANDISE CATEGORIES.—Not later than 30 
lo use 2486 
days after the date of the enactment of this Act, the Secretary note. 
of Defense shall submit to Congress a report specifying the merchan-
dise categories authorized for sale sold in, at, or by commissary 
stores pursuant to regulations prescribed under subsection (b)(ll) 
of section 2486 of title 10, United States Code, as in effect before 
such date. 
SEC. 373. LIMITATION ON NONCOMPETITIVE 
PROCUREMENT OF 
BRAND-NAME COMMERCIAL ITEMS FOR RESALE IN COM-
MISSARY STORES. 
Section 2486(e) of title 10, United States Code, as amended 
by section 372(e)(2), is further amended by adding at the end 
the following new sentence: "In determining whether a brsind name 
commercial item is regularly sold outside of commissary stores, 
the Secretary shall consider only sales of the item on a regional 
or national basis by commercial grocery or other retail operations 
consisting of multiple stores.". 
SEC. 374. TREATMENT OF REVENUES DERIVED FROM COMMISSARY 
STORE ACTIVITIES. 
(a) TREATMENT OF REVENUES.—Section 2685 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(e) OTHER 
SOURCES OF FUNDS FOR CONSTRUCTION AND 
IMPROVEMENTS.—Revenues received by the Secretary of Defense 
from the following sources or activities of commissary store facilities 
shall be available for the purposes set forth in subsections (b), 
(c), and (d): 
"(1) Sale of recyclable materials. 
"(2) Sale of excess and surplus property. 
"(3) License fees. 
"(4) Royalties. 
I l l STAT. 1708 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(5) Fees paid by sources of products in order to obtain 
favorable display of the products for resale, known as business 
related management fees.", 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "ADJUSTMENT OR SUR-
CHARGE AUTHORIZED.—" after "(a)"; 
(2) in subsection (b), by inserting "USE FOR CONSTRUCTION 
AND IMPROVEMENT OF FACILITIES.—" after "(b)"; 
(3) in subsection (c), by inserting "ADVANCE OBLIGA-
TION.—" after "(c)"; and 
(4) in subsection (d), by inserting "COOPERATION WITH 
NONAPPROPRIATED FUND INSTRUMENTALITIES.—" after "(d)". 
SEC. 375. 
MAINTENANCE, 
REPAIR, 
AND RENOVATION OF ARMED 
FORCES 
RECREATION 
CENTER, 
EUROPE. 
Section 2247(b) of title 10, United States Code, is amended 
by striking out "real property maintenance, and" and inserting 
in lieu thereof "the maintenance, repair, or renovation of real prop-
erty, and the". 
SEC. 376. PLAN FOR USE OF PUBLIC AND PRIVATE PARTNERSHIPS 
TO BENEFIT MORALE, WELFARE, AND RECREATION 
ACTIVITIES. 
(a) PLAN REQUIRED.—The Secretary of Defense shall prepare 
a plan containing a proposal regarding the advisability and feasibil-
ity of permitting nonappropriated fiind instrumentalities of the 
Department of Defense to enter into leases, licensing agreements, 
concession agreements, and other contracts with private persons 
and State or local governments to facilitate the provision of facili-
ties, goods, or services to authorized patrons of nonappropriated 
fund instrumentalities and to generate revenues for the Department 
of Defense to be used solely for the benefit of nonappropriated 
fund instrumentalities. 
(b) RECOMMENDATIONS FOR SCOPE OF PLAN.—In developing the 
proposal under subsection (a), the Secretary shall include rec-
ommendations regarding the following: 
(1) The proposed criteria to be used to select goods or 
services suitable for provision to patrons of nonappropriated 
fund instrumentalities through a lease or other contractual 
arrangement. 
(2) The proposed mechanism to be used to assess the likely 
impact of such a lease or other contractual arrangement on 
private businesses in the locality that provide the same goods 
or services proposed to be provided under such a lease or 
other contractual arrangement. 
(3) The feasibility and desirability of authorizing persons 
who are not authorized patrons of nonappropriated 
fund 
instrumentalities to receive goods and services provided 
through such a lease or other contractual arrangement. 
(4) The proposed mechanism to be used to ensure that 
such a lease or contract will not be inconsistent with and 
will not adversely affect the mission of the Department of 
Defense or the nonappropriated fund instrumentality involved. 
(c) SUBMISSION OF PLAN.—Not later than March 1, 1998, the 
Secretary shall submit to Congress the plan required under sub-
section (a). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1709 
Subtitle F—Other Matters 
SEC. 381. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR 
FISCAL YEAR 1998.—Of the amount authorized to be appropriated 
pursuant to section 301(5) for operation and maintenance for 
Defense-wide activities— 
(1) $30,000,000 shall be available for providing educational 
agencies assistance (as defined in subsection (d)(1)) to local 
educational agencies; and 
(2) $5,000,000 shall be available for making educational 
agencies payments (as defined in subsection (d)(2)) to local 
educational agencies. 
(b) NOTIFICATION.—Not later than June 30, 1998, the Secretary 
of Defense shall— 
(1) notify each local educational agency that is eligible 
for educational agencies assistance for fiscal year 1998 of that 
agency's eligibility for such assistance and the amount of such 
assistance for which that agency is eligible; and 
(2) notify each local educational agency that is eligible 
for an educational agencies pa5anent for fiscal year 1998 of 
that agency's eligibility for such payment and the amount of 
the payment for which that agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 
disburse funds made available under paragraphs (1) and (2) of 
subsection (a) not later than 30 days after the date on which 
notification to the eligible local educational agencies is provided 
pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under section 386(b) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 20 U.S.C. 7703 note). 
(2) The term "educational agencies payments" means pay-
ments authorized under section 386(d) of the National Defense 
Authorization Act for Fiscal Year 1993 (Pubhc Law 102-484; 
20 U.S.C. 7703 note). 
(3) The term "local educational agency has the meaning 
given that term in section 8013(9) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
(e) TECHNICAL CORRECTION RELATING TO ORIGINAL ASSISTANCE 
AUTHORITY.—Section 386(c)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Pubhc Law 102-484; 20 U.S.C. 
7703 note) is amended— 
(1) by striking out "section 8003(a)" and inserting in lieu 
thereof "section 8003(a)(1)"; and 
(2) by striking out "(20 U.S.C. 7703(a))" and inserting in 
lieu thereof "(20 U.S.C. 7703(a)(1))", 
SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND 
HUMANITARIAN ASSISTANCE. 
(a) ESTABLISHMENT AND OPERATION OF CENTER.—(1) Chapter 
7 of title 10, United States Code, is amended by adding at the 
end the following new section: 
I l l STAT. 1710 
PUBLIC LAW 105-85—NOV. 18, 1997 
"§182. Center for Excellence in Disaster Management and 
Humanitarian Assistance 
"(a) ESTABLISHMENT.—The Secretary of Defense may operate 
a Center for Excellence in Disaster Management and Humanitarian 
Assistance (in this section referred to as the 'Center'). 
"(b) MISSIONS.—(1) The Center shall be used to provide and 
facilitate education, training, and research in civil-military oper-
ations, particularly operations that require international disaster 
management and humanitarian assistance and operations that 
require coordination between the Department of Defense and other 
agencies. 
"(2) The Center shall be used to maike available high-quality 
disaster management and humanitarian assistance in response to 
disasters. 
"(3) The Center shall be used to provide and facilitate education, 
training, interagency coordination, and research on the following 
additional matters: 
"(A) Management of the consequences of nuclear, biological, 
and chemical events. 
"(B) Management of the consequences of terrorism. 
"(C) Appropriate roles for the reserve components in the 
management of such consequences and in disaster management 
and humanitarian assistance in response to natural disasters. 
"(D) Meeting requirements for information in connection 
with regional and global disasters, including the use of 
advsmiced communications technology as a virtual library. 
"(E) Tropical medicine, peirticularly in relation to the medi-
cal readiness requirements of the Department of Defense. 
"(4) The Center shall develop a repository of disaster risk 
indicators for the Asia-Pacific region. 
"(5) The Center shall perform such other missions as the Sec-
retary of Defense may specify. 
"(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Secretary of Defense may enter into an agreement with 
appropriate officials of an institution of higher education to provide 
for joint operation of the Center. Any such agreement shall provide 
for the institution to fiimish necessary administrative services for 
the Center, including administration and allocation of funds. 
"(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in 
paragraph (2), the Secretary of Defense may accept, on behalf 
of the Center, donations to be used to defi'ay the costs of the 
Center or to enhance the operation of the Center. Such donations 
may be accepted from any agency of the Federal Government, 
any State or local government, any foreign government, any founda-
tion or other charitable organization (including any that is organized 
or operates imder the laws of a foreign country), or any other 
private source in the United States or a foreign country. 
"(2) The Secretary may not accept a donation under paragraph 
(1) if the acceptance of the donation would compromise or appear 
to compromise— 
"(A) the ability of the Department of Defense, any employee 
of the Department, or members of the armed forces, to carry 
out any responsibility or duty of the Department in a fair 
and objective manner; or 
"(B) the integrity of any program of the Department of 
Defense or of any person involved in such a program. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1711 
"(3) The Secretary shall prescribe written guidance setting forth 
the criteria to be used in determining whether or not the acceptance 
of a foreign donation would have a result described in paragraph 
(2). 
"(4) Funds accepted by the Secretary under paragraph (1) as 
a donation on behalf of the Center shall be credited to appropria-
tions available to the Department of Defense for the Center. Funds 
so credited shall be merged with the appropriations to which cred-
ited and shall be available for the Center for the same purposes 
and the same period as the appropriations with which merged.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"182. Center for Excellence in Disaster Management and Humanitarian Assist-
ance.". 
(b) FUNDING FOR FISCAL YEAR 1998.—Of the funds authorized 
to be appropriated pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $5,000,000 shall be avail-
able for the operation of the Center for Excellence in Disaster 
Management and Humanitarian Assistance established under sec-
tion 182 of title 10, United States Code, as added by subsection 
(a). 
SEC. 383. APPLICABILITY OF FEDERAL PRINTING REQUIREMENTS TO 
DEFENSE AUTOMATED PRINTING SERVICE. 
(a) IN GENERAL.—Subchapter I of chapter 8 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 195. Defense Automated Printing Service: applicability of 
Federal printing requirements 
"The Defense Automated Printing Service shall comply fully 
with the requirements of section 501 of title 44 relating to the 
production and procurement of printing, binding, and blank-book 
work.". 
(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: 
"195. Defense Automated Printing Service: applicability of Federal printing require-
ments.". 
SEC. 384. STXn)Y AND NOTIFICATION REQUIREMENTS FOR CONVER-
SION OF COMMERCIAL AND INDUSTRIAL TYPE FUNC-
TIONS TO CONTRACTOR PERFORMANCE. 
(a) ADDITIONAL NOTIFICATION REQUIREMENT.—Subsection (a)(1) 
of section 2461 of title 10, United States Code, is amended by 
inserting before the semicolon the following: "and the anticipated 
length and cost of the study". 
(b) NOTIFICATION OF CONVERSION DECISION.—Subsection (b) 
of such section is amended by adding at the end the following 
new sentence: "The notification shall include the timetable for 
completing conversion of the function to contractor performance.". 
(c) WAIVER FOR SMALL FUNCTIONS.—Subsection (d) of such sec-
tion is amended by striking out "45 or fewer" and inserting in 
lieu thereof "20 or fewer". 
I l l STAT. 1712 
PUBLIC LAW 105-85—NOV, 18, 1997 
SEC. 385. COLLECTION AND RETENTION OF COST INFORMATION DATA 
ON CONVERTED SERVICES AND FUNCTIONS. 
(a) COLLECTION AND RETENTION REQUIRED.—Section 2463 of 
title 10, United States Code, is amended to read as follows: 
"§2463. Collection and retention of cost information data 
on converted services and functions 
"(a) REQUIREMENTS IN CONNECTION WITH CONVERSION TO CON-
TRACTOR PERFORMANCE.—^With respect to each contract converting 
the performance of a service or function of the Department of 
Defense to contractor performance (and any extension of such a 
contract), the Secretary of Defense shall collect, during the term 
of the contract or extension, but not to exceed five years, cost 
information data regarding performance of the service or function 
by private contractor employees. 
"(b) 
REQUIREMENTS 
IN 
CONNECTION 
WITH 
RETURN 
TO 
EMPLOYEE 
PERFORMANCE.—Whenever 
the 
performance 
of 
a 
commercial or industrial type activity of the Department of Defense 
that is being performed by 50 or more employees of a private 
contractor is changed to performance by civilian employees of the 
Department of Defense, the Secretary of Defense shall collect, for 
a five-year period, cost information data comparing— 
"(1) the estimated costs of continued performance of such 
activity by private contractor employees; and 
"(2) the costs of performance of such activity by civilian 
employees of the Department of Defense. 
"(c) RETENTION OF INFORMATION.—With regard to the conver-
sion to or from contractor performance of a particular service or 
function of the Department of Defense, the Secretary of Defense 
shall provide for the retention of information collected under this 
section for at least a 10-year period beginning at the end of the 
final year in which the information is collected.". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of chapter 146 of title 
10, United States Code, is amended to read as follows: 
"2463. 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. 
(a) AUTHORITY.—Chapter 1 of title 32, United States Code, 
is amended by adding at the end the following new section: 
''§ 113. Federal financial assistance for support of additional 
duties assigned to the Army National Guard 
"(a) AUTHORITY.—The Secretary of the Army may provide finan-
cial assistance to a State to support activities carried out by the 
Army National Guard of the State in the performance of duties 
that the Secretary has assigned, with the consent of the Chief 
of the National Guard Bureau, to the Army National Guard of 
the State. The Secretary shall determine the amount of the assist-
ance that is appropriate for the purpose. 
"(b) COVERED ACTIVITIES.—Activities supported under this sec-
tion may include only those activities that are carried out by the 
Army National Guard in the performance of responsibilities of 
the Secretary of the Army under paragraphs (6), (10), and (11) 
of section 3013(b) of title 10. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1713 
"(c) DISBURSEMENT THROUGH NATIONAL GUARD BUREAU.—The 
Secretary of the Army shall disburse any contribution under this 
section through the Chief of the National Guard Bureau. 
"(d) AVAILABILITY OF FUNDS.—Funds appropriated for the Army 
for a fiscal year are available for providing financial assistance 
under this section in support of activities carried out by the Army 
National Guard during that fiscal year.". 
(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: 
"113. Federal financial assistance for support of additional duties assigned to the 
Army National Guard.". 
SEC. 387. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICA-
TION SERVICES. 
(a) EXTENSION OF REQUIREMENT TO USE PRIVATE-SECTOR 
SOURCES.—Subsection (a) of section 351 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 266) is amended— 
(1) by striking out "and 1997" and inserting in lieu thereof 
"through 1998"; and 
(2) by striking out "Defense Printing Service" and inserting 
in lieu thereof "Defense Automated Printing Service". 
(b) SURCHARGE FOR SERVICES.—Such section is further amended 
by adding at the end the following new subsection: 
"(d) CONDITIONS ON IMPOSITION OF SURCHARGE.—(1) Any sur-
charge imposed by the Defense Automated Printing Service on 
printing and duplication services for the Department of Defense 
shall be based on direct services provided by the Defense Automated 
Printing Service and reflect the costs incurred by the Defense 
Automated Printing Service, as described in its annual budget. 
"(2) The Defense Automated Printing Service may not impose 
a surcharge on any printing and duplication service for the Depart-
ment of Defense that is procured from a source outside of the 
Department.". 
(c) AUTHORITY TO PROCURE 
SERVICES FROM GOVERNMENT 
lo use 195 note. 
PRINTING OFFICE.—Consistent with section 501 of title 44, United 
States Code, the Secretary of a military department or head of 
a Defense Agency may contract directly with the Government Print-
ing Office for printing and duplication services otherwise available 
through the Defense Automated Printing Service. 
SEC. 388. CONTINUATION AND EXPANSION OF DEMONSTRATION PRO-
GRAM TO IDENTIFY OVERPAYMENTS MADE TO VENDORS. 
(a) SCOPE OF PROGRAM.—Section 354 of the National Defense 
Authorization Act for Fiscal Year 1996 (Pubhc Law 104-106; 110 
Stat. 268; 10 U.S.C. 2461 note) is amended— 
(1) in subsection (a), by striking out the second sentence; 
and 
(2) in subsection (b)(1), by striking out "of the Defense 
Logistics Agency that relate to (at least) fiscal years 1993, 
1994, and 1995" and inserting in lieu thereof "relating to fiscal 
years after fiscal year 1993 of the working-capital funds and 
industrial, commercial, and support type activities mainaged 
through the Defense Business Operations Fund, except the 
Defense Logistics Agency to the extent such records have 
already been audited". 
I l l STAT. 1714 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) COLLECTION METHOD; CONTRACTOR PAYMENTS.—Such sec-
tion is further amended by striking out subsections (d) and (e) 
and inserting in Heu thereof the following new subsections: 
"(d) COLLECTION METHOD.—(1) In the case of an overpajonent 
to a vendor identified under the demonstration program, the Sec-
retary shall consider the use of the procedures specified in section 
32.611 of the Federal Acquisition Regulation, regarding a setoff 
against existing invoices for payment to the vendor, as the first 
method by which the Department seeks to recover the amount 
of the overpayment (and any applicable interest and penalties) 
from the vendor. 
"(2) The Secretary of Defense shall be solely responsible for 
notifying a vendor of an overpa3nnent made to the vendor and 
identified under the demonstration program and for recovering 
the amount of the overpayment (and any applicable interest and 
penalties) fi-om the vendor. 
"(e) FEES FOR CONTRACTOR.—The Secretary shall pay to the 
contractor under the contract entered into under the demonstration 
program an amount not to exceed 25 percent of the total amount 
recovered by the Department (through the collection of overpay-
ments and the use of setoffs) solely on the basis of information 
obtained as a result of the audits performed by the contractor 
under the program. When an overpa5mient is recovered through 
the use of a setoff, amounts for the required pa5nment to the contrac-
tor shall be derived from funds available to the working-capital 
fund or industrial, commercial, or support type activity for which 
the overpa5nnent is recovered.". 
10 use 2461 
(c) GAG REVIEW.—Not later than December 31, 1998, the 
note. 
Comptroller General shall submit to Congress a report containing 
the results of a review by the Comptroller General of the demonstra-
tion program conducted under section 354 of the National Defense 
Authorization Act for Fiscal Year 1996 (Pubhc Law 104-106; 10 
U.S.C. 2461 note). In the review, the Comptroller General shall— 
(1) assess the success of the methods used in the dem-
onstration program to identify overpajmaents made to vendors; 
(2) consider the types of overpayments identified and the 
feasibility of avoiding such overpayments through contract 
adjustments; 
(3) determine the total amount of overpajonents recovered 
under the demonstration program; and 
(4) develop recommendations for improving the process by 
which overpa5anents are recovered by the Department of 
Defense. 
10 use 2461 
SEC. 389. DEVELOPMENT 
OF STANDARD 
FORMS 
REGARDING 
note. 
PERFORMANCE WORK STATEMENT AND REQUEST FOR 
PROPOSAL FOR CONVERSION OF CERTAIN OPERATIONAL 
FUNCTIONS OF MILITARY INSTALLATIONS. 
(a) STANDARDIZATION OF REQUIREMENTS.—The Secretary of 
Defense is authorized and encouraged to develop standard forms 
(to be known as a "standard performance work statement" and 
a "standard request for proposal") for use in the consideration 
for conversion to contractor performance of commercial services 
and functions at military installations. A separate standard form 
shall be developed for each service and function. 
(b) 
RELATIONSHIP 
TO O M B REQUIREMENTS.—A 
standard 
performgmce work statement or a standard request for proposal 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1715 
developed under subsection (a) must fulfill the basic requirements 
of the performance work statement or request for proposal otherwise 
required under the procedures and requirements of Office of 
Management and Budget Circular A-76 (or any successor adminis-
trative regulation or policy) in effect at the time the standard 
form will be used. 
(c) PRIORITY DEVELOPMENT OF CERTAIN FORMS.—In developing 
standard performance work statements and standard requests for 
proposal, the Secretary shall give first priority to those commercial 
services and functions that the Secretary determines have been 
successfully converted to contractor performance on a repeated 
basis. 
(d) INCENTIVE FOR USE.—Beginning not later than October 
1, 1998, if a standard performance work statement or a standard 
request for proposal is developed under subsection (a) for a particu-
lar service and function, the standard form may be used in lieu 
of the performance work statement or request for proposal otherwise 
required under the procedures and requirements of Office of 
Management and Budget Circular A-76 in connection with the 
consideration for conversion to contractor performance of that serv-
ice or function at a military installation. 
(e) EXCLUSION OF MULTIFUNCTION CONVERSION.—If a commer-
cial service or function for which a standard form is developed 
under subsection (a) is combined with another service or function 
(for which such a form has not yet been developed) for purposes 
of considering the services and functions at the military installation 
for conversion to contractor performance, a standard performance 
work statement or a standard request for a proposal developed 
under subsection (a) may not be used in the conversion process 
in lieu of the procedures and requirements of Office of Management 
and Budget Circular A-76. 
(f) EFFECT ON OTHER LAWS.—Nothing in this section shall 
be construed to supersede any other requirements or limitations, 
specifically contained in chapter 146 of title 10, United States 
Code, on the conversion to contractor performance of activities 
performed by civilian employees of the Department of Defense. 
(g) GAO REPORT.—Not later than June 1, 1999, the Secretary 
of Defense shall submit to Congress a report reviewing the 
implementation of this section. 
(h) MILITARY INSTALLATION DEFINED.—For purposes of this sec-
tion, the term "military installation" means a base, camp, post, 
station, yard, center, homeport facility for any ship, or other activity 
under the jurisdiction of the Department of Defense, including 
any leased facility. 
SEC. 390. BASE OPERATIONS SUPPORT FOR MILITARY INSTALLATIONS 
ON GUAM. 
(a) CONTRACTOR USE OF NONIMMIGRANT ALIENS.—Each con-
tract for base operations support to be performed on Guam shall 
contain a condition that work under the contract may not be per-
formed by any alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(ii) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)). 
(b) APPLICATION OF SECTION.—This section shall apply to con-
tracts entered into, amended, or otherwise modified on or after 
the date of the enactment of this Act. 
I l l STAT. 1716 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 2304 
SEC. 391. WARRANTY CLAIMS RECOVERY PILOT PROGRAM. 
"°*®' 
(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense may 
carry out a pilot program to use commercial sources of services 
to improve the collection of Department of Defense claims under 
aircraft engine warranties. 
(b) CONTRACTS.—Exercising the authority provided in section 
3718 of title 31, United States Code, the Secretary of Defense 
may enter into contracts under the pilot program to provide for 
the following services: 
(1) Collection services. 
(2) Determination of amounts owed the Department of 
Defense for repair of aircraft engines for conditions covered 
by warranties. 
(3) Identification and location of the sources of information 
that are relevant to collection of Department of Defense claims 
under aircraft engine warranties, including electronic data 
bases and document filing systems maintained by the Depart-
ment of Defense or by the manufacturers and suppliers of 
the aircraft engines. 
(4) Services to define the elements necessary for an effective 
training program to enhance and improve the performance 
of Department of Defense personnel in collecting and organizing 
documents and other information that are necessary for efficient 
filing, processing, and collection of Department of Defense 
claims under aircraft engine warranties. 
(c) CONTRACTOR FEE.—Under the authority provided in section 
3718(d) of title 31, United States Code, a contract entered into 
under the pilot program shall provide for the contractor to be 
paid, out of the amount recovered by the contractor under the 
program, such percentages of the amount recovered as the Secretary 
of Defense determines appropriate. 
(d) RETENTION OF RECOVERED FUNDS.—Subject to any obhga-
tion to pay a fee under subsection (c), any amount collected for 
the Department of Defense under the pilot program for a repair 
of an aircraft engine for a condition covered by a warranty shall 
be credited to an appropriation available for repair of aircraft 
engines for the fiscal year in which collected and shall be available 
for the same purposes and same period as the appropriation to 
which credited. 
(e) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section. 
(f) TERMINATION OF AUTHORITY.—The pilot program shall termi-
nate on September 30, 1999, and contracts entered into under 
this section shall terminate not later than that date. 
(g) REPORTING REQUIREMENTS.—(1) Not later than January 
1, 2000, the Secretary of Defense shall submit to Congress a report 
on the pilot program. The report shall include the following: 
(A) The number of contracts entered into under the pro-
gram. 
(B) The extent to which the services provided under the 
contracts resulted in financial benefits for the Federal Govern-
ment. 
(C) Any additional comments and recommendations that 
the Secretary considers appropriate regarding use of commer-
cial sources of services for collection of Department of Defense 
claims under aircraft engine warranties. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1717 
(2) Not later than March 1, 2000, the Comptroller General 
shall submit to Congress a report containing the results of a review 
by the Comptroller General of the pilot program. In the review, 
the Comptroller General shall— 
(A) assess the success of the methods used in the dem-
onstration program to identify and recover Department of 
Defense claims under aircraft engine warranties; 
(B) determine the total amount recovered by the Depart-
ment of Defense under the pilot program; 
(C) evaluate the report prepared by the Secretary under 
paragraph (1); and 
(D) develop recommendations for improving the process 
by which warranty claims are recovered by the Department 
of Defense. 
SEC. 392. PROGRAM TO INVESTIGATE FRAUD, WASTE, AND ABUSE 
10 USC 113 note. 
WITHIN DEPARTMENT OF DEFENSE. 
The Secretary of Defense shall maintain a specific coordinated 
program for the investigation of evidence of fraud, waste, and 
abuse within the Department of Defense, particularly fraud, waste, 
and abuse regarding finance and accounting matters. 
SEC. 
393. MULTITECHNOLOGY AUTOMATED READER CARD DEM-
ONSTRATION PROGRAM. 
(a) PROGRAM REQUIRED.—The Secretary of the Navy shall carry 
out a program to demonstrate expanded use of multitechnology 
automated reader cards throughout the Navy and the Marine Corps. 
The demonstration program shall include demonstration of the use 
of the so-called "smartship" technology of the ship-to-shore work 
load/offload program of the Navy. 
(b) PERIOD OF PROGRAM.—The Secretary shall carry out the 
demonstration program for two years beginning not later than 
January 1, 1998. 
(c) REPORT.—Not later than 90 days after termination of the 
demonstration program, the Secretary shall submit to Congress 
a report on the results of the program. 
(d) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 301(2) for operation and maintenance for the 
Navy, $36,000,000 shall be available for the demonstration program 
under this section, of which $6,300,000 shall be available for dem-
onstration of the use of the so-called "smartship" technology of 
the ship-to-shore work load/offload program of the Navy. 
SEC. 394. REDUCTION IN OVERHEAD COSTS OF INVENTORY CONTROL 
POINTS. 
(a) REPORT AND PLAN REQUIRED.—Not later than March 1, 
1998, the Secretary of Defense shall submit to Congress a report 
containing a plan to reduce overhead costs of the supply manage-
ment activities of the Defense Logistics Agency and the military 
departments (known as Inventory Control Points) so that the over-
head costs for each fiscal year after fiscal year 2000 do not exceed 
eight percent of net sales at standard price by Inventory Control 
Points during that year. 
(b) ADDITIONAL REPORT REQUIREMENT.—In addition to the plan, 
the report shall include the following: 
(1) An identification of inherently governmental, core and 
noncore functions in Inventory Control Points and Distribution 
Depots. 
I l l STAT. 1718 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) A description of efforts, other than prime vendor and 
virtual prime vendor, underway or proposed to improve the 
efficiency, incentives, and accountabiHty in Department of 
Defense supply, inventory and warehousing services and rates. 
(3) An identification and description of the benchmarks 
established in the warehousing, distribution, and supply func-
tions of the Department and the relationship of the benchmarks 
to performance measurement methods used in the private sec-
tor. 
(4) A description of the outcome-oriented performance 
measures that are currently being used to evaluate Inventory 
Control Points and Distribution Depots. 
(5) A specification of any legislative, regulatory, or oper-
ational impediments to achieving the requirement in subsection 
(a) 
and 
implementing 
best 
business 
practices 
in 
the 
warehousing, distribution, and supply functions of the Depart-
ment. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "overhead costs" means the total expenses 
of the Inventory Control Points, excluding— 
(A) annual materiel costs; and 
(B) military and civilian personnel related costs, 
defined as personnel compensation and benefits under the 
March 1996 Department of Defense Financial Management 
Regulations, Volume 2A, Chapter 1, Budget Account Title 
File (Object Classification Name/Code), object classifica-
tions 200, 211, 220, 221, 222, and 301. 
(2) The term "net sales at standard price" has the meaning 
given that term in the March 1996 Department of Defense 
Financial Management Regulations, Volume 2B, Chapter 9, 
and displayed in "Exhibit Fund—14 Revenue and Expenses" 
for the supply management business areas. 
10 use 2458 
SEC. 395. INVENTORY MANAGEMENT. 
^^' 
(a) DEVELOPMENT AND SUBMISSION OF SCHEDULE.—^Not later 
than 180 days after the date of the enactment of this Act, the 
Director of the Defense Logistics Agency shall develop and submit 
to Congress a schedule for implementing within the agency, for 
the supplies and equipment described in subsection (b), inventory 
practices identified by the Director as being the best commercial 
inventory practices for the acquisition and distribution of such 
supplies and equipment consistent with military requirements. The 
schedule shall provide for the implementation of such practices 
to be completed not later than three years after the date of the 
enactment of this Act. 
(b) COVERED SUPPLIES AND EQUIPMENT.—Subsection (a) shall 
apply to the following types of supplies and equipment for the 
Department of Defense: 
(1) Medical and pharmaceutical. 
(2) Subsistence. 
(3) Clothing and textiles. 
(4) Commercially available electronics. 
(5) Construction. 
(6) Industrial. 
(7) Automotive. 
(8) Fuel. 
(9) Facilities maintenance. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1719 
(c) DEFINITION.—For purposes of this section, the term "best 
commercial inventory practice" includes a so-called prime vendor 
arrangement and any other practice that the Director determines 
will enable the Defense Logistics Agency to reduce inventory levels 
and holding costs while improving the responsiveness of the supply 
system to user needs. 
(d) REPORT ON EXPANSION OF COVERED SUPPLIES AND EQUIP-
MENT.—Not later than March 1, 1998, the Comptroller General 
shall submit to Congress a report evaluating the feasibility of 
expanding the list of covered supplies and equipment under sub-
section (b) to include repairable items. 
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. 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 1998, as follows: 
(1) The Army, 495,000. 
(2) The Navy, 390,802. 
(3) The Marine Corps, 174,000. 
(4) The Air Force, 371,577. 
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO 
MAJOR REGIONAL CONTINGENCIES. 
(a) CHANGE IN PERMANENT END STRENGTHS.—Subsection (b) 
of section 691 of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking out "395,000" and inserting 
in Heu thereof "390,802"; and 
(2) in paragraph (4), by striking out "381,000" eind inserting 
in lieu thereof "371,577". 
(b) INCREASED FLEXIBILITY FOR THE ARMY.—Subsection (e) of 
such section is amended by inserting "or, in the case of the Army, 
by not more than 1.5 percent" before the period at the end. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
10 USC 12001 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30,1998, as follows: 
I l l STAT. 1720 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) The Army National Guard of the United States, 361,516. 
(2) The Army Reserve, 208,000. 
(3) The Naval Reserve, 94,294. 
(4) The Marine Corps Reserve, 42,000. 
(5) The Air National Guard of the United States, 108,002. 
(6) The Air Force Reserve, 73,447. 
(7) The Coast Guard Reserve, 8,000. 
(b) ADJUSTMENTS.—The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year, and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members are released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
10 use 12001 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
note. 
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 1998, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 22,310. 
(2) The Army Reserve, 11,500. 
(3) The Naval Reserve, 16,136. 
(4) The Marine Corps Reserve, 2,559. 
(5) The Air National Guard of the United States, 10,671. 
(6) The Air Force Reserve, 867. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STA-
TUS). 
10 use 115 note. 
(a) AUTHORIZATION FOR FISCAL YEAR 1998.—The minimum 
number of military technicians (dual status) as of the last day 
of fiscal year 1998 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following: 
(1) For the Army Reserve, 5,503. 
(2) For the Army National Guard of the United States, 
23 125. 
(3) For the Air Force Reserve, 9,802. 
(4) For the Air National Guard of the United States, 22,853. 
(b) REQUESTS FOR FUTURE FISCAL YEARS.—Section 115(g) of 
title 10, United States Code, is amended by adding at the end 
the following new sentence: "In each budget submitted by the 
President to Congress under section 1105 of title 31, the end 
strength requested for military technicians (dual status) for each 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1721 
reserve component of the Army and Air Force shall be specifically 
set forth.". 
Subtitle C—^Authorization of 
Appropriations 
SEC. 421. AUTHORIZATION 
OF APPROPRIATIONS 
FOR 
MILITARY 
PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1998 a total 
of $69,470,505,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 1998. 
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 
i^my 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. 
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. 
39-194 O - 97 - 21: QL 3 Part 2 
I l l STAT. 1722 
PUBLIC LAW 105-85—NOV. 18, 1997 
Subtitle E—Military Education and Training 
PAET 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 Grender-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. 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1723 
Subtitle A—Officer Personnel Policy 
SEC. 501. LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS 
WHO MAY SERVE IN POSITIONS OUTSIDE THEIR OWN 
SERVICE. 
(a) IN GENERAL.—Chapter 41 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 721. General and flag officers: limitation on appointments, 
assignments, details, and duties outside an offi-
cer's own service 
"(a) LIMITATION.—^An officer described in subsection (b) may 
not be appointed, assigned, or detailed for a period in excess of 
180 days to a position external to that officer's armed force if, 
immediately following such appointment, assignment, or detail, the 
number of officers described in subsection (b) serving in positions 
external to such officers' armed force would be in excess of 26.5 
percent of the total number of the officers described in subsection 
(b). 
"(b) COVERED OFFICERS.—The officers covered by subsection 
(a), and to be counted for the purposes of the limitation in that 
subsection, are the following: 
"(1) Any general or flag officer counted for purposes of 
section 526(a) of this title. 
"(2) Any general or flag officer serving in a joint duty 
assignment position designated by the Chairman of the Joint 
Chiefs of Staff under section 526(b) of this title. 
"(3) Any colonel or Navy captain counted for purposes 
of section 777(d)(1) of this title. 
"(c) EXTERNAL POSITIONS.—For purposes of this section, the 
following positions shall be considered to be external to an officer's 
armed force: 
"(1) Any position (including a position in joint education) 
that is a joint duty assignment for purposes of chapter 38 
of this title. 
"(2) Any position in the Office of the Secretary of Defense, 
a Defense Agency, or a Department of Defense Field Activity. 
"(3) Any position in the Joint Chiefs of Staff, the Joint 
Staff, or the headquarters of a combatant command (as defined 
in chapter 6 of this title). 
"(4) Any position in the National Guard Bureau. 
"(5) Any position outside the Department of Defense, 
including any position in the headquarters of the North Atlantic 
Treaty Organization or any other international military com-
mand, any combined or multinational command, or military 
mission. 
"(d) TREATMENT OF OFFICERS HOLDING MULTIPLE POSITIONS.— 
(1) If an officer described in subsection (b) simultaneously holds 
both a position external to that officer's armed force and another 
position not external to that officer's armed force, the Secretary 
of Defense shall determine whether that officer shall be counted 
for the purposes of this section. 
"(2) The Secretary of Defense shall submit to Congress an Reports. 
annual report on the number of officers to whom paragraph (1) 
was applicable during the year covered by the report. The report 
Ill STAT. 1724 
PUBLIC LAW 105-85—NOV. 18, 1997 
shall set forth the determination made by the Secretary under 
that paragraph in each such case. 
"(e) ASSIGNMENTS, ETC., FOR PERIODS IN EXCESS OF 180 DAYS.— 
For purposes of this section, the appointment, assignment, or detail 
of an officer to a position shall be considered to be for a period 
in excess of 180 days unless the appointment, assignment, or detail 
specifies that it is made for a period of 180 days or less. 
President. 
"(f) WAIVER DURING PERIOD OF WAR OR NATIONAL EMER-
GENCY.—The President may suspend the operation of this section 
during any period of war or of national emergency declared by 
Congress or the President.". 
(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: 
"721. General and flag officers: limitation on appointments, assignments, details, 
and duties outside an officer's own service.". 
SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS FROM LIMITA-
TION ON PERIOD OF RECALL TO ACTIVE DUTY. 
Section 688(e) of title 10, United States Code, is amended— 
(1) by inserting "(1)" before "A member"; and 
(2) by adding at the end the following: 
"(2) Paragraph (1) does not apply to the following officers: 
"(A) A chaplain who is assigned to duty as a chaplain 
for the period of active duty to which ordered. 
"(B) A health care professional (as characterized by the 
Secretary concerned) who is assigned to duty as a health care 
professional for the period of active duty to which ordered. 
"(C) An officer assigned to duty with the American Battle 
Monuments Commission for the period of active duty to which 
ordered.". 
SEC. 503. CLARIFICATION OF OFFICERS ELIGIBLE FOR CONSIDER-
ATION BY PROMOTION BOARDS. 
(a) OFFICERS ON THE ACTIVE-DUTY LIST.—Section 619(d) of 
title 10, United States Code, is amended— 
(1) by striking out "grade—" in the matter preceding para-
graph (1) and inserting in lieu thereof "grade any of the follow-
ing officers:"; 
(2) in paragraph (1)— 
(A) by striking out "an officer" and inserting in lieu 
thereof "An officer"; and 
(B) by striking out "; or" at the end and inserting 
in lieu thereof a period; 
(3) by redesignating paragraph (2) as paragraph (3) and 
in that paragraph striking out "an officer" and inserting in 
lieu thereof "An officer"; and 
(4) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) An officer who is recommended for promotion to that 
grade in the report of an earlier selection board convened 
under that section, in the case of such a report that has not 
yet been approved by the President.". 
(b) OFFICERS ON THE RESERVE ACTIVE-STATUS LIST.—Section 
14301(c) of such title is amended— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1725 
(1) by striking out "grade—" in the matter preceding para-
graph (1) £ind inserting in heu thereof "grade any of the 
following officers:"; 
(2) by striking out "an officer" in each of paragraphs (1), 
(2), and (3) and inserting in lieu thereof "An officer"; 
(3) by striking out the semicolon at the end of paragraph 
(1) and inserting in lieu thereof a period; 
(4) by striking out "; or" at the end of paragraph (2) 
and inserting in lieu thereof a period; 
(5) by redesignating paragraphs (2) and (3), as so amended, 
as paragraphs (3) and (4), respectively, and in each such para-
graph striking out "the next higher grade" and inserting in 
lieu thereof "that grade"; and 
(6) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) An officer who is recommended for promotion to that 
grade in the report of an earlier selection board convened 
under a provision referred to in paragraph (1), in the case 
of such a report that has not yet been approved by the Presi-
dent.". 
(c) CLARIFYING AMENDMENTS.—Paragraphs (3) and (4) of section 
14301(c) of such title, as redesignated and amended by subsection 
(b), are each amended by inserting before the period at the end 
the following: ", if that nomination is pending before the Senate". 
(d) EFFECTIVE DATE.—The amendments made by this section 
lo use 619 note, 
shall take effect on the date of the enactment of this Act and 
shall apply with respect to selection boards that are convened 
under section 611(a), 14101(a), or 14502 of title 10, United States 
Code, on or after that date. 
SEC. 504. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE 
OF OFFICERS SERVING AS CHAPLAINS. 
(a) AUTHORITY FOR DEFERRAL OF RETIREMENT FOR CHAP-
LAINS.—Subsection (c) of section 1251 of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) The Secretary concerned may defer the retirement under 
subsection (a) of an officer who is appointed or designated as a 
chaplain if the Secretary determines that such deferral is in the 
best interest of the military department concerned.". 
(b) AUTHORITY FOR DEFERRAL OF RETIREMENT FOR CHIEF AND 
DEPUTY CHIEF OF CHAPLAINS.—Such section is further amended 
by adding at the end the following new subsection: 
"(d) The Secretary concerned may defer the retirement under 
subsection (a) of an officer who is the Chief of Chaplains or Deputy 
Chief of Chaplains of that officer's armed force. Such a deferment 
may not extend beyond the first day of the month following the 
month in which the officer becomes 68 years of age.". 
(c) QUALIFICATION FOR SERVICE AS NAVY CHIEF OF CHAPLAINS 
O
R DEPUTY CHIEF OF CHAPLAINS.—(1) Section 5142(b) of such title 
is amended by striking out ", who are not on the retired list,". 
(2) Section 5142a of such title is amended by striking ", who 
is not on the retired list,". 
I l l STAT. 1726 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 505. INCREASE IN NUMBER OF OFFICERS ALLOWED TO BE 
FROCKED TO GRADES OF COLONEL AND NAVY CAPTAIN. 
Section 777(d)(2) of title 10, United States Code, is amended 
by inserting after "1 percent" the following: ", or, for the grades 
of colonel and Navy captain, 2 percent,". 
SEC. 506. INCREASED YEARS OF COMMISSIONED SERVICE FOR MANDA-
TORY 
RETIREMENT 
OF REGULAR 
GENERALS AND 
ADMIRALS IN GRADES ABOVE MAJOR GENERAL AND 
REAR ADMIRAL. 
(a) YEARS OF SERVICE.—Section 636 of title 10, United States 
Code, is amended— 
(1) by striking out "Except as provided" and inserting in 
Heu thereof "(a) MAJOR GENERALS AND REAR ADMIRALS SERVING 
IN GRADE.—Except as provided in subsection (b) or (c) and"; 
and 
(2) by adding at the end the following: 
"(b) LIEUTENANT 
GENERALS AND VICE ADMIRALS.—In the 
administration of subsection (a) in the case of an officer who is 
serving in the grade of lieutenant general or vice admiral, the 
number of years of active commissioned service applicable to the 
officer is 38 years. 
"(c) GENERALS AND ADMIRALS.—In the administration of sub-
section (a) in the case of an officer who is serving in the grade 
of general or admiral, the number of years of active commissioned 
service applicable to the officer is 40 years.". 
(b) SECTION HEADING.—The heading of such section is amended 
to read as follows: 
"§636. Retirement for years of service: regular ofKcers in 
grades above brigadier general and rear admiral 
(lower half)'*. 
(c) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of subchapter III of chapter 
36 of such title is amended to read as follows: 
"636. Retirement for years of service: regular officers in grades above brigadier gen-
eral and rear admiral (lower half).". 
SEC. 507. UNIFORM POLICY FOR REQUIREMENT OF EXEMPLARY CON-
DUCT BY COMMANDING 
OFFICERS AND OTHERS IN 
AUTHORITY. 
(a) ARMY.—(1) Chapter 345 of title 10, United States Code, 
is amended by adding at the end the following new section: 
^'§ 3583. Requirement of exemplary conduct 
"All commanding officers and others in authority in the Army 
are required— 
"(1) to show in themselves a good example of virtue, honor, 
patriotism, and subordination; 
"(2) to be vigilant in inspecting the conduct of all persons 
who are placed under their command; 
"(3) to guard against and suppress all dissolute and 
immoral practices, and to correct, according to the laws and 
regulations of the Army, all persons who are guilty of them; 
8ind 
"(4) to take all necessary and proper measures, under the 
laws, regulations, and customs of the Army, to promote and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1727 
safeguard the morale, the physical well-being, and the general 
welfare of the officers and enlisted persons under their com-
mand or charge.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3583. Requirement of exemplary conduct.". 
(b) AIR FORCE.—(1) Chapter 845 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 8583. Requirement of exemplary conduct 
"All commanding officers and others in authority in the Air 
Force are required— 
"(1) to show in themselves a good example of virtue, honor, 
patriotism, and subordination; 
"(2) to be vigilant in inspecting the conduct of all persons 
who are placed under their command; 
"(3) to guard against and suppress all dissolute and 
immoral practices, and to correct, according to the laws and 
regulations of the Air Force, all persons who are guilty of 
them; and 
"(4) to take all necessary and proper measures, under the 
laws, regulations, and customs of the Air Force, to promote 
and safeguard the morale, the physical well-being, and the 
general welfare of the officers and enlisted persons under their 
command or charge.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"8583. Requirement of exemplary conduct.". 
SEC. 508. REPORT ON THE COMMAND SELECTION PROCESS FOR DIS-
TRICT ENGINEERS OF THE ARMY CORPS OF ENGINEERS. 
Not later than March 31, 1998, the Secretary of the Army 
shall submit to Congress a report on the command selection process 
for officers serving as District Engineers of the Corps of Engineers. 
The report shall include the following: 
(1) An identification of each major Corps of Engineers 
project that— 
(A) is being carried out by each District Engineer as 
of the date of the report; or 
(B) is being planned by each District Engineer to be 
carried out during the five-year period beginning on the 
date of the report. 
(2) The expected start and completion dates, during that 
period, for each major phase of each project identified under 
paragraph (1). 
(3) The expected dates for changes in the District Engineer 
in each Corps of Engineers District during that period. 
(4) A plan for optimizing the timing of changes in the 
District Engineer in each such District so that there is minimal 
disruption to major phases of major Corps of Engineers projects. 
(5) A review of the effect on the Corps of Engineers, and 
on the mission of each District of the Corps of Engineers, 
of allowing major command tours of District Engineers to be 
of two-to-four years in duration, with the selection of the exact 
timing of the change of command to be at the discretion of 
the Chief of Engineers, who shall act with the goal of optimizing 
I l l STAT. 1728 
PUBLIC LAW 105-85—NOV. 18, 1997 
the timing of each change so that it has minimal disruption 
on the mission of the District Engineer. 
Subtitle B—^Reserve Component Matters 
SEC. 511. INDIVroUAL READY RESERVE ACTIVATION AUTHORITY. 
(a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE DUTY OTHER 
THAN DURING WAR OR NATIONAL EMERGENCY.—Section 10144 of 
title 10, United States Code, is amended— 
(1) by inserting "(a)" before "Within the Ready Reserve"; 
and 
(2) by adding at the end the following new subsection: 
"(b)(1) Within the Individual Ready Reserve of each reserve 
component there is a category of members, as designated by the 
Secretary concerned, who are subject to being ordered to active 
duty involuntarily in accordance with section 12304 of this title. 
A member may not be placed in that mobilization category unless— 
"(A) the member volunteers for that category; and 
"(B) the member is selected for that category by the Sec-
retary concerned, based upon the needs of the service and 
the grade and military skills of that member. 
"(2) A member of the Individual Ready Reserve may not be 
carried in such mobilization category of members after the end 
of the 24-month period beginning on the date of the separation 
of the member from active service. 
"(3) The Secretary shall designate the grades and military 
skills or specialities of members to be eligible for placement in 
such mobilization category. 
"(4) A member in such mobilization category shall be eligible 
for benefits (other than pay and training) as are normally available 
to members of the Selected Reserve, as determined by the Secretary 
of Defense.". 
(b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—Subsection (a) 
of section 12304 of title 10, United States Code, is amended by 
inserting after "of this title)," the following: "or any member in 
the Individual Ready Reserve mobilization category and designated 
as essential under regulations prescribed by the Secretary con-
cerned,". 
(c) MAXIMUM NUMBER.—Subsection (c) of such section is 
amended— 
(1) by inserting "and the Individual Ready Reserve" after 
"Selected Reserve"; and 
(2) by inserting ", of whom not more than 30,000 may 
be members of the Individual Ready Reserve" before the period 
at the end. 
(d) 
CONFORMING AMENDMENTS.—Such section is further 
amended— 
(1) in subsection (f), by inserting "or Individual Ready 
Reserve" after "Selected Reserve"; 
(2) in subsection (g), by inserting ", or any member of 
the Individual Ready Reserve," after "to serve as a unit"; and 
(3) by adding at the end the following new subsection: 
"(i) For purposes of this section, the term Individual Ready 
Reserve mobilization category' means, in the case of any reserve 
component, the category of the Individual Ready Reserve described 
in section 10144(b) of this title.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1729 
(e) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§12304. Selected Reserve and certain Individual Ready 
Reserve members; order to active duty other than 
during war or national emergency". 
(2) The item relating to section 12304 in the table of sections 
at the beginning of chapter 1209 of such title is amended to read 
as follows: 
"12304. Selected Reserve and certain Individual Ready Reserve members; order to 
active duty other than during war or national emergency.". 
SEC, 512. TERMINATION OF MOBILIZATION INCOME INSURANCE PRO-
GRAM. 
(a) IN GENERAL.—Chapter 1214 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§ 12533. Termination of program 
"(a) IN GENERAL.—The Secretary shall terminate the insurance 
program in accordance with this section. 
"(b) TERMINATION OF NEW ENROLLMENTS.—The Secretary may 
not enroll a member of the Ready Reserve for coverage under 
the insurance program after the date of the enactment of this 
section. 
"(c) TERMINATION OF COVERAGE.—(1) The enrollment under 
the insurance program of insured members other than insured 
members described in paragraph (2) is terminated as of the date 
of the enactment of this section. The enrollment of an insured 
member described in paragraph (2) is terminated as of the date 
of the termination of the period of covered service of that member 
described in that paragraph. 
"(2) An insured member described in this paragraph is an 
insured member who on the date of the enactment of this section 
is serving on covered service for a period of service, or has been 
issued an order directing the performance of covered service, that 
satisfies or would satisfy the entitlement-to-benefits provisions of 
this chapter. 
"(d) TERMINATION OF PAYMENT OF BENEFITS.—The Secretary 
may not make any benefit payment under the insurance program 
after the date of the enactment of this section other than to an 
insured member who on that date (1) is serving on an order to 
covered service, (2) has been issued an order directing performance 
of covered service, or (3) has served on covered service before 
that date for which benefits under the program have not been 
paid to the member. 
"(e) TERMINATION OF INSURANCE FUND.—The Secretary shall 
close the Fund not later than 60 days after the date on which 
the last benefit payment from the Fund is made. Any amount 
remaining in the Fund when closed shall be covered into the Treas-
ury as miscellaneous receipts.". 
(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: 
"12533. Termination of program.". 
I l l STAT. 1730 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE 
AND DEATH AND DISABILITY BENEFITS FOR RESERVE 
MEMBERS WHO INCUR OR AGGRAVATE AN ILLNESS IN 
THE LINE OF DUTY. 
(a) MEDICAL AND DENTAL CARE FOR MEMBERS.—Section 1074a 
of title 10, United States Code, is amended— 
(1) in subsection (a)(3), by inserting "while remaining over-
night immediately before the commencement of inactive-duty 
training, or" after "in the line of duty"; and 
(2) by adding at the end the following new subsection: 
"(e) A member of a uniformed service described in paragraph 
(1)(A) or (2)(A) of subsection (a) whose orders are modified or 
extended, while the member is being treated for (or recovering 
from) the injury, illness, or disease incurred or aggravated in the 
line of duty, so as to result in active duty for a period of more 
than 30 days shall be entitled, while the member remains on 
active duty, to medical and dental care on the same basis and 
to the same extent as members covered by section 1074(a) of this 
title.". 
(b) MEDICAL AND DENTAL CARE FOR DEPENDENTS.—Section 
1076(a) of such title is amended by striking out paragraph (2) 
and inserting in lieu thereof the following new paragraph: 
"(2) A dependent referred to in paragraph (1) is a dependent 
of a member of a uniformed service described in one of the following 
subparagraphs: 
"(A) A member who is on active duty for a period of more 
than 30 days or died while on that duty. 
"(B) A member who died from an injury, illness, or disease 
incurred or aggravated— 
"(i) while the member was on active duty under a 
call or order to active duty of 30 days or less, on active 
duty for training, or on inactive-duty training; or 
"(ii) while the member was traveling to or from the 
place at which the member was to perform, or had per-
formed, such active duty, active duty for training, or inac-
tive-duty training. 
"(C) A member who died from an injury, illness, or disease 
incurred or aggravated in the line of duty while the member 
remained overnight immediately before the commencement of 
inactive-duty training, or while the member remained overnight 
between successive periods of inactive-duty training, at or in 
the vicinity of the site of the inactive-duty training, if the 
site was outside reasonable commuting distance from the mem-
ber's residence. 
"(D) A member who incurred or aggravated an injury, 
illness, or disease in the line of duty while serving on active 
duty for a period of 30 days or less (or while traveling to 
or from the place of such duty) and the member's orders are 
modified or extended, while the member is being treated for 
(or recovering fi*om) the injury, illness, or disease, so as to 
result in active duty for a period of more than 30 days. However, 
this subparagraph entitles the dependent to medical and dental 
care only while the member remains on active duty.". 
(c) ELIGIBILITY FOR DISABILITY RETIREMENT OR SEPARATION.— 
(1) Section 1204(2) of such title is amended to read as follows: 
"(2) the disability— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1731 
"(A) was incurred before September 24, 1996, as the 
proximate result o
f
— 
"(i) performing active duty or inactive-duty train-
ing; 
"(ii) traveling directly to or from the place at which 
such duty is performed; or 
"(iii) an injury, illness, or disease incurred or 
aggravated while remaining overnight, immediately 
before the commencement of inactive-duty training, or 
while remaining overnight between successive periods 
of inactive-duty training, at or in the vicinity of the 
site of the inactive-duty training, if the site of the 
inactive-duty training is outside reasonable commuting 
distance of the member's residence; or 
"(B) is a result of an injury, illness, or disease incurred 
or aggravated in line of duty after September 23, 1996— 
"(i) while performing active duty or inactive-duty 
training; 
"(ii) while traveling directly to or from the place 
at which such duty is performed; or 
"(iii) while remaining 
overnight, 
immediately 
before the commencement of inactive-duty training, or 
while remaining overnight between successive periods 
of inactive-duty training, at or in the vicinity of the 
site of the inactive-duty training, if the site of the 
inactive-duty training is outside reasonable commuting 
distance of the member's residence;". 
(2) Section 1206 of such title is amended— 
(A) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively, and 
(B) by inserting after paragraph (1) the following new 
paragraph (2): 
"(2) the disability is a result of an injury, illness, or disease 
incurred or aggravated in line of duty while— 
"(A) performing active duty or inactive-duty training; 
"(B) traveling directly to or from the place at which 
such duty is performed; or 
"(C) while remaining overnight immediately before the 
commencement of inactive-duty training, or while remain-
ing overnight between successive periods of inactive-duty 
training, at or in the vicinity of the site of the inactive-
duty training, if the site is outside reasonable commuting 
distance of the member's residence;", 
(d) CONFORMING AMENDMENTS AND RELATED CLERICAL AMEND-
MENTS.—(1) The heading of section 1204 of title 10, United States 
Code, is amended to read as follows: 
''§ 1204. Members on active duty for 30 days or less or on 
inactive-duty training: retirement". 
(2) The heading of section 1206 of such title is amended to 
read as follows: 
"§ 1206. Members on active duty for 30 days or less or on 
inactive-duty training: separation". 
(3) The table of sections at the beginning of chapter 61 of 
such title is amended— 
I l l STAT. 1732 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) by striking out the item relating to section 1204 and 
inserting in lieu thereof the following: 
"1204. Members on active duty for 30 days or less or on inactive-duty training: 
retirement."; 
and 
(B) by striking out the item relating to section 1206 and 
inserting in lieu thereof the following: 
"1206. Members on active duty for 30 days or less or on inactive-duty training: 
separation.". 
(e) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section 
1481(a)(2)(D) of such title is amended by inserting "remaining over-
night immediately before the commencement of inactive-duty train-
ing, or" after "(D)". 
(f) ENTITLEMENT TO BASIC PAY.—Section 204 of title 37, United 
States Code, is amended by inserting "while remaining overnight 
immediately before the commencement of inactive-duty training, 
or" in subsections (g)(1)(D) and (h)(1)(D) after "in line of duty". 
(g) COMPENSATION FOR INACTIVE-DUTY 
TRAINING.—Section 
206(a)(3)(C) of title 37, United States Code, is amended by inserting 
"while remaining overnight immediately before the commencement 
of inactive-duty training, or" after "in line of duty". 
SEC. 514. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO 
BE CONSIDERED BY VACANCY PROMOTION BOARD TO 
GENERAL OFFICER GRADES. 
(a) CONVENING OF SELECTION BOARDS.—Section 14101(a)(2) of 
title 10, United States Code, is amended by striking out "(except 
in the case of a board convened to consider officers as provided 
in section 14301(e) of this title)". 
(b) ELIGIBILITY FOR CONSIDERATION OF CERTAIN ARMY OFFI-
CERS.—Section 14301 of such title is amended— 
(1) by striking out subsection (e); and 
(2) by redesignating subsections (f) and (g) as subsections 
(e) and (f), respectively. 
(c) GENERAL OFFICER PROMOTIONS.—Section 14308 of such title 
is amended— 
(1) in subsection (e)(2), by inserting "a grade below colonel 
in" after "(2) an officer in"; and 
(2) in subsection (g)— 
(A) by inserting "or the Air Force" in the first sentence 
after "of the Army" the first place it appears; 
(B) by striking out "in that grade" in the first sentence 
and all that follows through "Secretary of the Army" and 
inserting in lieu thereof "in the Army Reserve or the Air 
Force Reserve, as the case may be, in that grade"; and 
(C) by striking out the second sentence. 
(d) VACANCY PROMOTIONS.—Section 14315(b)(1) of such title 
is amended by striking out "duties" in clause (A) and all that 
follows through "as a unit," and inserting in lieu thereof "duties 
of a general officer of the next higher reserve grade in the Army 
Reserve,". 
SEC. 515. PROHIBITION ON USE OF AIR FORCE RESERVE AGR PERSON-
NEL FOR AIR FORCE BASE SECURITY FUNCTIONS. 
(a) IN GENERAL.—Chapter 1215 of title 10, United States Code, 
is amended by striking out 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1733 
"[No present sections]" 
and inserting in lieu thereof the following: 
"Sec. 
12551. Prohibition of use of Air Force Reserve AGR personnel for Air Force base 
security functions. 
"§ 12551. Prohibition of use of Air Force Reserve AGR person-
nel for Air Force base security functions 
"(a) LIMITATION.—The Secretary of the Air Force may not use 
members of the Air Force Reserve who are AGR personnel for 
the performance of force protection, base security, or security police 
functions at an Air Force facility in the United States. 
"(b) AGR PERSONNEL DEFINED.—In this section, the term 'AGR 
personnel' means members of the Air Force Reserve who are on 
active duty (other than for training) in connection with organizing, 
administering, recruiting, instructing, or training the Air Force 
Reserve.". 
(b) CLERICAL AMENDMENT.—The items relating to chapter 1215 
in the tables of chapters at the beginning of subtitle E, and at 
the beginning of part II of subtitle E, are amended to read as 
follows: 
"1215. Miscellaneous Prohibitions and Penalties 
12551". 
SEC. 516. 
INVOLUNTARY 
SEPARATION 
OF 
RESERVE 
OFFICERS 
IN 
AN 
INACTIVE 
STATUS. 
(a) AUTHORITY FOR INVOLUNTARY SEPARATION OF CERTAIN INAC-
TIVE STATUS OFFICERS.—Section 12683(b) of title 10, United States 
Code, is amended— 
(1) in the matter preceding paragraph (1), by striking out 
"apply—" and inserting in lieu thereof "apply to any of the 
following:"; and 
(2) by adding at the end the following new paragraph: 
"(4) A separation of an officer who is in an inactive status 
in the Standby Reserve and who is not qualified for transfer 
to the Retired Reserve or is qualified for transfer to the Retired 
Reserve and does not apply for such a transfer.". 
(b) 
STYLISTIC 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in paragraphs (1), (2), and (3), by striking out "to 
a" and inserting in lieu thereof "A"; 
(2) by striking out the semicolon at the end of paragraph 
(1) and inserting in lieu thereof a period; and 
(3) by striking out "; and" at the end of paragraph (2) 
and inserting in lieu thereof a period. 
SEC. 517. FEDERAL STATUS OF SERVICE BY NATIONAL GUARD MEM-
BERS AS HONOR GUARDS AT FUNERALS OF VETERANS. 
(a) IN GENERAL.—(1) Chapter 1 of title 32, United States Code, 
is amended by adding after section 113, as added by section 386(a), 
the following new section: 
''§ 114. Honor guard functions at funerals for veterans 
"(a) Subject to such regulations and restrictions as may be 
prescribed by the Secretary concerned, the performance of honor 
guard functions by members of the National Guard at funerals 
for veterans of the armed forces may be treated by the Secretary 
I l l STAT. 1734 
PUBLIC LAW 105-85—NOV. 18, 1997 
concerned as a Federal function for which appropriated funds may 
be used. Any such performance of honor guard functions at such 
a funeral may not be considered to be a period of drill or training 
otherwise required. 
"(b) This section does not authorize additional appropriations 
for any fiscal year. Any expense of the National Guard that is 
incurred by reason of this section shall be paid from appropriations 
otherwise available for the National Guard.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 113, as added by section 386(b), the following new item: 
"114. Honor guard functions at funerals for veterans.". 
Subtitle C—^Military Technicians 
SEC. 521. AUTHORITY TO RETAIN ON THE RESERVE ACTIVE-STATUS 
LIST UNl'IL AGE 60 MILITARY TECHNICIANS IN THE 
GRADE OF BRIGADIER GENERAL. 
(a) RETENTION.—Section 14702(a) of title 10, United States 
Code, is amended— 
(1) by striking out "section 14506 or 14507" £ind inserting 
in lieu thereof "section 14506, 14507, or 14508"; and 
(2) by striking out "or colonel" and inserting in lieu thereof 
"colonel, or brigadier general". 
(b) TECHNICAL AMENDMENT.—Section 14508(c) of such title is 
amended by striking out "not later than the date on which the 
officer becomes 60 years of age" and inserting in lieu thereof "not 
later than the last day of the month in which the officer becomes 
60 years of age". 
SEC. 522. MILITARY TECHNICIANS (DUAL STATUS). 
(a) DEFINITION.—Subsection (a) of section 10216 of title 10, 
United States Code, is amended to read as follows: 
"(a) IN GENERAL.—(1) For purposes of this section and any 
other provision of law, a military technician (dual status) is a 
Federal civilian employee who— 
"(A) is employed under section 3101 of title 5 or section 
709 of title 32; 
"(B) is required as a condition of that employment to main-
tain membership in the Selected Reserve; and 
"(C) is assigned to a position as a technician in the adminis-
tration and training of the Selected Reserve or in the mainte-
nance and repair of supplies or equipment issued to the Selected 
Reserve or the armed forces. 
"(2) Military technicians (dual status) shall be authorized and 
accounted for as a separate category of civilian employees.". 
(b) UNIT MEMBERSHIP AND DUAL STATUS REQUIREMENT.—Such 
section is further amended by striking out subsection (d) and insert-
ing in lieu thereof the following: 
"(d) UNIT MEMBERSHIP REQUIREMENT.—(1) Unless specifically 
exempted by law, each individual who is hired as a military techni-
cian (dual status) after December 1, 1995, shall be required as 
a condition of that emplojnnent to maintain membership in— 
"(A) the unit of the Selected Reserve by which the individ-
ual is employed as a military technician; or 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1735 
"(B) a unit of the Selected Reserve that the individual 
is employed as a military technician to support. 
"(2) Paragraph (1) does not apply to a military technician 
(dual status) who is employed by the Army Reserve in an area 
other than Army Reserve troop program units. 
"(e) DUAL STATUS REQUIREMENT.—(1) Funds appropriated for 
the Department of Defense may not (except as provided in para-
graph (2)) be used for compensation as a military technician of 
any individual hired as a military technician after February 10, 
1996, who is no longer a member of the Selected Reserve. 
"(2) The Secretary concerned may pay compensation described 
in paragraph (1) to an individual described in that paragraph 
who is no longer a member of the Selected Reserve for a period 
not to exceed six months following the individual's loss of member-
ship in the Selected Reserve if the Secretary determines that such 
loss of membership was not due to the failure of that individual 
to meet military standards.". 
(c) NATIONAL GUARD DUAL STATUS REQUIREMENT.—Section 
709(b) of title 32, United States Code, is amended by striking 
out "Except as prescribed by the Secretary concerned, a technician" 
and inserting in lieu thereof "A technician". 
(d) PLAN FOR CLARIFICATION OF STATUTORY AUTHORITY OF MILI-
TARY TECHNICIANS.—(1) The Secretary of Defense shall submit to 
Congress, as part of the budget justification materials submitted 
in support of the budget for the Department of Defense for fiscal 
year 1999, a legislative proposal to provide statutory authority 
and clarification under title 5, United States Code— 
(A) for the hiring, management, promotion, separation, and 
retirement of military technicians who are employed in support 
of luiits of the Army Reserve or Air Force Reserve; and 
(B) for the transition to the competitive service of an 
individual who is hired as a military technician in support 
of a unit of the Army Reserve or Air Force Reserve and who 
(as determined by the Secretary concerned) fails to maintain 
membership in the Selected Reserve through no fault of the 
individual. 
(2) The legislative proposal under paragraph (1) shall be devel-
oped in consultation with the Director of the Office of Personnel 
Management. 
(e) CONFORMING REPEAL.—Section 8016 of PubHc Law 104-
61 (109 Stat. 654; 10 U.S.C. 10101 note) is repealed. 
(f) CROSS-REFERENCE CORRECTIONS.—Section 10216(c)(1) of 
title 10, United States Code, is amended by striking out "subsection 
(a)(1)" in subparagraphs (A), (B), (C), and (D) and inserting in 
lieu thereof "subsection (b)(1)". 
(g) CONFORMING AMENDMENTS TO SECTION 10216.—Section 
10216 of title 10, United States Code, is further amended as follows: 
(1) The heading of subsection (b) is amended by inserting 
"(DUAL STATUS)" after "MILITARY TECHNICIANS". 
(2) Subsection (b)(1) is amended— 
(A) by inserting "(dual status)" after "for military 
technicicins"; 
(B) by striking out "dual status military techniciguis" 
and inserting in lieu thereof "military technicians (dual 
status)"; and 
(C) by inserting "(dual status)" after "military techni-
cians" in subparagraph (C). 
I l l STAT. 1736 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) Subsection (b)(2) is amended by inserting "(dual status)" 
after "military technicians" both places it appears. 
(4) Subsection (b)(3) is amended by inserting "(dual status)" 
after "Military technician". 
(5) Subsection (c) is amended— 
(A) in the matter preceding paragraph (1)(A), by insert-
ing "(dual status)" after "military technicians"; 
(B) in paragraph (1), by striking out "dual-status 
technicians" in subparagraphs (A), (B), (C), and (D) and 
inserting in lieu thereof "military technicians (dual status)"; 
(C) in paragraph (2)(A), by inserting "(dual status)" 
after "military technician"; and 
(D) 
in 
paragraph 
(2)(B), 
by 
striking 
out 
"delineate—" and all that follows through "or other reasons" 
in clause (ii) and inserting in lieu thereof "delineate the 
specific force structure reductions". 
(h) CLERICAL AMENDMENTS.—(1) The heading of section 10216 
of such title is amended to read as follows: 
"§ 10216. Military technicians (dual status)". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 1007 of such title is amended to read 
as follows: 
"10216. Military technicians (dual status).". 
(i) OTHER CONFORMING AMENDMENTS.—(1) Section 115(g) of 
such title is amended by inserting "(dual status)" in the first sen-
tence after "military technicians" and in the second sentence after 
"military technician". 
(2) Section 115a(h) of such title is amended— 
(A) by inserting "(displayed in the aggregate and separately 
for military technicians (dual status) and non-dual status mili-
tary technicians)" in the matter preceding paragraph (1) after 
"of the following"; and 
(B) by striking out paragraph (3). 
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS. 
(a) IN GENERAL.—(1) Chapter 1007 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 10217. Non-dual status military technicians 
"(a) DEFINITION.—For the purposes of this section and any 
other provision of law, a non-dual status military technician is 
a civilian employee of the Department of Defense serving in a 
military technicigin position who— 
"(1) was hired as a military technician before the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998 under any of the authorities specified 
in subsection (c); and 
"(2) as of the date of the enactment of that Act is not 
a member of the Selected Reserve or after such date ceased 
to be a member of the Selected Reserve. 
"(b) EMPLOYMENT AUTHORITIES.—The authorities referred to 
in subsection (a) are the following: 
"(1) Section 10216 of this title. 
"(2) Section 709 of title 32. 
"(3) The requirements referred to in section 8401 of 
title 5. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1737 
"(4) Section 8016 of the Department of Defense Appropria-
tions Act, 1996 (Public Law 104-61; 109 Stat. 654), and any 
comparable provision of law enacted on an annual basis in 
the Department of Defense Appropriations Acts for fiscal years 
1984 through 1995. 
"(5) Any memorandum of agreement between the Depart-
ment of Defense and the Office of Personnel Management 
providing for the hiring of military technicians.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"10217. Non-dual status military technicians.". 
(b) LIMITATION.—The number of civilian employees of a military 
department who are non-dual status military technicians as of 
September 30,1998, may not exceed the following: 
(1) For the Army Reserve, 1,500. 
(2) For the Army National Guard of the United States, 
2,400. 
(3) For the Air Force Reserve, 0. 
(4) For the Air National Guard of the United States, 450. 
(c) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report containing the number of military technician 
positions that are held by non-dual status military technicians 
as of September 30, 1997, shown separately for each of the following: 
(1) The Army Reserve. 
(2) The Army National Guard of the United States. 
(3) The Air Force Reserve. 
(4) The Air National Guard of the United States. 
(d) 
PLAN FOR FULL UTILIZATION OF MILITARY TECHNICIANS lo use 10217 
(DUAL STATUS).—(1) Not later than 180 days after the date of note. 
the enactment of this Act, the Secretary of Defense shall submit 
to Congress a plan for ensuring that, on and after September 
30, 2007, all military technician positions are held only by military 
technicians (dual status). 
(2) The plan shall provide for achieving, by September 30, 
2002, a 50 percent reduction, by conversion of positions or otherwise, 
in the number of non-dual status military technicians that are 
holding military technicians positions, as compared with the number 
of non-dual status technicians that held military technician posi-
tions as of September 30, 1997, as specified in the report under 
subsection (c). 
(3) Among the alternative actions to be considered in developing 
the plan, the Secretary shall consider the feasibility and cost of 
each of the following: 
(A) Eliminating or consolidating technician functions and 
positions. 
(B) Contracting with private sector sources for the perform-
ance of functions performed by military technicians. 
(C) Converting non-dual status military technician posi-
tions to military technician (dual status) positions or to posi-
tions in the competitive service or, in the case of positions 
of the Army National Guard of the United States or the Air 
National Guard of the United States, to positions of State 
emplo5nnent. 
(D) Use of incentives to facilitate attainment of the objec-
tives specified for the plan in paragraphs (1) and (2). 
I l l STAT. 1738 
PUBLIC LAW 105-85—NOV. 18, 1997 
(4) The Secretary shall submit with the plan any recommenda-
tions for legislation that the Secretary considers necessary to carry 
out the plan. 
(e) DEFINITIONS FOR CATEGORIES OF MILITARY TECHNICIANS.— 
In this section: 
(1) The term "non-dual status military technician" has 
the meaning given that term in section 10217 of title 10, 
United States Code, as added by subsection (a). 
(2) The term "military technician (dual status)" has the 
meaning given the term in section 10216(a) of such title. 
SEC. 524. REPORT ON FEASIBILITY AND DESIRABILITY OF CONVER-
SION OF AGR PERSONNEL TO MILITARY TECHNICIANS 
(DUAL STATUS). 
(a) REPORT REQUIRED.—Not later than January 1, 1998, the 
Secretary of Defense shall submit to Congress a report on the 
feasibility and desirability of conversion of AGR personnel to mili-
tary technicians (dual status). The report shall— 
(1) identify advantages and disadvantages of such a conver-
sion; 
(2) identify possible savings if such a conversion were to 
be carried out; and 
(3) set forth the recommendation of the Secretary as to 
whether such a conversion should be made. 
(b) AGR PERSONNEL DEFINED.—For purposes of subsection (a), 
the term "AGR personnel" means members of the Army or Air 
Force reserve components who are on active duty (other than for 
training) in connection with organizing, administering, recruiting, 
instructing, or training their respective reserve components. 
1
0 use 5
0
3 n
o
t
e
. Subtltle D—Mcasures To Improve Recruit 
Quality and Reduce Recruit Attrition 
SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense shall carry out 
reforms in the recruiting systems of the Army, Navy, Air Force, 
and Marine Corps in order to improve the quality of new recruits 
and to reduce attrition among recruits. 
(b) SPECIFIC REFORMS.—As part of the reforms in military 
recruiting systems to be undertaken under subsection (a), the Sec-
retary shall take the following steps: 
(1) Improve the system of pre-enlistment waivers and sepa-
ration codes used for recruits by (A) revising and updating 
those waivers and codes to allow more accurate and useful 
data collection about those separations, and (B) prescribing 
regulations to ensure that those waivers and codes are inter-
preted in a uniform manner by the military services. 
(2) Develop a reliable database for (A) analyzing (at both 
the Department of Defense and service-level) data on reasons 
for attrition of new recruits, and (B) undertaking Department 
of Defense or service-specific measures (or both) to control 
and manage such attrition. 
(3) Require that the Secretary of each military department 
(A) adopt or strengthen incentives for recruiters to thoroughly 
prescreen potential candidates for recruitment, and (B) link 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1739 
incentives for recruiters, in part, to the ability of a recruiter 
to screen out unqualified candidates before enlistment. 
(4) Require that the Secretary of each military department 
include as a measurement of recruiter performance the percent-
age of persons enlisted by a recruiter who complete initial 
combat training or basic training. 
(5) Assess trends in the number and use of waivers over 
the 1991-1997 period that were issued to permit applicants 
to enlist with medical or other conditions that would otherwise 
be disqualifying. 
(6) Require the Secretary of each military department to 
implement policies and procedures (A) to ensure the prompt 
separation of recruits who are unable to successfully complete 
basic training, and (B) to remove those recruits from the train-
ing environment while separation proceedings are pending. 
(c) REPORT.—Not later than March 31, 1998, the Secretary 
shall submit to Congress a report of the trends assessed under 
subsection (b)(5). The information on those trends provided in the 
report shall be shown by armed force and by category of waiver. 
The report shall include recommendations of the Secretary for 
changing, revising, or limiting the use of waivers referred to in 
that subsection. 
SEC. 
532. 
IMPROVEMENTS 
IN 
MEDICAL 
PRESCREENING 
OF 
APPLICANTS FOR MILITARY SERVICE. 
(a) IN GENERAL.—The Secretary of Defense shall improve the 
medical prescreening of applicants for entrance into the Army, 
Navy, Air Force, or Marine Corps. 
(b) SPECIFIC STEPS.—As part of those improvements, the Sec-
retary shall take the following steps: 
(1) Require that each applicant for service in the Army, 
Navy, Air Force, or Marine Corps (A) provide to the Secretary 
the name of the applicant's medical insurer and the names 
of past medical providers, and (B) sign a release allowing the 
Secretary to request and obtain medical records of the 
applicant. 
(2) Require that the forms and procedures for medical 
prescreening of applicants that are used by recruiters and 
by Military Entrance Processing Commands be revised so as 
to ensure that medical questions are specific, unambiguous, 
and tied directly to the types of medical separations most 
common for recruits during basic training and follow-on train-
ing. 
(3) Add medical screening tests to the examinations of 
recruits carried out by Military Entrance Processing Stations, 
provide more thorough medical examinations to selected groups 
of applicants, or both, to the extent that the Secretary deter-
mines that to do so could be cost effective in reducing attrition 
at basic training. 
(4) Provide for an annual quality control assessment of 
the effectiveness of the Military Entrance Processing Com-
mands in identifying medical conditions in recruits that existed 
before enlistment in the Armed Forces, each such assessment 
to be performed by an agency or contractor other than the 
Military Entrgmce Processing Commands. 
Ill STAT. 1740 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS. 
(a) IN GENERAL.—The Secretary of Defense shall take steps 
to improve the physical fitness of recruits before they enter basic 
training. 
(b) SPECIFIC STEPS.—As part of those improvements, the Sec-
retary shall take the following steps: 
(1) Direct the Secretary of each military department to 
implement programs under which new recruits who are in 
the Delayed Entry Program are encouraged to participate in 
physical fitness activities before reporting to basic training. 
(2) Develop a range of incentives for new recruits to partici-
pate in physical fitness programs, as well as for those recruits 
who improve their level of fitness while in the Delayed Entry 
Program, which may include access to Department of Defense 
military fitness facilities, and access to military medical facili-
ties in the case of a recruit who is injured while participating 
in physical activities with recruiters or other military personnel. 
(3) Evaluate whether partnerships between recruiters and 
reserve components, or other innovative arrangements, could 
provide a pool of qualified personnel to assist in the conduct 
of physical training programs for new recruits in the Delayed 
Entry Program. 
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. 
(a) REQUIREMENT.—Section 6958 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(d) To be admitted to the Naval Academy, an appointee must 
take and subscribe to an oath prescribed by the Secretary of the 
Navy. If a candidate for admission refuses to take and subscribe 
to the prescribed oath, the candidate's appointment is terminated.". 
(b) EXCEPTION FOR MIDSHIPMEN FROM FOREIGN COUNTRIES.— 
Section 6957 of such title is amended by adding at the end the 
following new subsection: 
"(d) A person receiving instruction under this section is not 
subject to section 6958(d) of this title.". 
SEC. 542. SERVICE ACADEMY FOREIGN EXCHANGE PROGRAM. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 
title 10, United States Code, is amended by inserting after section 
4344 the following new section: 
''§4345. Exchange program with foreign military academies 
"(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the 
Army may permit a student enrolled at a military academy of 
a foreign country to receive instruction at the Academy in exchange 
for a cadet receiving instruction at that foreign military academy 
pursuant to an exchange agreement entered into between the Sec-
retary and appropriate officials of the foreign country. Students 
receiving instruction at the Academy under the exchange program 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1741 
shall be in addition to persons receiving instruction at the Academy 
under section 4344 of this title. 
"(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.— 
An exchange agreement under this section between the Secretary 
and a foreign country shall provide for the exchange of students 
on a one-for-one basis each fiscal year. Not more than 10 cadets 
and a comparable number of students from all foreign military 
academies participating in the exchange program may be exchanged 
during any fiscal year. The duration of an exchange may not exceed 
the equivalent of one academic semester at the Academy. 
"(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances, 
and emoluments of a cadet by reason of attendance at the Academy 
under the exchange program, £md the Department of Defense may 
not incur any cost of international travel required for transportation 
of such a student to and from the sponsoring foreign country. 
"(2) The Secretary may provide a student from a foreign country 
under the exchange program, during the period of the exchange, 
with subsistence, transportation within the continental United 
States, clothing, health care, and other services to the same extent 
that the foreign country provides comparable support £ind services 
to the exchanged cadet in that foreign country. 
"(3) The Academy shall bear all costs of the exchange program 
from funds appropriated for the Academy. Expenditures in support 
of the exchange program may not exceed $50,000 during £iny fiscal 
year. 
"(d) APPLICATION OF OTHER LAWS.—Subsections (c) and 
(d) 
of section 4344 of this title shall apply with respect to a student 
enrolled at a military academy of a foreign country while attending 
the Academy under the exchange program. 
"(e) REGULATIONS.—The Secretary shall prescribe regulations 
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military 
academies to participate in the exchange program.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 4344 
the following new item: 
"4345. Exchange program with foreign military academies.". 
(b) NAVAL ACADEMY.—(1) Chapter 603 of title 10, United States 
Code, is amended by inserting after section 6957 the following 
new section; 
"§ 6957a. Exchange program with foreign military academies 
"(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the 
Navy may permit a student enrolled at a military academy of 
a foreign country to receive instruction at the Naval Academy 
in exchange for a midshipman receiving instruction at that foreign 
military academy pursuant to an exchange agreement entered into 
between the Secretary and appropriate officials of the foreign coun-
try. Students receiving instruction at the Academy under the 
exchange program shall be in addition to persons receiving instruc-
tion at the Academy under section 6957 of this title. 
"(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.— 
An exchange agreement under this section between the Secretary 
and a foreign country shall provide for the exchange of students 
I l l STAT. 1742 
PUBLIC LAW 105-85—NOV. 18, 1997 
on a one-for-one basis each fiscal year. Not more than 10 mid-
shipmen and a comparable number of students from all foreign 
military academies participating in the exchange program may 
be exchanged during any fiscal year. The duration of an exchange 
may not exceed the equivalent of one academic semester at the 
Naval Academy. 
"(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances, 
and emoluments of a midshipman by reason of attendance at the 
Naval Academy under the exchange program, and the Department 
of Defense may not incur any cost of international travel required 
for transportation of such a student to and from the sponsoring 
foreign country. 
"(2) The Secretary may provide a student from a foreign country 
under the exchange program, during the period of the exchange, 
with subsistence, transportation within the continental United 
States, clothing, health care, and other services to the same extent 
that the foreign country provides comparable support and services 
to the exchanged midshipman in that foreign country. 
"(3) The Naval Academy shall bear all costs of the exchange 
program from funds appropriated for the Academy. Expenditures 
in support of the exchange program may not exceed $50,000 during 
any fiscal year. 
"(d) APPLICATION OF OTHER LAWS.—Subsections (c) and 
(d) 
of section 6957 of this title shall apply with respect to a student 
enrolled at a military academy of a foreign country while attending 
the Naval Academy under the exchange program. 
"(e) REGULATIONS.—The Secretary shall prescribe regulations 
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military 
academies to participate in the exchange program.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 6957 
the following new item: 
"6957a. Exchange program with foreign mihtary academies.". 
(c) AIR FORCE ACADEMY.—(1) Chapter 903 of title 10, United 
States Code, is amended by inserting after section 9344 the follow-
ing new section: 
''§9345. Exchange program with foreigfn military academies 
"(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the 
Air Force may permit a student enrolled at a military academy 
of a foreign country to receive instruction at the Air Force Academy 
in exchange for an Air Force cadet receiving instruction at that 
foreign military academy pursuant to an exchange agreement 
entered into between the Secretary and appropriate officials of 
the foreign country. Students receiving instruction at the Academy 
under the exchange program shall be in addition to persons receiv-
ing instruction at the Academy under section 9344 of this title. 
"(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.— 
An exchange agreement under this section between the Secretary 
and a foreign country shall provide for the exchange of students 
on a one-for-one basis each fiscal year. Not more than 10 Air 
Force cadets and a comparable number of students from all foreign 
military academies participating in the exchange program may 
be exchanged during any fiscal year. The duration of an exchange 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1743 
may not exceed the equivalent of one academic semester at the 
Air Force Academy. 
"(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances, 
and emoluments of an Air Force cadet by reason of attendance 
at the Air Force Academy under the exchange program, and the 
Department of Defense may not incur any cost of international 
travel required for transportation of such a student to and from 
the sponsoring foreign country. 
"(2) The Secretary may provide a student from a foreign country 
under the exchange program, during the period of the exchange, 
with subsistence, transportation within the continental United 
States, clothing, health care, and other services to the same extent 
that the foreign country provides comparable support and services 
to the exchanged Air Force cadet in that foreign country. 
"(3) The Air Force Academy shall bear all costs of the exchange 
program from funds appropriated for the Academy. Expenditures 
in support of the exchange program may not exceed $50,000 during 
any fiscal year. 
"(d) APPLICATION OF OTHER LAWS.—Subsections (c) and 
(d) 
of section 9344 of this title shall apply with respect to a student 
enrolled at a military academy of a foreign country while attending 
the Air Force Academy under the exchange program. 
"(e) REGULATIONS.—The Secretary shall prescribe regulations 
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military 
academies to participate in the exchange program.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 9344 
the following new item: 
"9345. Exchange program with foreign miUtary academies.". 
(d) REPEAL OF OBSOLETE LIMITATION.—Section 9353(a) of such 
title is amended by striking out "After the date of the accrediting 
of the Academy, the" and inserting in lieu thereof "The". 
SEC. 543. REIMBURSEMENT OF EXPENSES INCURRED FOR INSTRUC-
TION AT SERVICE ACADEMIES OF PERSONS FROM FOR-
EIGN COUNTRIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4344(b) of title 
10, United States Code, is amended— 
(1) in paragraph (2), by striking out the period at the 
end and inserting in lieu thereof the following: ", except that 
the reimbursement rates may not be less than the cost to 
the United States of providing such instruction, including pay, 
allowances, and emoluments, to a cadet appointed from the 
United States."; and 
(2) by adding at the end the following new paragraph: 
"(3) The amount of reimbursement waived under paragraph 
(2) may not exceed 35 percent of the per-person reimbursement 
amount otherwise required to be paid by a foreign country under 
such paragraph, except in the case of not more than five persons 
receiving instruction at the Academy under this section at any 
one time.". 
(b) 
NAVAL 
ACADEMY.—Section 6957(b) of such 
title 
is 
amended— 
(1) in paragraph (2), by striking out the period at the 
end and inserting in lieu thereof the following: ", except that 
I l l STAT. 1744 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 4344 
note. 
10 use 2111a 
note. 
10 use 2111a 
note. 
the reimbursement rates may not be less than the cost to 
the United States of providing such instruction, including pay, 
allowances, and emoluments, to a midshipman appointed from 
the United States."; and 
(2) by adding at the end the following new paragraph: 
"(3) The amount of reimbursement waived under paragraph 
(2) may not exceed 35 percent of the per-person reimbursement 
amount otherwise required to be psiid by a foreign country under 
such paragraph, except in the case of not more than five persons 
receiving instruction at the Naval Academy under this section at 
any one time.". 
(c) AIR FORCE ACADEMY.—Section 9344(b) of such title is 
amended— 
(1) in paragraph (2), by striking out the period at the 
end and inserting in lieu thereof the following: ", except that 
the reimbursement rates may not be less than the cost to 
the United States of providing such instruction, including pay, 
allowances, and emoluments, to a cadet appointed from the 
United States."; and 
(2) by adding at the end the following new paragraph: 
"(3) The amount of reimbursement waived under paragraph 
(2) may not exceed 35 percent of the per-person reimbursement 
amount otherwise required to be paid by a foreign country under 
such paragraph, except in the case of not more than five persons 
receiving instruction at the Air Force Academy under this section 
at any one time.". 
(d) EFFECTIVE DATE,—The amendments made by this section 
apply with respect to students fi*om a foreign country entering 
the United States Military Academy, the United States Naval Acad-
emy, or the United States Air Force Academy on or after May 
1, 1998. 
SEC. 544. CONTINUATION 
OF 
SUPPORT 
TO SENIOR 
MILITARY 
COLLEGES. 
(a) DEFINITION OF SENIOR MILITARY COLLEGES.—For purposes 
of this section, the term "senior military colleges" means the 
following: 
(1) Texas A&M University. 
(2) Norwich University. 
(3) The Virginia Military Institute. 
(4) The Citadel. 
(5) Virginia Polytechnic Institute and State University. 
(6) North Georgia College and State University. 
(b) FINDINGS.—Congress finds the following: 
(1) The senior military colleges consistently have provided 
substantial numbers of highly qualified, long-serving leaders 
to the Armed Forces. 
(2) The quality of the military leaders produced by the 
senior military colleges is, in part, the result of the rigorous 
military environment imposed on students attending the senior 
military colleges by the colleges, as well as the result of the 
long-standing close support relationship between the Corps of 
Cadets at each college and the Reserve Officer Training Corps 
personnel at the colleges who serve as effective leadership 
role models £uid mentors. 
(3) In recognition of the quality of the young leaders pro-
duced by the senior military colleges, the Department of 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1745 
Defense and the military services have traditionally maintained 
special relationships with the colleges, including the policy 
to grant active duty service in the Army to graduates of the 
colleges who desire such service and who are recommended 
for such service by their ROTC professors of military science. 
(4) Each of the senior military colleges has demonstrated 
an ability to adapt its systems and operations to chsinging 
conditions in, and requirements of, the Armed Forces without 
compromising the quality of leaders produced and without 
interruption of the close relationship between the colleges and 
the Department of Defense. 
(c) SENSE OF CONGRESS.—In light of the findings in subsection 
lo use 2iiia 
(b), it is the sense of Congress that— 
^°^^-
(1) the proposed initiative of the Secretary of the Army 
to end the commitment to active duty service for all graduates 
of senior military colleges who desire such service and who 
are recommended for such service by their ROTC professors 
of military science is short-sighted and contrary to the long-
term interests of the Army; 
(2) as they have in the past, the senior military colleges 
can and will continue to accommodate to changing military 
requirements to ensure that future graduates entering military 
service continue to be officers of superb quality who are quickly 
assimilated by the Armed Forces and fully prepared to make 
significant contributions to the Armed Forces through extended 
military careers; £ind 
(3) decisions of the Secretary of Defense or the Secretary 
of a military department that fundamentally and unilaterally 
change the long-standing relationship of the Armed Forces 
with the senior military colleges are not in the best interests 
of the Department of Defense or the Armed Forces and are 
patently unfair to students who made decisions to enroll in 
the senior military colleges on the basis of existing Department 
and Armed Forces policy. 
(d) 
CONTINUATION 
OF 
SUPPORT 
FOR 
SENIOR 
MILITARY 
COLLEGES.—Section 2111a of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (d) as subsection (f); and 
(2) by inserting after subsection (c) the following new sub-
sections: 
"(d) TERMINATION OR REDUCTION OF PROGRAM PROHIBITED.— 
The Secretary of Defense and the Secretaries of the military depart-
ments may not take or authorize any action to terminate or reduce 
a unit of the Senior Reserve Officers' Training Corps at a senior 
military college unless the termination or reduction is specifically 
requested by the college. 
"(e) ASSIGNMENT TO ACTIVE DUTY.—(1) The Secretary of the 
Army shall ensure that a graduate of a senior military college 
who desires to serve as a commissioned officer on active duty 
upon graduation from the college, who is medically and physically 
qualified for active duty, and who is recommended for such duty 
by the professor of military science at the college, shall be assigned 
to active duty. This paragraph shall apply to a member of the 
program at a senior military college who graduates from the college 
after March 31, 1997. 
"(2) Nothing in this section shall be construed to prohibit the 
Secretary of the Army from requiring a member of the program 
I l l STAT. 1746 
PUBLIC LAW 105-85—NOV. 18, 1997 
who graduates from a senior military college to serve on active 
duty.". 
(e) TECHNICAL CORRECTIONS.—Subsection (f) of such section, 
as redesignated by subsection (d)(1), is amended— 
(1) in paragraph (2), by striking out "College" and inserting 
in lieu thereof "University"; and 
(2) in paragraph (6), by inserting before the period the 
following: "and State University". 
(f) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 2111a. Support for senior military colleges". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 103 of title 10, United States Code, 
is amended to read as follows: 
"2111a. Support for senior military colleges.". 
SEC. 545. REPORT ON MAKING UNITED STATES NATIONALS ELIGIBLE 
FOR PARTICIPATION IN SENIOR RESERVE OFFICERS' 
TRAINING CORPS. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committee on National Security of the House of Representatives 
and the Committee on Armed Services of the Senate a report 
on the utility of permitting United States nationals to participate 
in the Senior Reserve Officers' Training Corps program. 
(b) REQUIRED INFORMATION.—The Secretary shall include in 
the report the following information: 
(1) A brief history of the prior admission of United States 
nationals to the Senior Reserve Officers' Training Corps, includ-
ing the success rate of these cadets and midshipmen and how 
that rate compared to the average success rate of cadets and 
midshipmen during that same period. 
(2) The advantages of permitting United States nationals 
to participate in the Senior Reserve Officers' Training Corps 
program. 
(3) The disadvantages of permitting United States nationals 
to participate in the Senior Reserve Officers' Training Corps 
program. 
(4) The incremented cost of including United States nation-
als in the Senior Reserve Officers' Training Corps. 
(5) Methods of minimizing the risk that United States 
nationals admitted to the Senior Reserve Officers' Training 
Corps would be later disqualified because of ineligibility for 
United States citizenship. 
(6) The recommendations of the Secretary on whether 
United States nationals should be eligible to participate in 
the Senior Reserve Officers' Training Corps program, and if 
so, a legislative proposal which would, if enacted, achieve that 
result. 
SEC. 546. COORDINATION OF ESTABLISHMENT AND MAINTENANCE OF 
JUNIOR RESERVE OFFICERS' TRAINING CORPS UNITS TO 
MAXIMIZE ENROLLMENT AND ENHANCE EFFICIENCY. 
(a) REQUIREMENT.—Chapter 102 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1747 
"§2032. Responsibility of the Secretaries of the military 
departments 
to 
maximize 
enrollment 
and 
enhance efficiency 
"(a) COORDINATION.—The Secretary of each miUtary depart-
ment, in estabhshing, maintaining, trginsferrlng, and terminating 
Junior Reserve Officers' Training Corps units under section 2031 
of this title, shall do so in a coordinated manner that is designed 
to maximize enrollment in the Corps and to enhance administrative 
efficiency in the management of the Corps. 
"(b) CONSIDERATION OF NEW SCHOOL OPENINGS AND CONSOLI-
DATIONS.—In carrying out subsection (a), the Secretary of a military 
department shall take into consideration— 
"(1) openings of new schools; 
"(2) consolidations of schools; and 
"(3) the desirability of continuing the opportunity for 
participation in the Corps by participants whose continued 
participation would otherwise be adversely affected by new 
school openings and consolidations of schools.". 
(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: 
"2032. Responsibility of the Secretaries of the miUtary departments to maximize 
enrollment and enhance efficiency.". 
PART II—OTHER EDUCATION MATTERS 
SEC. 551. UNITED STATES NAVAL POSTGRADUATE SCHOOL. 
(a) AUTHORITY TO ADMIT ENLISTED MEMBERS AS STUDENTS.— 
Section 7045 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "(a)"; and 
(B) by adding at the end the following new paragraph: 
"(2) The Secretary may permit an enlisted member of the 
armed forces who is assigned to the Naval Postgraduate School 
or to a nearby command to receive instruction at the Naval Post-
graduate School. Admission of enlisted members for instruction 
under this paragraph shall be on a space-available basis."; 
(2) in subsection (b)— 
(A) by striking out "the students" and inserting in 
lieu thereof "officers"; and 
(B) by adding at the end the following new sentence: 
"In the case of an enlisted member permitted to receive 
instruction at the Postgraduate School, the Secretary of 
the Navy shall charge that member only for such costs 
and fees as the Secretary considers appropriate (taking 
into consideration the admission of enlisted members on 
a space-available basis)."; and 
(3) in subsection (c)— 
(A) by striking out "officers" both places it appears 
and inserting in lieu thereof "members"; and 
(B) by striking out "same regulations" and inserting 
in lieu thereof "such regulations, as determined appropriate 
by the Secretary of the Navy,". 
(b) CLERICAL AMENDMENTS.—(1) The heading of section 7045 
of such title is amended to read as follows: 
Ill STAT. 1748 
PUBLIC LAW 105-85—NOV. 18, 1997 
"§ 7045. Officers of the other armed forces; enlisted members: 
admission". 
(2) The item relating to section 7045 in the table of sections 
at the beginning of chapter 605 of such title is amended to read 
as follows: 
"7045. Officers of the other armed forces; enlisted members: admission.". 
(c) AMENDMENT TO REFLECT REVISED CIVIL SERVICE GRADE 
STRUCTURE.—Section 7043(b) of such title is amended by striking 
out "grade GS-18 of the General Schedule under section 5332 
of title 5" and inserting in lieu thereof "level IV of the Executive 
Schedule". 
SEC. 552. COMMUNITY COLLEGE OF THE AIR FORCE. 
(a) 
EXPANSION OF MEMBERS 
ELIGIBLE FOR PROGRAM TO 
INCLUDE INSTRUCTORS AT AIR FORCE TRAINING SCHOOLS.—Section 
9315 of title 10, United States Code, is amended— 
(1) in subsection (a)(1), by striking out "enlisted members 
of the Air Force" and inserting in lieu thereof "enlisted members 
described in subsection (b)"; 
(2) by striking out "(b) Subject to subsection (c)," and insert-
ing in lieu thereof "(c)(1) Subject to paragraph (2),"; 
(3) by redesignating subsection (c) as paragraph (2) and 
in that paragraph redesignating clauses (1) and (2) as clauses 
(A) and (B), respectively; and 
(4) by inserting after subsection (a) the following new sub-
section (b): 
"(b) MEMBERS ELIGIBLE FOR PROGRAMS.—Subject to such other 
eligibility requirements as the Secretary concerned may prescribe, 
the following members of the armed forces are eligible to participate 
in programs of higher education under subsection (a)(1): 
"(1) Enlisted members of the Air Force. 
"(2) Enlisted members of the armed forces other than the 
Air Force who are serving as instructors at Air Force training 
schools.". 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "ESTABLISHMENT AND 
MISSION.—" after "(a)"; and 
(2) in subsection (c), as redesignated by subsection (a)(2), 
by inserting "CONFERRAL OF DEGREES.—" after "(c)". 
10 use 9315 
(c) EFFECTIVE DATE.—Subsection (b) of section 9315 of such 
note. 
title, as added by subsection (a)(4), applies with respect to enroll-
ments in the Community College of the Air Force after March 
31, 1996. 
SEC. 553. PRESERVATION OF ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE OF MEMBERS OF THE SELECTED RESERVE SERV-
ING ON ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 
OPERATION. 
(a) 
PRESERVATION 
OF EDUCATIONAL 
ASSISTANCE.—Section 
16131(c)(3)(B)(i) of title 10, United States Code, is amended by 
striking out", in connection with the Persian Gulf War,". 
(b) EXTENSION OF 10-YEAR PERIOD OF AVAILABILITY.—Section 
16133(b)(4) of such title is amended— 
(1) by striking out "(A)"; 
(2) by striking out", during the Persian Gulf War,"; 
(3) by redesignating clauses (i) and (ii) as subparagraphs 
(A) and (B), respectively; and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1749 
(4) by striking out "(B) For the purposes" and all that 
follows through "title 38.". 
P A R T I I I — T R A I N I N G O F A R M Y D R I L L 
S E R G E A N T S 
SEC. 556. REFORM OF ARMY DRILL SERGEANT SELECTION AND TRAIN- 
10 USC 4318 
ING PROCESS. 
note. 
(a) IN GENERAL.—The Secretary of the Army shall reform the 
process for selection and training of drill sergeants for the Army. 
(b) MEASURES TO BE TAKEN.—As part of such reform, the 
Secretary shall undertake the following measures (unless, in the 
case of any such measure, the Secretary determines that that 
measure would not result in improved effectiveness and efficiency 
in the drill sergeant selection and training process): 
(1) Review the overall process used by the Department 
of the Army for selection of drill sergeants to determine— 
(A) whether that process is providing drill sergeeint 
candidates in sufficient quantity and quality to meet the 
needs of the training system; and 
(B) whether duty as a drill sergeant is a career-enhanc-
ing assignment (or is seen by potential drill sergeant can-
didates as a career-enhancing assignment) and what steps 
could be taken to ensure that such duty is in fact a career-
enhancing assignment. 
(2) Incorporate into the selection process for all drill ser-
geants the views and recommendations of the officers and senior 
noncommissioned officers in the chain of command of each 
candidate for selection (particularly those of senior noncommis-
sioned officers) regarding the candidate's suitability and quali-
fications to be a drill sergeant. 
(3) Establish a requirement for psychological screening for 
each drill sergeant candidate. 
(4) Reform the psychological screening process for drill 
sergeant candidates to improve the quality, depth, and rigor 
of that screening process. 
(5) Revise the evaluation system for drill sergeants in train-
ing to provide for a so-called "whole person" assessment that 
gives insight into the qualifications and suitability of a drill 
sergeant candidate beyond the candidate's ability to accomplish 
required performance tasks. 
(6) Revise the Army military personnel records system 
so that, under conditions and circumstances to be specified 
in regulations prescribed by the Secretary, a drill sergeant 
trainee who fails to complete the training to be a drill sergeant 
and is denied graduation will not have the fact of that failure 
recorded in those personnel records. 
(7) Provide each drill sergeant in training with the oppor-
tunity, before or during that training, to work with new recruits 
in initial entry training and to be evaluated on that opportunity. 
(c) REPORT.—Not later than March 31, 1998, the Secretary 
shall submit to the Committee on National Security of the House 
of Representatives and the Committee on Armed Services of the 
Senate a report of the reforms adopted pursuant to this section 
or, in the case of any measure specified in any of paragraphs 
(1) through (7) of subsection (b) that was not adopted, the rationale 
why that measure was not adopted. 
I l l STAT. 1750 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 557. TRAINING IN HUMAN RELATIONS MATTERS FOR ARMY DRILL 
SERGEANT TRAINEES. 
(a) IN GENERAL.—(1) Chapter 401 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 4318. Drill sergeant trainees: human relations training 
"(a) HUMAN RELATIONS TRAINING REQUIRED.—The Secretary 
of the Army shall include as part of the training program for 
drill sergeants a course in human relations. The course shall be 
a minimum of two days in duration, 
"(b) RESOURCES.—In developing a human relations course under 
this section, the Secretary shall use the capabilities and expertise 
of the Defense 
Equal 
Opportunity 
Management 
Institute 
(DEOMI).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4318. Drill sergeant trainees: human relations training.". 
10 use 4318 
(b) EFFECTIVE DATE.—Section 4318 of title 10, United States 
"ote. 
Code, as added by subsection (a), shall apply with respect drill 
sergeant trainee classes that begin after the end of the 90-day 
period beginning on the date of the enactment of this Act. 
10 use 113 note. 
Subtltlc F—Commissioii on Military 
Training and Gender-Related Issues 
SEC. 561. E S T A B U S H M E N T AND COMPOSITION OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a Commission on 
Military Training and Gender-Related Issues to review require-
ments and restrictions regarding cross-gender relationships of mem-
bers of the Armed Forces, to review the basic training programs 
of the Army, Navy, Air Force, and Marine Corps, and to make 
recommendations on improvements to those programs, require-
ments, and restrictions. 
(b) COMPOSITION.—(1) The commission shall be composed of 
10 members, appointed as follows: 
(A) Five members shall be appointed jointly by the chair-
man and ranking minority party member of the Committee 
on National Security of the House of Representatives. 
(B) Five members shall be appointed jointly by the chair-
man and ranking minority party member of the Committee 
on Armed Services of the Senate. 
(2) The members of the commission shall choose one of the 
members to serve as chairman. 
(3) All members of the commission shall be appointed not 
later than 45 days after the date of the enactment of this Act. 
(c) QUALIFICATIONS.—Members of the commission shall be 
appointed from among private United States citizens with knowl-
edge and expertise in one or more of the following: 
(1) Training of military personnel. 
(2) Social and cultural matters affecting entrance into the 
Armed Forces and affecting military service, military training, 
and military readiness, such knowledge and expertise to have 
been gained through recognized research, policy making and 
practical experience, as demonstrated by retired military 
personnel, members of the reserve components of the Armed 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1751 
Forces, representatives from educational organizations, and 
leaders from civilian industry and other Government agencies. 
(3) Factors that define appropriate military job qualifica-
tions, including physical, mental, and educational factors. 
(4) Combat or other theater of war operations. 
(5) Organizational matters. 
(6) Legal matters. 
(7) Management. 
(8) Gender integration matters. 
(d) APPOINTMENTS.—(1) Members of the commission shall be 
appointed for the life of the commission. 
(2) A vacancy in the membership shall not affect the commis-
sion's powers, but shall be filled in the same manner as the original 
appointment. 
SEC. 562. DUTIES. 
(a) FUNCTIONS RELATING TO REQUIREMENTS AND RESTRICTIONS 
REGARDING CROSS-GENDER RELATIONSHIPS.—The commission shall 
consider issues relating to personal relationships of members of 
the Armed Forces as follows: 
(1) Review the laws, regulations, policies, directives, and 
practices that govern personal relationships between men and 
women in the Armed Forces and personal relationships between 
members of the Armed Forces and non-military personnel of 
the opposite sex. 
(2) Assess the extent to which the laws, regulations, poli-
cies, and directives have been applied consistently throughout 
the Armed Forces without regard to the armed force, grade, 
rank, or gender of the individuals involved. 
(3) Assess the reports of the independent panel, the Depart-
ment of Defense task force, and the review of existing guidance 
on fraternization and adultery that have been required by 
the Secretary of Defense. 
(b) FUNCTIONS RELATING TO GENDER-INTEGRATED AND GENDER-
SEGREGATED BASIC TRAINING.—(1) The commission shall review 
the parts of the initial entry training programs of the Army, Navy, 
Air Force, and Marine Corps that constitute the basic training 
of new recruits (in this subtitle referred to as "basic training"). 
The review shall include a review of the basic training policies 
and practices of each of those services with regard to gender-
integrated and gender-segregated basic training and, for each of 
the services, the effectiveness of gender-integrated and gender-
segregated basic training. 
(2) As part of the review under paragraph (1), the commission 
shall (with respect to each of the services) take the following 
measures: 
(A) Determine how each service defines gender-integration 
£ind gender-segregation in the context of basic training. 
(B) Determine the historical rationales for the establish-
ment and disestablishment of gender-integrated or gender-seg-
regated basic training. 
(C) Examine, with respect to each service, the current 
rationale for the use of gender-integrated or gender-segregated 
basic training and the rationale that was current as of the 
time the service made a decision to integrate, or to segregate, 
basic training by gender (or as of the time of the most recent 
decision to continue to use a gender-integrated format or a 
I l l STAT. 1752 
PUBLIC LAW 105-85—NOV. 18, 1997 
gender-segregated format for basic training), and, as part of 
the examination, evaluate whether at the time of that decision, 
the Secretary of the mihtary department with jurisdiction over 
that service had substantive reason to beheve, or has since 
developed data to support, that gender-integrated basic train-
ing, or gender-segregated basic training, improves the readiness 
or performance of operational units. 
(D) Assess whether the concept of "training as you will 
fight" is a valid rationale for gender-integrated basic training 
or whether the training requirements and objectives for basic 
training are sufficiently different from those of operational units 
so that such concept, when balanced against other factors relat-
ing to basic training, might not be a sufficient rationale for 
gender-integrated basic training. 
(E) Identify the requirements unique to each service that 
could affect a decision by the Secretary concerned to adopt 
a gender-integrated or gender-segregated format for basic train-
ing and assess whether the format in use by each service 
has been successful in meeting those requirements. 
(F) Assess, with respect to each service, the degree to 
which different standards have been established, or if not estab-
lished are in fact being implemented, for males and females 
in basic training for matters such as physical fitness, physical 
performance (such as confidence and obstacle courses), military 
skills (such as marksmanship and hand-grenade qualifications), 
and nonphysical tasks required of individuals and, to the degree 
that differing standards exist or are in fact being implemented, 
assess the effect of the use of those differing standards. 
(G) Identify the goals that each service has set forth in 
regard to readiness, in light of the gender-integrated or gender-
segregated format that such service has adopted for basic train-
ing, and whether that format contributes to the readiness of 
operational units. 
(H) Assess the degree to which performance standards 
in basic training are based on military readiness. 
(I) Evaluate the policies of each of the services regarding 
the assignment of adequate numbers of female drill instructors 
in gender-integrated training units who can serve as role mod-
els and mentors for female trainees. 
(J) Review Department of Defense and military department 
efforts to objectively measure or evaluate the effectiveness of 
gender-integrated basic training, as compared to gender-seg-
regated basic training, particularly with regard to the adequacy 
and scope of the efforts and with regard to the relevancy 
of findings to operational unit requirements, and determine 
whether the Department of Defense and the military depart-
ments are capable of measuring or evaluating the effectiveness 
of that training format objectively. 
(K) Compare the pattern of attrition in gender-integrated 
basic training units with the pattern of attrition in gender-
segregated basic training units and assess the relevancy of 
the findings of such comparison. 
(L) Compare the level of readiness and morale of gender-
integrated basic training units with the level of readiness and 
morale of gender-segregated units, and assess the relevancy 
of the findings of such comparison and the implications, for 
readiness, of any differences found. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1753 
(M) Compare the experiences, policies, and practices of 
the armed forces of other industrialized nations regarding gen-
der-integrated training with those of the Army, Navy, Air Force, 
and Marine Corps. 
(N) Review, and take into consideration, the current prac-
tices, relevant studies, and private sector training concepts 
pertaining to gender-integrated training. 
(0) Assess the feasibility and implications of conducting 
basic training (or equivalent training) at the company level 
and below through separate units for male and female recruits, 
including the costs and other resource commitments required 
to implement and conduct basic training in such a manner 
and the implications for readiness and unit cohesion. 
(P) Assess the feasibility and implications of requiring drill 
instructors for basic training units to be of the same sex as 
the recruits in those units if the basic training were to be 
conducted as described in subparagraph (O). 
(c) 
FUNCTIONS 
RELATING 
TO 
BASIC 
TRAINING PROGRAMS 
GENERALLY.—^The commission shall review the course objectives, 
structure, and length of the basic training programs of the Army, 
Navy, Air Force, and Marine Corps. The commission shall also 
review the relationship between those basic training objectives and 
the advanced training provided in the initial entry training pro-
grams of each of those services. As part of that review, the commis-
sion shall (with respect to each of those services) take the following 
measures: 
(1) Determine the current end-state objectives established 
for graduates of basic training, particularly in regard to— 
(A) physical conditioning; 
(B) technical and physical skills proficiency; 
(C) knowledge; 
(D) military socialization, including the inculcation of 
service values and attitudes; and 
(E) basic combat operational requirements. 
(2) Assess whether those current end-state objectives, and 
basic training itself, should be modified (in structure, length, 
focus, program of instruction, training methods or otherwise) 
based, in part, on the following: 
(A) An assessment of the perspectives of operational 
units on the quality and qualifications of the initial entry 
training graduates being assigned to those units, consider-
ing in particular whether the basic training system pro-
duces graduates who arrive in operational units with an 
appropriate level of skills, physical conditioning, and degree 
of military socialization to meet unit requirements and 
needs. 
(B) An assessment of the demographics, backgrounds, 
attitudes, experience, and physical fitness of new recruits 
entering basic training, considering in particular the ques-
tion of whether, given the entry level demographics, edu-
cation, and background of new recruits, the basic training 
systems and objectives are most efficiently and effectively 
structured and conducted to produce graduates who meet 
service needs. 
(C) An assessment of the perspectives of personnel 
who conduct basic training with regard to measures 
required to improve basic training. 
39-194 O - 97 - 22 : QL 3 Part 2 
I l l STAT. 1754 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) Assess the extent to which the initial entry training 
programs of each of the services continue, after the basic train-
ing phases of the programs, effectively to reinforce and advance 
the military socialization (including the inculcation of service 
values and attitudes), the physical conditioning, and the attain-
ment and improvement of knowledge and proficiency in fun-
damental military skills that are begun in basic training. 
(d) RECOMMENDATIONS.—The commission shall prepare— 
(1) with respect to each of the Army, Navy, Air Force, 
and Marine Corps, an evaluation of gender-integrated and gen-
der-segregated basic training programs, based upon the review 
under subsection (b); 
(2) recommendations for such changes to the current system 
of basic training as the commission considers warranted; and 
(3) recommendations for such changes to laws, regulations, 
policies, directives, and practices referred to in subsection (a)(1) 
as the commission considers warranted. 
(e) REPORTS.—(1) Not later than April 15, 1998, the commission 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives a report setting forth a strategic plan for the work of the 
commission and the activities and initial findings of the commission. 
(2) Not later than September 16, 1998, the commission shall 
submit a fiinal report to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives. The final report shall set forth the activities, find-
ings, and recommendations of the commission, including any rec-
ommendations for congressional action and administrative action 
that the commission considers appropriate. The report shall specifi-
cally set forth the views of the Secretaries of the military depart-
ments regarding the matters described in subparagraphs (O) and 
(P) of subsection (b)(2). 
SEC. 563. ADMINISTRATIVE MATTERS. 
(a) MEETINGS.—(1) The commission shall hold its first meeting 
not later than 30 days after the date on which all members have 
been appointed. 
(2) The commission shall meet upon the call of the chairman. 
(3) A majority of the members of the commission shall constitute 
a quorum, but a lesser number may hold meetings. 
(b) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.— 
Any member or agent of the commission may, if authorized by 
the commission, take any action which the commission is authorized 
to take under this title. 
(c) POWERS.—(1) The commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the commission considers advisable to carry out 
its duties. 
(2) The commission may secure directly fi"om the Department 
of Defense and any other department or agency of the Federal 
Government such information as the commission considers nec-
essary to carry out its duties. Upon the request of the chairman 
of the commission, the head of a department or agency shall furnish 
the requested information expeditiously to the commission. 
(3) The commission may use the United States mails in the 
same manner and under the same conditions as other departments 
and agencies of the Federal Government. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1755 
(d) PAY AND EXPENSES OF COMMISSION MEMBERS.—(1) Each 
member of the commission who is not an employee of the Govern-
ment shall be paid at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in performing the duties of the commission. 
(2) Members and personnel of the commission may travel on 
aircraft, vehicles, or other conveyances of the Armed Forces when 
travel is necessary in the performance of a duty of the commission 
except when the cost of commercial transportation is less expensive. 
(3) The members of the commission may be allowed travel 
expenses, including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
commission. 
(4)(A) A member of the commission who is an annuitant other-
wise covered by section 8344 or 8468 of title 5, United States 
Code, by reason of membership on the commission shall not be 
subject to the provisions of such section with respect to such mem-
bership. 
(B) A member of the commission who is a member or former 
member of a uniformed service shall not be subject to the provisions 
of subsections (b) and (c) of section 5532 of such title with respect 
to membership on the commission. 
(e) STAFF AND ADMINISTRATIVE SUPPORT.—(1) The chairman 
of the commission may, without regard to civil service laws and 
regulations, appoint and terminate an executive director and up 
to three additional staff members as necessary to enable the 
commission to perform its duties. The chairman of the commission 
may fix the compensation of the executive director and other person-
nel without regard to the provisions of chapter 51, and subchapter 
III of chapter 53, of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except that the 
rate of pay may not exceed the maximum rate of pay for grade 
GS-15 under the General Schedule. 
(2) Upon the request of the chairman of the commission, the 
head of any department or agency of the Federal Government 
may detail, without reimbursement, any personnel of the depart-
ment or agency to the commission to assist in carr5dng out its 
duties. A detail of an employee shall be without interruption or 
loss of civil service status or privilege. 
(3) The chairman of the commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals that do not exceed the daily 
equivalent of the annual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 5315 of such title. 
(4) The Secretary of Defense shall furnish to the commission 
such administrative and support services as may be requested 
by the chairman of the commission. 
SEC. 564. TERMINATION OF COMMISSION. 
The commission shall terminate 60 days after the date on 
which it submits the final report under section 562(e)(2). 
I l l STAT. 1756 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 565. FUNDING. 
(a) FROM DEPARTMENT OF DEFENSE APPROPRIATIONS.—Upon 
the request of the chairman of the commission, the Secretary of 
Defense shall make available to the commission, out of funds appro-
priated for the Department of Defense, such amounts as the commis-
sion may require to carry out its duties. 
(b) PERIOD OF AVAILABILITY.—Funds made available to the 
commission shall remain available, without fiscal year limitation, 
until the date on which the commission terminates. 
SEC. 566. SUBSEQUENT CONSmERATION BY CONGRESS. 
After receipt of each report of the commission under section 
562(e), Congress shall consider the report and, based upon the 
results of the review (and such other matters as Congress considers 
appropriate), consider whether to require by law that the Secretar-
ies of the military departments conduct basic training on a gender-
segregated or gender-integrated basis. 
Subtitle G—Military Decorations and 
Aivards 
SEC. 571. 
PURPLE HEART 
TO 
BE 
AWARDED ONLY 
TO 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) IN GENERAL.—(1) Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§1131. Purple Heart: limitation to members of the armed 
forces 
"The decoration known as the I*urple Heart (authorized to 
be awarded pursuant to Executive Order 11016) may only be 
awarded to a person who is a member of the armed forces at 
the time the person is killed or wounded under circumstances 
otherwise qualifying that person for award of the Purple Heart.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1131. Purple Heart: limitation to members of the armed forces.". 
10 use 1131 
(b) EFFECTIVE DATE.—Section 1131 of title 10, United States 
note. 
Code, as added by subsection (a), shall apply with respect to persons 
who are killed or wounded after the end of the 180-day period 
beginning on the date of the enactment of this Act. 
10 use 1130 
SEC. 572. ELIGmiLITY FOR ARMED FORCES EXPEDITIONARY MEDAL 
note. 
FOR PARTICIPATION IN OPERATION JOINT ENDEAVOR 
OR OPERATION JOINT GUARD. 
(a) INCLUSION OF OPERATIONS.—For the purpose of determining 
the eligibility of members and former members of the Armed Forces 
for the Armed Forces Expeditionary Medal, the Secretary of Defense 
shall designate participation in Operation Joint Endeavor or Oper-
ation Joint Guard in the Republic of Bosnia and Herzegovina, 
and in such other areas in the region as the Secretary considers 
appropriate, as service in an area that meets the general require-
ments for the award of that medal. 
(b) INDIVIDUAL DETERMINATION.—The Secretary of the mihtary 
department concerned shall determine whether individual members 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1757 
or former members of the Armed Forces who participated in Oper-
ation Joint Endeavor or Operation Joint Guard meet the individual 
service requirements for award of the Armed Forces Expeditionary 
Medal as established in applicable regulations. A member or former 
member shall be considered to have participated in Operation Joint 
Endeavor or Operation Joint Guard if the member— 
(1) was deployed in the Republic of Bosnia and 
Herzegovina, or in such other area in the region as the Sec-
retary of Defense considers appropriate, in direct support of 
one or both of the operations; 
(2) served on board a United States naval vessel operating 
in the Adriatic Sea in direct support of one or both of the 
operations; or 
(3) operated in airspace above the Republic of Bosnia and 
Herzegovina, or in such other area in the region as the Sec-
retary of Defense considers appropriate, while the operations 
were in effect. 
(c) OPERATIONS DEFINED.—For purposes of this section: 
(1) The term "Operation Joint Endeavor" means operations 
of the United States Armed Forces conducted in the Republic 
of Bosnia and Herzegovina during the period beginning on 
November 20, 1995, and ending on December 20, 1996, to 
assist in implementing the General Framework Agreement and 
Associated Annexes, initialed on November 21, 1995, in Dayton, 
Ohio. 
(2) The term "Operation Joint Guard" means operations 
of the United States Armed Forces conducted in the Republic 
of Bosnia and Herzegovina as a successor to Operation Joint 
Endeavor during the period beginning on December 20, 1996, 
and ending on such date as the Secretary of Defense may 
designate. 
SEC. 573. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
DECORATIONS TO SPECIFIED PERSONS. 
(a) WAIVER OF TIME LIMITATION.—Any limitation estabHshed 
by law or policy for the time within which a recommendation 
for the award of a military decoration or award must be submitted 
shall not apply in the case of awards of decorations described 
in subsections (b), (c), and (d), the award of each such decoration 
having been determined by the Secretary of the military department 
concerned to be warranted in accordance with section 1130 of title 
10, United States Code. 
(b) SILVER STAR MEDAL.—Subsection (a) applies to the award 
of the Silver Star Medal as follows: 
(1) To Joseph M. Moll, Jr. of Milford, New Jersey, for 
service during World War IL 
(2) To Philip Yolinsky of Holl5rwood, Florida, for service 
during the Korean Conflict. 
(3) To Robert Norman of Reno, Nevada, for service during 
World War IL 
(c) NAVY AND MARINE CORPS MEDAL.—Subsection (a) applies 
to the award of the Navy and Marine Corps Medal to Gary A. 
Gruenwald of Damascus, Maryland, for service in Tunisia in October 
1977. 
(d) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 
awards of the Distinguished Fl5dng Cross for service during World 
War II or Korea (including multiple awards to the same individual) 
I l l STAT. 1758 
PUBLIC LAW 105-85—NOV. 18, 1997 
in the case of each individual concerning whom the Secretary of 
the Navy (or an officer of the Navy acting on behalf of the Secretary) 
submitted to the Committee on National Security of the House 
of Representatives and the Committee on Armed Services of the 
Senate, before the date of the enactment of this Act, a notice 
as provided in section 1130(b) of title 10, United States Code, 
that the award of the Distinguished Flying Cross to that individual 
is warranted and that a waiver of time restrictions prescribed 
by law for recommendation for such award is recommended. 
SEC. 574. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF READY 
RESERVE FOR AWARD OF SERVICE MEDAL FOR HEROISM. 
(a) SOLDIER'S MEDAL.—Section 3750(a) of title 10, United States 
Code, is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) The authority in paragraph (1) includes authority to award 
the medal to a member of the Ready Reserve who was not in 
a duty status defined in section 101(d) of this title when the member 
distinguished himself by heroism.". 
(b) NAVY AND MARINE CORPS MEDAL.—Section 6246 of such 
title is amended— 
(1) by designating the text of the section as subsection 
(a); and 
(2) by adding at the end the following new subsection: 
"(b) The authority in subsection (a) includes authority to award 
the medal to a member of the Ready Reserve who was not in 
a duty status defined in section 101(d) of this title when the member 
distinguished himself by heroism.". 
(c) 
AIRMAN'S 
MEDAL.—Section 8750(a) of such 
title 
is 
amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) The authority in paragraph (1) includes authority to award 
the medal to a member of the Ready Reserve who was not in 
a duty status defined in section 101(d) of this title when the member 
distinguished himself by heroism.". 
SEC. 575. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF REC-
OMMENDATIONS FOR DECORATIONS AND AWARDS FOR 
CERTAIN MILITARY INTELLIGENCE PERSONNEL. 
Section 523(b)(1) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 311; 10 U.S.C. 
1130 note) is amended by striking out "during the one-year period 
beginning on the date of the enactment of this Act" and inserting 
in lieu thereof "during the period beginning on February 10, 1996, 
and ending on February 9, 1998". 
10 use 1130 
SEC. 576. ELIGIBILITY 
OF CERTAIN WORLD WAR II 
MILITARY 
note. 
ORGANIZATIONS FOR AWARD OF UNIT DECORATIONS. 
(a) AUTHORITY.—^A unit decoration may be awarded for any 
unit or other organization of the Armed Forces (such as the Military 
Intelligence Service of the Army) that (1) supported the planning 
or execution of combat operations during World War II primarily 
through unit personnel who were attached to other units of the 
Armed Forces or of other allied armed forces, and (2) is not other-
wise eligible for award of the decoration by reason of not usually 
having been deployed as a unit in support of such operations. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1759 
(b) TIME FOR SUBMISSION OF RECOMMENDATION.—Any rec-
ommendation for award of a unit decoration under subsection (a) 
shall be submitted to the Secretary concerned (as defined in section 
101(a)(9) of title 10, United States Code), or to such other official 
as the Secretary concerned may designate, not later than two years 
after the date of the enactment of this Act, 
SEC. 577. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION. 
(a) ENTITLEMENT.—In the case of Vernon J. Baker, Edward 
A, Carter, Junior, and Charles L. Thomas, who were awarded 
the Medal of Honor pursuant to section 561 of Public Law 104-
201 (110 Stat. 2529) and whose names have been entered and 
recorded on the Army, Navy, Air Force, and Coast Guard Medal 
of Honor Roll, the entitlement of those persons to the special pension 
provided under section 1562 of title 38, United States Code (and 
antecedent provisions of law), shall be effective as follows: 
(1) In the case of Vernon J. Baker, for months that begin 
after April 1945. 
(2) In the case of Edward A. Carter, Junior, for months 
that begin after March 1945. 
(3) In the case of Charles L. Thomas, for months that 
begin after December 1944. 
(b) AMOUNT.—^The amount of the special pension payable under 
subsection (a) for a month beginning before the date of the enact-
ment of this Act shall be the amount of the special pension provided 
by law for that month for persons entered and recorded on the 
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll 
(or an antecedent Medal of Honor Roll required by law). 
(c) PAYMENT TO NEXT OF KIN.—In the case of a person referred 
to in subsection (a) who died before receiving full payment of 
the pension pursuant to this section, the Secretary of Veterans 
Affairs shall pay the total amount of the accrued pension, upon 
receipt of application for pajnnent within one year after the date 
of the enactment of this Act, to the deceased person's spouse or, 
if there is no surviving spouse, then to the deceased person's chil-
dren, per stirpes, in equal shares. 
Subtitle H—^Military Justice Matters 
SEC. 581. ESTABLISHMENT OF SENTENCE OF CONFINEMENT FOR LIFE 
WITHOUT ELIGIBILITY FOR PAROLE. 
(a) ESTABLISHMENT OF SENTENCE.—(1) Chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), is 
amended by inserting after section 856 (article 56) the following 
new section (article): 
"§856a. Art. 56a. Sentence of confinement for life without 
eligibility for parole 
"(a) For any offense for which a sentence of confinement for 
life may be adjudged, a court-martial may adjudge a sentence 
of confinement for life without eligibility for parole. 
"(b) An accused who is sentenced to confinement for life without 
eligibility for parole shall be confined for the remainder of the 
accused's life unless— 
"(1) the sentence is set aside or otherwise modified as 
a result of— 
I l l STAT. 1760 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(A) action taken by the convening authority, the Sec-
retary concerned, or another person authorized to act under 
section 860 of this title (article 60); or 
"(B) any other action taken during post-trial procedure 
and review under any other provision of subchapter IX; 
"(2) the sentence is set aside or otherwise modified as 
a result of action taken by a Court of Criminal Appeals, the 
Court of Appeals for the Armed Forces, or the Supreme Court; 
or 
"(3) the accused is pardoned.". 
(2) The table of sections at the beginning of subchapter VIII 
of such chapter is amended by inserting after the item relating 
to section 856 (article 56) the following new item: 
"856a. 56a. Sentence of confinement for life without eligibility for parole.". 
10 use 856a 
(b) EFFECTIVE DATE.—Section 856a of title 10, United States 
iiote. 
Code (article 56a of the Uniform Code of Military Justice), as 
added by subsection (a), shall be applicable only with respect to 
an offense committed after the date of the enactment of this Act. 
SEC. 582. LIMITATION ON APPEAL OF DENIAL OF PAROLE FOR 
OFFENDERS SERVING LIFE SENTENCE. 
(a) EXCLUSIVE AUTHORITY TO GRANT PAROLE ON APPEAL OF 
DENIAL.—Section 952 of title 10, United States Code, is amended— 
(1) by inserting "(a)" before "The Secretary"; and 
(2) by adding at the end the following new subsection: 
"(b) In a case in which parole for an offender serving a sentence 
of confinement for life is denied, only the President or the Secretary 
concerned may grant the offender parole on appeal of that denial. 
The authority to grant parole on appeal in such a case may not 
be delegated.". 
10 use 952 note. 
(b) EFFECTIVE DATE.—Subsection (b) of section 952 of title 
10, United States Code (as added by subsection (a)), shall apply 
only with respect to any decision to deny parole made after the 
date of the enactment of this Act. 
Subtitle I—Other Matters 
SEC. 591. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS. 
(a) INVESTIGATIONS.—(1) Part II of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 79 the following 
new chapter: 
"CHAPTER 80—MISCELLANEOUS INVESTIGA-
TION REQUIREMENTS AND OTHER DUTIES 
"Sec. 
"1561. Complaints of sexual harassment: investigation by commanding officers. 
''§ 1561. Complaints of sexual harassment: Investigation by 
commanding officers 
"(a) ACTION ON COMPLAINTS ALLEGING SEXUAL HARASSMENT.— 
A commanding officer or officer in charge of a unit, vessel, facility, 
or area of the Army, Navy, Air Force, or Marine Corps who receives 
from a member of the command or a civilian employee under 
the supervision of the officer a complaint alleging sexual harassment 
by a member of the armed forces or a civilian employee of the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1761 
Department of Defense shall carry out an investigation of the 
matter in accordance with this section. 
"(b) COMMENCEMENT OF INVESTIGATION.—To the extent prac-
ticable, a commanding officer or officer in charge receiving such 
a complaint shall, within 72 hours after receipt of the complaint— 
"(1) forward the complaint or a detailed description of 
the allegation to the next superior officer in the chain of com-
mand who is authorized to convene a general court-martial; 
"(2) commence, or cause the commencement of, an inves-
tigation of the complaint; and 
"(3) advise the complainant of the commencement of the 
investigation. 
"(c) DURATION OF INVESTIGATION.—TO the extent practicable, 
a commanding officer or officer in charge receiving such a complaint 
shall ensure that the investigation of the complaint is completed 
not later than 14 days after the date on which the investigation 
is commenced. 
"(d) REPORT ON INVESTIGATION.—To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall— 
"(1) submit a final report on the results of the investigation, 
including any action taken as a result of the investigation, 
to the next superior officer referred to in subsection (b)(1) 
within 20 days after the date on which the investigation is 
commenced; or 
"(2) submit a report on the progress made in completing 
the investigation to the next superior officer referred to in 
subsection (b)(1) within 20 days after the date on which the 
investigation is commenced and every 14 days thereafter until 
the investigation is completed and, upon completion of the 
investigation, then submit a final report on the results of the 
investigation, including any action taken as a result of the 
investigation, to that next superior officer. 
"(e) SEXUAL HARASSMENT DEFINED.—In this section, the term 
'sexual harassment' means any of the following: 
"(1) Conduct (constituting a form of sex discrimination) 
that— 
"(A) involves unwelcome sexual advances, requests for 
sexual favors, and deliberate or repeated offensive com-
ments or gestures of a sexual nature when— 
"(i) submission to such conduct is made either 
explicitly or implicitly a term or condition of a person's 
job, pay, or career; 
"(ii) submission to or rejection of such conduct 
by a person is used as a basis for career or emplo3nnent 
decisions affecting that person; or 
"(iii) such conduct has the purpose or effect of 
unreasonably interfering with an individual's work 
performance or creates an intimidating, hostile, or 
offensive working environment; and 
"(B) is so severe or pervasive that a reasonable person 
would perceive, and the victim does perceive, the work 
environment as hostile or offensive. 
"(2) Any use or condonation, by any person in a supervisory 
or command position, of any form of sexual behavior to control, 
influence, or affect the career, pay, or job of a member of 
I l l STAT. 1762 
PUBLIC LAW 105-85—NOV. 18, 1997 
the armed forces or a civilian employee of the Department 
of Defense. 
"(3) Any deliberate or repeated unwelcome verbal comment 
or gesture of a sexual nature in the workplace by any member 
of the armed forces or civilian employee of the Department 
of Defense.". 
(2) The tables of chapters at the beginning of subtitle A, and 
at the beginning of part II of subtitle A, of such title are amended 
by inserting after the item relating to chapter 79 the following 
new item: 
"80. Miscellaneous Investigation Requirements and Other Duties 
1561". 
10USC1561 
(b) REPORTS.—(1) Not later than January 1 of each of 1998 
^ote. 
and 1999, each officer receiving a complaint forwarded in accordance 
with section 1561(b) of title 10, United States Code, as added 
by subsection (a), during the preceding year shall submit to the 
Secretary of the military department concerned a report on all 
such complaints and the investigations of such complaints (including 
the results of the investigations, in cases of investigations completed 
during such preceding year). 
(2)(A) Not later than March 1 of each of 1998 and 1999, each 
Secretary receiving a report under paragraph (1) for a year shall 
submit to the Secretary of Defense a report on all such reports 
so received. 
(B) Not later than April 1 following receipt of a report for 
a year under subparagraph (A), the Secretary of Defense shall 
transmit to Congress all such reports received for the year under 
subparagraph (A) together with the Secretary's assessment of each 
such report. 
SEC. 592. SENSE OF THE SENATE REGARDING STUDY OF MATTERS 
RELATING TO GENDER EQUITY IN THE ARMED FORCES. 
(a) FINDINGS.—^The Senate makes the following findings: 
(1) In the all-volunteer force, women play an integral role 
in the Armed Forces. 
(2) With increasing numbers of women in the Armed 
Forces, questions arise concerning inequalities, and perceived 
inequalities, between the treatment of men and women in the 
Armed Forces. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that 
the Comptroller General should— 
(1) conduct a study on any inequality, or perception of 
inequality, in the treatment of men and women in the Armed 
Forces that arises out of the statutes and regulations governing 
the Armed Forces; and 
(2) submit to the Senate a report on the study not later 
than one year after the date of the enactment of this Act. 
SEC. 593. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN MANAGE-
MENT OF CERTAIN NON-FEDERAL ENTITIES. 
(a) MILITARY PERSONNEL.—(1) Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1032 the follow-
ing new section: 
*
*
§ 1033. Participation in management of specified non-Fed-
eral entities: authorized activities 
"(a) AUTHORIZATION.—^The Secretary concerned may authorize 
a member of the armed forces under the Secretary's jurisdiction 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1763 
to serve without compensation as a director, officer, or trustee, 
or to otherwise participate, in the management of an entity des-
ignated under subsection (b). Any such authorization shall be made 
on a case-by-case basis, for a particular member to participate 
in a specific capacity with a specific designated entity. Such 
authorization may be made only for the purpose of providing over-
sight and advice to, and coordination with, the designated entity, 
and participation of the member in the activities of the designated 
entity may not extend to participation in the day-to-day operations 
of the entity. 
"(b) DESIGNATED ENTITIES.—(1) The Secretary of Defense, and 
the Secretary of Transportation in the case of the Coast Guard 
when it is not operating as a service in the Navy, shall designate 
those entities for which authorization under subsection (a) may 
be provided. The list of entities so designated may not be revised 
more frequently than semiannually. In making such designations, 
the Secretary shall designate each military welfare society and 
may designate any other entity described in paragraph (3). No 
other entities may be designated. 
"(2) In this section, the term 'military welfare society' means 
the following: 
"(A) Army Emergency Relief. 
"(B) Air Force Aid Society, Inc. 
"(C) Navy-Marine Corps Relief Society. 
"(D) Coast Guard Mutual Assistance. 
"(3) An entity described in this paragraph is an entity that 
is not operated for profit and is any of the following: 
"(A) An entity that regulates and supports the athletic 
programs of the service academies (including athletic con-
ferences). 
"(B) An entity that regulates international athletic competi-
tions. 
"(C) An entity that accredits service academies and other 
schools of the armed forces (including regional accrediting agen-
cies). 
"(D) An entity that (i) regulates the performance, stand-
ards, and policies of military health care (including health 
care associations and professional societies), and (ii) has des-
ignated the position or capacity in that entity in which a 
member of the armed forces may serve if authorized under 
subsection (a). 
"(c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED 
PERSONS.—^A designation of an entity under subsection (b), and Federal Register, 
an authorization under subsection (a) of a member of the armed publication, 
forces to participate in the management of such an entity, shall 
be published in the Federal Register. 
"(d) REGULATIONS.—^The Secretary of Defense, and the Sec-
retary of Transportation in the case of the Coast Guard when 
it is not operating as a service in the Navy, shall prescribe regula-
tions to carry out this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1032 
the following new item: 
"1033, Participation in management of specified non-Federal entities: authorized ac-
tivities.". 
(b) CIVILIAN PERSONNEL.—(1) Chapter 81 of such title is 
amended by inserting after section 1588 the following new section: 
I l l STAT. 1764 
PUBLIC LAW 105-85—NOV. 18, 1997 
"§ 1589. Participation in management of specified non-Fed-
eral entities: authorized activities 
"(a) AUTHORIZATION.—(1) The Secretary concerned may author-
ize an employee described in paragraph (2) to serve without com-
pensation as a director, officer, or trustee, or to otherwise partici-
pate, in the management of an entity designated under subsection 
(b). Any such authorization shall be made on a case-by-case basis, 
for a particular employee to participate in a specific capacity with 
a specific designated entity. Such authorization may be made only 
for the purpose of providing oversight and advice to, and coordina-
tion with, the designated entity, and participation of the employee 
in the activities of the designated entity may not extend to participa-
tion in the day-to-day operations of the entity. 
"(2) Paragraph (1) applies to any employee of the Department 
of Defense or, in the case of the Coast Guard when not operating 
as a service in the Navy, of the Department of Transportation. 
For purposes of this section, the term 'employee' includes a civilian 
officer. 
"(b) DESIGNATED ENTITIES.—^The Secretary of Defense, and the 
Secretary of Transportation in the case of the Coast Guard when 
it is not operating as a service in the Navy, shall designate those 
entities for which authorization under subsection (a) may be pro-
vided. The list of entities so designated may not be revised more 
frequently than semiannually. In making such designations, the 
Secretary shall designate each military welfare society named in 
paragraph (2) of section 1033(b) of this title and may designate 
any other entity described in paragraph (3) of such section. No 
other entities may be designated. 
"(c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED 
Federal Register, 
PERSONS.—^A designation of an entity under subsection (b), and 
publication. 
an authorization under subsection (a) of an employee to participate 
in the management of such an entity, shall be published in the 
Federal Register. 
"(d) CIVILIANS OUTSIDE THE MILITARY DEPARTMENTS.—In this 
section, the term 'Secretary concerned' includes the Secretary of 
Defense with respect to employees of the Department of Defense 
who are not employees of a military department. 
"(e) REGULATIONS.—^The Secretary of Defense, and the Secretary 
of Transportation in the case of the Coast Guard when it is not 
operating as a service in the Navy, shall prescribe regulations 
to carry out this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1588 
the following new item: 
"1589. Participation in management of specified non-Federal entities: authorized ac-
tivities.". 
SEC. 594. TREATMENT OF PARTICIPATION OF MEMBERS IN DEPART-
MENT OF DEFENSE CIVIL MILITARY PROGRAMS. 
Section 2012 of title 10, United States Code, is amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) by inserting after subsection (f) the following new sub-
section: 
"(g) TREATMENT OF MEMBER'S PARTICIPATION IN PROVISION OF 
SUPPORT OR SERVICES.—(1) The Secretary of a military department 
may not require or request a member of the armed forces to submit 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1765 
for consideration by a selection board (including a promotion board, 
command selection board, or any other kind of selection board) 
evidence of the member's participation in the provision of support 
and services to non-Department of Defense organizations and activi-
ties under this section or the member's involvement in, or support 
of, other community relations and public affairs activities of the 
armed forces. 
"(2) Paragraph (1) does not prevent a selection board from 
considering material submitted voluntarily by a member of the 
armed forces which provides evidence of the participation of that 
member or another member in activities described in that para-
graph.". 
SEC. 595. COMPTROLLER 
GENERAL STUDY OF DEPARTMENT OF 
DEFENSE CIVIL MILITARY PROGRAMS. 
(a) STUDY REQUIRED.—The Comptroller General shall conduct 
a study to evaluate the following: 
(1) The nature, extent, and cost to the Department of 
Defense of the support and services being provided by units 
and members of the Armed Forces to non-Department of 
Defense organizations and activities under the authority of 
section 2012 of title 10, United States Code. 
(2) The degree to which the Armed Forces are in compliance 
with the requirements of such section in the provision of such 
support and services, especially the requirements that the 
assistance meet specific requirements relative to military train-
ing and that the assistsince provided be incidental to military 
training. 
(3) The degree to which the regulations and procedures 
for implementing such section, as required by subsection (f) 
of such section, are consistent with the requirements of such 
section. 
(4) The effectiveness of the Secretary of Defense and the 
Secretaries of the military departments in conducting oversight 
of the implementation of such section, and the provision of 
such support and services under such section, to ensure compli-
ance with the requirements of such section. 
(b) SUBMISSION OF REPORT.—Not later than March 31, 1998, 
the Comptroller General shall submit to Congress a report contain-
ing the results of the study required by subsection (a). 
SEC. 596. ESTABLISHMENT OF PUBLIC AFFAIRS SPECIALTY IN THE 
ARMY. 
(a) NEW SPECIALTY.—Chapter 307 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 3083. Public Affairs Specialty 
"There is a career field in the Army known as the Public 
Affairs Specialty. Members of the Army with the Public Affairs 
Specialty are— 
"(1) the Chief of Pubhc Affairs; 
"(2) commissioned officers of the Army in the grade of 
major or above who are selected and specifically educated, 
trained, £ind experienced to perform as professional public 
affairs officers for the remainder of their careers; and 
"(3) other members qf the Army assigned to public affairs 
positions by the Secretary of the Army.". 
I l l STAT. 1766 
PUBLIC LAW 105-85—NOV. 18, 1997 
(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: 
"3083. Public Affairs Specialty.". 
SEC. 
597. 
GRADE 
OF 
DEFENSE 
ATTACHE 
IN 
FRANCE. 
(a) IN GENERAL.—Chapter 41 of title 10, United States Code, 
is amended by inserting after section 713 the following new section: 
"§ 714. Defense attache in France: required grade 
"An officer may not be selected for assignment to the position 
of defense attache to the United States embassy in France unless 
the officer holds (or is on a promotion list for promotion to) the 
grade of brigadier general or, in the case of the Navy, rear admiral 
(lower half).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 713 the following new item: 
"714. Defense attache in France: required grade.". 
SEC. 598. REPORT ON CREW REQUIREMENTS OF WC-130J AIRCRAFT. 
(a) STUDY.—The Secretary of the Air Force shall conduct a 
study of the crew requirements for WC-130J aircraft to be procured 
for assignment to the aerial weather reconnaissance mission involv-
ing the eyewall penetration of tropical cyclones. The study shall 
include study of the anticipated operation of WC-130J aircraft 
in weather reconnaissance missions configured to carry five crew-
members, including a navigator. In carrying out the study, the 
Secretary shall provide for participation by members of the Armed 
Forces currently assigned to units engaged in weather reconnais-
sance operations. 
(b) REPORT.—The Secretary shall submit to Congress a report 
on the results of the study. The Secretary shall include in the 
report the views of members of the Armed Forces currently assigned 
to units engaged in weather reconnaissance operations who partici-
pated in the study. If as a result of the study the Secretary deter-
mines that there are crewmembers assigned to weather reconnais-
sance duties in excess of the crew requirements that will be 
applicable for WC-130J aircraft, the Secretary shall include in 
the report a plan for retraining or reassignment of those crew-
members. The study shall be submitted not later than September 
30, 1998. 
SEC. 
599. IMPROVEMENT OF 
MISSING PERSONS AUTHORITIES 
APPLICABLE TO DEPARTMENT OF DEFENSE. 
(a) 
APPLICABILITY TO DEPARTMENT OF DEFENSE 
CIVILIAN 
EMPLOYEES AND CONTRACTOR EMPLOYEES.—(1) Section 1501 of title 
10, United States Code, is amended— 
(A) by striking out subsection (c) and inserting in lieu 
thereof the following: 
"(c) COVERED PERSONS.—(1) Section 1502 of this title applies 
in the case of any member of the armed forces on active duty— 
"(A) who becomes involuntarily absent as a result of a 
hostile action or under circumstances suggesting that the invol-
untary absence is a result of a hostile action; and 
"(B) whose status is undetermined or who is unaccounted 
for. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1767 
"(2) Section 1502 of this title applies in the case of any other 
person who is a citizen of the United States and a civiligm officer 
or employee of the Department of Defense or (subject to paragraph 
(3)) an employee of a contractor of the Department of Defense— 
"(A) who serves in direct support of, or accompanies, the 
armed forces in the field under orders and becomes involuntar-
ily absent as a result of a hostile action or under circumstances 
suggesting that the involuntary absence is a result of a hostile 
action; and 
"(B) whose status is undetermined or who is unaccounted 
for. 
"(3) The Secretary of Defense shall determine, with regard 
to a pending or ongoing military operation, the specific employees, 
or groups of employees, of contractors of the Department of Defense 
to be considered to be covered by this subsection."; and 
(B) by adding at the end the following new subsection: 
"(f) SECRETARY CONCERNED.—In this chapter, the term 'Sec-
retary concerned' includes, in the case of a civilian officer or 
employee of the Department of Defense or an employee of a contrac-
tor of the Department of Defense, the Secretary of the military 
department or head of the element of the Department of Defense 
employing the officer or employee or contracting with the contractor, 
as the case may be.". 
(2) Section 1503(c) of such title is amended— 
(A) in paragraph (1), by striking out "one military officer" 
and inserting in lieu thereof "one individual described in para-
graph (2)"; 
(B) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(C) by inserting after paragraph (1) the following new 
paragraph (2): 
"(2) An individual referred to in paragraph (1) is the following: 
"(A) A military officer, in the case of an inquiry with 
respect to a member of the armed forces. 
"(B) A civilian, in the case of an inquiry with respect 
to a civiligin employee of the Department of Defense or of 
a contractor of the Department of Defense.". 
(3) Section 1504(d) of such title is amended— 
(A) in paragraph (1), by striking out "who are" and all 
that follows in that paragraph and inserting in lieu thereof 
"as follows: 
"(A) In the case of a board that will inquire into the 
whereabouts and status of one or more members of the armed 
forces (and no civilians described in subparagraph (B)), the 
board shall be composed of officers having the grade of major 
or lieutenant commander or above. 
"(B) In the case of a board that will inquire into the 
whereabouts and status of one or more civilian employees of 
the Department of Defense or contractors of the Department 
of Defense (and no members of the armed forces), the board 
shall be composed o
f
— 
"(i) not less than three employees of the Department 
of Defense whose rate of annual pay is equal to or greater 
than the rate of annual pay payable for grade GS-13 
of the General Schedule under section 5332 of title 5; 
and 
I l l STAT. 1768 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(ii) such members of the armed forces as the Secretary 
considers advisable. 
"(C) In the case of a board that will inquire into the 
whereabouts and status of both one or more members of the 
armed forces and one or more civilians described in subpara-
graph (B)— 
"(i) the board shall include at least one officer described 
in subparagraph (A) and at least one employee of the 
Department of Defense described in subparagraph (B)(i); 
and 
"(ii) the ratio of such officers to such employees on 
the board shall be roughly proportional to the ratio of 
the number of members of the armed forces who are sub-
jects of the board's inquiry to the number of civilians who 
are subjects of the board's inquiry."; and 
(B) in paragraph (4), by striking out "section 1503(c)(3)" 
and inserting in lieu thereof "section 1503(c)(4)". 
(4) Paragraph (1) of section 1513 of such title is amended 
to read as follows: 
"(1) The term 'missing person' means— 
"(A) a member of the armed forces on active duty 
who is in a missing status; or 
"(B) a civilian employee of the Department of Defense 
or an employee of a contractor of the Department of Defense 
who serves in direct support of, or accompanies, the armed 
forces in the field under orders and who is in a missing 
status. 
Such term includes an unaccounted for person described in 
section 1509(b) of this title, under the circumstances specified 
in the last sentence of section 1509(a) of this title.". 
(b) TRANSMISSION TO THEATER COMPONENT COMMANDER OF 
ADVISORY COPY OF MISSING PERSON REPORT.—(1) Section 1502 
of such title is amended— 
(A) by redesignating subsection (b) as subsection (c); and 
(B) by inserting after subsection (a) the following new 
subsection (b): 
"(b) TRANSMISSION OF ADVISORY COPY TO THEATER COMPONENT 
COMMANDER.—When transmitting a report under subsection (a)(2) 
recommending that a person be placed in a missing status, the 
commander transmitting that report shall transmit an advisory 
copy of the report to the theater component commander with juris-
diction over the missing person.". 
(2) Section 1513 of such title is amended by adding at the 
end the following new paragraph: 
"(8) The term 'theater component commander' means, with 
respect to any of the combatant commands, an officer of any 
of the armed forces who (A) is commander of all forces of 
that armed force assigned to that combatant command, and 
(B) is directly subordinate to the commander of the combatant 
command.". 
(c) INFORMATION TO ACCOMPANY RECOMMENDATION OF STATUS 
OF DEATH.—Section 1507(b) of such title is amended by adding 
at the end the following new paragraphs: 
"(3) A description of the location of the body, if recovered. 
"(4) If the body has been recovered and is not identifiable 
through visual means, a certification by a forensic pathologist 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1769 
that the body recovered is that of the missing person. In deter-
mining whether to make such a certification, the forensic 
pathologist shall consider, as determined necessary by the Sec-
retary of the military department concerned, additional evi-
dence and information provided by appropriate specialists in 
forensic medicine or other appropriate medical sciences.". 
(d) MISSING PERSON'S COUNSEL.—(1) Sections 1503(f)(1) and 
1504(f)(1) of such title are amended by adding at the end the 
following: "The identity of counsel appointed under this paragraph 
for a missing person shall be made known to the missing person's 
primary next of kin and any other previously designated person 
of the person.". 
(2) Section 1503(f)(4) of such title is amended by adding at 
the end the following: "The primary next of kin of a missing person 
and any other previously designated person of the missing person 
shall have the right to submit information to the missing person's 
counsel relative to the disappearance or status of the missing per-
son.". 
(e) SCOPE OF PREENACTMENT REVIEW.—(1) Section 1509 of such 
title is amended by striking out subsection (a) and inserting in 
lieu thereof the following: 
"(a) REVIEW OF STATUS.—(1) If new information (as defined 
in paragraph (2)) is found or received that may be related to 
one or more unaccounted for persons described in subsection (b) 
(whether or not such information specifically relates (or may specifi-
cally relate) to any particular such unaccounted for person), that 
information shall be provided to the Secretary of Defense. Upon 
receipt of such information, the Secretary shall ensure that the 
information is treated under paragraphs (2) and (3) of section 
1505(c) of this title and under section 1505(d) of this title in the 
same manner as information received under paragraph (1) of section 
1505(c) of this title. For purposes of the applicability of other 
provisions of this chapter in such a case, each such unaccounted 
for person to whom the new information may be related shall 
be considered to be a missing person, 
"(2) For purposes of this subsection, new information is informa-
tion that is credible and that— 
"(A) is found or received after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 1998 
by a United States intelligence agency, by a Department of 
Defense agency, or by a person specified in section 1504(g) 
of this title; or 
"(B) is identified after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 1998 in 
records of the United States as information that could be rel-
evant to the case of one or more unaccounted for persons 
described in subsection (b).". 
(2) Such section is further amended by adding at the end 
the following new subsection: 
"(d) ESTABLISHMENT OF PERSONNEL FILES FOR KOREAN CON-
FLICT CASES.—The Secretary of Defense shall ensure that a person-
nel file is established for each unaccounted for person who is 
described in subsection (b)(1) if the Secretary possesses information 
relevant to that person's status. In the case of a person described 
in subsection (b)(1) for whom a personnel file does not exist, the 
Secretary shall create a personnel file for such person upon receipt 
of new information as provided in subsection (a). Each such file 
I l l STAT. 1770 
PUBLIC LAW 105-85—NOV. 18, 1997 
shall be handled in accordance with, and subject to the provisions 
of, section 1506 of this title in the same manner as applies to 
the file of a missing person.". 
(f) WITHHOLDING OF CLASSIFIED INFORMATION.—Section 1506(b) 
of such title is amended— 
(1) by inserting "(1)" before "The Secretary"; 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; and 
(3) by adding at the end the following: 
"(2) If classified information withheld under this subsection 
refers to one or more unnamed missing persons, the Secretary 
shall ensure that notice of that withheld information, and notice 
of the date of the most recent review of the classification of that 
withheld information, is made reasonably accessible to the primary 
next of kin, members of the immediate family, and the previously 
designated person,". 
(g) 
WITHHOLDING OF 
PRIVILEGED INFORMATION.—Section 
1506(d) of such title is amended— 
(1) in paragraph (2)— 
(A) by inserting "or about unnamed missing persons" 
in the first sentence after "the debriefing report"; 
(B) by striking out "the missing person" in the second 
sentence and inserting in lieu thereof "each missing person 
named in the debriefing report"; and 
(C) by adding at the end the following new sentence: 
"Any information contained in the extract of the debriefing 
report that pertains to unnamed missing persons shall 
be made reasonably accessible to the primary next of kin, 
members of the immediate family, and the previously des-
ignated person."; and 
(2) in paragraph (3), by inserting ", or part of a debriefing 
report," after "a debriefing report". 
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 pajonent 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 desi^ated hardship duty locations. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1771 
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. 
Sec. 652. Conformance of NOAA commissioned officers separation pay to separation 
[)ay for members of other uniformed services, 
igibility 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. 
Subtitle A—^Pay and Allowances 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998. 
37 USC 1009. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment, 
to become effective during fiscal year 1998, required by section 
1009 of title 37, United States Code (as amended by section 604), 
in the rate of monthly basic pay authorized members of the uni-
formed services by section 203(a) of such title shall not be made, 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 1998, Effective date, 
the rates of basic pay of members of the uniformed services are 
increased by 2.8 percent. 
SEC. 602. REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE. 
(a) ENTITLEMENT TO ALLOWANCE.—Section 402 of title 37, 
United States Code, is amended to read as follows: 
"§ 402. Basic allowance for subsistence 
"(a) ENTITLEMENT TO ALLOWANCE.—(1) Except as provided in 
paragraph (2) or otherwise provided by law, each member of a 
uniformed service who is entitled to basic pay is entitled to a 
basic allowance for subsistence as set forth in this section. 
"(2) An enlisted member is not entitled to the basic allowance 
for subsistence during basic training. 
"(b) RATES OF ALLOWANCE BASED ON FOOD COSTS.—(1) 
The 
monthly rate of basic allowance for subsistence to be in effect 
for an enlisted member for a year (beginning on January 1 of 
that year) shall be the amount that is hal^ay between the following 
I l l STAT. 1772 
PUBLIC LAW 105-85—NOV. 18, 1997 
amounts, which are determined by the Secretary of Agriculture 
as of October 1 of the preceding year: 
"(A) The amount equal to the monthly cost of a moderate-
cost food plan for a male in the United States who is between 
20 and 50 years of age. 
"(B) The amount equal to the monthly cost of a liberal 
food plan for a male in the United States who is between 
20 and 50 years of age. 
"(2) The monthly rate of basic allowance for subsistence to 
be in effect for an officer for a year (beginning on January 1 
of that year) shall be the amount equal to the monthly rate of 
basic allowance for subsistence in effect for officers for the preceding 
year, increased by the same percentage by which the rate of basic 
allowance for subsistence for enlisted members for the preceding 
year is increased effective on such January 1. 
"(c) ADVANCE PAYMENT.—The allowance to an enlisted member 
may be paid in advance for a period of not more than three months. 
"(d) SPECIAL RULE FOR MEMBERS AUTHORIZED TO MESS SEPA-
RATELY.—(1) In areas prescribed by the Secretary of Defense, and 
the Secretary of Transportation with respect to the Coast Guard 
when it is not operating as a service in the Navy, an enlisted 
member described in paragraph (2) is entitled to not more than 
the pro rata allowance established under subsection (b)(1) for each 
meal the member buys from a source other than a messing facility 
of the United States. 
"(2) An enlisted member referred to in paragraph (1) is a 
member who is granted permission to mess separately and whose 
duties require the member to buy at least one meal from a source 
other than a messing facility of the United States. 
"(e) POLICIES ON USE OF DINING AND MESSING FACILITIES.— 
The Secretary of Defense, in consultation with the Secretaries con-
cerned, shall prescribe policies regarding use of dining and field 
messing facilities of the uniformed services. 
"(f) REGULATIONS.—(1) The Secretary of Defense shall prescribe 
regulations for the administration of this section. Before prescribing 
the regulations, the Secretary shall consult with each Secretary 
concerned. 
"(2) The regulations shall include the specific rates of basic 
allowance for subsistence required by subsection (b).". 
(b) CONFORMING AMENDMENTS.—(1) Section 404 of title 37, 
United States Code, is amended— 
(A) by striking out subsection (g); and 
(B) by redesignating subsections (h), (i), (j), and (k) as 
subsections (g), (h), (i), and (j), respectively. 
(2) Section 6081(a) of title 10, United States Code, is amended 
by striking out "Except" and all that follows through "subsistence, 
each" and inserting in lieu thereof "Each". 
37 use 402 note. 
(c) TRANSITIONAL AUTHORITY TO PROVIDE BASIC ALLOWANCE 
FOR SUBSISTENCE.— 
(1) 
TRANSITIONAL AUTHORITY.—Notwithstanding section 
402 of title 37, United States Code, as amended by subsection 
(a), during the period beginning on January 1, 1998, and ending 
on the date determined under paragraph (2)— 
(A) the basic allowance for subsistence shall not be 
paid under such section 402; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1773 
(B) a member of the uniformed services is entitled 
to the basic allowance for subsistence only as provided 
in subsection (d); 
(C) an enlisted member of the uniformed services may 
be paid a partial basic allowance for subsistence as provided 
in subsection (e); and 
(D) the rates of the basic allowance for subsistence 
are those rates determined under subsection (f). 
(2) TERMINATION OF TRANSITIONAL AUTHORITY.—The transi-
tional authority provided under paragraph (1) shall terminate 
on the first day of the month immediately following the first 
month for which the monthly equivalent of the rate of basic 
allowance for subsistence payable to enlisted members of the 
uniformed services (when permission to mess separately is 
granted), as determined under subsection (f)(2), is equal to 
or is exceeded by the amount that, except for paragraph (1)(A), 
would otherwise be the monthly rate of basic allowEince for 
subsistence for enlisted members under section 402(b)(1) of 
title 37, United States Code, as amended by subsection (a). 
(d) TRANSITIONAL ENTITLEMENT TO ALLOWANCE.— 
37 use 402 note. 
(1) ENLISTED MEMBERS.— 
(A) TYPES DF ENTITLEMENT.—^An enlisted member is 
entitled to the basic allowance for subsistence, on a daily 
basis, of under one or more of the following circumstances: 
(i) When rations in kind are not available. 
(ii) When permission to mess separately is granted. 
(iii) When assigned to duty under emergency condi-
tions where no messing facilities of the United States 
are available. 
(B) OTHER ENTITLEMENT CIRCUMSTANCES.—An enUsted 
member is entitled to the allowance while on an authorized 
leave of absence, while confined in a hospital, or while 
performing travel under orders away from the member's 
designated post of duty other than field duty or sea duty 
(as defined in regulations prescribed by the Secretary of 
Defense). For purposes of the preceding sentence, a member 
shall not be considered to be performing travel under orders 
away fi-om his designated post of duty if such member— 
(i) is an enlisted member serving the member's 
first tour of active duty; 
(ii) has not actually reported to a permanent duty 
station pursuant to orders directing such assignment; 
and 
(iii) is not actually traveling between stations 
pursuant to orders directing a change of station. 
(C) ADVANCE PAYMENT.—The allowance to an enlisted 
member, when authorized, may be paid in advance for 
a period of not more than three months. 
(2) OFFICERS.—^An officer of a uniformed service who is 
entitled to basic pay is, at all times, entitled to the basic 
allowances for subsistence. An aviation cadet of the Navy, 
Air Force, Marine Corps, or Coast Guard is entitled to the 
same basic allowance for subsistence as is provided for an 
officer of the Navy, Air Force, Marine Corps, or Coast Guard, 
respectively. 
(e) TRANSITIONAL AUTHORITY FOR PARTIAL ALLOWANCE.— 
37 use 402 note. 
I l l STAT. 1774 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) ENLISTED MEMBERS FURNISHED SUBSISTENCE IN KIND.— 
The Secretary of Defense may provide in regulations for an 
enlisted member of a uniformed service to be paid a partial 
basic allowance for subsistence when— 
(A) rations in kind are available to the member; 
(B) the member is not granted permission to mess 
separately; or 
(C) the member is assigned to duty under emergency 
conditions where messing facilities of the United States 
are available. 
(2) MONTHLY PAYMENT.—^Any partial basic allowance for 
subsistence authorized under paragraph (1) shall be calculated 
on a daily basis and paid on a monthly basis. 
37 u s e 402 note. 
(f) TRANSITIONAL RATES.— 
(1) ALLOWANCE FOR OFFICERS.—The monthly rate of basic 
allowance for subsistence for a year (beginning on January 
1 of that year) that is payable to officers of the uniformed 
services shall be the amount that is equal to 101 percent 
of the rate of basic allowance for subsistence that was payable 
to officers of the uniformed services for the preceding year. 
(2) ALLOWANCE FOR ENLISTED MEMBER WITH PERMISSION 
TO MESS SEPARATELY.—The monthly rate of basic allowance 
for subsistence for a year (beginning on January 1 of that 
year) that is payable to an enlisted member of the uniformed 
services entitled to the allowance under subsection (d)(1) shall 
be the amount that is equal to 101 percent of the rate of 
basic allowance for subsistence that was in effect for similarly 
situated enlisted members of the uniformed services for the 
preceding year. 
(3) PARTIAL ALLOWANCE FOR OTHER ENLISTED MEMBERS.— 
The monthly rate of any partial basic allowance for subsistence 
for a year (beginning on January 1 of that year) payable to 
an enlisted member of the uniformed services eligible for the 
allowance under the regulations prescribed under subsection 
(e)(1) shall be the amount equal to the lesser of the following: 
(A) The sum of— 
(i) the partial basic allowance for subsistence in 
effect for the preceding year; and 
(ii) the amount equal to the difference, if any, 
between— 
(I) the monthly equivalent of the rate of basic 
allowance for subsistence that was in effect for 
the preceding year for members of the uniformed 
services above grade E-1 (when permission to mess 
separately is granted), increased by the same 
percentage by which the rates of basic pay for 
members of the uniformed services is increased 
for the current year; and 
(II) the amount equal to 101 percent of the 
monthly equivalent of the rate of basic allowance 
for subsistence that was in effect for the previous 
year for members of the uniformed services above 
grade E-1 (when permission to mess separately 
is granted), 
with the amount so determined under this clause 
multiplied by the number of members estimated to 
be entitled to receive basic allowance for subsistence 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1775 
under subsection (d) for the current year and then 
divided by the number of members estimated to be 
eligible for the partial allowance under the regulations 
prescribed under subsection (e)(1) for that year. 
(B) The amount equal to the difference between— 
(i) the amount that, except for subsection (c)(1)(A), 
would otherwise be the monthly rate of basic allowance 
for subsistence for enlisted members under section 
402(b)(1) of title 37, United States Code; and 
(ii) the amount equal to the monthly equivalent 
of the value of a daily ration, as determined by the 
Under Secretary of Defense (Comptroller) as of October 
1 of the preceding year, 
(g) EFFECTIVE DATE.—This section and the amendments made 
37 use 402 note. 
by this section shall take effect on January 1, 1998. 
SEC. 603. CONSOLIDATION OF BASIC ALLOWANCE FOR QUARTERS, 
VARIABLE HOUSING ALLOWANCE, AND OVERSEAS HOUS-
ING ALLOWANCES. 
(a) CONSOLIDATION OF ALLOWANCES.—Section 403 of title 37, 
United States Code, is amended to read as follows: 
'*§ 403. Basic allowance for housing 
"(a) GENERAL ENTITLEMENT.—(1) Except as otherwise provided 
by law, a member of a uniformed service who is entitled to basic 
pay is entitled to a basic allowance for housing at the monthly 
rates prescribed under this section or another provision of law 
with regard to the applicable component of the basic allowance 
for housing. The amount of the basic allowance for housing for 
a member will vary according to the pay grade in which the member 
is assigned or distributed for basic pay purposes, the dependency 
status of the member, and the geographic location of the member. 
The basic allowance for housing may be paid in advance. 
"(2) A member of a uniformed service with dependents is not 
entitled to a basic allowance for housing as a member with depend-
ents unless the member makes a certification to the Secretary 
concerned indicating the status of each dependent of the member. 
The certification shall be made in accordance with regulations pre-
scribed by the Secretary of Defense. 
"(b) 
BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED 
STATES.—(1) The Secretary of Defense shall determine the costs 
of adequate housing in a military housing area in the United 
States for all members of the uniformed services entitled to a 
basic allowance for housing in that area. The Secretary shall base 
the determination upon the costs of adequate housing for civilians 
with comparable income levels in the same area. 
"(2) Subject to paragraph (3), the monthly amount of a basic 
allowance for housing for an area of the United States for a member 
of a uniformed service is equal to the difference between— 
"(A) the monthly cost of adequate housing in that area, 
as determined by the Secretary of Defense, for members of 
the uniformed services serving in the same pay grade and 
with the same dependency status as the member; and 
"(B) 15 percent of the national average monthly cost of 
adequate housing in the United States, as determined by the 
Secretary, for members of the uniformed services serving in 
I l l STAT. 1776 
PUBLIC LAW 105-85—NOV. 18, 1997 
the same pay grade and with the same dependency status 
as the member. 
"(3) The rates of basic allowance for housing shall be reduced 
as necessary to comply with this paragraph. The total amount 
that may be paid for a fiscal year for the basic allowance for 
housing under this subsection is the product of— 
"(A) the total amount authorized to be paid for such allow-
ance for the preceding fiscal year (as adjusted under paragraph 
(5)); and 
"(B) a fraction— 
"(i) the numerator of which is the index of the national 
average monthly cost of housing for Jime of the preceding 
fiscal year; and 
"(ii) the denominator of which is the index of the 
national average monthly cost of housing for June of the 
fiscal year before the preceding fiscal year. 
"(4) An adjustment in the rates of the basic allowance for 
housing under this subsection as a result of the Secretary's redeter-
mination of housing costs in an area shall take effect on the same 
date as the effective date of the next increase in basic pay under 
section 1009 of this title or other provision of law. 
"(5) In making a determination under paragraph (3) for a 
fiscal year, the amount authorized to be paid for the preceding 
fiscal year for the basic allowance for housing shall be adjusted 
to reflect changes during the year for which the determination 
is made in the number, grade distribution, geographic distribution 
in the United States, and dependency status of members of the 
uniformed services entitled to the allowance from the number of 
such members during the preceding fiscal year. 
"(6) So long as a member of a uniformed service retains uninter-
rupted eligibility to receive a basic allowance for housing within 
an area of the United States, the monthly amount of the allowance 
for the member may not be reduced as a result of changes in 
housing costs in the area, changes in the national average monthly 
cost of housing, or the promotion of the member. 
"(7) In the case of a member without dependents who is 
assigned to duty inside the United States, the location or the 
circumstances of which make it necessary that the member be 
reassigned under the conditions of low-cost or no-cost permanent 
change of station or permanent change of assignment, the member 
may be treated as if the member were not reassigned if the Sec-
retary concerned determines that it would be inequitable to base 
the member's entitlement to, and amount of, a basic allowance 
for housing on the cost of housing in the area to which the member 
is reassigned. 
"(c) 
BASIC ALLOWANCE FOR HOUSING OUTSIDE THE UNITED 
STATES.—(1) The Secretary of Defense may prescribe an overseas 
basic allowance for housing for a member of a uniformed service 
who is on duty outside of the United States. The Secretary shall 
establish the basic allowance for housing under this subsection 
on the basis of housing costs in the overseas area in which the 
member is assigned. 
"(2) So long as a member of a uniformed service retains uninter-
rupted eligibility to receive a basic allowance for housing in an 
overseas area and the actual monthly cost of housing for the mem-
ber is not reduced, the monthly amount of the allowance in an 
area outside the United States may not be reduced as a result 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1777 
of changes in housing costs in the area or the promotion of the 
member. The monthly amount of the allowance may be adjusted 
to reflect changes in currency rates. 
"(d) BASIC ALLOWANCE FOR HOUSING WHEN DEPENDENTS ARE 
UNABLE TO ACCOMPANY MEMBER.—(1) A member of a uniformed 
service with dependents who is on permanent duty at a location 
described in paragraph (2) is entitled to a family separation basic 
allowance for housing under this subsection at a monthly rate 
equal to the rate of the basic allowance for housing established 
under subsection (b) or the overseas basic allowance for housing 
established under subsection (c), whichever applies to that location, 
for members in the same grade at that location without dependents. 
"(2) A permanent duty location referred to in paragraph (1) 
is a location— 
"(A) to which the movement of the member's dependents 
is not authorized at the expense of the United States under 
section 406 of this title, and the member's dependents do not 
reside at or near the location; and 
"(B) at which quarters of the United States are not avail-
able for assignment to the member. 
"(3) In the case of a member with dependents who is assigned 
to duty at a location or under circumstances that, as determined 
by the Secretary concerned, require the member's dependents to 
reside at a different location, the member shall receive a basic 
allowance for housing, as provided in subsection (a) or (b), as 
if the member were assigned to duty in the area in which the 
dependents reside, regardless of whether the member resides in 
quarters of the United States or is also entitled to a family separa-
tion basic allowance for housing by reason of paragraph (1). 
"(4) The family separation basic allowance for housing under 
this subsection shaH be in addition to any other allowance or 
per diem that the member is otherwise entitled to receive under 
this title. A member may receive a basic allowance for housing 
under both paragraphs (1) and (3). 
"(e) EFFECT OF ASSIGNMENT TO QUARTERS.—(1) Except as other-
wise provided by law, a member of a uniformed service who is 
assigned to quarters of the United States or a housing facility 
under the jurisdiction of a uniformed service appropriate to the 
grade, rank, or rating of the member and adequate for the member 
and dependents of the member, if with dependents, is not entitled 
to a basic allowance for housing. 
"(2) A member without dependents who is in a pay grade 
above pay grade E-6 and who is assigned to quarters in the United 
States or a housing facility imder the jurisdiction of a uniformed 
service, appropriate to the grade or rank of the member £ind ade-
quate for the member, may elect not to occupy those quarters 
and instead to receive the basic allowance for housing prescribed 
for the member's pay grade by this section. 
"(3) A member without dependents who is in pay grade E -
6 and who is assigned to quarters of the United States that do 
not meet the minimum adequacy standards established by the 
Secretary of Defense for members in such pay grade, or to a housing 
facility under the jurisdiction of a uniformed service that does 
not meet such standards, may elect not to occupy such quarters 
or facility and instead to receive the basic allowance for housing 
prescribed for the member's pay grade under this section. 
I l l STAT. 1778 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(4) The Secretary concerned may deny the right to make 
an election under paragraph (2) or (3) if the Secretary determines 
that the exercise of such an election would adversely affect a train-
ing mission, military discipline, or military readiness. 
"(5) A member with dependents who is assigned to quarters 
of the United States or a housing facility under the jurisdiction 
of a uniformed service may be paid the basic allowance for housing 
if, because of orders of competent authority, the dependents are 
prevented from occupying those quarters. 
"(f) INELIGIBILITY DURING INITIAL FIELD DUTY OR SEA DUTY.— 
(1) A member of a uniformed service without dependents who 
makes a permanent change of station for assignment to a unit 
conducting field operations is not entitled to a basic allowance 
for housing while on that initial field duty unless the commanding 
officer of the member certifies that the member was necessarily 
required to procure quarters at the member's expense. 
"(2)(A) Except as provided in subparagraphs (B) and (C), a 
member of a uniformed service without dependents who is in a 
pay grade below pay grade E-6 is not entitled to a basic allowance 
for housing while the member is on sea duty. 
Regulations. 
"(B) Under regulations prescribed by the Secretary concerned, 
the Secretary may authorize the payment of a basic allowance 
for housing to a member of a uniformed service without dependents 
who is serving in pay grade E-5 and is assigned to sea duty. 
In prescribing regulations under this subparagraph, the Secretary 
concerned shall consider the availability of quarters for members 
serving in pay grade E-5. 
"(C) Notwithstanding section 421 of this title, two members 
of the uniformed services in a pay grade below pay grade E-
6 who are married to each other, have no other dependents, and 
are simultaneously assigned to sea duty are jointly entitled to 
one basic allowance for housing during the period of such simulta-
neous sea duty. The amount of the allowance shall be based on 
the without dependents rate for the pay grade of the senior member 
of the couple. However, this subparagraph shall not apply to a 
couple if one or both of the members are entitled to a basic allowance 
for housing under subparagraph (B). 
"(3) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service in the Department of the Navy, shall prescribe regula-
tion defining the terms 'field duty' and 'sea duty' for purposes 
of this section. 
"(g) RESERVE MEMBERS.—(1) A member of a reserve component 
without dependents who is called or ordered to active duty in 
support of a contingency operation, or a retired member without 
dependents who is ordered to active duty under section 688(a) 
of title 10 in support of a contingency operation, may not be denied 
a basic allowance for housing if, because of that call or order, 
the member is unable to continue to occupy a residence— 
"(A) which is maintained as the primary residence of the 
member at the time of the call or order; and 
"(B) which is owned by the member or for which the mem-
ber is responsible for rental payments. 
"(2) Paragraph (1) shall not apply if the member is authorized 
transportation of household goods under section 406 of this title 
as part of the call or order to active duty described in such para-
graph. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1779 
"(3) The Secretary of Defense shall establish a rate of basic 
allowance for housing to be paid to a member of a reserve component 
while the member serves on active duty under a call or order 
to active duty specifying a period of less than 140 days, unless 
the call or order to active duty is in support of a contingency 
operation. 
"(h) RENTAL OF PUBLIC QUARTERS.—Notwithstanding any other 
law (including those restricting the occupancy of housing facilities 
under the jurisdiction of a department or agency of the United 
States by members, and their dependents, of the armed forces 
above specified grades, or by members, and their dependents, of 
the National Oceanic and Atmospheric Administration and the Pub-
lic Health Service), a member of a uniformed service, and the 
dependents of the member, may be accepted as tenants in, and 
may occupy on a rental basis, any of those housing facilities, other 
than public quarters constructed or designated for assignment to 
an occupancy without charge by such a member and the dependents 
of the member, if any. Such a member may not, because of occu-
pancy under this subsection, be deprived of any money allowance 
to which the member is otherwise entitled for the rental of quarters. 
"(i) TEMPORARY HOUSING ALLOWANCE WHILE IN TRAVEL OR 
LEAVE STATUS.—^A member of a uniformed service who is in a 
pay grade E-4 (4 or more years of service) or above is entitled 
to a temporary basic allowance for housing (at a rate determined 
by the Secretary of Defense) while the member is in a travel 
or leave status between permanent duty stations, including time 
granted as delay en route or proceed time, when the member 
is not assigned to quarters of the United States. 
"(j) AVL\TI0N CADETS.—The eligibility of an aviation cadet of 
the Navy, Air Force, Marine Corps, or Coast Guard for a basic 
allowance for housing shall be determined as if the aviation cadet 
were a member of the uniformed services in pay grade E-4. 
"(k) ADMINISTRATION.—(1) The Secretary of Defense shall pre- Regulations, 
scribe regulations for the administration of this section. 
"(2) The Secretary concerned may make such determinations 
as may be necessary to administer this section, including determina-
tions of dependency and relationship. When warranted by the cir-
cumst£inces, the Secretary concerned may reconsider and change 
or modify any such determination. The authority of the Secretary 
concerned under this subsection may be delegated. Any determina-
tion made under this section with regard to a member of the 
uniformed services is final and is not subject to review by any 
accounting officer of the United States or a court, unless there 
is fi-aud or gross negligence. 
"(3) Parking facilities (including utility connections) provided 
members of the uniformed services for house trailers and mobile 
homes not owned by the Government shall not be considered to 
be quarters for the purposes of this section or any other provision 
of law. Any fees established by the Government for the use of 
such a facility shall be established in an amount sufficient to 
cover the cost of maintenance, services, and utilities and to amortize 
the cost of construction of the facility over the 25-year period 
beginning with the completion of such construction. 
"(1) TEMPORARY CONTINUATION OF ALLOWANCE FOR DEPEND-
ENTS OF MEMBERS DYING ON ACTIVE DUTY.—(1) The 
Secretary 
of Defense, or the Secretary of Transportation in the case of the 
Coast Guard when not operating as a service in the Navy, may 
I l l STAT. 1780 
PUBLIC LAW 105-85—NOV. 18, 1997 
Termination 
date. 
allow the dependents of a member of the armed forces who dies 
on active duty and whose dependents are occupying family housing 
provided by the Department of Defense, or by the Department 
of Transportation in the case of the Coast Guard, other than on 
a rental basis on the date of the member's death to continue 
to occupy such housing without charge for a period of 180 days. 
"(2) The Secretary concerned may pay a basic allowance for 
housing (at the rate that is payable for members of the same 
grade and dependency status as the deceased member for the area 
where the dependents are residing) to the dependents of a member 
of the uniformed services who dies while on active duty and whose 
dependents— 
"(A) are not occup)dng a housing facility under the jurisdic-
tion of a uniformed service on the date of the member's death; 
"(B) are occupying such housing on a rental basis on such 
date; or 
"(C) vacate such housing sooner than 180 days after the 
date of the member's death. 
"(3) The payment of the allowance under paragraph (2) shall 
terminate 180 days after the date of the member's death. 
"(m) MEMBERS PAYING CHILD SUPPORT.—(1) A member of a 
uniformed service with dependents may not be paid a basic allow-
ance for housing at the with dependents rate solely by reason 
of the pajnnent of child support by the member if— 
"(A) the member is assigned to a housing facility under 
the jurisdiction of a uniformed service; or 
"(B) the member is assigned to sea duty, and elects not 
to occupy assigned quarters for unaccompanied personnel, 
unless the member is in a pay grade above E-4. 
"(2) A member of a uniformed service assigned to quarters 
of the United States or a housing facility under the jurisdiction 
of a uniformed service who is not otherwise authorized a basic 
allowance for housing and who pays child support is entitled to 
the basic cJlowance for housing differential, except for months for 
which the amount payable for the child support is less than the 
rate of the differential. Pajmient of a basic sQlowance for housing 
differential does not affect any entitlement of the member to a 
partial allowance for quarters under subsection (n). 
"(3) The basic allowance for housing differential to which a 
member is entitled under paragraph (2) is the amount equal to 
the difference between— 
"(A) the rate of the basic allowance for quarters (with 
dependents) for the member's pay grade, as such rate was 
in effect on December 31, 1997, under this section (as in effect 
on that date); and 
"(B) the rate of the basic allowance for quarters (without 
dependents) for the member's pay grade, as such rate was 
in effect on December 31, 1997, under this section (as in effect 
on that date). 
"(4) Whenever the rates of basic pay for members of the uni-
formed services are increased, the monthly amount of the basic 
allowance for housing differential computed under paragraph (3) 
shall be increased by the average percentage increase in the rates 
of basic pay. The effective date of the increase shall be the same 
date as the effective date of the increase in the rates of basic 
pay. 
•-^cv. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1781 
"(5) In the case of two members, who have one or more common 
dependents (and no others), who are not married to each other, 
and one of whom pays child support to the other, the amount 
of the basic allowance for housing paid to each member under 
this section shall be reduced in accordance with regulations pre-
scribed by the Secretary of Defense. The total amount of the basic 
allowances for housing paid to the two members may not exceed 
the sum of the amounts of the allowance to which each member 
would be otherwise entitled under this section. 
"(n) PARTIAL ALLOWANCE FOR MEMBERS WITHOUT DEPEND-
ENTS.—(1) A member of a uniformed service without dependents 
who is not entitled to receive a basic allowance for housing under 
subsection (b), (c), or (d) is entitled to a partial basic allowance 
for housing at a rate determined by the Secretary of Defense under 
paragraph (2). 
"(2) The rate of the partial basic allowance for housing is 
the partial rate of the basic allowance for quarters for the member's 
pay grade as such partial rate was in effect on December 31, 
1997, under section 1009(c)(2) of this title (as such section was 
in effect on such date).". 
(b) TRANSITION TO BASIC ALLOWANCE FOR HOUSING.—The Sec- 37 use 403 note. 
retary of Defense shall develop and implement a plan to incremen-
tally manage the rate of growth of the various components of 
the basic allowance for housing authorized by section 403 of title 
37, United States Code (as amended by subsection (a)), during 
a transition period of not more than six years. During the transition 
period, the Secretary may continue to use the authorities provided 
under sections 403, 403a, 405(b), and 427(a) of title 37, United 
States Code (as in effect on the day before the date of the enactment 
of this Act), but subject to such modifications as the Secretary 
considers necessary, to provide allowances for members of the uni-
formed services. 
(c) REPEAL OF SUPERSEDED AUTHORITIES.—(1) Section 403a of 
title 37, United States Code, is repealed. 
(2) Section 405 of such title is amended— 
(A) by striking out subsection (b); and 
(B) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(3) Section 427 of such title is amended— 
(A) by striking out subsection (a); and 
(B) in subsection (b)— 
(i) by striking out "(b) ADDITIONAL SEPARATION ALLOW-
ANCE.—" and inserting in lieu thereof "(a) ENTITLEMENT 
TO ALLOWANCE.—"; 
(ii) in paragraph (1)— 
(I) by striking out ", including subsection (a)," in 
the matter preceding the subparagraphs; 
(II) by inserting "or" at the end of subparagraph 
(B); 
(III) by striking out "; or" at the end of subpara-
graph (C) £ind inserting in lieu thereof a period; and 
(IV) by striking out subparagraph (D); 
(iii) in paragraph (3)— 
(I) by striking out "(3) An allowance" and inserting 
in lieu thereof "(b) ENTITLEMENT WHEN NO RESIDENCE 
OR HOUSEHOLD MAINTAINED FOR DEPENDENTS.—An 
allowance"; and 
I l l STAT. 1782 
PUBLIC LAW 105-85—NOV. 18, 1997 
(II) by striking out "this subsection" and inserting 
in lieu thereof "subsection (a)"; 
(iv) in paragraph (4)— 
(I) by striking out "(4) A member" and inserting 
in Heu thereof "(c) EFFECT OF ELECTION TO SERVE 
UNACCOMPANIED TOUR OF DUTY.—A member"; and 
(II) by striking out "paragraph (1)(A) of this sub-
section" and inserting in heu thereof "subsection 
(a)(1)(A)"; and 
(v) by striking out paragraph (5) and inserting in Ueu 
thereof the following new subsection: 
"(d) ENTITLEMENT WHILE SPOUSE ENTITLED TO BASIC PAY.— 
A member married to another member of the uniformed services 
becomes entitled, regardless of any other dependency status, to 
an allowance under subsection (a) by virtue of duty prescribed 
in subparagraph (A), (B), or (C) of paragraph (1) of such subsection 
if the members were residing together immediately before being 
separated by reasons of execution of military orders. Section 421 
of this title does not apply to bar the entitlement to an allowance 
under this section. However, not more than one monthly allowance 
may be paid with respect to a married couple under this section.". 
(4) The table of sections at the beginning of chapter 7 of 
title 37, United States Code, is amended by striking out the items 
relating to sections 403 and 403a and inserting in lieu thereof 
the following new item: 
"403. Basic allowance for housing.". 
(d) CONFORMING AMENDMENTS.—(1) Title 37, United States 
Code, is amended— 
(A) in section 101(25), by striking out "basic allowance 
for quarters (including any variable housing allowance or sta-
tion housing allowance)" and inserting in lieu thereof "basic 
allowance for housing"; 
(B) in section 406(c), by striking out "sections 404 and 
405" and inserting in lieu thereof "sections 403(c), 404, and 
405"; 
(C) in section 420(c), by striking out "quarters" and insert-
ing in lieu thereof "housing"; 
(D) in section 551(3)(D), by striking out "basic allowance 
for quarters" and inserting in lieu thereof "basic allowance 
for housing"; and 
(E) in section 1014(a), by striking out "basic allowance 
for quarters" and inserting in lieu thereof "basic allowance 
for housing". 
(2) Title 10, United States Code, is amended— 
(A) in section 708(c)(1), by striking out "basic allowance 
for quarters or basic allowance for subsistence" and inserting 
in lieu thereof "basic allowance for housing under section 403 
of title 37, basic allowance for subsistence under section 402 
of such title,"; 
(B) in section 2830(a)— 
(i) in paragraph (1), by striking out "basic allowance 
for quarters" and inserting in lieu thereof "basic allowance 
for housing under section 403 of title 37"; and 
(ii) in paragraph (2), by striking out "basic allowance 
for quarters" and inserting in lieu thereof "basic allowance 
for housing"; 
'JS--'^ ' 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1783 
(C) in section 2882(b)— 
(i) in paragraph (1), by striking out "section 403(b)" 
and inserting in lieu thereof "section 403"; and 
(ii) in paragraph (2), by striking out "basic allowance 
for quarters" and all that follows through the end of the 
paragraph and inserting in lieu thereof "basic allowance 
for housing under section 403 of title 37."; 
(D) in section 7572(b)— 
(i) in paragraph (1), by striking out "the total 
of—" and all that follows through the end of the paragraph 
and inserting in lieu thereof "the basic allowance for hous-
ing payable under section 403 of title 37 to a member 
of the same pay grade without dependents for the period 
during which the member is deprived of quarters on board 
ship."; and 
(ii) in paragraph (2), by striking out "basic allowance 
for quarters" and inserting in lieu thereof "basic allowance 
for housing"; and 
(E) in section 7573, by striking out "basic allowance for 
quarters" and inserting in lieu thereof "basic allowance for 
housing under section 403 of title 37". 
(3) Section 5561(6)(D) of title 5, United States Code, is amended 
by striking out "basic allowance for quarters" and inserting in 
lieu thereof "basic allowance for housing". 
(4) Section 107(b) of title 32, United States Code, is amended 
by striking out "and quarters" and inserting in lieu thereof "and 
housing". 
(5) Section 4(k)(10) of the Military Selective Service Act (50 
U.S.C. App. 454(k)(10)) is amended by striking out "as such terms" 
and all that follows through "extended or amended" and inserting 
in lieu thereof "shall be entitled to receive a dependency allowance 
equal to the basic allowance for housing provided for persons in 
pay grade E-1 under section 403 of title 37, United States Code,". 
(e) EFFECTIVE DATE.—This section and the amendments made 
5 USC 5561 note, 
by this section shall take effect on January 1, 1998. 
SEC. 604. REVISION OF AUTHORITY TO ADJUST COMPENSATION 
NECESSITATED BY REFORM OF SUBSISTENCE AND HOUS-
ING ALLOWANCES. 
(a) REMOVAL OF REFERENCES TO BAS AND BAQ.—(1) Section 
1009 of title 37, United States Code, is amended to read as follows: 
"§ 1009. Adjustments of monthly basic pay 
President. 
"(a) ADJUSTMENT REQUIRED.—Whenever the General Schedule 
of compensation for Federal classified employees, as contained in 
section 5332 of title 5, is adjusted upward as provided in section 
5303 of such title, the President shall immediately make an upward 
adjustment in the monthly basic pay authorized members of the 
uniformed services by section 203(a) of this title. 
"(b) EFFECTIVENESS OF ADJUSTMENT.—An adjustment under 
this section shall— 
"(1) have the force and effect of law; and 
"(2) carry the same effective date as that applying to the 
compensation adjustments provided General Schedule employ-
ees. 
"(c) EQUAL PERCENTAGE INCREASE FOR ALL MEMBERS.—Subject 
to subsection (d), an adjustment under this section shall provide 
I l l STAT. 1784 
PUBLIC LAW 105-85—NOV. 18, 1997 
all eligible members with an increase in the monthly basic pay 
which is of the same percentage as the overall average percentage 
increase in the General Schedule rates of both basic pay and locality 
pay for civilian employees. 
"(d) ALLOCATION OF INCREASE AMONG PAY GRADES AND YEARS-
OF-SERVICE.—(1) Subject to paragraph (2), whenever the President 
determines such action to be in the best interest of the Government, 
he may allocate the overall percentage increase in the monthly 
basic pay under subsection (a) among such pay grade and years-
of-service categories as he considers appropriate. 
"(2) In m ^ i n g any allocation of an overall percentage increase 
in basic pay under paragraph (1)— 
"(A) the amount of the increase in basic pay for any given 
pay grade and years-of-service category after any allocation 
made under this subsection may not be less than 75 percent 
of the amount of the increase in the monthly basic pay that 
would otherwise have been effective with respect to such pay 
grade and years-of-service category under suijsection (c); and 
"(B) the percentage increase in the monthly basic pay in 
the case of any member of the uniformed services with four 
years or less service may not exceed the overall percentage 
increase in the General Schedule rates of basic pay for civilian 
employees. 
"(e) NOTICE OF ALLOCATIONS.—Whenever the President plans 
to exercise the authority of the President imder subsection (d) 
with respect to any anticipated increase in the monthly basic pay 
of members of the uniformed services, the President shall advise 
Congress, at the earliest practicable time prior to the effective 
date of such increase, regarding the proposed allocation of such 
increase. 
"(f) QUADRENNIAL ASSESSMENT OF ALLOCATIONS.—The alloca-
tions of increases made under this section shall be assessed in 
conjunction with the quadrennial review of military compensation 
required by section 1008(b) of this title.". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 19 of such title is amended to read 
as follows: 
"1009. Adjustments of monthly basic pay.". 
37USC109note. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on January 1, 1998. 
SEC. 605. PROTECTION OF TOTAL COMPENSATION OF MEMBERS 
WHILE PERFORMING CERTAIN DUTY. 
Section 1009 of title 37, United States Code, as amended by 
section 604, is further amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) 
PROTECTION OF MEMBER'S TOTAL COMPENSATION WHILE 
PERFORMING CERTAIN DUTY.—(1) The total daily equivalent amount 
of the elements of compensation described in paragraph (3), together 
with other pay and allowances under this title, to be paid to a 
member of the uniformed services who is temporarily assigned 
to duty away from the member's permanent duty station or to 
duty under field conditions at the member's permanent duty station 
shall not be less, for any day during the assignment period, than 
the total amount, for the day immediately preceding the date of 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1785 
the assignment, of the elements of compensation and other pay 
and allowances of the member, 
"(2) Paragraph (1) shall not apply with respect to an element 
of compensation or other pay or allowance of a member during 
an assignment described in such paragraph to the extent that 
the element of compensation or other pay or allowance is reduced 
or terminated due to circumstances unrelated to the assignment. 
"(3) The elements of compensation referred to in this subsection 
mean— 
"(A) the monthly basic pay authorized members of the 
uniformed services by section 203(a) of this title; 
"(B) the basic allowance for subsistence authorized mem-
bers of the uniformed services by section 402 of this title; 
and 
"(C) the basic allowance for housing authorized members 
of the uniformed services by section 403 of this title.". 
Subtitle B—^Bonuses and Special and 
Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United 
States Code, is amended by striking out "September 30, 1998" 
and inserting in lieu thereof "September 30, 1999". 
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1998" and inserting in Heu thereof "September 30, 1999". 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1998" and inserting in Heu thereof "September 30, 1999". 
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of title 37, United States 
Code, is amended by striking out "September 30, 1998" and insert-
ing in lieu thereof "September 30,1999". 
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1998" and inserting in Heu thereof "September 30, 1999". 
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of title 37, United States Code, is amended by 
striking out "September 30, 1998" and inserting in lieu thereof 
"September 30, 1999". 
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of title 
37, United States Code, as redesignated by section 622, is amended 
by striking out "September 30, 1998" and inserting in lieu thereof 
"September 30,1999". 
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of title 10, United States Code, is amended by striking 
out "October 1, 1998" and inserting in lieu thereof "October 1, 
1999". 
39-194 O - 97 - 23 : QL 3 Part 2 
I l l STAT. 1786 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL 
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, 
REGISTERED NURSES, AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
out "September 30, 1998" and inserting in lieu thereof "September 
30, 1999". 
(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1998" and inserting in lieu thereof "September 
30,1999". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1998" and inserting in lieu thereof "September 
30,1999". 
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking out "September 
30, 1998," and inserting in lieu thereof "September 30, 1999,". 
(b) 
REENLISTMENT BONUS FOR ACTIVE 
MEMBERS.—Section 
308(g) of title 37, United States Code, is amended by striking 
out "September 30, 1998" and inserting in lieu thereof "September 
30, 1999". 
(c) 
ENLISTMENT 
BONUSES 
FOR MEMBERS 
WITH 
CRITICAL 
SKILLS.—Sections 308a(c) and 308flc) of title 37, United States 
Code, are each amended by striking out "September 30, 1998" 
and inserting in lieu thereof "September 30,1999". 
(d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 
States Code, is amended by striking out "September 30, 1998" 
and inserting in lieu thereof "September 30,1999". 
(e) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
title 37, United States Code, is amended by striking out "September 
30,1998" and inserting in lieu thereof "September 30,1999". 
if) 
NUCLEAR 
CAREER 
ANNUAL 
INCENTIVE 
BONUS.—Section 
312c(d) of title 37, United States Code, is amended by striking 
out "October 1, 1998" and inserting in lieu thereof "October 1, 
1999". 
SEC. 614. INCREASE IN MINIMUM MONTHLY RATE OF HAZARDOUS 
DUTY INCENTIVE PAY FOR CERTAIN MEMBERS. 
(a) AERIAL FLIGHT CREWMEMBERS.—The table in subsection 
(b) of section 301 of title 37, United States Code, is amended— 
(1) by striking out "110" each place it appears and inserting 
in lieu thereof "150"; and 
(2) by striking out "125" each place it appears and inserting 
in lieu thereof "150". 
(b) AIR WEAPONS CONTROLLER AIRCREW.—The table in sub-
section (c)(2)(A) of such section is amended— 
(1) by striking out "100" in the first column of amounts 
and inserting in lieu thereof "150"; 
(2) by striking out "110" in the last column of eimounts 
and inserting in lieu thereof "150"; and 
(3) by striking out "125" each place it appears and inserting 
in lieu thereof "150". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1787 
(c) OTHER MEMBERS.—Subsection (c)(1) of such section is 
amended— 
(1) by striking out "$110" and inserting in lieu thereof 
"$150"; and 
(2) by striking out "$165" and inserting in Heu thereof 
"$225". 
SEC. 615. INCREASE IN AVIATION CAREER INCENTIVE PAY. 
(a) AMOUNTS.—The table in subsection (b)(1) of section 301a 
of title 37, United States Code, is amended— 
(1) by inserting at the end of phase I of the table the 
following: 
"Over 14 
840"; 
and 
(2) by striking out phase II of the table and inserting 
in lieu thereof the following: 
"PHASE II 
"Monthly 
"Years of service as an officer: 
rate 
"Over 22 
$585 
"Over 23 
495 
"Over 24 
385 
"Over 25 
250". 
(b) CONFORMING AMENDMENTS.—Such subsection is further 
amended in the matter after the table by striking out "18 years" 
both places it appears and inserting in lieu thereof "22 years". 
(c) EFFECTIVE DATE AND APPLICABILITY.—The amendments 
37USC30ia 
made by subsection (a) shall take effect on January 1, 1999, and ^°^^-
shall apply with respect to months beginning on or after that 
date. 
SEC. 616. MODIFICATION OF AVIATION OFFICER RETENTION BONUS. 
(a) INCREASE IN BONUS AMOUNTS.—Subsection (c) of section 
301b of title 37, United States Code, is amended— 
(1) in paragraph (1), by striking out "$12,000" and inserting 
in heu thereof "$25,000"; and 
(2) in paragraph (2), by striking out "$6,000" and inserting 
in lieu thereof "$12,000". 
(b) DURATION OF AGREEMENT.—Paragraph (2) of such sub-
section is further amended by striking out "one or two years" 
and inserting in lieu thereof "one, two, or three years". 
(c) CONTENT OF ANNUAL REPORT.—Subsection (i)(l) of such 
section is amended— 
(1) by inserting "and" at the end of subparagraph (A); 
(2) by striking out "; and" at the end of subparagraph 
(B) and inserting in lieu thereof a period; and 
(3) by striking out subparagraph (C). 
(d) DEFINITION OF AVIATION SPECIALTY.—Subsection (j)(2) of 
such section is amended by inserting "specific" before "community" 
both places it appears. 
(e) EFFECTIVE DATES AND APPLICABILITY.—The amendments 
37USC30ib 
made by this section shall take effect as of October 1, 1996, and note. 
shall apply with respect to agreements accepted under section 301b 
of title 37, United States Code, on or after that date. 
I l l STAT. 1788 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 617. AVAILABILITY OF MULTIYEAR RETENTION BONUS FOR DEN-
TAL OFFICERS. 
(a) AVAILABILITY OF RETENTION BONUS.—Chapter 5 of title 
37, United States Code, is amended by inserting after section 301d 
the following new section: 
"§301e. Miiltiyear retention bonus: dental officers of the 
armed forces 
"(a) BONUS AUTHORIZED.—(1) A dental officer described in sub-
section (b) who executes a written agreement to remain on active 
duty for two, three, or four years after completion of any other 
active-duty service commitment may, upon acceptance of the written 
agreement by the Secretary of the military department concerned, 
be paid a retention bonus as provided in this section. 
"(2) The amount of a retention bonus under paragraph (1) 
may not exceed $14,000 for each year covered by a four-year agree-
ment. The maximum yearly retention bonus for two-year and three-
year agreements shall be reduced to reflect the shorter service 
commitment. 
Applicability. 
"(b) 
OFFICERS 
AUTOMATICALLY 
ELIGIBLE.—Subsection 
(a) 
applies to an officer of the armed forces who— 
"(1) is an officer of the Dental Corps of the Army or the 
Navy or an officer of the Air Force designated as a dental 
officer; 
"(2) has a dental specialty in oral and maxillofacial surgery; 
"(3) is in a pay grade below pay grade 0-7; 
"(4) has at least eight years of creditable service (computed 
as described in section 302b(g) of this title) or has completed 
any active-duty service commitment incurred for dental edu-
cation and training; and 
"(5) has completed initial residency training (or will com-
plete such training before September 30 of the fiscal year 
in which the officer enters into an agreement under subsection 
(a)). 
"(c) EXTENSION OF BONUS TO OTHER DENTAL OFFICERS.—At 
the discretion of the Secretary of the military department concerned, 
the Secretary may enter into a written agreement described in 
subsection (a)(1) with a dental officer who does not have the dental 
specialty specified in subsection (b)(2), and pay a retention bonus 
to such an officer as provided in this section, if the officer otherwise 
satisfies the eligibility requirements specified in subsection (b). 
The Secretaries shall exercise the authority provided in this section 
in a msmner consistent with regulations prescribed by the Secretary 
of Defense. 
"(d) REFUNDS.—(1) Refunds shall be required, on a pro rata 
basis, of sums paid under this section if the officer who has received 
the pa5niient fails to complete the total period of active duty speci-
fied in the agreement, as conditions and circumstances warrant. 
"(2) An obligation to reimburse the United States imposed 
under paragraph (1) is for all purposes a debt owed to the United 
States. 
"(3) A discharge in bankruptcy under title 11, United States 
Code, that is entered less than five years after the termination 
of an agreement under this section does not discharge the member 
signing such agreement from a debt arising under such agreement 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1789 
or under paragraph (1). This paragraph appUes to any case com- Applicability. 
menced under title 11 after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 1998.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 301d the following new item: 
"301e. Multiyear retention bonus: dental officers of the armed forces.". 
SEC. 618. INCREASE IN VARIABLE AND ADDITIONAL SPECIAL PAYS 
FOR CERTAIN DENTAL OFFICERS. 
(a) VARIABLE SPECIAL PAY FOR JUNIOR OFFICERS.—Paragraph 
(2) of section 302b(a) of title 37, United States Code, is amended 
by striking out subparagraphs (C), (D), (E), and (F) and inserting 
in lieu thereof the following new subparagraphs: 
"(C) $7,000 per year, if the officer has at least six but 
less than eight years of creditable service. 
"(D) $12,000 per year, if the officer has at least eight 
but less than 12 years of creditable service. 
"(E) $10,000 per year, if the officer has at least 12 but 
less than 14 years of creditable service. 
"(F) $9,000 per year, if the officer has at least 14 but 
less than 18 years of creditable service. 
"(G) $8,000 per year, if the officer has 18 or more years 
of creditable service.". 
(b) VARIABLE SPECIAL PAY FOR SENIOR OFFICERS.—Paragraph 
(3) of such section is amended by striking out "$1,000" and inserting 
in lieu thereof "$7,000". 
(c) ADDITIONAL SPECIAL PAY.—Paragraph (4) of such section 
is amended by striking out subparagraphs (B), (C), and (D) and 
inserting in lieu thereof the following new subparagraphs: 
"(B) $6,000 per year, if the officer has at least three but 
less than 10 years of creditable service. 
"(C) $15,000 per year, if the officer has 10 or more years 
of creditable service.". 
SEC. 619. AVAILABILITY OF SPECIAL PAY FOR DUTY AT DESIGNATED 
HARDSHIP DUTY LOCATIONS. 
(a) SPECIAL PAY AUTHORIZED.—Subsection (a) of section 305 
of title 37, United States Code, is amended to read as follows: 
"(a) SPECIAL PAY AUTHORIZED.—A member of a uniformed serv-
ice who is entitled to basic pay may be paid special pay under 
this section at a monthly rate not to exceed $300 while the member 
is on duty at a location in the United States or outside the United 
States designated by the Secretary of Defense as a hardship duty 
location.". 
(b) CROSS REFERENCES AND REGULATIONS.—Such section is fur-
ther amended— 
(1) in subsection (b)— 
(A) by inserting "EXCEPTION FOR CERTAIN MEMBERS 
SERVING IN CERTAIN LOCATIONS.—" after "(b)"; and 
(B) by striking out "as foreign duty pay^' and inserting 
in lieu thereof "as hardship duty location pay"; 
(2) in subsection (c)— 
(A) by inserting "EXCEPTION FOR MEMBERS RECEIVING 
CAREER SEA PAY.—" after "(c)"; and 
I l l STAT, 1790 
PUBLIC LAW 105-85—NOV. 18, 1997 
(B) by striking out "special pay under this section" 
and inserting in lieu thereof "hardship duty location pay 
under subsection (a)"; and 
(3) by adding at the end the following new subsection: 
"(d) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the provision of hardship duty location pay under 
subsection (a), including the specific monthly rates at which the 
special pay will be available.". 
(c) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 305. Special pay: hardship duty location pay". 
(2) The table of sections at the beginning of chapter 5 of 
title 37, United States Code, is amended by striking out the item 
relating to section 305 and inserting in lieu thereof the following 
new item: 
"305. Special pay: hardship duty location pay.". 
(d) CONFORMING AMENDMENT.—Section 907(d) of title 37, 
United States Code, is amended by striking out "duty at certain 
places" and inserting in lieu thereof "duty at a hardship duty 
location". 
37 use 305 note. 
(e) TRANSITION.—Until such time as the Secretary of Defense 
prescribes regulations regarding the provision of hardship duty 
location pay under section 305 of title 37, United States Code, 
as amended by this section, the Secretary may continue to use 
the authority provided by such section 305, as in effect on the 
day before the date of the enactment of this Act, to provide special 
pay to enlisted members of the uniformed services on duty at 
certain places. 
SEC. 620. DEFINITION OF SEA DUTY FOR PURPOSES OF CAREER SEA 
PAY. 
Section 305a(d) of title 37, United States Code, is amended— 
(1) in paragraph (1)(A), by striking out ", ship-based staff, 
or ship-based aviation unit"; 
(2) in paragraph (1)(B), by striking out "or ship-based staff'; 
(3) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(4) by inserting after paragraph (1) the following new para-
graph: 
"(2) The Secretary concerned may designate duty performed 
by a member while serving on a ship the primary mission of 
which is accomplished either while under way or in port as 'sea 
duty* for purposes of this section, even though the duty is performed 
while the member is permanently or temporarily assigned to a 
ship-based staff or other unit not covered by paragraph (1).". 
SEC. 621. MODIFICATION OF SELECTED RESERVE REENLISTMENT 
BONUS. 
(a) ELIGIBLE MEMBERS.—Subsection (a)(1) of section 308b of 
title 37, United States Code, is amended by striking out "ten years" 
and inserting in lieu thereof "14 years". 
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of such section 
is amended to read as follows: 
"(b) BONUS AMOUNTS; PAYMENT.—(1) The amount of a bonus 
under this section may not exceed— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1791 
"(A) $5,000, in the case of a member who reenUsts or 
extends an enUstment for a period of six years; 
"(B) $2,500, in the case of a member who, having never 
received a bonus under this section, reenhsts or extends an 
enhstment for a period of three years; and 
"(C) $2,000, in the case of a member who, having received 
a bonus under this section for a previous three-year reenhst-
ment or extension of an enhstment, reenhsts or extends the 
enhstment for an additional period of three years. 
"(2) Any bonus payable under this section shall be disbursed 
in one initial payment of an amount not to exceed one-half of 
the total amount of the bonus and subsequent periodic partial 
payments of the balance of the bonus. The Secretary concerned 
shall prescribe the amount of each partial pa3mient and the schedule 
for making the partial payments.", 
(c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER OF INDIVIDUAL 
BONUSES.—Subsection (c) of such section is amended to read as 
follows: 
"(c) 
CONDITION ON ELIGIBILITY; LIMITATION ON NUMBER OF 
BONUSES.—(1) To be eligible for a second bonus under this section 
in the amount specified in subsection (b)(1)(C), a member must— 
"(A) enter into the subsequent reenlistment or extension 
of an enlistment for a period of three years not later than 
the date on which the enlistment or extension for which the 
first bonus was paid would expire; and 
"(B) still satisfy the designated skill or unit requirements 
required under subsection (a)(2). 
"(2) A member may not be paid more than one six-year bonus 
or two three-year bonuses under this section.". 
(d) EFFECT OF FAILURE TO SERVE SATISFACTORILY.—Subsection 
(d) of such section is amended to read as follows: 
"(d) REPAYMENT OF BONUS.—^A member who receives a bonus 
under this section and who fails, during the period for which the 
bonus was paid, to serve satisfactorily in the element of the Selected 
Reserve of the Ready Reserve with respect to which the bonus 
was paid shall refund to the United States an amoimt that bears 
the same ratio to the amoimt of the bonus paid to the member 
as the period that the member failed to serve satisfactorily bears 
to the total period for which the bonus was paid.". 
(e) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "AUTHORITY AND ELIGI-
BILITY REQUIREMENTS.—" after "(a)"; 
(2) in subsection (e), by inserting "REGULATIONS.—" after 
"(e)"; and 
(3) in subsection (f), by inserting "TERMINATION OF AUTHOR-
ITY.—" after "(f)". 
SEC. 622. MODIFICATION OF SELECTED RESERVE ENLISTMENT BONUS 
FOR FORMER ENLISTED MEMBERS. 
(a) ELIGIBLE PERSONS.—Subsection (a)(2) of section 308i of title 
37, United States Code, is amended— 
(1) in subparagraph (A), by striking out "10 years" and 
inserting in lieu thereof "14 years"; 
(2) in subparagraph (C), by striking out "and"; 
(3) by redesignating subparagraph (D) as subparagraph 
(E); 
I l l STAT. 1792 
PUBLIC LAW 105-85—NOV. 18, 1997 
(4) in subparagraph (E) (as so redesignated), by inserting 
"(except under this section)" after "bonus"; and 
(5) by inserting after subparagraph (C) the following new 
subparagraph: 
"(D) is projected to occupy a position as a member of 
the Selected Reserve in a specialty in which— 
"(i) the person successftiUy served while a member 
on active duty; and 
"(ii) the person attained a level of qualification while 
a member on active duty commensurate with the grade 
and years of service of the member; and". 
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of such section 
is amended to read as follows: 
"(b) BONUS AMOUNTS; PAYMENT.—(1) The amount of a bonus 
under this section may not exceed— 
"(A) $5,000, in the case of a person who enlists for a 
period of six years; 
"(B) $2,500, in the case of a person who, having never 
received a bonus under this section, enlists for a period of 
three years; and 
"(C) $2,000, in the case of a person who, having received 
a bonus under this section for a previous three-year enlistment, 
reenlists or extends the enlistment for an additional period 
of three years. 
"(2) Any bonus payable under this section shall be disbursed 
in one initial payment of an amount not to exceed one-half of 
the total amount of the bonus and subsequent periodic partial 
payments of the balance of the bonus. The Secretary concerned 
shall prescribe the amount of each partial pajrment and the schedule 
for making the partial pa3anents.". 
(c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER OF INDIVIDUAL 
BONUSES.—Subsection (c) of such section is amended to read as 
follows: 
"(c) CONDITION ON ELIGIBILITY; LIMITATION ON NUMBER OF 
BONUSES.—(1) To be eligible for a second bonus under this section 
in the amount specified in subsection (b)(1)(C), a person must— 
"(A) enter into a reenlistment or extension of an enlistment 
for a period of three years not later than the date on which 
the enlistment for which the first bonus was paid would expire; 
and 
"(B) still satisfy the eligibility requirements under sub-
section (a). 
"(2) A person may not be paid more than one six-year bonus 
or two three-year bonuses under this section.". 
(d) REORGANIZATION OF SECTION.—Such section is further 
amended— 
(1) by redesignating subsections (e), (f), and (g) as para-
graphs (2), (3), and (4), respectively, of subsection (d); and 
(2) by redesignating subsections (h) and (i) as subsections 
(e) and (f), respectively. 
(e) CONFORMING AND CLERICAL AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a), by inserting "AUTHORITY AND ELIGI-
BILITY REQUIREMENTS.—" after "(a)"; 
(2) in subsection (d)— 
(A) by inserting "REPAYMENT OF BONUS.—(1)" after 
"(d)"; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1793 
(B) in paragraphs (2) and (4), as redesignated by sub-
section (d)(1), by striking out "subsection (d)" and inserting 
in lieu thereof "paragraph (1)"; and 
(C) in paragraph (3), as redesignated by subsection 
(d)(1)— 
(i) by striking out "subsection (h)" and inserting 
in heu thereof "subsection (e)"; and 
(ii) by striking out "subsection (d)" and inserting 
in Ueu thereof "paragraph (1)"; 
(3) in subsection (e), as redesignated by subsection (d)(2), 
by inserting "REGULATIONS.—" after "(e)"; and 
(4) in subsection (f), as redesignated by subsection (d)(2), 
by inserting "TERMINATION OF AUTHORITY.—" after "(f)". 
SEC. 623. EXPANSION OF RESERVE AFFILIATION BONUS TO INCLUDE 
COAST GUARD RESERVE. 
Section 308e of title 37, United States Code, is amended— 
(1) in subsection (a), by striking out "Under regulations 
prescribed by the Secretary of Defense, the Secretary of a 
military department" and inserting in lieu thereof "The Sec-
retary concerned"; 
(2) in subsection (b)(3), by striking out "designated by the 
Secretary of Defense for the purposes of this section" and insert-
ing in lieu thereof "designated for purposes of this section 
in the regulations prescribed under subsection (f)"; 
(3) in subsection (c)(3), by striking out "regulations pre-
scribed by the Secretary of Defense" and inserting in lieu 
thereof "the regulations prescribed under subsection (f)"; and 
(4) by adding at the end the following new subsections: 
"(f) This section shall be administered under regulations pre-
scribed by the Secretary of Defense for the armed forces under 
the jurisdiction of the Secretary of Defense and by the Secretary 
of Transportation for the Coast Guard when the Coast Guard is 
not operating as a service in the Navy. 
"(g) The authority in subsection (a) does not apply to the 
Secretary of Commerce and the Secretary of Health and Human 
Services.". 
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-
QUALIFIED OFFICERS. 
(a) SPECIAL PAY FOR OFFICERS EXTENDING PERIOD OF ACTIVE 
SERVICE.—Section 312(a) of title 37, United States Code, is amended 
by striking out "$12,000" and inserting in heu thereof "$15,000". 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(a)(l) 
of title 37, United States Code, is amended by striking out "$8,000" 
and inserting in lieu thereof "$10,000". 
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES.—Section 
312c of title 37, United States Code, is amended— 
(1) in subsection (a)(1), by striking out "$10,000" and insert-
ing in lieu thereof "$12,000"; and 
(2) in subsection (b)(1), by striking out "$4,500" and insert-
ing in lieu thereof "$5,500". 
(d) EFFECTIVE DATE.—(1) The amendments made by this section 
shall take effect as of October 1,1997. 
(2) The amendments made by subsections (a) and (b) shall 
apply with respect to agreements accepted under sections 312(a) 
and 312b(a), respectively, of title 37, United States Code, on or 
after October 1, 1997. 
Regulations. 
37 u s e 312 note. 
Applicability. 
I l l STAT. 1794 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 625. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY FOR 
ENLISTED MEMBERS EXTENDING TOURS OF DUTY AT 
DESIGNATED LOCATIONS OVERSEAS. 
(a) INCLUSION OF BONUS INCENTIVE.—(1) Section 314 of title 
37, United States Code, is amended to read as follows: 
**§314. Special pay or bonus: qualified enlisted members 
extending duty at designated locations overseas 
Applicability. 
"(a) COVERED MEMBERS.—This section applies with respect to 
an enlisted member of an armed force who— 
"(1) is entitled to basic pay; 
"(2) has a specialty that is designated by the Secretary 
concerned for the purposes of this section; 
"(3) has completed a tour of duty (as defined in accordance 
with regulations prescribed by the Secretary concerned) at a 
location outside the 48 contiguous States and the District of 
Columbia that is designated by the Secretary concerned for 
the purposes of this section; and 
"(4) at the end of that tour of duty executes an agreement 
to extend that tour for a period of not less than one year. 
"(b) SPECIAL PAY OR BONUS AUTHORIZED.—Upon the acceptance 
by the Secretary concerned of the agreement providing for an exten-
sion of the tour of duty of an enlisted member described in sub-
section (a), the member is entitled, at the election of the Secretary 
concerned, to either— 
"(1) special pay in monthly installments in an amount 
prescribed by the Secretary, but not to exceed $80 per month; 
or 
"(2) an annual bonus in an amount prescribed by the Sec-
retary, but not to exceed $2,000 per year. 
Notification. 
"(c) SELECTION AND PAYMENT OF SPECIAL PAY OR BONUS.— 
Not later than the date on which the Secretary concerned accepts 
an agreement described in subsection (a)(4) providing for the exten-
sion of a member's tour of duty, the Secretary concerned shall 
notify the member regarding whether the member will receive 
special pay or a bonus under this section. The pajrment rate for 
the special pay or bonus shall be fixed at the time of the agreement 
and may not be changed during the period of the extended tour 
of duty. The Secretary concerned may pay a bonus under this 
section either in a lump sum or installments. 
"(d) REPAYMENT OF BONUS.—(1) A member who, having entered 
into a written agreement to extend a tour of duty for a period 
imder subsection (a), receives a bonus payment under subsection 
(bX2) for a 12-month period covered by the agreement and ceases 
during that 12-month period to perform the agreed tour of duty 
shall refund to the United States the unearned portion of the 
bonus. The unearned portion of the bonus is the amount by which 
the amount of the bonus paid to the member exceeds the amount 
determined by multiplying the amount of the bonus paid by the 
percent determined by dividing 12 into the number of fiill months 
during which the member performed the duty in the 12-month 
period. 
"(2) The Secretary concerned may waive the obligation of a 
member to reimburse the United States under paragraph (1) if 
the Secretary determines that conditions and circumstances war-
rant the waiver. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1795 
"(3) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(4) A discharge in bankruptcy under title 11 that is entered 
less than five years after the termination of the agreement does 
not discharge the member signing the agreement from a debt arising 
under the agreement or under paragraph (1). This paragraph Applicability. 
applies to any case commenced under title 11 on or after the 
date of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998. 
"(e) EFFECT OF REST AND RECUPERATIVE ABSENCE.—A member 
who elects to receive one of the benefits specified in section 705(b) 
of title 10 as part of the extension of a tour of duty is not entitled 
to the special pay authorized by subsection (b)(1) for the period 
of the extension of duty for which the benefit under such section 
is provided.". 
(2) The item relating to section 314 in the table of sections 
at the beginning of chapter 5 of such title is amended to read 
as follows: 
"314. Special pay or bonus: qualified enlisted members extending duty at designated 
locations overseas.". 
(b) APPLICATION OF AMENDMENT.—Section 314 of title 37, 37 use 3i4 note. 
United States Code, as amended by subsection (a), shall apply 
with respect to an agreement to extend a tour of duty as provided 
in such section executed on or after October 1, 1997. 
SEC. 626. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE. 
Section 427 of title 37, United States Code (as amended by 
section 603), is further amended in subsection (a)(1) by striking 
out "$75" and inserting in heu thereof "$100". 
SEC. 
627. 
DEADLINE 
FOR 
PAYMENT 
OF 
READY 
RESERVE 
MUSTER 
DUTY 
ALLOWANCE. 
Section 433(c) of title 37, United States Code, is amended— 
(1) in the first sentence, by striking out "and shall be" 
and all that follows through "is performed"; and 
(2) by inserting after the first sentence the following new 
sentence: "The allowance may be paid to the member before, 
on, or after the date on which the muster duty is performed, 
but not later than 30 days after that date.". 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPEND-
ENTS BEFORE APPROVAL OF MEMBER'S COURT-MARTIAL 
SENTENCE. 
Section 406(h)(2)(C) of title 37, United States Code, is amended 
by striking out the comma at the end of clause (iii) and all that 
follows through "title 10." and inserting in lieu thereof a period. 
SEC. 632. DISLOCATION ALLOWANCE. 
(a) IN GENERAL.—Section 407 of title 37, United States Code, 
is amended to read as follows: 
I l l STAT. 1796 
PUBLIC LAW 105-85—NOV. 18, 1997 
"§407. Travel and transportation allowances: dislocation 
allowance 
Regulations. 
"(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.—(1) 
Under regulations prescribed by the Secretary concerned, a member 
of a uniformed service described in paragraph (2) is entitled to 
a primary dislocation allowance at the rate determined under sub-
section (c) for the member's pay grade and dependency status. 
"(2) A member of the uniformed services referred to in para-
graph (1) is any of the following: 
"(A) A member who makes a change of permanent station 
and the member's dependents actually make an authorized 
move in connection with the change, including a move by the 
dependents— 
"(i) to join the member at the member's duty station 
after an unaccompanied tour of duty when the member's 
next tour of duty is an accompanied tour at the same 
station; and 
"(ii) to a location designated by the member after an 
accompanied tour of duty when the member's next tour 
of duty is an unaccompanied tour at the same duty station. 
"(B) A member whose dependents actually move pursuant 
to section 405a(a), 406(e), 406(h), or 554 of this title. 
"(C) A member whose dependents actually move from their 
place of residence under circumstances described in section 
406a of this title. 
"(D) A member who is without dependents and— 
"(i) actually moves to a new permanent station where 
the member is not assigned to quarters of the United 
States; or 
"(ii) actually moves from a place of residence under 
circumstances described in section 406a of this title. 
"(E) A member who is ordered to move in connection with 
the closure or realignment of a military installation and, as 
a result, the member's dependents actually move or, in the 
case of a member without dependents, the member actually 
moves. 
"(3) If a primary dislocation allowance is paid under this sub-
section to a member described in subparagraph (C) or (D)(ii) of 
paragraph (2), the member is not entitled to another dislocation 
allowance as a member described in subparagraph (A) or (E) of 
such paragraph in connection with the same move. 
"(b) SECONDARY ALLOWANCE AUTHORIZED UNDER CERTAIN CIR-
Regulations. 
CUMSTANCES.—(1) Under regulations prescribed by the Secretary 
concerned, whenever a member is entitled to a primary dislocation 
allowance under subsection (a) as a member described in paragraph 
(2)(C) or (2)(D)(ii) of such subsection, the member is also entitled 
to a secondary dislocation allowance at the rate determined under 
subsection (c) for the member's pay grade and dependency status 
if, subsequent to the member or the member's dependents actually 
moving from their place of residence under circumstances described 
in section 406a of this title, the member or member's dependents 
complete that move to a new location and then actually move 
from that new location to another location also under circumstances 
described in section 406a of this title. 
"(2) If a secondary dislocation allowance is paid under this 
subsection, the member is not entitled to a dislocation allowance 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1797 
as a member described in paragraph (2)(A) or (2)(E) of subsection 
(a) in connection with those moves. 
"(c) DISLOCATION ALLOWANCE RATES.—(1) The amount of the 
dislocation allowance to be paid under this section to a member 
shall be based on the member's pay grade and dependency status 
at the time the member becomes entitled to the allowance. 
"(2) The initial rate for the dislocation allowance, for each 
pay grade and dependency status, shall be equal to the rate in 
effect for that pay grade and dependency status on December 31, 
1997, as adjusted by the average percentage increase in the rates 
of basic pay for calendar year 1998. Effective on the same date 
that the monthly rates of basic pay for members are increased 
for a subsequent calendar year, the Secretary of Defense shall 
adjust the rates for the dislocation allowance for that calendar 
year by the percentage equal to the average percentage increase 
in the rates of basic pay for that calendar year. 
"(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1) A member is 
not entitled to more than one dislocation allowance under this 
section during a fiscal year unless— 
"(A) the Secretary concerned finds that the exigencies of 
the service require the member to make more than one change 
of permanent station during the fiscal year; 
"(B) the member is ordered to a service school as a change 
of permanent station; 
"(C) the member's dependents are covered by section 
405a(a), 406(e), 406(h), or 554 of this title; or 
"(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or sub- Applicability. 
section (b) apply with respect to the member or the member's 
dependents. 
"(2) This subsection does not apply in time of national emer-
gency or in time of war. 
"(e) FIRST OR LAST DUTY.—^A member is not entitled to payment 
of a dislocation allowance under this section when the member 
is ordered from the member's home to the member's first duty 
station or from the member's last duty station to the member's 
home. 
"(f) RULE OF CONSTRUCTION.—For purposes of this section, a 
member whose dependents may not make an authorized move in 
connection with a change of permanent station is considered a 
member without dependents. 
"(g) ADVANCE PAYMENT.—A dislocation allowance payable under 
this section may be paid in advance.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 37 USC 407 note, 
shall take effect on January 1, 1998. 
Subtitle D—Retired Pay, Survivor Benefits, 
and Related Matters 
SEC. 641. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION 
IN SURVIVOR BENEFIT PLAN. 
(a) ELECTION TO DISCONTINUE WITHIN ONE YEAR AFTER SEC-
OND ANNIVERSARY OF COMMENCEMENT OF PAYMENT OF RETIRED 
PAY.—(1) Subchapter II of chapter 73 of title 10, United States 
Code, is amended by inserting after section 1448 the following 
new section: 
I l l STAT. 1798 
PUBLIC LAW 105-85—NOV. 18, 1997 
*'§ 1448a. Election to discontinue participation: 
one-year 
opportunity 
after 
second 
anniversary 
of 
commencement of payment of retired pay 
"(a) AUTHORITY.—^A participant in the Plan may, subject to 
the provisions of this section, elect to discontinue participation 
in the Plan at any time during the one-year period beginning 
on the second anniversary of the date on which payment of retired 
pay to the participant commences. 
"(b) CONCURRENCE OF SPOUSE.— 
"(1) CONCURRENCE REQUIRED.—A married participant may 
not (except as provided in paragraph (2)) make an election 
under subsection (a) without the concurrence of the partici-
pant's spouse. 
"(2) EXCEPTIONS.—A participant may make such an election 
without the concurrence of the participant's spouse by establish-
ing to the satisfaction of the Secretary concerned that one 
of the conditions specified in section 1448(a)(3)(C) of this title 
exists. 
"(3) FORM OF CONCURRENCE.—The concurrence of a spouse 
under paragraph (1) shall be made in such written form guid 
shall contain such information as may be required under regula-
tions prescribed by the Secretary of Defense. 
"(c) LIMITATION ON ELECTION WHEN FORMER SPOUSE COVERAGE 
IN EFFECT.—The Hmitation set forth in section 1450(f)(2) of this 
title applies to an election to discontinue participation in the Plan 
under subsection (a). 
"(d) WITHDRAWAL OF ELECTION TO DISCONTINUE.—Section 
1448(b)(1)(D) of this title applies to an election under subsection 
(a). 
"(e) 
CONSEQUENCES 
OF 
DISCONTINUATION.—Section 
1448(b)(1)(E) of this title applies to an election under subsection 
(a). 
"(f) NOTICE TO AFFECTED BENEFICIARIES.—The Secretary con-
cerned shall notify any former spouse or other natural person 
previously designated under section 1448(b) of this title of an elec-
tion to discontinue participation under subsection (a). 
"(g) EFFECTIVE DATE OF ELECTION.—^An election under sub-
section (a) is effective as of the first day of the first calendar 
month following the month in which the election is received by 
the Secretary concerned. 
"(h) INAPPLICABILITY OF IRREVOCABILITY PROVISIONS.—Para-
graphs (4)(B) and (5)(C) of section 1448(a) of this title do not 
apply to prevent an election under subsection (a).". 
(2) The table of sections at the beginning of such subchapter 
is amended by inserting after the item relating to section 1448 
the following new item: 
"1448a. Election to discontinue participation: one-year opportunity after second 
anniversary of commencement of payment of retired pay.'. 
10 use 1448a 
(b) TRANSITION PROVISION FOR CURRENT PARTICIPANTS.—Not-
note. 
withstanding the limitation on the time for making an election 
under section 1448a of title 10, United States Code (as added 
by subsection (a)), that is specified in subsection (a) of such section, 
a participant in the Survivor Benefit Plan under subchapter II 
of chapter 73 of such title may make an election in accordance 
with that section within one year after the effective date of that 
section under subsection (c) if the second anniversary of the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1799 
commencement of pajmient of retired pay to the participant precedes 
that effective date. 
(c) EFFECTIVE DATE.—Section 1448a of title 10, United States 
lo use I448a 
Code, as added by subsection (a), shall take effect 180 days after 
note. 
the date of the enactment of this Act. 
SEC. 642. 
TIME 
IN 
WHICH 
CHANGE 
IN 
SURVIVOR 
BENEFIT 
COVERAGE 
FROM 
FORMER 
SPOUSE 
TO 
SPOUSE 
MAY 
BE 
MADE. 
(a) EXTENSION OF TIME FOR CHANGE.—Section 1450(f)(1)(C) 
of title 10, United States Code, is amended by adding at the end 
the following new sentence: "Notwithstanding the preceding sen-
tence, a change of election under this subsection to provide an 
annuity to a spouse instead of a former spouse may (subject to 
paragraph (2)) be made at any time after the person providing 
the annuity remarries without regard to the time limitation in 
section 1448(a)(5)(A) of this title.". 
(b) APPLICABILITY.—The amendment made by subsection (a) 
10 use 1450 
shall apply with respect to marriages occurring before, on, or after 
note. 
the date of the enactment of this Act. 
SEC. 643. REVIEW OF FEDERAL FORMER SPOUSE PROTECTION LAWS. 
10 USC 1408 
(a) REVIEW REQUIRED.—The Secretary of Defense shall carry 
out a comprehensive review (including a comparison) of— 
(1) the protections, benefits, and treatment afforded under 
Federal law to members and former members of the uniformed 
services and former spouses of such persons; and 
(2) the protections, benefits, and treatment afforded under 
Federal law to employees and former employees of the Govern-
ment and former spouses of such persons. 
(b) MILITARY PERSONNEL MATTERS TO BE REVIEWED.—In the 
case of members and former members of the uniformed services 
and former spouses of such persons, the review under subsection 
(a) shall include the following: 
(1) All provisions of law (principally those originally enacted 
in the Uniformed Services Former Spouses' Protection Act (title 
X of PubHc Law 97-252)) that— 
(A) establish, provide for the enforcement of, or other-
wise protect interests of members and former members 
of the uniformed services and former spouses of such per-
sons in retired or retainer pay of members and former 
members; or 
(B) provide other benefits for members and former 
members of the uniformed services and former spouses 
of such persons. 
(2) The experience of the uniformed services in administer-
ing those provisions of law, including the adequacy and 
effectiveness of the legal assistance provided by the Department 
of Defense in matters related to the Uniformed Services Former 
Spouses' Protection Act. 
(3) The experience of members and former members of 
the uniformed services and former spouses of such persons 
in the administration of those provisions of law. 
(4) The experience of members and former members of 
the uniformed services and former spouses of such persons 
in the application of those provisions of law by State courts. 
(5) The history of State statutes and State court interpreta-
tions of the Uniformed Services Former Spouses' Protection 
Act and other provisions of Federal law described in paragraph 
I l l STAT. 1800 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1)(A) and the extent to which those interpretations follow 
those laws. 
(c) CIVILIAN PERSONNEL MATTERS TO BE REVIEWED.—In the 
case of former spouses of employees and former employees of the 
Government, the review under subsection (a) shall include the 
following: 
(1) All provisions of law that— 
(A) establish, provide for the enforcement of, or other-
wise protect interests of employees and former employees 
of the Government and former spouses of such persons 
in annuities of employees and former employees under 
Federal employees' retirement systems; or 
(B) provide other benefits for employees and former 
employees of the Government and former spouses of such 
persons. 
(2) The experience of the Office of Personnel Management 
and other agencies of the Government in administering those 
provisions of law. 
(3) The experience of employees and former employees of 
the Government and former spouses of such persons in the 
administration of those provisions of law. 
(4) The experience of employees and former employees of 
the Government and former spouses of such persons in the 
application of those provisions of law by State courts. 
(d) SAMPLING AUTHORIZED.—The Secretary may use sampling 
in carrying out the review under this section. 
(e) REPORT.—Not later than September 30, 1999, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives a report on the results of the review under subsection (a). 
The report shall include any recommendations for legislation that 
the Secretary considers appropriate. 
10 use 1448 
SEC. 644. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES. 
^°^^' 
(a) SURVIVOR ANNUITY.—(1) The Secretary concerned shall pay 
an annuity to the qualified surviving spouse of each member of 
the uniformed services who— 
(A) died before March 21, 1974, and was entitled to retired 
or retainer pay on the date of death; or 
(B) was a member of a reserve component of the Armed 
Forces during the period beginning on September 21, 1972, 
and ending on October 1, 1978, and at the time of his death 
would have been entitled to retired pay under chapter 67 of 
title 10, United States Code (as in effect before December 
1, 1994), but for the fact that he was under 60 years of age. 
(2) A qualified surviving spouse for purposes of this section 
is a surviving spouse who has not remarried and who is not eligible 
for an annuity under section 4 of Public Law 92-425 (10 U.S.C. 
1448 note). 
(b) AMOUNT OF ANNUITY.—(1) An annuity under this section 
shall be paid at the rate of $165 per month, as adjusted from 
time to time under paragraph (3). 
(2) An annuity paid to a surviving spouse under this section 
shall be reduced by the amount of any dependency and indemnity 
compensation (DIC) to which the surviving spouse is entitled under 
section 1311(a) of title 38, United States Code. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1801 
(3) Whenever after the date of the enactment of this Act retired 
or retainer pay is increased under section 1401a(b)(2) of title 10, 
United States Code, each annuity that is payable under this section 
shall be increased at the same time and by the same total percent. 
The amount of the increase shall be based on the amount of the 
monthly annuity payable before any reduction under this section. 
(c) APPLICATION REQUIRED.—NO benefit shall be paid to any 
person under this section unless an application for such benefit 
is filed with the Secretary concerned by or on behalf of such person. 
(d) DEFINITIONS.—For purposes of this section: 
(1) The terms "uniformed services" and "Secretary con-
cerned" have the meanings given such terms in section 101 
of title 37, United States Code. 
(2) The term "surviving spouse" has the meaning given 
the terms "widow" and "widower" in paragraphs (3) and (4) 
of section 1447 of title 10, United States Code. 
(e) PROSPECTIVE APPLICABILITY.—(1) Annuities under this sec-
tion shall be paid for months beginning after the month in which 
this Act is enacted. 
(2) No benefit shall accrue to any person by reason of the 
enactment of this section for any period before the first month 
that begins after the month in which this Act is enacted. 
(f) EXPIRATION OF AUTHORITY.—The authority to pay annuities 
under this section shall expire on September 30, 2001. 
SEC. 645. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM 
INCOME WIDOWS. 
(a) PAYMENTS TO BE MADE BY SECRETARY OF VETERANS 
AFFAIRS.—Section 653(d) of the National Defense Authorization 
Act, Fiscal Year 1989 (10 U.S.C. 1448 note) is amended— 
(1) by inserting "(1)" before "An annuity" the first place 
it appears; and 
(2) by adding at the end the following new paragraph: 
"(2) Payment of annuities under this section shall be made 
by the Secretary of Veterans Affairs. In making such payments, 
the Secretary shall combine the payment under this section with 
the payment of £iny amount due the same person under section 
4 of Pubhc Law 92-425 (10 U.S.C. 1448 note), as provided in 
subsection (e)(1) of that section. The Secretary concerned shall 
transfer amounts for payments under this section to the Secretary 
of Veterans Affairs in the same manner as is provided under sub-
section (e)(2) of section 4 of Public Law 92-425 for payments under 
that section.". 
(b) COMBINATION WITH OTHER BENEFITS.—Section 4(e)(1) of 
Public Law 92-425 (10 U.S.C. 1448 note) is amended— 
(1) by inserting after the first sentence the following new 
sentence: "In making such payments, the Secretary shall com-
bine with the payment under this section payment of any 
amount due the same person under section 653(d) of the 
National Defense Authorization Act, Fiscal Year 1989 (10 
U.S.C. 1448 note)."; and 
(2) by inserting "(and, if applicable, under section 653(d) 
of the National Defense Authorization Act, Fiscal Year 1989)" 
after "under this section". 
(c) EFFECTIVE DATE.—The amendments made by this section Applicability. 
take effect on the first day of the first month beginning after 
lO USC 1448 
the date of the enactment of this Act and shall apply with respect '
^
°
*
®
-
I l l STAT. 1802 
PUBLIC LAW 105-85—NOV. 18, 1997 
to payments of benefits for months beginning on or after that 
date, except that the Secretary of Veterans Affairs may provide, 
if necessary for administrative implementation, that such amend-
ments shall apply beginning with a later month, not later than 
the first month beginning more than 180 days after the date of 
the enactment of this Act. 
Subtitle E—Other Matters 
SEC. 651. LOAN REPAYMENT PROGRAM FOR COMMISSIONED OFFICERS 
IN CERTAIN HEALTH PROFESSIONS. 
(a) IN GENERAL.—Chapter 109 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§2173. Education loan repayment program: commissioned 
officers in specified health professions 
"(a) AUTHORITY TO REPAY EDUCATION LOANS.—For the purpose 
of maintaining adequate numbers of commissioned officers of the 
armed forces on active duty who are qualified in the various health 
professions, the Secretary of a military department may repay, 
in the case of a person described in subsection (b), a loan that— 
"(1) was used by the person to finance education regarding 
a health profession; and 
"(2) was obtained fi-om a governmental entity, private 
financial institution, school, or other authorized entity. 
"(b) ELIGIBLE PERSONS.—TO be ehgible to obtain a loan repay-
ment under this section, a person must— 
"(1) satisfy one of the requirements specified in subsection 
(0; 
"(2) be fully qualified for, or hold, an appointment as a 
commissioned officer in one of the health professions; and 
"(3) sign a written agreement to serve on active duty, 
or, if on active duty, to remain on active duty for a period 
in addition to any other incurred active duty obligation. 
"(c) ACADEMIC AND PROFESSIONAL REQUIREMENTS.—One of the 
following academic requirements must be satisfied for purposes 
of determining the eligibility of a person for a loan repayment 
under this section: 
"(1) The person is fully qualified in a health care profession 
that the Secretary of the military department concerned has 
determined to be necessary to meet identified skill shortages. 
"(2) The person is enrolled as a full-time student in the 
final year of a course of study at an accredited educational 
institution leading to a degree in a health profession other 
than medicine or osteopathic medicine. 
"(3) The person is enrolled in the final year of an approved 
graduate program leading to specialty qualification in medicine, 
dentistry, osteopathic medicine, or other health profession. 
"(d) CERTAIN PERSONS INELIGIBLE.—Participants of the Armed 
Forces Health Professions Scholarship and Financial Assistance 
program under subchapter I of chapter 105 of this title and students 
of the Uniformed Services University of the Health Sciences estab-
lished under section 2112 of this title are not eligible for the 
repa5mient of an education loan under this section. 
"(e) LOAN REPAYMENTS.—(1) Subject to the limits established 
by paragraph (2), a loan repayment under this section may consist 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1803 
of payment of the principal, interest, and related expenses of a 
loan obtained by a person described in subsection (b) for— 
"(A) all educational expenses, comparable to all educational 
expenses recognized under section 2127(a) of this title for 
participants in the Armed Forces Health Professions Scholar-
ship and Financial Assistance program; and 
"(B) reasonable living expenses, not to exceed expenses 
comparable to the stipend paid under section 2121(d) of this 
title for participants in the Armed Forces Health Professions 
Scholarship and Finsmcial Assistance program. 
"(2) For each year of obligated service that a person agrees 
to serve in an agreement described in subsection (b)(3), the Sec-
retary of the military department concerned may pay not more 
than $22,000 on behalf of the person. This maximum amount shall Effective date. 
be increased annually by the Secretary of Defense effective October 
1 of each year by the percentage equal to the percent increase 
in the average annual cost of educational expenses and stipend 
costs of a single scholarship under the Armed Forces Health Profes-
sions Scholarship and Financial Assistance program. The total 
amount that may be repaid on behalf of any person may not 
exceed an amount determined on the basis of a four-year active 
duty service obligation. 
"(f)AcTiVE DUTY SERVICE OBLIGATION.—(1) A person entering 
into an agreement described in subsection (b)(3) incurs an active 
duty service obligation. The length of this obligation shall be deter- Regulations. 
mined under regulations prescribed by the Secretary of Defense, 
but those regulations may not provide for a period of obligation 
of less than one year for each maximum annual amount, or portion 
thereof, paid on behalf of the person for qualified loans. 
"(2) For persons on active duty before entering into the agree-
ment, the active duty service obligation shall be served consecutively 
to any other obligation incurred under the agreement. 
"(g) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—A commis-
sioned officer who is relieved of the officer's active duty obligation 
under this section before the completion of that obligation may 
be given, with or without the consent of the officer, any alternative 
obligation comparable to any of the alternative obligations author-
ized by section 2123(e) of this title for participants in the Armed 
Forces Health Professions Scholarship and Financial Assistance 
program. 
"(h) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section, including stsmdards for quali-
fied loans and authorized payees and other terms and conditions 
for the making of loan repajnnents.". 
(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: 
"2173. Education loan repayment program: commissioned officers in specified health 
professions.". 
SEC. 652. CONFORMANCE OF NOAA COMMISSIONED OFFICERS SEPARA-
TION PAY TO SEPARATION PAY FOR MEMBERS OF OTHER 
UNIFORMED SERVICES. 
(a) ELIMINATION OF LIMITATIONS ON AMOUNT OF SEPARATION 
PAY.—Section 9 of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853h) is amended— 
I l l STAT. 1804 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) in subsection (b)(1), by striking out ", or $30,000, which-
ever is less"; 
(2) in subsection (b)(2), by striking out ", but in no event 
more than $15,000"; and 
(3) in subsection (d), by striking out "(1)", and by striking 
out paragraph (2). 
(b) WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX 
PURPOSES FROM CERTAIN SEPARATION PAY.—Section 9(e)(2) of the 
Coast and Geodetic Survey Commissioned Officers' Act of 1948 
(33 U.S.C. 853h(e)(2)) is amended in the first sentence by inserting 
before the period at the end the following: ", less the amount 
of Federal income tax withheld from such pay (such withholding 
being at the flat withholding rate for Federal income tax withhold-
ing, as in effect pursuant to regulations prescribed under chapter 
24 of the Internal Revenue Code of 1986)". 
33 use 853h 
(c) EFFECTIVE DATE AND APPLICATION.—The amendments made 
note. 
by this section shall take effect as of October 1, 1997, and shall 
apply to payments of separation pay that are made after September 
30, 1997. 
SEC. 653. ELIGIBILITY OF PUBLIC HEALTH SERVICE OFFICERS AND 
NCAA 
COMMISSIONED 
CORPS 
OFFICERS FOR 
REIMBURSEMENT OF ADOPTION EXPENSES. 
(a) PUBLIC HEALTH SERVICE.—Section 221(a) of the Public 
Health Service Act (42 U.S.C. 213a(a)) is amended by adding at 
the end the following new paragraph: 
"(16) Section 1052, Reimbursement for adoption expenses.". 
(b) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 
Section 3(a) of the Act of August 10, 1956 (33 U.S.C. 857a(a)), 
is amended by adding at the end the following new paragraph: 
"(16) Section 1052, Reimbursement for adoption expenses.". 
33 use 857a 
(c) PROSPECTIVE APPLICABILITY.—The amendments made by 
note. 
this section shall apply only to adoptions that are completed on 
or after the date of the enactment of this Act. 
SEC. 654. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOW-
ANCES TO WORLD WAR II VETERANS WHO SERVED AS 
GUERRILLA FIGHTERS IN THE PHILIPPINES. 
(a) IN GENERAL.—The Secretary of the military department 
concerned shall pay, upon request, to an individual described in 
subsection (b) the amount determined with respect to that individ-
ual under subsection (c). 
(b) COVERED INDIVIDUALS.—^A payment under subsection (a) 
shall be made to any individual who as a member of the Armed 
Forces during World War II— 
(1) was captured within the territory of the Philippines 
by Japanese forces; 
(2) escaped from captivity; and 
(3) served as a guerrilla fighter in the Philippines during 
the period from January 1942 through February 1945. 
(c) AMOUNT To B E PAID.—The amount of a pajonent under 
subsection (a) shall be the amount of quarters and subsistence 
allowance which accrued to an individual described in subsection 
(b) during the period specified in paragraph (3) of subsection (b) 
and which was not paid to that individual. For the purposes of 
this subsection, the Secretary of War shall be deemed to have 
determined that conditions in the Philippines during the specified 
period justified payment under applicable regulations of quarters 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1805 
and subsistence allowances at the maximum special rate for duty 
where emergency conditions existed. The Secretary shall apply 
interest compounded at the three-month Treasury bill rate. 
(d) PAYMENT TO SURVIVORS.—In the case of any individual 
described in subsection (b) who is deceased, payment under this 
section with respect to that individual shall be made to that individ-
ual's nearest surviving relative, as determined by the Secretary 
concerned. 
SEC. 655. SUBSISTENCE OF MEMBERS OF THE ARMED FORCES ABOVE 
THE POVERTY LEVEL. 
(a) STUDY AND REPORT.—(1) The Secretary of Defense shall 
conduct a study of members of the Armed Forces and their families 
who subsist at, near, or below the poverty level. The study shall 
include the following: 
(A) An £m.alysis of potential solutions for ensuring that 
members of the Armed Forces and their families do not have 
to subsist at, near, or below the poverty level, including poten-
tial solutions involving changes in the system of allowances 
for members. 
(B) Identification of the military populations most likely 
to need income support under Federal Government programs, 
including— 
(i) the populations living in areas of the United States 
where housing costs are notably high; 
(ii) the populations living outside the United States; 
and 
(iii) the number of persons in each identified popu-
lation. 
(C) The desirability of increasing rates of basic pay and 
allowginces for members over a defined period of years by a 
range of percentages that provides for higher percentage 
increases for lower ranking members than for higher ranking 
members. 
(2) Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress 
a report containing the results of the study and such recommenda-
tions as the Secretary considers to be appropriate. 
(b) 
IMPLEMENTATION OF DEPARTMENT OF DEFENSE SPECIAL 
SUPPLEMENTAL FOOD PROGRAM FOR PERSONNEL OUTSIDE THE 
UNITED STATES.—(1) Subsection (b) of section 1060a of title 10, 
United States Code, is amended to read as follows: 
"(b) FEDERAL PAYMENTS AND COMMODITIES.—For the purpose 
of obtaining Federal payments and commodities in order to carry 
out the program referred to in subsection (a), the Secretary of 
Agriculture shall make available to the Secretary of Defense the 
same pajonents and commodities as are made for the special supple-
mental food program in the United States under section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786). The Secretary 
of Defense may use funds available for the Department of Defense 
to carry out the program under subsection (a).". 
(2) Not later than 90 days after the date of the enactment 
10 USC 1060a 
of this Act, the Secretary of Defense shall submit to Congress note. 
a report regarding the intentions of the Secretary regarding 
implementation of the program authorized under section 1060a 
of title 10, United States Code, including any plans to implement 
the program. 
I l l STAT. 1806 
PUBLIC LAW 105-85—NOV. 18, 1997 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Expansion of retiree dental insurance plan to include surviving spouse 
and child dependents of certain deceased members. 
Sec. 702. Provision of prosthetic devices to covered beneficiaries. 
Subtitle B—TRICARE Program 
Sec. 711. Addition of definition of TRICARE program to title 10. 
Sec. 712. Plan for expansion of managed care option of TRICARE program. 
Subtitle C—Uniformed Services Treatment Facilities 
Sec. 721. Implementation 
of designated 
provider agreements 
for 
Uniformed 
Services Treatment Facilities. 
Sec. 722. 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 train-
ing 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 resoiu-ce 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. 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1807 
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 deplo3Tnent 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 Gvilf illness clinical trials program. 
Sec. 771. Sense of Congress concerning Gulf War illness. 
Subtitle A—Health Care Services 
SEC. 701. EXPANSION OF RETIREE DENTAL INSURANCE PLAN TO 
INCLUDE SURVIVING SPOUSE AND CHILD DEPENDENTS 
OF CERTAIN DECEASED MEMBERS. 
Section 1076c(b)(4) of title 10, United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking out "dies" and inserting in lieu thereof 
"died"; and 
(B) by striking out "or" at the end of the subparagraph; 
(2) by striking out the period at the end of subparagraph 
(B) and inserting in lieu thereof "; or"; and 
(3) by adding at the end the following new subparagraph: 
"(C) who died while on active duty for a period of 
more than 30 days and whose eligible dependents are not 
eligible, or no longer eligible, for dental benefits under 
section 1076a of this title pursuant to subsection (i)(2) 
of such section.". 
SEC. 702. PROVISION OF PROSTHETIC DEVICES TO COVERED BENE-
FICIARIES. 
(a) INCLUSION AMONG AUTHORIZED CARE.—Subsection (a) of 
section 1077 of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
"(15) Prosthetic devices, as determined by the Secretary 
of Defense to be necessary because of significant conditions 
resulting from trauma, congenital anomalies, or disease.". 
(b) CONFORMING AMENDMENT.—Subsection (b) of such section 
is amended by striking out paragraph (2) and inserting in lieu 
thereof the following new paragraph: 
"(2) Hearing aids, orthopedic footwear, and spectacles, 
except that, outside of the United States and at stations inside 
the United States where adequate civilian facilities are unavail-
able, such items may be sold to dependents at cost to the 
United States.". 
SEC. 703. STUDY CONCERNING THE PROVISION OF COMPARATIVE 10USC1073 
INFORMATION. 
note. 
(a) STUDY.—^The Secretary of Defense shall conduct a study 
concerning the provision of the information described in subsection 
(b) to beneficiaries under the TRICARE program established under 
the authority of chapter 55 of title 10, United States Code, and 
prepare and submit to Congress a report concerning such study. 
(b) PROVISION OF COMPARATIVE INFORMATION.—Information 
described in this subsection, with respect to a managed care entity 
that contracts with the Secretary of Defense to provide medical 
assistance under the program described in subsection (a), shall 
include the following: 
(1) The benefits covered by the entity involved, including— 
I l l STAT. 1808 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) covered items and services beyond those provided 
under a traditional fee-for-service program; 
(B) any beneficiary cost sharing; and 
(C) 
any 
maximum 
hmitations 
on 
out-of-pocket 
expenses. 
(2) The net monthly premium, if any, under the entity. 
(3) The service area of the entity. 
(4) To the extent available, quality and performance indica-
tors for the benefits under the entity (and how they compare 
to such indicators under the traditional fee-for-service programs 
in the area involved), including— 
(A) disenrollment rates for enroUees electing to receive 
benefits through the entity for the previous two years 
(excluding disenrollment due to death or moving outside 
the service area of the entity); 
(B) information on enrollee satisfaction; 
(C) information on health process and outcomes; 
(D) grievance procedures; 
(E) the extent to which an enrollee may select the 
health care provider of their choice, including health care 
providers within the network of the entity and out-of-net-
work health care providers (if the entity covers out-of-
network items and services); and 
(F) an indication of enrollee exposure to balance billing 
and the restrictions on coverage of items and services pro-
vided to such enrollee by an out-of-network health care 
provider. 
(5) Whether the entity offers optional supplemental benefits 
and the terms and conditions (including premiums) for such 
coverage. 
(6) An overall summary description as to the method of 
compensation of participating physicians. 
Subtitle B—TRICARE Program 
SEC. 711. ADDITION OF DEFINITION OF TRICARE PROGRAM TO 
TITLE 10. 
Section 1072 of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
"(7) The term 'TRICARE program' means the managed 
health care program that is established by the Department 
of Defense under the authority of this chapter, principally sec-
tion 1097 of this title, and includes the competitive selection 
of contractors to financially underwrite the delivery of health 
care services under the Civilian Health and Medical Program 
of the Uniformed Services.". 
SEC. 712. PLAN FOR EXPANSION OF MANAGED CARE OPTION OF 
TRICARE PROGRAM. 
(a) PLAN FOR EXPANSION OF TRICARE PRIME.—The Secretary 
of Defense shall prepare a plan for the expansion of the managed 
care option of the TRICARE Program, known as TRICARE Prime, 
into areas of the United States located outside of the catchment 
areas of medical treatment facilities of the uniformed services, 
but in which the managed care option is a cost-effective alternative 
because o
f
— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1809 
(1) the significant number of members of the uniformed 
services and covered beneficiaries under chapter 55 of title 
10, United States Code (including retired members of the 
Armed Forces and their dependents), who reside in the areas; 
and 
(2) the presence in the areas of sufficient nonmilitary health 
care provider networks. 
(b) ALTERNATIVES.—As an alternative to expansion of TRICARE 
Prime to areas of the United States in which there are few or 
no nonmilitary health care provider networks, the Secretary shall 
include in the plan required under subsection (a) an evaluation 
of the feasibility and cost-effectiveness of providing a member of 
the Armed Forces on active duty who is stationed in such an 
area, or whose dependents reside in such an area, with one or 
both of the following: 
(1) A monetary stipend to assist the member in obtaining 
health care services for the member or the member's depend-
ents. 
(2) A reduction in the cost-sharing requirements applicable 
to the TRICARE program options otherwise available to the 
member to match the reduced cost-sharing responsibilities of 
the managed care option of the TRICARE program. 
(c) SUBMISSION OF PLAN.—Not later than March 1, 1998, the 
Secretary shall submit to Congress the plan required under sub-
section (a). 
Subtitle C—Uniformed Services Treatment 
Facilities 
SEC. 721. IMPLEMENTATION OF DESIGNATED PROVIDER AGREEMENTS 
FOR UNIFORMED SERVICES TREATMENT FACILITIES. 
(a) COMMENCEMENT OF HEALTH CARE SERVICES UNDER AGREE-
MENT.—Subsection (c) of section 722 of the National Defense 
Authorization Act for Fiscal Year 1997 (PubHc Law 104-201, 10 
U.S.C. 1073 note) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B); 
(2) by inserting "(1)" before "Unless"; and 
(3) by adding at the end the following new paragraph: 
"(2) The Secretary may modify the effective date established 
under paragraph (1) for an agreement to permit a transition period 
of not more than six months between the date on which the agree-
ment is executed by the parties and the date on which the des-
ignated provider commences the delivery of health care services 
under the agreement.". 
(b) TEMPORARY CONTINUATION OF EXISTING 
PARTICIPATION 
AGREEMENTS.—Subsection (d) of such section is amended by insert-
ing before the period at the end the following: ", including any 
transitional period provided by the Secretary under paragraph (2) 
of such subsection". 
SEC. 722. CONTINUED ACQUISITION OF REDUCED-COST DRUGS. 
Section 722 of the National Defense Authorization Act for Fiscal 
Year 1997 (PubHc Law 104-201; 10 U.S.C. 1073 note) is amended 
by adding at the end the following new subsection: 
I l l STAT. 1810 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(g) CONTINUED ACQUISITION OF REDUCED-COST DRUGS.—A des-
ignated provider shall be treated as part of the Department of 
Defense for purposes of section 8126 of title 38, United States 
Code, in connection with the provision by the designated provider 
of health care services to covered beneficiaries pursuant to the 
participation agreement of the designated provider under section 
718(c) of the National Defense Authorization Act for Fiscal Year 
1991 (PubHc Law 101-510; 42 U.S.C. 248c note) or pursuant to 
the agreement entered into under subsection (b).". 
SEC. 723. LIMITATION ON TOTAL PAYMENTS. 
Section 726(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (PubHc Law 104-201; 10 U.S.C. 1073 note) is 
amended by adding at the end the following new sentence: "In 
establishing the ceiling rate for enroUees with the designated 
providers who are also eligible for the Civilian Health and Medical 
Program of the Uniformed Services, the Secretary of Defense shall 
take into account the health status of the enroUees.". 
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. 
(a) SUPPLEMENTAL CARE PROGRAM.—(1) Section 1074(c) of title 
10, United States Code, is amended— 
(A) by inserting "(1)" after "(c)"; and 
(B) by adding at the end the following new paragraphs: 
"(2)(A) Subject to such exceptions as the Secretary of Defense 
considers necessary, coverage for medical care for members of the 
armed forces under this subsection, and standards with respect 
to timely access to such care, shall be comparable to coverage 
for medical care and stemdards for timely access to such care 
under the m£maged care option of the TRICARE program known 
as TRICARE Prime. 
Contracts. 
"(B) The Secretary of Defense shall enter into arrangements 
with contractors under the TRICARE program or with other appro-
priate contractors for the timely and efficient processing of claims 
under this subsection. 
"(3)(A) The Secretary of Defense may not require a member 
of the armed forces described in subparagraph (B) to receive routine 
primary medical care at a military medical treatment facility. 
"(B) A member referred to in subparagraph (A) is a member 
of the armed forces on active duty who is entitled to medical 
care under this subsection and who— 
"(i) receives a duty assignment described in subparagraph 
(C); and 
"(ii) pursuant to the assignment of such duty, resides at 
a location that is more than 50 miles, or approximately one 
hour of driving time, from the nearest military medical treat-
ment facility adequate to provide the needed care. 
"(C) A duty assignment referred to in subparagraph (B) means 
any of the following: 
"(i) Permanent duty as a recruiter. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1811 
"(ii) Permanent duty at an educational institution to 
instruct, administer a program of instruction, or provide 
administrative services in support of a program of instruction 
for the Reserve Officers' Training Corps. 
"(iii) Permanent duty as a full-time adviser to a unit of 
a reserve component. 
"(iv) Any other permanent duty designated by the Secretary 
concerned for purposes of this paragraph.". 
(2) The amendments made by paragraph (1) shall apply with 
respect to coverage of medical care for, and the provision of such 
care to, a member of the Armed Forces under section 1074(c) 
of title 10, United States Code, on and after the later of the 
following: 
(A) April 1, 1998. 
(B) The date on which the TRICARE program is in place 
in the service area of the member. 
(b) TEMPORARY AUTHORITY FOR MANAGED CARE EXPANSION TO 
MEMBERS ON ACTIVE DUTY AT CERTAIN REMOTE LOCATIONS.—(1) 
A member of the Armed Forces described in subsection (c) is entitled 
to receive care under the Civilian Health and Medical Program 
of the Uniformed Services. In connection with such care, the Sec-
retary of Defense shall waive the obligation of the member to 
pay a deductible, copayment, or annual fee that would otherwise 
be applicable under that program for care provided to the members 
under the program. 
(2) A member who is entitled under paragraph (1) to receive 
health care services under CHAMPUS shall receive such care from 
a network provider under the TRICARE program if such a provider 
is available in the service area of the member. 
(3) Paragraph (1) shall take effect on the date of the enactment 
of this Act and shall expire with respect to a member upon the 
later of the following: 
(A) The date that is one year after the date of the enactment 
of this Act. 
(B) The date on which the amendments made by subsection 
(a) apply with respect to the coverage of medical care for, 
and provision of such care to, the member. 
(c) ELIGIBLE MEMBERS.—^A member referred to in subsection 
(b) is a member of the Armed Forces on active duty who— 
(1) receives a duty assignment described in subsection (d); 
and 
(2) pursu£int to the assignment of such duty, resides at 
a location that is more than 50 miles, or approximately one 
hour of driving time, from— 
(A) the nearest health care facility of the uniformed 
services adequate to provide the needed care under chapter 
55 of title 10, United States Code; and 
(B) the nearest source of the needed care that is avail-
able to the member under the TRICARE Prime plsm. 
(d) DUTY ASSIGNMENTS COVERED.—A duty assignment referred 
to in subsection (c)(1) means any of the following: 
(1) Permanent duty as a recruiter. 
(2) Permanent duty at an educational institution to 
instruct, administer a program of instruction, or provide 
administrative services in support of a program of instruction 
for the Reserve Officers' Training Corps. 
Applicability. 
10 use 1074 
note. 
10 use 1074 
note. 
Effective date. 
Expiration date. 
10 use 1074 
note. 
10 use 1074 
note. 
I l l STAT. 1812 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 1074 
note. 
10 use 1074 
note. 
Regulations. 
10 use 1076b 
note. 
(3) Permanent duty as a full-time adviser to a unit of 
a reserve component of the Armed Forces. 
(4) Any other permanent duty designated by the Secretary 
concerned for purposes of this subsection. 
(e) PAYMENT OF COSTS.—Deductibles, copajnnents, and annual 
fees not payable by a member by reason of a waiver gremted 
under the regulations prescribed pursuant to subsection (b) shall 
be paid out of funds available to the Department of Defense for 
the Defense Health Program. 
(f) DEFINITIONS.—In this section: 
(1) The term "TRICARE program" has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
(2) The term "TRICARE Prime plan" means a plan under 
the TRICARE program that provides for the voluntary enroll-
ment of persons for the receipt of health care services to be 
furnished in a manner similar to the manner in which health 
care services are furnished by health maintenance organiza-
tions. 
SEC. 732. WAIVER OR REDUCTION OF COPAYMENTS UNDER OVERSEAS 
DENTAL PROGRAM. 
Section 1076a(h) of title 10, United States Code, is amended— 
(1) in the first sentence, by striking out "Secretary" and 
inserting in lieu thereof "Secretary of Defense"; and 
(2) by adding at the end the following new sentence: "In 
the case of such an overseas dental plan, the Secretary may 
waive or reduce the copayments otherwise required by sub-
section (e) to the extent the Secretary determines appropriate 
for the effective and efficient operation of the plan.". 
SEC. 733. PREMIUM COLLECTION REQUIREMENTS FOR MEDICAL AND 
DENTAL INSURANCE PROGRAMS; EXTENSION OF DEAD-
LINE FOR IMPLEMENTATION OF DENTAL INSURANCE 
PROGRAM FOR MILITARY RETIREES. 
(a) PREMIUM COLLECTION FOR SELECTED RESERVE DENTAL 
INSURANCE.—Paragraph (3) of section 1076b(b) of title 10, United 
States Code, is amended to read as follows: 
"(3) The Secretary of Defense shall establish procedures for 
the collection of the member's share of the premium for coverage 
by the dental insurance plan. To the maximum extent practicable, 
a member's share shall be deducted and withheld from the basic 
pay payable to the member for inactive duty training or basic 
pay payable to the member for active duty (if pay is available 
to the member). Such share shall be used to pay the premium 
for coverage by the dental insurance plan.". 
(b) PREMIUM COLLECTION FOR RETIREE DENTAL INSURANCE 
PLAN.—Paragraph (2) of section 1076c(c) of such title is amended 
to read as follows: 
"(2) The Secretary of Defense shall establish procedures for 
the collection of the premiums charged for coverage by the dental 
insuramce plsin. To the maximum extent practicable, the premiums 
payable by a member entitled to retired pay shall be deducted 
and withheld from the retired pay of the member (if pay is available 
to the member).". 
(c) REPORT TO CONGRESS.—Not later than March 1, 1998, the 
Secretary of Defense shall submit to Congress a report on the 
premium collection procedures established pursuant to paragraph 
(3) of section 1076b(b) of title 10, United States Code, and paragraph 
• - • ^ - r f . 4 ? - * ^ 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1813 
(2) of section 1076c(c) of such title. The report shall describe the 
extent to which premium collections are made under such para-
graphs through deductions and withholding from pay. 
(d) LIMITATION ON IMPLEMENTATION OF ALTERNATIVE COLLEC-
TION PROCEDURES.—The Secretary of Defense may not implement 
procedures for collecting premiums under section 1076b(b)(3) of 
title 10, United States Code, or section 1076c(c)(2) of such title 
other than by deductions and withholding from pay until 120 days 
after the date that the Secretary submits a report to Congress 
describing the justifications for implementing such alternative 
procedures. 
(e) EXTENSION OF DEADLINE FOR IMPLEMENTATION OF DENTAL 
INSURANCE PLAN FOR MILITARY RETIREES.—Section 703(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2590) is amended by striking "October 
1, 1997" and inserting "April 1, 1998". 
SEC. 734. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF 
THE PUBLIC HEALTH SERVICE AND NOAA. 
(a) ELIGIBILITY,—(1) Subsection (a) of section 1076c of title 
10, United States Code, is amended by striking out "military retir-
ees" and inserting in lieu thereof "retirees of the uniformed serv-
ices". 
(2) Subsection (b)(1) of such section is amended by striking 
out "Armed Forces" and inserting in lieu thereof "uniformed serv-
ices". 
(b) OFFICIALS RESPONSIBLE.—(1) Subsection (a) of such section 
(as amended by subsection (a)) is further amended by inserting 
", in consultation with the other administering Secretaries," after 
"Secretary of Defense". 
(2) Subsection (h) of such section is amended by striking out 
"Secretary of Transportation" £ind inserting in lieu thereof "other 
administering Secretaries". 
SEC. 735. CONSISTENCY BETWEEN CHAMPUS AND MEDICARE IN PAY-
MENT RATES FOR SERVICES. 
(a) CONFORMITY BETWEEN RATES.—Section 1079(h) of title 10, 
United States Code, is amended by striking out paragraphs (1), 
(2), and (3) and inserting in lieu thereof the following new para-
graph: 
"(1) Except as provided in paragraphs (2) and (3), pa5nrnent 
for a charge for services by an individual health care professional 
(or other noninstitutional health care provider) for which a claim 
is submitted under a plan contracted for under subsection (a) shall 
be equal to an amount determined to be appropriate, to the extent 
practicable, in accordance with the same reimbursement rules as 
apply to payments for similar services under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.). The Secretary of 
Defense shall determine the appropriate pa5mient amount under 
this paragraph in consultation with the other administering Sec-
retaries.". 
(b) REDUCED RATES AUTHORIZED.—Paragraph (5) of such sec-
tion is amended by adding at the end the following new sentence: 
"With the consent of the health care provider, the Secretary is 
also authorized to reduce the authorized payment for certain health 
care services below the amount otherwise required by the pajnuent 
limitations under paragraph (1).". 
10 use 1076b 
note. 
10 use 1076c 
note. 
I l l STAT. 1814 
PUBLIC LAW 105-85—NOV. 18, 1997 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in paragraph (5), by striking out "paragraph (4), the 
Secretary" and inserting in heu thereof "paragraph (2), the 
Secretary of Defense"; and 
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (2), (3), and (4), respectively. 
SEC. 736. USE OF PERSONAL SERVICES CONTRACTS FOR PROVISION 
OF HEALTH CARE SERVICES AND LEGAL PROTECTION 
FOR PROVIDERS. 
(a) USE OF CONTRACTS OUTSIDE MEDICAL TREATMENT FACILI-
TIES.—Section 1091(a) of title 10, United States Code, is amended— 
(1) by inserting "(1)" before "The Secretary of Defense"; 
and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service in the Navy, may also enter into personal services 
contracts to carry out other health care responsibilities of the Sec-
retary (such as the provision of medical screening examinations 
at Military Entrance Processing Stations) at locations outside medi-
cal treatment facilities, as determined necessary pursuant to regula-
tions prescribed by the Secretary. The Secretary may not enter 
into a contract under this paragraph after the end of the one-
year period beginning on the date of the enactment of this para-
graph.". 
(b) DEFENSE OF SUITS.—Section 1089 of such title is amended— 
(1) in subsection (a), by adding at the end the following 
ApplicabUity. 
new sentence: "This subsection shall also apply if the physician, 
dentist, nurse, pharmacist, or paramedical or other supporting 
personnel (or the estate of such person) involved is serving 
under a personal services contract entered into under section 
1091 ofthis title."; and 
(2) in subsection (f)— 
(A) by inserting "(1)" after "(f)"; and 
(B) by adding at the end the following new paragraph: 
"(2) With respect to the Secretary of Defense and the Armed 
Forces Retirement Home Board, the authority provided by para-
graph (1) also includes the authority to provide for reasonable 
attorney's fees for persons described in subsection (a), as determined 
necessary pursuant to regulations prescribed by the head of the 
agency concerned.". 
(c) REPORT.—Not later than March 31, 1998, the Secretary 
of Defense shall submit to Congress a report on the feasible alter-
native means for performing the medical screening examinations 
that are routinely performed at Military Entrance Processing Sta-
tions. The report shall contain a discussion of the feasibility and 
cost of the use o
f
— 
(1) the TRICARE system for the performance of the 
examinations; and 
(2) each other alternative identified in the report. 
SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF 
DEFENSE HEALTH CARE PROFESSIONALS. 
Section 1094 of title 10, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1815 
(2) by inserting after subsection (c) the following new sub-
section: 
"(d)(1) Notwithstanding any law regarding the licensure of 
health care providers, a health-care professional described in para-
graph (2) may practice the health profession or professions of the 
health-care professional in any State, the District of Columbia, 
or a Commonwealth, territory, or possession of the United States, 
regardless of whether the practice occurs in a health care facility 
of the Department of Defense, a civilian facility affiliated with 
the Department of Defense, or any other location authorized by 
the Secretary of Defense. 
"(2) A health-care professional referred to in paragraph (1) 
is a member of the armed forces who— 
"(A) has a current license to practice medicine, osteopathic 
medicine, dentistry, or another health profession; and 
"(B) is performing authorized duties for the Department 
of Defense.". 
SEC. 738. STANDARD FORM AND REQUIREMENTS REGARDING CLAIMS Regulations. 
FOR PAYMENT FOR SERVICES. 
(a) CLARIFICATION OF EXISTING REQUIREMENTS.—Section 1106 
of title 10, United States Code, is eunended to read as follows: 
'*§ 1106. Submittal of claims: standard form; time limits 
"(a) STANDARD FORM.—The Secretary of Defense, after consulta-
tion with the other administering Secretaries, shall prescribe by 
regulation a standard form for the submission of claims for the 
payment of health care services provided under this chapter. 
"(b) TIME FOR SUBMISSION.—^A clsdm for payment for services 
provided under this chapter shall be submitted as provided in 
such regulations not later than one year after the services are 
provided.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 55 of title 10, United States Code, is amended 
by striking out the item relating to section 1106 £ind inserting 
in lieu thereof the following new item: 
"1106. Submittal of claims: standard form; time limits.". 
SEC. 739. CHIROPRACTIC HEALTH CARE DEMONSTRATION PROGRAM. 
(a) TWO-YEAR EXTENSION.—Subsection (b) of section 731 of 
the National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337; 10 U.S.C. 1092 note) is amended by striking out 
"1997" and inserting in heu thereof "1999". 
(b) EXPANSION TO AT LEAST THREE ADDITIONAL TREATMENT 
FACILITIES.—Subsection (a)(2)(A) of such section is amended by 
striking out "not less than 10" and inserting in lieu thereof "the 
National Naval Medical Center, the Walter Reed Army Medical 
Center, and not less than 11 other". 
(c) REPORTS.—Subsection (c) of such section is amended— 
(1) by striking paragraph (3); and 
(2) by adding at the end the following new psiragraphs: 
"(3) Not later than January 30, 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 Representa-
tives a report that identifies the additional treatment facilities 
designated to furnish chiropractic care under the program that 
were not so designated before the report required by paragraph 
I l l STAT. 1816 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) was prepared, together with the plan for the conduct of the 
program at the additional treatment facilities. 
"(4) Not later than May 1, 1998, the Secretary of Defense 
shall modify the plan for evaluating the program submitted pursu-
ant to paragraph (2) in order to provide for the evaluation of 
the program at all of the designated treatment facilities under 
the program, including the treatment facilities referred to in para-
graph (3). 
"(5) Not later than May 1, 2000, the Secretary shall submit 
to the committees referred to in paragraph (3) a final report in 
accordemce with the plan submitted pursuant to paragraph (2).". 
Subtitle E—Other Matters 
SEC. 741. CONTINUED ADMISSION OF CIVILIANS AS STUDENTS IN 
PHYSICIAN ASSISTANT TRAINING PROGRAM OF ARMY 
MEDICAL DEPARTMENT. 
(a) CIVILIAN ATTENDANCE.—(1) Chapter 407 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 4416. Academy of Health Sciences: admission of civilians 
in physician assistant training program 
"(a) IN GENERAL.—The Secretary of the Army may, pursuant 
to an agreement entered into with an accredited institution of 
higher education— 
"(1) permit students of the institution to attend the didactic 
E
ortion of the physician assistant training program conducted 
y the Army Medical Department at the Academy of Health 
Sciences at Fort Sam Houston, Texas; and 
"(2) accept from the institution academic services to support 
the physician assistant training program at the Academy. 
"(b) AGREEMENT FOR EXCHANGE OF SERVICES.—An agreement 
entered into with an institution of higher education under this 
section shall require the institution, in exchange for services pro-
vided under paragraph (1) of subsection (a), to provide academic 
services described in paragraph (2) of such subsection that the 
Secretary and authorized representatives of the institution consider 
appropriate. 
Regulations. 
"(c) SELECTION OF STUDENTS.—In consultation with the author-
ized representatives of the institution of higher education concerned, 
the Secretary shall prescribe the qualifications and methods of 
selection for students of the institution to receive instruction at 
the Academy under this section. The qualifications shall be com-
parable to those generally required for admission to the physician 
assistant training program at the Academy. 
"(d) RULES OF ATTENDANCE.—Except as the Secretary deter-
mines necessary, a student who receives instruction at the Academy 
under this section shall be subject to the same regulations governing 
attendance, discipline, discharge, and dismissal as apply to other 
persons attending the Academy. 
"(e) LIMITATIONS.—The Secretary shall ensure the following: 
"(1) That the Army Medical Department, in carrying out 
an agreement under this section, does not incur costs in excess 
of the costs that the department would incur to obtain, by 
means other than the agreement, academic services that are 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1817 
comparable to those provided by the institution pursuant to 
the agreement. 
"(2) That attendance of civiUan students at the Academy 
under this section does not cause a decrease in the number 
of members of the armed forces enrolled in the physician assist-
ant training program at the Academy. 
"(f) ANNUAL REPORT.—(1) Each year, the Secretary shall submit 
to Congress a report on the exchange of services under this section 
during the year. The report shall contain the following: 
"(A) The number of civilian students who receive instruc-
tion at the Academy under this section. 
"(B) An assessment of the benefits derived by the United 
States. 
"(2) Reports are required under paragraph (1) only for years 
during which an agreement is in effect under this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4416. Academy of Health Sciences: admission of civilians in physician assistant 
training program.". 
(b) EFFECT ON EXISTING DEMONSTRATION PROGRAM.—An agree-
ment entered into under the demonstration program for the admis-
sion of civilians as physician assistant students at the Academy 
of Health Sciences, Fort Sam Houston, Texas, established pursuant 
to section 732 of the National Defense Authorization Act for Fiscal 
Year 1995 (PubHc Law 103-337; 108 Stat. 2810) shall be treated 
as an agreement entered into under section 4416 of title 10, United 
States Code (as added by subsection (a)). The agreement may be 
extended in such manner and for such period as the parties to 
the agreement consider appropriate consistent with section 4416. 
SEC. 742. PAYMENT FOR EMERGENCY HEALTH CARE OVERSEAS FOR 
MILITARY AND CIVILIAN PERSONNEL OF THE ON-SITE 
INSPECTION AGENCY. 
(a) PAYMENT OF COSTS.—The Secretary of Defense may pay 
the costs of any emergency health care that— 
(1) is needed by a member of the Armed Forces, civilian 
employee of the Department of Defense, or civilian employee 
of a contractor operating under a contract with the Department 
of Defense while the member or employee is performing tem-
porary or permanent duty with the On-Site Inspection Agency 
outside the United States; and 
(2) is furnished to such person during fiscal year 1998 
by a source outside the United States. 
(b) FUNDING.—Funds authorized to be appropriated for the 
expenses of the On-Site Inspection Agency for fiscal year 1998 
by this Act shall be available to cover pajnnents for emergency 
health care provided under subsection (a). 
SEC. 
743. AUTHORITY FOR AGREEMENT FOR USE OF MEDICAL 
RESOURCE FACILITY, ALAMOGORDO, NEW MEXICO. 
(a) AUTHORITY.—(1) The Secretary of the Air Force may enter 
into an agreement with Gerald Champion Hospital, Alamogordo, 
New Mexico, under which the Secretary may furnish health care 
services to eligible individuals in a medical resource facility in 
Alamogordo, New Mexico, that is constructed and equipped, in 
part, using funds provided by the Secretary under the agreement. 
(2) For purposes of this section: 
39-194 O - 97 - 24 : QL 3 Part 2 
I l l STAT. 1818 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) The term "eligible individual" means any individual 
eligible for medical and dental care under chapter 55 of title 
10, United States Code, including any member of the uniformed 
services entitled to such care under section 1074(a) of that 
title. 
(B) The terms "medical resource facility" and "facility 
mean the medical resource facility to be constructed and 
equipped pursuant to the agreement authorized by paragraph 
(C) The term "Hospital" meeins Gerald Champion Hospital, 
Alamogordo, New Mexico. 
(b) CONTENT OF AGREEMENT.—^Any agreement entered into 
under subsection (a) shall specify, at a minimum, the following: 
(1) The relationship between the Hospital and the Secretary 
of the Air Force in the provision of health care services to 
eligible individuals in the medical resource facility, including— 
(A) whether or not the Secretary and the Hospital 
are to use and administer the facility jointly or independ-
ently; and 
(B) under what circumstances the Hospital is to act 
as a provider of health care services under the managed 
care option of the TRICARE program known as TRICi^E 
Prime. 
(2) Matters relating to the administration of the agreement, 
including— 
(A) the duration of the agreement; 
(B) the rights and obligations of the Secretary and 
the Hospital under the agreement, including any contract-
ing or grievance procedures applicable under the agree-
ment; 
(C) the types of care to be provided to eligible individ-
uals under the agreement, including the cost to the Depart-
ment of the Air Force of providing the care to eligible 
individuals during the term of the agreement; 
(D) the access of Air Force medical personnel to the 
facility under the agreement; 
(E) the rights and responsibilities of the Secretary 
and the Hospital upon termination of the agreement; and 
(F) any other matters jointly identified by the Secretary 
and the Hospital. 
(3) The nature of the arrangement between the Secretary 
and the Hospital with respect to the ownership of the facility 
and any property under the agreement, including— 
(A) the nature of that arrangement while the agree-
ment is in force; 
(B) the nature of that arrsmgement upon termination 
of the agreement; and 
(C) any requirement for reimbursement of the Sec-
retary by the Hospital as a result of the arreingement 
upon termination of the agreement. 
(4) The amount of the funds made available under sub-
section (c) that the Secretary will contribute for the construction 
and equipping of the facility. 
(5) Any conditions or restrictions relating to the construc-
tion, equipping, or use of the facility. 
(c) AVAILABILITY OF FUNDS FOR CONSTRUCTION AND EQUIPPING 
OF FACILITY.—(1) Of the amount authorized to be appropriated 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1819 
pursuant to section 301(4) for operation and maintenance for the 
Air Force, not more than $7,000,000 may be used by the Secretary 
of the Air Force to make a contribution toward the construction 
and equipping of the medical resource facihty in the event that 
the Secretary enters into the agreement authorized by subsection 
(a). Notwithstanding any other provision of law, the Secretary may 
not use other sources of funds to make a contribution toward 
the construction or equipping of the facility. 
(2) Notwithstanding subsection (b)(3) regarding the ownership 
£ind reimbursement issues to be addressed in the agreement author-
ized by subsection (a), the Secretary may not contribute funds 
made available under paragraph (1) toward the construction and 
equipping of the facility unless the agreement requires, in exchange 
for the contribution, that the Hospital provide health care services 
to eligible individuals without charge to the Secretary or at a 
reduced rate. The value of the services provided by the Hospital 
shall be at least equal to the amount of the contribution made 
by the Secretary, and the Hospital shall complete the provision 
of services equal in value to the Secretary's contribution within 
seven years after the facility becomes operational. The provision 
of additional discounted services to be provided by the Hospital 
shall be included in the agreement. The value and types of services 
to be provided by the Hospital shall be negotiated in accordance 
with principles of resource-sharing agreements under the TRICARE 
program. 
(d) NOTICE AND WAIT.—The Secretary of the Air Force may 
not enter into the agreement authorized by subsection (a) until 
90 days after the Secretary of Defense submits to the congressional 
defense committees the report required by subsection (e). 
(e) 
REPORT ON PROPOSED AGREEMENT.—The Secretary 
of 
Defense shall submit to Congress a report containing an analysis 
of, and recommendations regarding, the agreement proposed to 
be entered into under subsection (a), in particular, the implications 
of the agreement on regional health care costs and its effect on 
implementation of the TRICARE program in the region. The report 
shall also include a copy of the agreement, the results of a cost-
benefit analysis conducte<l by the Secretary of the Air Force with 
respect to the agreement, and such other information with respect 
to the agreement as the Secretary of Defense and the Secretary 
of the Air Force considers appropriate. The cost-benefit analysis 
shall consider the effects of the agreement on operation and mainte-
nance and military construction requirements at HoUoman Air 
Force Base, New Mexico. 
(f) SUBSEQUENT REPORTS.—If the Secretary of the Air Force 
enters into the agreement authorized by subsection (a), the Sec-
retary shall submit to Congress an annual report containing a 
revised cost-benefit analysis of the consequences of the agreement 
as in effect during the year covered by the report, including a 
full accounting of any cost savings realized by the Department 
of the Air Force as a result of the agreement. A report shall 
be submitted for each year in which the agreement is in effect 
or until the Hospital provides the full value of health care services 
required under subsection (c)(2), whichever occurs first. 
Ill STAT. 1820 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 1073 
SEC. 744. DISCLOSURES OF CAUTIONARY INFORMATION ON PRESCRIP-
note. 
TION MEDICATIONS. 
(a) REGULATIONS REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, 
in consultation with the administering Secretaries referred to in 
section 1073 of title 10, United States Code, shall prescribe regula-
tions to require each source described in subsection (d) that dis-
penses a prescription medication to a beneficiary under chapter 
55 of such title to include with the medication the written caution-
ary information required by subsection (b). 
(b) INFORMATION TO B E DISCLOSED.—Information required to 
be disclosed about a medication under the regulations shall include 
appropriate cautions about usage of the medication, including pos-
sible side effects and potentially hazardous interactions with foods. 
(c) FORM OF INFORMATION.—The regulations shall require that 
information be furnished in a form that, to the maximum extent 
practicable, is easily read and understood. 
(d) COVERED SOURCES.—The regulations shall apply to the fol-
lowing: 
(1) Pharmacies and any other dispensers of prescription 
medications in medical facilities of the uniformed services. 
(2) Sources of prescription medications under any mail 
order pharmaceuticals program provided by any of the admin-
istering Secretaries under chapter 55 of title 10, United States 
Code. 
(3) Pharmacies paid under the Civilian Health and Medical 
Program of the Uniformed Services (including the TRICARE 
program). 
(4) Pharmacies, and any other pharmaceutical dispensers, 
of designated providers referred to in section 721(5) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2593; 10 U.S.C. 1073 note). 
10USC1073 
SEC. 745. COMPETITIVE PROCUREMENT OF CERTAIN OPHTHALMIC 
note. 
SERVICES. 
(a) 
COMPETITIVE 
PROCUREMENT 
REQUIRED.—Beginning 
not 
later than October 1, 1998, the Secretary of Defense shall competi-
tively procure from private-sector sources, or other sources outside 
of the Department of Defense, all ophthalmic services related to 
the provision of single vision and multivision eyeware for members 
of the Armed Forces, retired members, and certain covered bene-
ficiaries under chapter 55 of title 10, United States Code, who 
would otherwise receive such ophthalmic services through the 
Department of Defense. 
(b) EXCEPTION.—Subsection (a) shall not apply to the extent 
that the Secretary of Defense determines that the use of sources 
within the Department of Defense to provide such ophthalmic 
services— 
(1) is necessary to meet the readiness requirements of 
the Armed Forces; or 
(2) is more cost effective. 
(c) COMPLETION OF EXISTING ORDERS.—Subsection (a) shall not 
apply to orders for ophthalmic services received on or before Septem-
ber 30, 1998. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1821 
SEC. 746. COMPTROLLER GENERAL STUDY OF ADEQUACY AND EFFECT 
OF MAXIMUM ALLOWABLE CHARGES FOR PHYSICIANS 
UNDER CHAMPUS. 
(a) STUDY REQUIRED.—^The Comptroller General shall conduct 
a study regarding the adequacy of the maximum allowable charges 
for physicians established under the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS) and the effect 
of such charges on the participation of physicians in CHAMPUS. 
The study shall include an evaluation of the following: 
(1) The methodology used by the Secretary of Defense 
to establish maximum allowable charges for physicians under 
CHAMPUS, and whether such methodology conforms to the 
requirements of section 1079(h) of title 10, United States Code. 
(2) The differences between the established charges under 
CHAMPUS and reimbursement rates for similar services under 
title XVIII of the Social Security Act and other health care 
programs. 
(3) The basis for physician complaints that the CHAMPUS 
established charges are too low. 
(4) The difficultly of CHAMPUS in ensuring physician 
compliance with the CHAMPUS established charges in the 
absence of legal mechanisms to enforce complismce, and the 
effect of noncompliance on patient out-of-pocket expenses. 
(5) The effect of the estabhshed charges under CHAMPUS 
on the participation of physicians in CHAMPUS, and the extent 
and success of Department of Defense efforts to increase physi-
cian participation in areas with low participation rates. 
(b) SUBMISSION OF REPORT.—Not later than March 1, 1998, 
the Comptroller General shall submit to Congress a report contain-
ing the results of the study required by subsection (a). 
SEC. 747. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF 
DEFENSE PHARMACY PROGRAMS. 
(a) STUDY.—Not later than March 31, 1998, the Comptroller 
General shsQl submit to Congress a study evaluating the pharmacy 
programs of the Department of Defense. The study shall examine 
the impact of such pharmacy programs on the aggregate cost, 
quality, and accessibility of health care provided to covered bene-
ficiaries under chapter 55 of title 10, United States Code, £ind 
shall include an examination of the following: 
(1) The merits and feasibility of establishing a uniform 
formulary for military treatment facility pharmacies and 
civilian contractor pharmacy benefit administrators. 
(2) The reasons that military treatment facilities deny cov-
ered beneficiaries access to pharmacy care and shift such bene-
ficiaries to other sources of pharmacy care. 
(3) The merits and feasibility of using private sector cost 
control mechanisms implemented by authorized civilian con-
tractors in the Department of Defense medical programs, and 
the existence of any barriers to the use of such mechanisms, 
including factors that may undermine the incentives of such 
contractors to optimize treatment outcomes in managing the 
care of covered beneficiaries without exceeding budgeted 
resources. 
(4) The cost impacts, if any, of the use of commercial 
managed c£U"e methods of furnishing pharmaceuticals to covered 
beneficiaries by TRICARE program contractors instead of 
I l l STAT. 1822 
PUBLIC LAW 105-85—NOV. 18, 1997 
Reports. 
Reports. 
procuring pharmaceuticals at discounted prices pursuant to 
section 8126 of title 38, United States Code. 
(5) The existence of options for increasing the discounts 
available to TRICARE program contractors without undermin-
ing controls for preventing diversion of items procured by the 
Department of Defense to nonmilitary populations, 
(b) RESPONSE TO STUDY.—Not later than 90 days after the 
Comptroller General submits to Congress the study required by 
subsection (a), the Secretary of Defense shall submit to Congress 
a report on the feasibility and advisability of implementing changes 
to the pharmacy programs of the Department of Defense based 
on the findings and conclusions of the study. 
SEC. 
748. 
COMPTROLLER 
GENERAL 
STUDY 
OF 
NAVY 
GRADUATE 
MEDI-
CAL 
EDUCATION 
PROGRAM. 
(a) STUDY REQUIRED.—The Comptroller General shall conduct 
a study to evaluate the validity of the recommendations made 
by the Medical Education Policy Council of the Bureau of Medicine 
and Surgery of the Navy regarding restructuring the graduate 
medical education program of the Department of the Navy. The 
study shall specifically address the Council's recommendations 
relating to residency training conducted at the Naval Medical Cen-
ter, Portsmouth, Virginia, and the National Naval Medical Center, 
Bethesda, Maryland. 
(b) SUBMISSION OF REPORT.—Not later than March 1, 1998, 
the Comptroller General shall submit to Congress and the Secretary 
of the Navy a report containing the results of the study required 
by subsection (a). 
(c) MORATORIUM ON RESTRUCTURING.—Until the report required 
by subsection (b) is submitted to Congress, the Secretary of the 
Navy may not tnaike any change in the types of residency programs 
conducted under the Navy graduate medical education program 
or the locations at which such residency programs are conducted 
or otherwise restructure the Navy graduate medical education pro-
gram. 
SEC. 749. STUDY OF EXPANSION OF PHARMACEUTICALS BY MAIL PRO-
GRAM TO INCLUDE ADDITIONAL MEDICARE-ELIGIBLE 
COVERED BENEFICIARIES. 
Not later than six months after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress 
a report regarding the feasibility and advisability of expanding 
the category of persons eligible to participate in the demonstration 
project for the purchase of prescription pharmaceuticals by mail, 
as required by section 702(a) of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1079 
note), to include persons referred to in subsection (c) of section 
1086 of title 10, United States Code, who are covered by subsection 
(d)(1) of such section and reside in the United States outside of 
the catchment area of a medical treatment facility of the uniformed 
services. 
SEC. 750. COMPTROLLER GENERAL STUDY OF REQUIREMENT FOR 
MILITARY MEDICAL FACILITIES IN NATIONAL CAPITAL 
REGION. 
(a) STUDY REQUIRED.—The Comptroller General shall conduct 
a study to evaluate the requirements for Army, Navy, and Air 
Force medical facilities in the National Capital Region (as defined 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1823 
in section 2674(f)(2) of title 10, United States Code). The study 
shall— 
(1) specifically address requirements with respect to geog-
raphy, facilities, integrated residencies, and medical environ-
ments; and 
(2) provide specific recommendations with respect to how 
medical and health care provided by these facilities may be 
better coordinated to more efficiently serve, throughout the 
National Capital Region, members of the Armed Forces on 
active duty and covered beneficiaries under chapter 55 of title 
10, United States Code. 
(b) SUBMISSION OF REPORT.—Not later than six months after 
the date of the enactment of this Act, the Comptroller General 
shall submit to Congress and the Secretary of Defense a report 
containing the results of the study required by subsection (a). 
SEC. 751. REPORT ON POLICIES AND PROGRAMS TO PROMOTE 
HEALTHY LIFESTYLES FOR MEMBERS OF THE ARMED 
FORCES AND THEIR DEPENDENTS. 
(a) REPORT.—Not later than March 30, 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 effectiveness of the policies 
and programs of the Department of Defense intended to promote 
healthy lifestyles for members of the Armed Forces and their 
dependents. 
(b) POLICIES AND PROGRAMS TO BE ASSESSED.—The report 
under subsection (a) shall include an assessment of the effectiveness 
of the following: 
(1) Programs intended to educate members of the Armed 
Forces and their dependents about the potential health con-
sequences of the use of alcohol £ind tobacco. 
(2) Policies of the commissaries, post exchanges, and service 
clubs, and for entertainment activities of the Department of 
Defense, relating to the sale and use of alcohol and tobacco. 
(3) Programs intended to provide support to members of 
the Armed Forces and their dependents who choose to reduce 
or eliminate their use of alcohol or tobacco. 
(4) Any other policies or programs intended to promote 
healthy lifestyles for members of the Armed Forces and their 
dependents. 
SEC. 752. SENSE OF CONGRESS REGARDING QUALITY HEALTH CARE 
FOR RETIREES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Many retired military personnel believe that they were 
promised lifetime health care in exchange for 20 or more years 
of service. 
(2) Military retirees are the only Federal Government 
personnel who have been prevented from using their employer-
provided health care at or after 65 years of age. 
(3) Military health care has become increasingly difficult 
to obtain for military retirees as the Department of Defense 
reduces its health care infi'astructure. 
(4) Military retirees deserve to have a health care program 
that is at least comparable with that of retirees fi*om civilian 
employment by the Federal Government. 
I l l STAT. 1824 
PUBLIC LAW 105-85—NOV. 18, 1997 
(5) The availability of quality, lifetime health care is a 
critical recruiting incentive for the Armed Forces. 
(6) Quality health care is a critical aspect of the quality 
of life of the men and women serving in the Armed Forces, 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States has incurred a moral obligation to 
provide health care to members and former members of the 
Armed Forces who are entitled to retired or retainer pay (or 
its equivalent); 
(2) it is, therefore, necessary to provide quality, affordable 
health care to such retirees; and 
(3) Congress and the President should take steps to address 
the problems associated with the availability of health care 
for such retirees within two years after the date of the enact-
ment of this Act. 
Subtitle F—Persian Gulf Illness 
10 use 1074 
SEC. 761. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term "Gulf War illness" means any one of the 
complex of illnesses and symptoms that might have been con-
tracted by members of the Armed Forces as a result of service 
in the Southwest Asia theater of operations during the Persian 
GulfWar. 
(2) The term "Persian Gulf War" has the meaning given 
that term in section 101 of title 38, United States Code. 
(3) The term "Persian Gulf veteran" means an individual 
who served on active duty in the Armed Forces in the Southwest 
Asia theater of operations during the Persian GulfWar. 
(4) The term "contingency operation" has the meaning given 
that term in section 101(a) of title 10, United States Code, 
and includes a humanitarian operation, peacekeeping operation, 
or similar operation. 
10 use 1074 
SEC. 762. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF 
note. 
VETERANS. 
(a) PLAN REQUIRED.—The Secretary of Defense and the Sec-
retary of Veterans Affairs, acting jointly, shall prepare a plan 
to provide appropriate health care to Persiein Gulf veterans (and 
dependents eligible by law) who suffer from a Gulf War illness. 
(b) CONTENTS OF PLAN,—In preparing the plan, the Secretaries 
shall— 
(1) use the presumptions of service connection and illness 
specified in paragraphs (1) and (2) of section 721(d) of the 
National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337; 10 U.S.C. 1074 note) to determine the Persian 
Gulf veterans (and dependents eligible by law) who should 
be covered by the plan; 
(2) consider the need and methods available to provide 
health care services to Persian Gulf veterans who are no longer 
on active duty in the Armed Forces, such as Persian Gulf 
veterans who are members of the reserve components and 
Persian Gulf veterans who have been separated from the Armed 
Forces; and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1825 
(3) estimate the costs to the Government of providing full 
or partial health care services under the plan to covered Persian 
Gulf veterans (and covered dependents eligible by law). 
(c) FOLLOW-UP TREATMENT.—The plan required by subsection 
(a) shall specifically address the measures to be used to monitor 
the quality, appropriateness, and effectiveness of, and patient satis-
faction with, health care services provided to Persian Gulf veterans 
after their initial medical examination as part of registration in 
the Persian Gulf War Veterans Health Registry or the Comprehen-
sive Clinical Evaluation Program. 
(d) SUBMISSION OF PLAN.—Not later than March 1, 1998, the 
Secretaries shall submit to Congress the plan required by subsection 
(a). 
SEC. 763. COMPTROLLER GENERAL STUDY OF REVISED DISABILITY 
CRITERIA FOR PHYSICAL EVALUATION BOARDS. 
Not later than March 1, 1998, the Comptroller General shall 
submit to Congress a study evaluating the revisions made by the 
Secretary of Defense (as required by section 721(e) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 1074 note)) to the Physical Evaluation Board criteria 
used to set disability ratings for members of the Armed Forces 
who are no longer medically qualified for continuation on active 
duty so as to ensure accurate disability ratings related to a diagnosis 
of a Gulf War illness. 
SEC. 764. MEDICAL CARE FOR CERTAIN RESERVES WHO SERVED IN 
SOUTHWEST ASIA DURING THE PERSIAN GULF WAR. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1074d the following new 
section: 
"§ 1074e. Medical care: certain Reserves who served in South-
west Asia during the Persian Gulf Conflict 
"(a) ENTITLEMENT TO MEDICAL CARE.—A member of the armed 
forces described in subsection (b) is entitled to medical care for 
a qualifying Persian Gulf s3miptom or illness to the same extent 
and under the same conditions (other than the rec[uirement that 
the member be on active duty) as a member of a uniformed service 
who is entitled to such care under section 1074(a) of this title. 
"(b) COVERED MEMBERS.—Subsection (a) applies to a member 
of a reserve component who— 
"(1) is a Persian Gulf veteran; 
"(2) has a qualifying Persian Gulf S)anptom or illness; 
and 
"(3) is not otherwise entitled to medical care for such S3nnp-
tom or illness under this chapter and is not otherwise eligible 
for hospital care and medical services for such sjnnptom or 
illness under section 1710 of title 38. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'Persian Gulf veteran' means a member of 
the armed forces who served on active duty in the Southwest 
Asia theater of operations during the Persian Gulf Conflict. 
"(2) The term 'qualifjdng Persian Gulf symptom or illness' 
means, with respect to a member described in subsection (b), 
a symptom or illness— 
"(A) that the member registered before September 1, 
1997, in the Comprehensive Clinical Evaluation Program 
I l l STAT. 1826 
PUBLIC LAW 105-85—NOV. 18, 1997 
of the Department of Defense and that is presumed under 
section 721(d) of the National Defense Authorization Act 
for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result 
of service in the Southwest Asia theater of operations dur-
ing the Persian Gulf Conflict; or 
"(B) that the member registered before September 1, 
1997, in the Persian Gulf War Veterans Health Registry 
maintained by the Department of Veterans Affairs pursu-
ant to section 702 of the Persian Gulf War Veterans' Health 
Status Act (38 U.S.C. 527 note).", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1074d the following new item: 
"1074e. Medical care: certain Reserves who served in Southwest Asia during the 
Persian Gulf Conflict.". 
SEC. 765. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS 
DEPLOYED OVERSEAS IN CONTINGENCY OR COMBAT 
OPERATIONS. 
(a) SYSTEM REQUIRED.—(1) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1074e (as added by 
section 764) the following new section: 
*'§ 1074f. Medical tracking system for members deployed over-
seas 
"(a) SYSTEM REQUIRED.—The Secretary of Defense shall estab-
lish a system to assess the medical condition of members of the 
armed forces (including members of the reserve components) who 
are deployed outside the United States or its territories or posses-
sions as part of a contingency operation (including a humanitarian 
operation, peacekeeping operation, or similar operation) or combat 
operation. 
"(b) ELEMENTS OF SYSTEM.—^The system described in subsection 
(a) shall include the use of predeplo3anent medical examinations 
and postdeployment medical examinations (including an assessment 
of mental health and the drawing of blood samples) to accurately 
record the medical condition of members before their deployment 
and any changes in their medical condition during the course of 
their deplo3nnent. The postdeployment examination shall be con-
ducted when the member is redeployed or otherwise leaves an 
area in which the system is in operation (or as soon as possible 
thereafter). 
"(c) RECORDKEEPING.—The results of all medical examinations 
conducted under the system, records of all health care services 
(including immunizations) received by members described in sub-
section (a) in anticipation of their deplo5anent or during the course 
of their deployment, and records of events occurring in the deploy-
ment area that may affect the health of such members shall be 
retained and maintained in a centralized location to improve future 
access to the records. 
"(d) QUALITY ASSURANCE.—The Secretary of Defense shall 
establish a quality assurance program to evaluate the success of 
the system in ensuring that members described in subsection (a) 
receive predeplojnnent medical examinations and postdeployment 
medical examinations and that the recordkeeping requirements with 
respect to the system are met.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1827 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1074e 
(as added by section 764) the following new item: 
"1074f. Medical tracking system for members deployed overseas.". 
(b) REPORT.—Not later than March 1, 1998, the Secretary of 
Defense shall submit to Congress an analysis of the administrative 
implications of establishing and administering the medical tracking 
system required by section 1074f of title 10, United States Code, 
as added by subsection (a). The report shall include, for fiscal 
year 1999 and the 5 successive fiscal years, a separate analysis 
and specification of the projected costs and operational consider-
ations for each of the following required aspects of the system: 
(1) Predeployment medical examinations. 
(2) Postdeployment medical examinations. 
(3) Recordkeeping. 
SEC. 766. NOTICE OF USE OF INVESTIGATIONAL NEW DRUGS OR DRUGS 
UNAPPROVED FOR THEIR APPLIED USE. 
(a) NOTICE REQUIREMENTS.—Chapter 55 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
^§ 1107. Notice of use of an investigational new drug or a 
drug iinapproved for its applied use 
"(a) NOTICE REQUIRED.—(1) Whenever the Secretary of Defense 
requests or requires a member of the armed forces to receive an 
investigational new drug or a drug unapproved for its applied 
use, the Secretary shall provide the member with notice containing 
the information specified in subsection (d). 
"(2) TTie Secretary shall also ensure that health care providers 
who administer an investigational new drug or a drug unapproved 
for its applied use, or who are likely to treat members who receive 
such a drug, receive the information required to be provided under 
paragraphs (3) and (4) of subsection (d). 
"(b) TIME OF NOTICE.—^The notice required to be provided to 
a member under subsection (a)(1) shall be provided before the 
investigational new drug or drug unapproved for its applied use 
is first administered to the member, if practicable, but in no case 
later than 30 days after the drug is first administered to the 
member. 
"(c) FORM OP NOTICE.—The notice required under subsection 
(aXl) shall be provided in writing unless the Secretary of Defense 
determines that the use of written notice is impractical because 
of the number of members receiving the investigational new drug 
or drug unapproved for its applied use, time constraints, or similar 
reasons. If the Secretary provides notice under subsection (a)(1) 
in a form other than in writing, the Secretary shall submit to 
Congress a report describing the notification method used and 
the reasons for the use of the alternative method. 
"(d) CONTENT OF NOTICE.—The notice required under sub-
section (a)(1) shall include the following: 
"(1) Clear notice that the drug being administered is an 
investigational new drug or a drug unapproved for its applied 
use. 
"(2) The reasons why the investigational new drug or drug 
unapproved for its applied use is being administered. 
I l l STAT. 1828 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(3) Information regarding the possible side effects of the 
investigational new drug or drug unapproved for its applied 
use, including any known side effects possible as a result of 
the interaction of such drug with other drugs or treatments 
being administered to the members receiving such drug. 
"(4) Such other information that, as a condition of authoriz-
ing the use of the investigational new drug or drug imapproved 
for its applied use, the Secretary of Health and Humein Services 
may require to be disclosed. 
"(e) RECORDS OF USE.—^The Secretary of Defense shall ensure 
that the medical records of members accurately document— 
"(1) the receipt by members of any investigational new 
drug or drug imapproved for its applied use; and 
"(2) the notice required by subsection (a)(1). 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'investigational new drug* means a drug 
covered by rection 505(i) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355(i)). 
"(2) The term 'drug unapproved for its applied use' means 
a drug administered for a use not described in the approved 
labeling of the drug under section 505 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355).". 
(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: 
"1107. Notice of use of an investigational new drug or a drug unapproved for its 
applied use.". 
SEC. 767. REPORT ON PLANS TO TRACK LOCATION OF MEMBERS IN 
A THEATER OF OPERATIONS. 
Not later than March 1, 1998, the Secretary of Defense shall 
submit to Congress a report containing a plan for collecting and 
maintaining information regarding the daily location of units of 
the Armed Forces, and to the extent practicable individual members 
of such luiits, serving in a theater of operations during a contingency 
operation or combat operation. 
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. 
It is the sense of Congress that the Secretary of Defense, 
in conjimction with the Chairmein of the Joint Chiefs of Staff, 
should take such actions as are necessary to ensure that the units 
of the Armed Forces deployed in the theater of operations for 
each contingency operation or combat operation include specialized 
units with sufficient capability (including personnel with the appro-
priate training emd expertise, and the appropriate equipment) to 
detect and monitor the presence of chemical, biological, and similar 
hazards to which members of the Armed Forces could be exposed 
in that theater during the operation. 
SEC. 7
6
9
. 
REPORT ON EFFECTIVENESS OF RESEARCH EFFORTS 
REGARDING 
GULF 
WAR 
ILLNESSES. 
Not later than March 1, 1998, the Secretary of Defense shall 
submit to Congress a report evaluating the effectiveness of medical 
research initiatives regarding Gulf War illnesses. The report shall 
address the following: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1829 
(1) The type and effectiveness of previous research efforts, 
including the activities undertaken pursuant to section 743 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 10 U.S.C. 1074 note), section 722 of 
the National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103-337; 10 U.S.C. 1074 note), and sections 270 
and 271 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1613). 
(2) Recommendations regarding additional research regard-
ing Gulf War illnesses, including research regarding the nature 
and causes of Gulf War illnesses and appropriate treatments 
for such illnesses. 
(3) The adequacy of Federal funding and the need for 
additional funding for medical research initiatives regarding 
Gulf War illnesses. 
SEC. 770. PERSIAN GULF ILLNESS CLINICAL TRIALS PROGRAM. 
10 USC 1074 
(a) FINDINGS.—Congress finds the following: 
(1) There are many ongoing studies that investigate risk 
factors which may be associated with the health problems 
experienced by Persian Gulf veterans; however, there have 
been no studies that examine health outcomes and the effective-
ness of the treatment received by such veterans. 
(2) The medical literature and testimony presented in hear-
ings on Gulf War illnesses indicate that there are therapies, 
such as cognitive behavioral therapy, that have been effective 
in treating patients with symptoms similar to those seen in 
many Persian Gulf veterans. 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 
and the Secretary of Veterans Affairs, acting jointly, shall establish 
a progr£im of cooperative clinical trials at multiple sites to assess 
the effectiveness of protocols for treating Persian Gulf veterans 
who suffer from ill-defined or undiagnosed conditions. Such proto-
cols shall include a multidisciplinary treatment model, of which 
cognitive behavioral therapy is a component. 
(c) FUNDING.—Of the funds authorized to be appropriated in 
section 201(1) for research, development, test, and evaluation for 
the Army, the sum of $4,500,000 shall be available for program 
element 62787A (medical technology) in the budget of the Depart-
ment of Defense for fiscal year 1998 to carry out the clinical trials 
program established pursuant to subsection (b). 
SEC. 771. SENSE OF CONGRESS CONCERNING GULF WAR ILLNESS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Americans served in the Persian Gulf Conflict of 1991 
in defense of vital national security interests of the United 
States. 
(2) It was known to United States intelligence and military 
commanders that biological and chemical agents were in theater 
throughout the conflict. 
(3) An undetermined amount of these agents were released 
into theater. 
(4) A large number of United States military vetereins 
and allied veterans who served in the Southwest Asia theater 
of operations have been stricken with a variety of severe ill-
nesses. 
I l l STAT. 1830 
PUBLIC LAW 105-85—NOV. 18, 1997 
(5) Previous efforts to discern the causes of those illnesses 
have been inadequate, and those illnesses are affecting the 
health of both veterans and their families, 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
all promising technology and treatments relating to Gulf War ill-
nesses should be fully explored and tested to facilitate treatment 
for members of the Armed Forces and veterans who served the 
United States in the Persian Gulf conflict and are stricken with 
unexplainable illness. 
TITLE 
VIII—ACQUISITION 
POLICY, 
ACQUISITION 
MANAGEMENT, 
AND 
RELATED MATTERS 
Subtitle A—^Amendments to Greneral 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 pro-
grams. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1831 
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. 
Subtitle A—^Amendments to General Con-
tracting 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. 
(a) EXPANDED AUTHORITY.—Section 2410a of title 10, United 
States Code, is amended to read as follows: 
''§ 2410a. Severable service contracts for periods crossing fis-
cal years 
"(a) AUTHORITY.—The Secretary of Defense, the Secretary of 
a military department, or the Secretary of Transportation with 
respect to the Coast Guard when it is not operating as a service 
in the Navy, may enter into a contract for procurement of severable 
services for a period that begins in one fiscal year and ends in 
the next fiscal year if (without regard to any option to extend 
the period of the contract) the contract period does not exceed 
one year. 
"(b) OBLIGATION OF FUNDS.—Fimds made available for a fiscal 
year may be obligated for the total amount of a contract entered 
into under the authority of subsection (a).". 
(b) CLERICAL AMENDMENT.—The item relating to such section 
in the table of sections at the beginning of chapter 141 of such 
title is amended to read as follows: 
"2410a. Severable service contracts for periods crossing fiscal years.". 
SEC. 802. VESTING OF TITLE IN THE UNITED STATES UNDER CON-
TRACTS PAID UNDER PROGRESS PAYMENT ARRANGE-
MENTS OR SIMILAR ARRANGEMENTS. 
Section 2307 of title 10, United States Code, is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
"(h) VESTING OF TITLE IN THE UNITED STATES.—If a contract 
paid by a method authorized under subsection (a)(1) provides for 
title to property to vest in the United States, the title to the 
property shall vest in accordance with the terms of the contract, 
regardless of any security interest in the property that is asserted 
before or after the contract is entered into.". 
SEC. 803. RESTRICTION ON UNDEFINITIZED CONTRACT ACTIONS. 
(a) APPLICABILITY OF WAIVER AUTHORITY TO HUMANITARIAN 
OR PEACEKEEPING OPERATIONS.—Section 2326(b)(4) of title 10, 
United States Code, is amended to read as follows: 
"(4) The head of an agency may waive the provisions of this 
subsection with respect to a contract of that agency if that head 
I l l STAT. 1832 
PUBLIC LAW 105-85—NOV. 18, 1997 
of an agency determines that the waiver is necessary in order 
to support any of the following operations: 
"(A) A contingency operation. 
"(B) A humanitarian or peacekeeping operation.", 
(b) HUMANITARIAN OR PEACEKEEPING OPERATION DEFINED.— 
Section 2302(7) of such title is amended— 
(1) by striking out "(7)(A)" and inserting in lieu thereof 
"(7)"; and 
(2) by striking out "(B) In subparagraph (A), the" and 
inserting in lieu thereof "(8) The". 
SEC. 804. LIMITATION AND REPORT ON PAYMENT OF RESTRUCTURING 
COSTS UNDER DEFENSE CONTRACTS. 
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2324 the following 
new section: 
'*§ 2325. Restructuring costs 
"(a) LIMITATION ON PAYMENT OF RESTRUCTURING COSTS.—(1) 
The Secretary of Defense may not pay, under section 2324 of this 
title, a defense contractor for restructuring costs associated with 
a business combination of the contractor unless the Secretary deter-
mines in writing either— 
"(A) that the amount of projected savings for the Depart-
ment of Defense associated with the restructuring will be at 
least twice the amount of the costs allowed; or 
"(B) that the amount of projected savings for the Depart-
ment of Defense associated with the restructuring will exceed 
the amount of the costs allowed and that the business combina-
tion will result in the preservation of a critical capability that 
otherwise might be lost to the Department. 
"(2) The Secretary may not delegate the authority to make 
a determination under paragraph (1) to an official of the Depart-
ment of Defense below the level of an Assistant Secretary of 
Defense. 
"(b) REPORT.—Not later than March 1 in each of 1998, 1999, 
2000, 2001, and 2002, the Secretary of Defense shall submit to 
Congress a report that contains, with respect to business combina-
tions occurring on or after August 15, 1994, the following: 
"(1) For each defense contractor to which the Secretary 
has paid, under section 2324 of this title, restructuring costs 
associated with a business combination, a summary of the 
following: 
"(A) An estimate of the amount of savings for the 
Department of Defense associated with the restructuring 
that has been realized as of the end of the preceding 
calendar year. 
"(B) An estimate of the amount of savings for the 
Department of Defense associated with the restructuring 
that is expected to be achieved on defense contracts. 
"(2) An identification of any business combination for which 
the Secretary has paid restructuring costs under section 2324 
of this title during the preceding calendar year £ind, for each 
such business combination— 
"(A) the supporting rationale for allowing such costs; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1833 
"(B) factual information associated with the determina-
tion made under subsection (a) with respect to such costs; 
and 
"(C) a discussion of whether the business combination 
would have proceeded without the payment of restructuring 
costs by the Secretary. 
"(3) For business combinations of major defense contractors 
that took place during the year preceding the year of the 
report— 
"(A) an assessment of any potentially adverse effects 
that the business combinations could have on competition 
for Department of Defense contracts (including potential 
horizontal effects, vertical effects, and organizational con-
flicts of interest), the national technology and industrial 
base, or innovation in the defense industry; and 
"(B) the actions taken to mitigate the potentially 
adverse effects. 
"(c) DEFINITION.—In this section, the term 'business combina-
tion' includes a merger or acquisition.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2324 
the following new item: 
"2325. Restructuring costs.". 
(b) GAO REPORTS.—(1) Not later than April 1, 1998, the 10USC2325 
Comptroller General shall— 
^°^^-
(A) in consultation with appropriate officials in the Depart-
ment of Defense— 
(i) identify major market areas affected by business 
combinations of defense contractors since January 1, 1990; 
and 
(ii) develop a methodology for determining the savings 
from business combinations of defense contractors on the 
prices paid on particular defense contracts; and 
(B) submit to the congressional defense committees a report 
describing, for each major market area identified pursuant 
to subparagraph (A)(i), the changes in numbers of businesses 
competing for major defense contracts since January 1, 1990. 
(2) Not later than December 1, 1998, the Comptroller General 
shall submit to the congressional defense committees a report 
containing the following: 
(A) Updated information on— 
(i) restructuring costs of business combinations paid 
by the Department of Defense pursugint to certifications 
under section 818 of the National Defense Authorization 
Act for Fiscal Year 1995, and 
(ii) savings realized by the Department of Defense 
as a result of the business combinations for which the 
payment of restructuring costs was so certified. 
(B) An assessment of the savings from business combina-
tions of defense contractors on the prices paid on a meaningful 
sample of defense contracts, determined in accordance with 
the methodology developed pursuant to paragraph (l)(A)(ii), 
as well as a description of the methodology. 
(C) Any recommendations that the Comptroller General 
considers appropriate. 
I l l STAT. 1834 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) In this subsection, the term "business combination" has 
the meaning given that term in section 2325(c) of title 10, United 
States Code, as added by subsection (a). 
10 use 2325 
(c) EFFECTIVE DATE.—Section 2325(a) of title 10, United States 
note. 
Code, as added by subsection (a), shall apply with respect to busi-
ness combinations that occur after the date of the enactment of 
this Act. 
(d) REPEAL OF SUPERSEDED PROVISIONS.—Subsections (a) and 
(g)(3) of section 818 of the National Defense Authorization Act 
for Fiscal Year 1995 (10 U.S.C. 2324 note) are repealed. 
SEC. 805. INCREASED PRICE LIMITATION ON PURCHASES OF RIGHT-
HAND DRIVE VEHICLES. 
Section 2253(a)(2) of title 10, United States Code, is amended 
by striking out "$12,000" and inserting in Heu thereof "$30,000". 
SEC. 806. MULTIYEAR PROCUREMENT CONTRACTS. 
(a) REQUIREMENT FOR AUTHORIZATION BY LAW IN ACTS OTHER 
THAN APPROPRIATIONS ACTS.—(1) Subsection (i) of section 2306b 
of title 10, United States Code, is amended by adding at the end 
the following new paragraph: 
"(3) In the case of the Department of Defense, a multiyear 
contract in an amount equal to or greater than $500,000,000 may 
not be entered into for any fiscal year under this section unless 
the contract is specifically authorized by law in an Act other than 
an appropriations Act.". 
10 use 2306b 
(2) Paragraph (3) of section 2306b(i) of title 10, United States 
note. 
Code, as added by paragraph (1), shall not apply with respect 
to a contract authorized by law before the date of the enactment 
of this Act. 
(b) CODIFICATION OF ANNUAL RECURRING MULTIYEAR PROCURE-
MENT REQUIREMENTS.—(1) Such section is further amended by add-
ing at the end the following new subsection: 
"(1) VARIOUS ADDITIONAL REQUIREMENTS WITH RESPECT TO 
MULTIYEAR DEFENSE CONTRACTS.—(1)(A) The head of an agency 
may not initiate a contract described in subparagraph (B) unless 
the congressional defense committees are notified of the proposed 
contract at least 30 days in advance of the award of the proposed 
contract. 
"(B) Subparagraph (A) applies to the following contracts: 
"(i) A multiyear contract— 
"(I) that employs economic order quantity procurement 
in excess of $20,000,000 in any one year of the contract; 
or 
"(II) that includes an imfimded contingent liability in 
excess of $20,000,000. 
"(ii) Any contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year. 
"(2) The head of an agency may not initiate a multiyear contract 
for which the economic order quantity advance procurement is 
not fiinded at least to the limits of the Government's liability. 
"(3) The head of an agency may not initiate a multiyear procure-
ment contract for any system (or component thereof) if the value 
of the multiyear contract would exceed $500,000,000 unless author-
ity for the contract is specifically provided in an appropriations 
Act. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1835 
"(4) The head of an agency may not terminate a multiyear 
procurement contract until 10 days after the date on which notice 
of the proposed termination is provided to the congressional defense 
committees. 
"(5) The execution of multiyear contracting authority shall 
require the use of a present value analysis to determine lowest 
cost compared to an annual procurement. 
"(6) This subsection does not apply to the National Aeronautics 
and Space Administration or to the Coast Guard. 
"(7) In this subsection, the term 'congressional defense commit-
tees' means the following: 
"(A) The Committee on Armed Services of the Senate and 
the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
"(B) The Committee on National Security of the House 
of Representatives and the Subcommittee on National Security 
of the Committee on Appropriations of the House of Representa-
tives.". 
(2) The amendment made by paragraph (1) shall take effect 
Effective date. 
on October 1, 1998. 
10 USC 2306b 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Such section ^°^-
is further amended as follows: 
(1) Subsection (a) is amended— 
(A) by striking out "finds—" in the matter preceding 
paragraph (1) and inserting in lieu thereof "finds each 
of the following:"; 
(B) by capitalizing the initial letter of the first word 
in each of paragraphs (1) through (6); 
(C) by striking out the semicolon at the end of para-
graphs (1) through (4) and inserting in lieu thereof a period; 
and 
(D) by striking out "; and" at the end of paragraph 
(5) and inserting in lieu thereof a period. 
(2) Subsection (d)(1) is amended by striking out "paragraph 
(1)" and inserting in lieu thereof "subsection (a)". 
(3) Subsection (i)(l) is amended by striking "five-year" and 
inserting in lieu thereof "future-years". 
SEC. 807. AUDIT OF PROCUREMENT OF MILITARY CLOTHING AND 
CLOTHING-RELATED ITEMS BY MILITARY INSTALLA-
TIONS IN THE UNITED STATES. 
(a) AUDIT REQUIREMENT.—Not later than September 30, 1998, 
the Inspector General of the Department of Defense shall perform 
an audit of purchases of military clothing and clothing-related items 
in excess of the micro-purchase threshold by military installations 
during fiscal years 1996 and 1997 to determine the extent to which 
such installations procured military clothing and clothing-related 
items in violation of the Buy American Act (41 U.S.C. 10a et 
seq.) during those fiscal years. 
(b) INSTALLATIONS TO BE AUDITED.—The audit under sub-
section (a)— 
(1) shall include an audit of the procurement of military 
clothing and clothing-related items by a military installation 
of each of the Army, Navy, Air Force, and Marine Corps; 
and 
(2) shall not cover procurements of clothing and clothing-
related items by the Defense Logistics Agency. 
I l l STAT. 1836 
PUBLIC LAW 105-85—NOV. 18, 1997 
(c) DEFINITION.—The term "micro-purchase threshold" has the 
meaning provided by section 32(f) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 428(f)). 
(d) REPORT.—Not later than October 31, 1998, the Inspector 
General of the Department of Defense shall submit to Congress 
a report on the results of the audit performed under subsection 
(a). 
SEC. 808. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR CER-
TAIN CONTRACTOR PERSONNEL. 
(a) CERTAIN COMPENSATION NOT ALLOWABLE AS COSTS UNDER 
DEFENSE CONTRACTS.—(1) Subsection (e)(1) of section 2324 of title 
10, United States Code, is amended by adding at the end the 
following: 
"(P) Costs of compensation of senior executives of contrac-
tors for a fiscal year, regardless of the contract funding source, 
to the extent that such compensation exceeds the benchmark 
compensation amount determined applicable for the fiscal year 
by the Administrator for Federal Procurement Policy under 
section 39 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 435).". 
(2) Subsection (1) of such section is amended by adding at 
the end the following: 
"(4) The term 'compensation', for a year, means the total 
amount of wages, salary, bonuses and deferred compensation 
for the year, whether paid, earned, or otherwise accruing, as 
recorded in an employer's cost accounting records for the year. 
"(5) The term 'senior executive', with respect to a contractor, 
means— 
"(A) the chief executive officer of the contractor or 
any individual acting in a similar capacity for the contrac-
tor; 
"(B) the four most highly compensated employees in 
management positions of the contractor other than the 
chief executive officer; and 
"(C) in the case of a contractor that has components 
which report directly to the contractor's headquarters, the 
five most highly compensated employees in management 
positions at each such component. 
"(6) The term 'fiscal year' means a fiscal year established 
by a contractor for accounting purposes.". 
(b) CERTAIN COMPENSATION NOT ALLOWABLE AS COSTS UNDER 
NON-DEFENSE CONTRACTS.—(1) Subsection (e)(1) of section 306 of 
the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 256) is amended by adding at the end the following: 
"(P) Costs of compensation of senior executives of contrac-
tors for a fiscal year, regardless of the contract funding source, 
to the extent that such compensation exceeds the benchmark 
compensation amount determined applicable for the fiscal year 
by the Administrator for Federal Procurement Policy under 
section 39 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 435).". 
(2) Such section is further amended by adding at the end 
the following: 
"(m) OTHER DEFINITIONS.—In this section: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1837 
"(1) The term 'compensation', for a fiscal year, means the 
total Eimount of wages, salary, bonuses and deferred compensa-
tion for the fiscal year, whether paid, earned, or otherwise 
accruing, as recorded in an employer's cost accounting records 
for the fiscal year. 
"(2) The term 'senior executive', with respect to a contractor, 
means— 
"(A) the chief executive officer of the contractor or 
any individual acting in a similar capacity for the contrac-
tor; 
"(B) the four most highly compensated employees in 
management positions of the contractor other than the 
chief executive officer; and 
"(C) in the case of a contractor that has components 
which report directly to the contractor's headquarters, the 
five most highly compensated individuals in management 
positions at each such component. 
"(3) The term 'fiscal year' means a fiscal year established 
by a contractor for accounting purposes.". 
(c) LEVELS OF COMPENSATION NOT ALLOWABLE.—(1) The Office 
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amend-
ed by adding at the end the following: 
"SEC. 39. 
LEVELS OF COMPENSATION OF CERTAIN CONTRACTOR 41USC435. 
PERSONNEL 
NOT 
ALLOWABLE 
AS 
COSTS 
UNDER 
CERTAIN 
CONTRACTS. 
"(a) 
DETERMINATION 
REQUIRED.—For 
purposes 
of section 
2324(e)(l)(P) of title 10, United States Code, and section 306(e)(l)(P) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 256(e)(l)(P)), the Administrator shall review commer-
cially available surveys of executive compensation and, on the basis 
of the results of the review, determine a benchmark compensation 
amount to apply for each fiscal year. In making determinations 
under this subsection the Administrator shall consult with the 
Director of the Defense Contract Audit Agency sind such other 
officials of executive agencies as the Administrator considers appro-
priate. 
"(b) BENCHMARK COMPENSATION AMOUNT.—The benchmark 
compensation amoiuit applicable for a fiscal year is the median 
amount of the compensation provided for all senior executives of 
all benchmark corporations for the most recent year for which 
data is available at the time the determination under subsection 
(a) is made. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'compensation', for a fiscal year, means the 
total amount of wages, salary, bonuses £ind deferred compensa-
tion for the fiscal year, whether paid, earned, or otherwise 
accruing, as recorded in an employer's cost accounting records 
for the fiscal year. 
"(2) The term 'senior executive', with respect to a corpora-
tion, means— 
"(A) the chief executive officer of the corporation or 
any individual acting in a similar capacity for the corpora-
tion; 
"(B) the four most highly compensated employees in 
management positions of the corporation other than the 
chief executive officer; and 
I l l STAT. 1838 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(C) in the case of a corporation that has components 
which report directly to the corporate headquarters, the 
five most highly compensated individuals in management 
positions at each such component. 
"(3) The term 'benchmark corporation', with respect to a 
fiscal year, means a publicly-owned United States corporation 
that has annual sales in excess of $50,000,000 for the fiscal 
year. 
"(4) The term 'publicly-owned United States corporation' 
means a corporation organized under the laws of a State of 
the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, or a possession of the United States the voting 
stock of which is publicly traded. 
"(5) The term 'fiscal year' means a fiscal year established 
by a contractor for accounting purposes.". 
(2) The table of sections in section 1(b) of such Act is amended 
by adding at the end the following: 
"Sec. 39. Levels of compensation of certain contractor personnel not allowable as 
costs under certain contracts." 
41 use 435 note. 
(d) REGULATIONS.—Regulations implementing the amendments 
made by this section shall be published in the Federal Register 
not later than the effective date of the amendments under sub-
section (e). 
41 use 435 note. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall— 
(1) take effect on the date that is 90 days after the date 
of the enactment of this Act; and 
Applicability. 
(2) apply with respect to costs of compensation incurred 
after January 1, 1998, under covered contracts entered into 
before, on, or after the date of the enactment of this Act. 
41 use 435 note. 
(f) EXCLUSIVE APPLICABILITY.—Notwithstanding any other 
provision of law, no other limitation in law on the allowability 
of costs of compensation of senior executives under covered contracts 
shall apply to such costs of compensation incurred after January 
1, 1998. 
41 use 435 note. 
(g) DEFINITIONS.—In this section: 
(1) The term "covered contract" has the meaning given 
such term in section 2324(1) of title 10, United States Code, 
and section 306(1) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 256(1)). 
(2) The terms "compensation" and "senior executive" have 
the meanings given such terms in section 2324(1) of title 10, 
United States Code, and section 306(m) of the Federal Property 
and Administrative Services Act of 1949. 
SEC. 809. ELIMINATION 
OF CERTIFICATION REQUIREMENT 
FOR 
GRANTS. 
Section 5153 of the Drug-Free Workplace Act of 1988 (Public 
Law 100-690; 102 Stat. 4306; 41 U.S.C. 702) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking out "has certified 
to the granting agency that it will" and inserting in lieu 
thereof "agrees to"; and 
(B) in paragraph (2), by striking out "certifies to the 
agency" and inserting in lieu thereof "agrees"; and 
(2) in subsection (b)(1)— 
(A) by striking out subparagraph (A); 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1839 
(B) by redesignating subparagraphs (B) and (C) as 
subparagraphs (A) and (B), respectively; and 
(C) in subparagraph (A), as so redesignated, by striking 
out "such certification by faiUng to carry out". 
SEC. 810. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING 
CONTRACTS, 
(a) REPEAL.—(1) Section 2405 of title 10, United States Code, 
is repealed. 
(2) The table of sections at the beginning of chapter 141 of 
such title is amended by striking out the item relating to section 
2405. 
(b) APPLICABILITY.—(1) Except as provided in paragraph (2), 
the repeal made by subsection (a) shall be effective with respect 
to claims, requests for equitable adjustment, and demands for pay-
ment under shipbuilding contracts that have been or are submitted 
before, on, or after the date of the enactment of this Act. 
(2) Section 2405 of title 10, United States Code, as in effect 
immediately before the date of the enactment of this Act, shall 
continue to apply to a contractor's claim, request for equitable 
adjustment, or demand for payment under a shipbuilding contract 
that was submitted before such date if— 
(A) a contracting officer denied the claim, request, or 
demand, and the period for appealing the decision to a court 
or board under the Contract Disputes Act of 1978 expired 
before such date; 
(B) a court or board of contract appeals considering the 
claim, request, or demand (including any appeal of a decision 
of a contracting officer to deny the claim, request, or demand) 
denied or dismissed the claim, request, or demand (or the 
appeal), and the action of the court or board became final 
and unappealable before such date; or 
(C) the contractor released or releases the claim, request, 
or demand. 
SEC. 811. ITEM-BY-ITEM AND COUNTRY-BY-COUNTRY 
WAIVERS OF 
DOMESTIC SOURCE LIMITATIONS. 
(a) ITEM-BY-ITEM AND COUNTRY-BY-COUNTRY IMPLEMENTATION 
OF CERTAIN WAIVER AUTHORITY.—Section 2534 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(i) IMPLEMENTATION OF CERTAIN WAIVER AUTHORITY.—(1) The 
Secretary of Defense may exercise the waiver authority described 
in paragraph (2) only if the waiver is made for a particular item 
listed in subsection (a) and for a particular foreign country. 
"(2) This subsection applies to the waiver authority provided 
by subsection (d) on the basis of the applicability of paragraph 
(2) or (3) of that subsection. 
"(3) The waiver authority described in paragraph (2) may not 
be delegated below the Under Secretary of Defense for Acquisition 
and Technology. 
"(4) At least 15 days before the effective date of any waiver 
made under the waiver authority described in paragraph (2), the 
Secretary shall publish in the Federal Register and submit to the 
congressional defense committees a notice of the determination 
to exercise the waiver authority. 
10 use 2405 
note. 
Applicability. 
Federal Register, 
publication. 
Notice. 
I l l STAT. 1840 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(5) Any waiver made by the Secretary under the waiver author-
ity described in paragraph (2) shall be in effect for a period not 
greater than one year, as determined by the Secretary.". 
Applicability. 
(b) EFFECTIVE DATE.—Subsection (i) of section 2534 of such 
10 use 2534 
title, as added by subsection (a), shall apply with respect to— 
^°^^- 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(d) of such section 2534, on the basis of the applicability of 
paragraph (2) or (3) of that subsection. 
Subtitle B—^Acquisition Assistance 
Programs 
SEC. 821. ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PRO-
GRAM. 
(a) 
ONE-YEAR EXTENSION OF PILOT MENTOR-PROTEGE PRO-
GRAM.—Section 831(j) of the National Defense Authorization Act 
for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended— 
(1) in paragraph (1), by striking out "1998" and inserting 
in lieu thereof "1999"; 
(2) in paragraph (2), by striking out "1999" and inserting 
in lieu thereof "2000"; and 
(3) in paragraph (3), by striking out "1999" and inserting 
in lieu thereof "2000". 
(b) STUDY ON IMPLEMENTATION OF PILOT MENTOR-PROTEGE 
PROGRAM.—(1) The Comptroller General shall conduct a study on 
the implementation of the Mentor-Protege Program established 
under section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (10 U.S.C. 2302 note) and the extent to which 
the program is achieving the purposes established under that sec-
tion. 
(2) The study also shall include the following: 
(A) A review of the manner in which funds for the program 
have been obligated. 
(B) An identification and assessment of the average amount 
spent by the Department of Defense on individual mentor-
protege agreements and the correlation between levels of fund-
ing and the business development of the protege firms. 
(C) An evaluation of the effectiveness of the incentives 
provided to mentor firms to participate in the program. 
(D) An assessment of the success of the Mentor-Protege 
Program in enhancing the business competitiveness and finan-
cial independence of protege firms. 
Reports. 
(3) The Comptroller General 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 results 
of the study not later than March 31, 1998. 
SEC. 822. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE 
SUBCONTRACTING PLANS. 
(a) CONTENT OF SUBCONTRACTING PLANS.—Subsection (b)(2) of 
section 834 of the National Defense Authorization Act for Fiscal 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1841 
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) 
is amended— 
(1) by striking out "plan—" and inserting in lieu thereof 
"plan of a contractor—"; 
(2) by striking out subparagraph (A); 
(3) by redesignating subparagraph (B) as subparagraph 
(A) £ind by striking out the period at the end of such subpara-
graph and inserting in lieu thereof "; and"; and 
(4) by adding at the end the following: 
"(B) shall cover each Department of Defense contract that 
is entered into by the contractor and each subcontract that 
is entered into by the contractor as the subcontractor under 
a Department of Defense contract.", 
(b) EXTENSION OF PROGRAM.—Subsection (e) of such section 
is amended by striking out "September 30, 1998" in the second 
sentence and inserting in lieu thereof "September 30, 2000.". 
Subtitle C—^Administrative Provisions 
SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY 
OF CONTRACT LITIGATION. 
(a) IN GENERAL.—Chapter 141 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*'§ 2410m. Retention of amounts collected from contractor 
during the pendency of contract dispute 
"(a) RETENTION OF FUNDS.—Notwithstanding sections 1552(a) 
and 3302(b) of title 31, any amount, including interest, collected 
from a contractor as a result of a claim made by a military depart-
ment or Defense Agency under the Contract Disputes Act of 1978 
(41 U.S.C. 601 et seq.), shall remain available in accordance with 
this section to pay— 
"(1) any settlement of the claim by the parties; 
"(2) any judgment rendered in the contractor's favor on 
an appeal of the decision on that claim to the Armed Services 
Board of Contract Appeals under section 7 of such Act (41 
U.S.C. 606); or 
"(3) any judgment rendered in the contractor's favor in 
an action on that claim in a court of the United States. 
"(b) PERIOD OF AVAILABILITY.—(1) The period of availability 
of an amount under subsection (a), in connection with a claim— 
"(A) expires 180 days after the expiration of the period 
for bringing an action on that claim in the United States 
Court of Federal Claims imder section 10(a) of the Contract 
Disputes Act of 1978 (41 U.S.C. 609(a)) if, within that 180-
day period— 
"(i) no appeal on the claim is commenced at the Armed 
Services Board of Contract Appeals under section 7 of 
such Act; and 
"(ii) no action on the claim is commenced in a court 
of the United States; or 
"(B) if not expiring under subparagraph (A), expires— 
"(i) in the case of a settlement of the claim, 180 days 
after the date of the settlement; or 
"(ii) in the case of a judgment rendered on the claim 
in an appeal to the Armed Services Board of Contract 
I l l STAT. 1842 
PUBLIC LAW 105-85—NOV. 18, 1997 
Appeals under section 7 of the Contract Disputes Act of 
1978 or £in action in a court of the United States, 180 
days after the date on which the judgment becomes final 
and not appealable. 
"(2) While available under this section, an amount may be 
obligated or expended only for a purpose described in subsection 
(a). 
"(3) Upon the expiration of the period of availability of an 
amount under paragraph (1), the amount shall be covered into 
the Treasury as miscellaneous receipts. 
"(c) REPORTING REQUIREMENT.—Each year, the Under Secretary 
of Defense (Comptroller) shall submit to Congress a report on 
the amounts, if any, that are available for obligation pursuant 
to this section. The report shall include, at a minimum, the follow-
ing: 
"(1) The total amount available for obligation. 
"(2) The total amount collected from contractors during 
the year preceding the year in which the report is submitted. 
"(3) The total amount disbursed in such preceding year 
and a description of the purpose for each disbursement. 
"(4) The total amount returned to the Treasury in such 
preceding year.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 141 of title 10, United States Code, is amended 
by adding at the end the following new item: 
"2410m. Retention of amounts collected from contractor during the pendency of con-
tract dispute.". 
SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM DISCLO-
SURE. 
Section 2371 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(i) PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.— 
(1) Disclosure of information described in paragraph (2) is not 
required, and may not be compelled, under section 552 of title 
5 for five years after the date on which the information is received 
by the Department of Defense. 
"(2)(A) Paragraph (1) applies to information described in 
subparagraph (B) that is in the records of the Department of 
Defense if the information was submitted to the Department in 
a competitive or noncompetitive process having the potential for 
resulting in an award, to the party submitting the information, 
of a cooperative agreement that includes a clause described in 
subsection (d) or another transaction authorized by subsection (a). 
"(B) The information referred to in subparagraph (A) is the 
following: 
"(i) A proposal, proposal abstract, and supporting docu-
ments. 
"(ii) A business plan submitted on a confidential basis, 
"(iii) Technical information submitted on a confidential 
basis.". 
SEC. 833. UNIT COST REPORTS. 
(a) IMMEDIATE REPORT REQUIRED ONLY FOR PREVIOUSLY UNRE-
PORTED INCREASED COSTS.—Subsection (c) of section 2433 of title 
10, United States Code, is amended by striking out "during the 
current fiscal year (other than the last quarterly unit cost report 
'>Hi^^ ' r- '•• 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1843 
under subsection (b) for the preceding fiscal year)" in the matter 
following paragraph (3). 
(b) IMMEDIATE REPORT NOT REQUIRED FOR COST VARIANCES 
O
R SCHEDULE VARIANCES OF MAJOR CONTRACTS.—Subsection (c) 
of such section is further amended— 
(1) by inserting "or" at the end of paragraph (1); 
(2) by striking out "or" at the end of paragraph (2); £ind 
(3) by striking out paragraph (3). 
(c) CONGRESSIONAL NOTIFICATION OF INCREASED COST NOT 
CONDITIONED ON DISCOVERY SINCE BEGINNING OF FISCAL YEAR.— 
Subsection (d)(3) of such section is amended by striking out "(for 
the first time since the beginning of the current fiscal year)" in 
the first sentence. 
SEC. 834. PLAN FOR PROVIDING CONTRACTING INFORMATION TO GEN-
ERAL PUBLIC AND SMALL BUSINESSES. 
(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall 
develop a plan for improving the responsiveness of the Department 
of Defense to persons from the general public and small businesses 
seeking information on how to pursue contracting and technology 
development opportunities with the department. The plan shall 
include an assessment and recommendation on the designation 
of a central point of contact in the department to provide such 
information. 
(b) SUBMISSION.—Not later than March 31, 1998, the Secretary 
shall submit the plan developed under subsection (a) to the Commit-
tee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives. 
SEC. 835. TWO-YEAR EXTENSION OF CREDITING OF CERTAIN PUR-
CHASES TOWARD MEETING SUBCONTRACTING GOALS. 
Section 2410d(c) of title 10, United States Code, is amended, 
effective as of September 30, 1997, by striking out "September 
30, 1997" and inserting in lieu thereof "September 30, 1999". 
Subtitle D—Other Matters 
SEC. 841. REPEAL OF CERTAIN ACQUISITION REQUIREMENTS AND 
REPORTS 
(a) 
REPEAL OF REPORTING REQUIREMENT FOR NONMAJOR 
ACQUISITION PROGRAMS.—Section 2220(b) of title 10, United States 
Code, is amended by striking out "and nonmajor" in the first sen-
tence. 
(b) REPEAL OF ADDITIONAL APPROVAL REQUIREMENT UNDER 
COMPETITION EXCEPTION FOR INTERNATIONAL AGREEMENTS.—Sec-
tion 2304(f)(2)(E) of title 10, United States Code, is amended by 
striking out "suid such document is approved by the competition 
advocate for the procuring activity". 
(c) CONTENT OF LIMITED SELECTED ACQUISITION REPORTS.— 
Section 2432(h)(2) of title 10, United States Code, is amended— 
(1) by striking out subparagraph (D); and 
(2) by redesignating subparagraphs (E) and (F) as subpara-
graphs (D) and (E), respectively. 
(d) REPEAL OF REPORT RELATING TO PROCUREMENT REGULA-
TIONS.—Section 25 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421) is amended by striking out subsection (g). 
I l l STAT. 1844 
PUBLIC LAW 105-85—NOV. 18, 1997 
Regulations. 
SEC. 842. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS 
BY COMMERCIAL ENTITIES. 
(a) EXTENSION OF AUTHORITY.—Subsection (g) of section 2681 
of title 10, United States Code, is amended by striking out "1998" 
and inserting in lieu thereof "2002". 
(b) REVISED REPORTING REQUIREMENT.—Subsection (h) of such 
section is amended to read as follows: 
"(h) REPORT.—Not later than March 1, 1998, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report identifying existing and proposed proce-
dures to ensure that the use of Major Range and Test Facility 
Installations by commercial entities does not compete with private 
sector test and evaluation services.". 
SEC. 843. REQUIREMENT TO DEVELOP AND MAINTAIN LIST OF FIRMS 
NOT ELIGIBLE FOR DEFENSE CONTRACTS. 
Section 2327 of title 10, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(f) and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
sections: 
"(d) LIST OF FIRMS SUBJECT TO PROHIBITION.—(1) The Secretary 
of Defense shall develop and maintain a list of all firms and subsidi-
aries of firms that the Secretary has identified as being subject 
to the prohibition in subsection (b). 
"(2)(A) A person may request the Secretary to include on the 
list maintained under paragraph (1) any firm or subsidiary of 
a firm that the person believes to be owned or controlled by a 
foreign government described in subsection (b)(2). Upon receipt 
of such a request, the Secretary shall determine whether the condi-
tions in paragraphs (1) and (2) of subsection (b) exist in the case 
of that firm or subsidiary. If the Secretary determines that such 
conditions do exist, the Secretary shall include the firm or subsidi-
ary on the list. 
"(B) A firm or subsidiary of a firm included on the list may 
request the Secretary to remove such firm or subsidieiry from the 
list on the basis that it has been erroneously included on the 
list or its ownership circumstances have significcintly changed. Upon 
receipt of such a request, the Secretary shall determine whether 
the conditions in paragraphs (1) and (2) of subsection (b) exist 
in the case of that firm or subsidiary. If the Secretary determines 
that such conditions do not exist, the Secretary shall remove the 
firm or subsidiary from the list. 
"(C) The Secretary shall establish procedures to carry out this 
paragraph. 
"(3) The head of an agency shall prohibit each firm or subsidiary 
of a firm awarded a contract by the agency fi-om entering into 
a subcontract under that contract in an amount in excess of $25,000 
with a firm or subsidiary included on the list maintained under 
paragraph (1) unless there is a compelling reason to do so. In 
the case of any subcontract requiring consent by the head of an 
agency, the head of the agency sheill not consent to the award 
of the subcontract to a firm or subsidiary included on such list 
iinless there is a compelling reason for such approval. 
"(e) DISTRIBUTION OF LIST.—The Administrator of General Serv-
ices shall ensure that the list developed and maintained under 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1845 
subsection (d) is made available to Federal agencies and the public 
in the same manner and to the same extent as the list of suspended 
and debarred contractors compiled pursuant to subpart 9.4 of the 
Federal Acquisition Regulation.". 
SEC. 844. SENSE OF CONGRESS REGARDING ALLOWABILITY OF COSTS 
OF EMPLOYEE STOCK OWNERSHIP PLANS. 
It is the sense of Congress that the Secretary of Defense should 
not disallow, under Department of Defense contracts, the following 
costs: 
(1) Interest costs associated with deferred compensation 
employee stock ownership plans that were incurred before 
January 1, 1994. 
(2) Costs related to employee stock ownership plan (ESOP) 
debt, control premiums, or marketability discounts associated 
with the valuation of ESOP stock of closely held companies 
that were incurred before January 1, 1995. 
SEC. 845. EXPANSION OF PERSONNEL ELIGIBLE TO PARTICIPATE IN 
DEMONSTRATION PROJECT RELATING TO ACQUISITION 
WORKFORCE. 
(a) COVERED PERSONNEL.—(1) Subsection (a) of section 4308 
of the National Defense Authorization Act for Fiscal Year 1996 
(Pubhc Law 104-106; 10 U.S.C. 1701 note) is amended by adding 
before the period at the end the following: "and supporting personnel 
assigned to work directly with the acquisition workforce". 
(2) Subsection (b)(3)(A) of such section is amended by inserting 
before the semicolon the following: "or involves a team of personnel 
more than half of which consists of members of the acquisition 
workforce and the remainder of which consists of supporting person-
nel assigned to work directly with the acquisition workforce". 
(b) COMMENCEMENT OF PROJECT.—Subsection (b)(3)(B) of such 
section is amended by striking out "this Act" and inserting in 
lieu thereof "the National Defense Authorization Act for Fiscal 
Year 1998". 
(c) LIMITATION ON NUMBER OF PARTICIPANTS.—Such section 
is further amended by adding at the end the following: 
"(d) LIMITATION ON NUMBER OF PARTICIPANTS.—The total num-
ber of persons who may participate in the demonstration project 
under this section may not exceed 95,000.". 
SEC. 846. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO 
BUY AMERICAN ACT. 
Section 827 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2611; 41 U.S.C. 10b-
3) is amended by striking out "120 days" and inserting in lieu 
thereof "90 days". 
SEC. 
847. 
REPEAL 
OF 
REQUIREMENT 
FOR 
CONTRACTOR GUARANTEES 
ON 
MAJOR 
WEAPON 
SYSTEMS. 
(a) REPEAL.—Section 2403 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AND CONFORMING AMENDMENTS.—(1) The table 
of sections at the beginning of chapter 141 of such title is amended 
by striking out the item relating to section 2403. 
(2) Section 803 of the National Defense Authorization Act for 
Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2604; 10 U.S.C. 
2430 note) is amended— 
I l l STAT. 1846 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) in subsection (a), by striking out "2403,"; 
(B) by striking out subsection (c); and 
(C) by redesignating subsection (d) as subsection (c). 
10 use 2304 
SEC. 848. REQUIREMENTS RELATING TO MICRO-PURCHASES. 
(a) REQUIREMENT.—(1) Not later than October 1, 1998, at least 
60 percent of all eligible purchases made by the Department of 
Defense for an amount less than the micro-purchase threshold 
shall be made through streamlined micro-purchase procedures. 
(2) Not later than October 1, 2000, at least 90 percent of 
all eligible purchases made by the Department of Defense for £m 
amount less than the micro-purchase threshold shall be made 
through streamlined micro-purchase procedures. 
(b) ELIGIBLE PURCHASES.—^The Secretary of Defense shall estab-
lish which purchases are eligible for purposes of subsection (a). 
In establishing which purchases are eligible, the Secretary may 
exclude those categories of purchases determined not to be appro-
priate or practicable for streamlined micro-purchase procedures. 
(c) PLAN.—^Not later than March 1, 1998, the Secretary of 
Defense shall provide to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a plan to implement this section. 
(d) REPORT.—^Not later than March 1 in each of the years 
1999, 2000, and 2001, the Secretary of Defense shall submit to 
the congressional defense committees a report on the implementa-
tion of this section. Each report shall include— 
(A) the total dollar amount of all Department of Defense 
purchases for an amount less than the micro-purchase threshold 
in the fiscal year preceding the year in which the report is 
submitted; 
(B) the total dollar amount of such purchases that were 
considered to be eligible purchases; 
(C) the total amount of such eligible purchases that were 
made through a streamlined micro-purchase method; and 
(D) a description of the categories of purchases excluded 
from the definition of eligible purchases established under sub-
section (b). 
(e) DEFINITIONS.—In this section: 
(1) The term "micro-purchase threshold" has the meaning 
provided in section 32 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 428). 
(2) The term "streamlined micro-purchase procedures" 
means procedures providing for the use of the Government-
wide commercial purchase card or any other method for carry-
ing out micro-purchases that the Secretary of Defense pre-
scribes in the regulations implementing this subsection. 
10USC1731 
SEC. 849. PROMOTION RATE FOR OFFICERS IN AN ACQUISITION 
note. 
CORPS. 
(a) REVIEW OF ACQUISITION CORPS PROMOTION SELECTIONS.— 
Upon the approval of the President or his designee of the report 
of a selection board convened under section 611(a) of title 10, 
United States Code, which considered members of an Acquisition 
Corps of a military department for promotion to a grade above 
0-4, the Secretary of the military department shall submit a copy 
of the report to the Under Secretary of Defense for Acquisition 
and Technology for review. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1847 
(b) REPORTING REQUIREMENT.—Not later than January 31 of 
each year, the Under Secretary of Defense for Acquisition and 
Technology 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 Under Secretar/s assess-
ment of the extent to which each military department is compl3ang 
with the requirement set forth in section 1731(b) of title 10, United 
States Code. 
(c) TERMINATION OF REQUIREMENTS.—This section shall cease 
to be effective on October 1, 2000. 
SEC. 850. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCURE-
MENT. 
(a) POLICY.—Section 30 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 426) is amended to read as follows: 
"SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCURE-
MENT. 
"(a) IN GENERAL.—The head of each executive agency, after 
consulting with the Administrator, shall establish, maintain, and 
use, to the maximum extent that is practicable and cost-effective, 
procedures and processes that employ electronic commerce in the 
conduct and administration of its procurement system. 
"(b) APPLICABLE STANDARDS.—In conducting electronic com-
merce, the head of an agency shall apply nationally and internation-
ally recognized standards that broaden interoperability £ind ease 
the electronic interchange of information. 
"(c) AGENCY PROCEDURES.—The head of each executive agency 
shall ensure that systems, technologies, procedures, and processes 
established pursuant to this section— 
"(1) are implemented with uniformity throughout the 
agency, to the extent practicable; 
"(2) are implemented only after granting due consideration 
to the use or partial use, as appropriate, of existing electronic 
commerce and electronic data interchange systems and infra-
structures such the Federal acquisition computer network 
architecture known as FACNET; 
"(3) facilitate access to Federal Government procurement 
opportunities, including opportunities for small business con-
cerns, socially and economically disadvantaged small business 
concerns, and business concerns owned predominantly by 
women; £ind 
"(4) ensure that any notice of agency requirements or 
agency solicitation for contract opportunities is provided in 
a form that allows convenient and universal user access through 
a single, Government-wide point of entry. 
"(d) IMPLEMENTATION.—The Administrator shall, in carrying 
out the requirements of this section— 
"(1) issue policies to promote, to the maximum extent prac-
ticable, uniform implementation of this section by executive 
agencies, with due regard for differences in program require-
ments among agencies that may require departures from uni-
form procedures and processes in appropriate cases, when war-
ranted because of the agency mission; 
"(2) ensure that the head of each executive agency complies 
with the requirements of subsection (c) with respect to the 
agency systems, technologies, procedures, and processes estab-
lished pursuant to this section; and 
I l l STAT. 1848 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(3) consult with the heads of appropriate Federal agencies 
with applicable technical and functional expertise, including 
the Office of Information and Regulatory Affairs, the National 
Institute of Standards and Technology, the General Services 
Administration, and the Department of Defense. 
"(e) REPORT.—Not later than March 1, 1998, and every year 
afterward through 2003, the Administrator shall submit to Congress 
a report setting forth in detail the progress made in implementing 
the requirements of this section. The report shall include the 
following: 
"(1) A strategic plan for the implementation of a Govern-
ment-wide electronic commerce capability. 
"(2) An agency-by-agency summary of implementation of 
the requirements of subsection (c), including timetables, as 
appropriate, addressing when individual agencies will come 
into full compliance. 
"(3) A specific assessment of compliance with the require-
ment in subsection (c) to provide universal public access 
through a single, Government-wide point of entry. 
"(4) Beginning with the report submitted on March 1, 1999, 
an agency-by-agency summary of the volume and dollar value 
of trsuisactions that were conducted using electronic commerce 
methods during the previous calendar year. 
"(5) A discussion of possible incremental changes to the 
electronic commerce capability referred to in subsection (c)(4) 
to increase the level of government contract information avail-
able to the private sector, including an assessment of the advis-
ability of including contract award information in the electronic 
commerce functional standard. 
"(f) ELECTRONIC COMMERCE DEFINED.—For the purposes of this 
section, the term 'electronic commerce' means electronic techniques 
for accomplishing business transactions, including electronic mail 
or messaging, World Wide Web technology, electronic bulletin 
boards, purchase cards, electronic funds transfers, and electronic 
data interchange.". 
(b) 
REPEAL 
OF 
REQUIREMENTS 
FOR 
IMPLEMENTATION 
OF 
FACNET CAPABILITY.—Section 30A of the Office of Federal Procure-
ment PoHcy Act (41 U.S.C. 426a) is repealed. 
(c) REPEAL OF REQUIREMENT FOR GAO REPORT.—Section 9004 
of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 
426a note) is repealed. 
(d) REPEAL OF CONDITION FOR USE OF SIMPLIFIED ACQUISITION 
PROCEDURES.—Section 31 of the Office of Federal Procurement 
PoHcy Act (41 U.S.C. 427) is amended— 
(1) by striking out subsection (e); and 
(2) by redesignating subsections (f) and (g) as subsections 
(e) and (f), respectively. 
(e) AMENDMENTS TO PROCUREMENT NOTICE REQUIREMENTS.— 
(1) Section 8(g)(1) of the Small Business Act (15 U.S.C. 637(g)(1)) 
is amended— 
(A) by striking out subparagraphs (A) and (B); 
(B) by redesignating subparagraphs (C), (D), (E), (F), (G), 
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G), respec-
tively; and 
(C) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph (A): 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1849 
"(A) the proposed procurement is for an amount not greater 
than the simpHfied acquisition threshold and is to be conducted 
b y -
"(i) using widespread electronic public notice of the 
solicitation in a form that allows convenient and universal 
user access through a single, Government-wide point of 
entry; and 
"(ii) permitting the public to respond to the solicitation 
electronically.". 
(2) Section 18(c)(1) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 416(c)(1)) is amended— 
(A) by striking out subparagraphs (A) and (B); 
(B) by redesignating subparagraphs (C), (D), (E), (F), (G), 
and (H) as subparagraphs (B), (C), (D), (E), (F), and (G), respec-
tively; and 
(C) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph (A): 
"(A) the proposed procurement is for an amount not greater 
than the simplified acquisition threshold and is to be conducted 
b y -
"(i) using widespread electronic public notice of the 
solicitation in a form that allows convenient and universal 
user access through a single, Government-wide point of 
entry; and 
"(ii) permitting the public to respond to the solicitation 
electronically.". 
(3) The amendments made by paragraphs (1) and (2) shall 
15 USC 637 note. 
be implemented in a manner consistent with any applicable inter-
national agreements. 
if) CONFORMING AND TECHNICAL AMENDMENTS.—(1) Section 
5061 of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 
413 note) is amended— 
(A) in subsection (c)(4)— 
(i) by striking out "the Federal acquisition computer 
network CFACNET')" and inserting in heu thereof "the 
electronic commerce"; and 
(ii) by striking out "(as added by section 9001)"; and 
(B) in subsection (e)(9)(A), by striking out ", or by dissemi-
nation through FACNET,". 
(2) Section 5401 of the Clinger-Cohen Act of 1996 (divisions 
D and E of Public Law 104-106; 40 U.S.C. 1501) is amended— 
(A) in subsection (a)— 
(i) by striking out "through the Federal Acquisition 
Computer 
Network 
(in this 
section 
referred 
to 
as 
'FACNET')"; and 
(ii) by striking out the last sentence; 
(B) in subsection (b)— 
(i) 
by 
striking 
out 
"ADDITIONAL 
FACNET 
FUNCTIONS.—" and all that follows through "(41 U.S.C. 
426(b)), the FACNET architecture" and inserting in Heu 
thereof "FUNCTIONS.—(1) The system for providing on-line 
computer access"; and 
(ii) in paragraph (2), by striking out "The FACNET 
architecture" and inserting in lieu thereof "The system 
for providing on-line computer access"; 
39-194 O - 97 - 25 : QL 3 Part 2 
I l l STAT. 1850 
PUBLIC LAW 105-85—NOV. 18, 1997 
(C) in subsection (c)(1), by striking out "the FACNET 
architecture" and inserting in Ueu thereof "the system for 
providing on-Une computer access"; and 
(D) by striking out subsection (d). 
(3)(A) Section 2302c of title 10, United States Code, is amended 
to read as follows: 
*'§ 2302c. Implementation of electronic commerce capability 
"(a) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.— 
(1) The head of each agency named in paragraphs (1), (5), and 
(6) shall implement the electronic commerce capability required 
by section 30 of the Office of Federal Procurement Policy Act (41 
U.S.C. 426). 
"(2) The Secretary of Defense shall act through the Under 
Secretary of Defense for Acquisition and Technology to implement 
the capability within the Department of Defense. 
"(3) In implementing the electronic commerce capability pursu-
ant to paragraph (1), the head of an agency referred to in paragraph 
(1) shall consult with the Administrator for Federal Procurement 
Policy. 
"(b) DESIGNATION OF AGENCY OFFICIAL.—The head of each 
agency named in paragraph (5) or (6) of section 2303 of this title 
shall designate a program manager to implement the electronic 
commerce capability for that agency. The program manager shall 
report directly to an official at a level not lower than the senior 
procurement executive designated for the agency under section 16(3) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).". 
(B) Section 2304(g)(4) of such title is amended by striking 
out "31(g)" and inserting in lieu thereof "31(f)". 
(4)(A) Section 302C of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 252c) is amended to read as follows: 
"SEC. 302C. IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABIL-
ITY. 
"(a) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY.— 
(1) The head of each executive agency shall implement the electronic 
commerce capability required by section 30 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 426). 
"(2) In implementing the electronic commerce capability pursu-
ant to paragraph (1), the head of an executive agency shall consult 
with the Administrator for Federal Procurement Policy. 
"(b) DESIGNATION OF AGENCY OFFICIAL.—The head of each 
executive agency shall designate a program manager to implement 
the electronic commerce capability for that agency. The program 
manager shall report directly to an official at a level not lower 
than the senior procurement executive designated for the executive 
agency under section 16(3) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(3)).". 
(B) Section 303(g)(5) of the Federal Property and Administrative 
Services Act (41 U.S.C. 253(g)(5)) is amended by striking out "31(g)" 
£ind inserting in lieu thereof "31(f)". 
10 use 2302c 
(g) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
"^ote. 
the amendments made by this section shall take effect 180 days 
after the date of the enactment of this Act. 
(2) The repeal made by subsection (c) of this section shall 
take effect on the date of the enactment of this Act. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1851 
SEC. 851. CONFORMANCE OF POLICY ON PERFORMANCE BASED 
MANAGEMENT OF CIVILIAN ACQUISITION PROGRAMS 
WITH POLICY ESTABLISHED FOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) PERFORMANCE GOALS.—Section 313(a) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 263(a)) 
is amended to read as follows: 
"(a) CONGRESSIONAL POLICY.—It is the poHcy of Congress that 
the head of each executive agency should achieve, on average, 
90 percent of the cost, performance, and schedule goals established 
for major acquisition programs of the agency.". 
(b) CONFORMING AMENDMENT TO REPORTING REQUIREMENT.— 
Section 6(k) of the Office of Federal Procurement Policy Act (41 
U.S.C. 405(k)) is amended by inserting "regarding major acquisi-
tions that is" in the first sentence after "policy". 
SEC. 852. MODIFICATION OF PROCESS REQUIREMENTS FOR THE SOLU-
TIONS-BASED CONTRACTING PILOT PROGRAM. 
(a) SOURCE SELECTION.—Paragraph (9) of section 5312(c) of 
the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 
104-106; 40 U.S.C. 1492(c)) is amended— 
(1) in subparagraph (A), by striking out ", and ranking 
of alternative sources," and inserting in lieu thereof "or 
sources,"; 
(2) in subparagraph (B)— 
(A) in the matter preceding clause (i), by inserting 
"(or a longer period, if approved by the Administrator)" 
after "30 to 60 days"; 
(B) in clause (i), by inserting "or sources" after "source"; 
and 
(C) in clause (ii), by striking out "that source" and 
inserting in lieu thereof "the source whose offer is deter-
mined to be most advantageous to the Government"; and 
(3) in subparagraph (C), by striking out "with alternative 
sources (in the order ranked)". 
(b) TIME MANAGEMENT DISCIPLINE.—Paragraph (12) of such 
section is amended by inserting before the period at the end the 
following: ", except that the Administrator may approve the applica-
tion of a longer standard period". 
SEC. 853. GUIDANCE AND STANDARDS FOR DEFENSE ACQUISITION 
10USC1723 
WORKFORCE TRAINING REQUIREMENTS. 
note. 
The Secretary of Defense shall develop appropriate guidance 
and standards to ensure that the Department of Defense will con-
tinue, where appropriate and cost-effective, to enter into contracts 
for the training requirements of sections 1723, 1724, and 1735 
of title 10, United States Code, while maintaining appropriate con-
trol over the content and quality of such training. 
SEC. 854. STUDY AND REPORT TO CONGRESS ASSESSING DEPENDENCE 
ON FOREIGN SOURCES FOR RESISTORS AND CAPACI-
TORS. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
of the capacitor and resistor industries in the United States and 
the degree of United States dependence on foreign sources for 
resistors and capacitors. 
I l l STAT. 1852 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) REPORT.—Not later than May 1, 1998, the Secretary shall 
submit to Congress a report on the results of the study under 
subsection (a). The report shall include the following: 
(1) An assessment of the industrial base for the production 
of resistors and capacitors within the United States and a 
projection of any changes in that base that are likely to occur 
after the implementation of relevant tariff reductions required 
by the Information Technology Agreement entered into at the 
World Trade Organization Ministerial in Singapore in Decem-
ber 1996. 
(2) An assessment of the level of dependence on foreign 
sources for procurement of resistors and capacitors and a projec-
tion of the level of dependence on foreign sources that is likely 
to occur after the implementation of relevant tariff reductions 
required by the Information Technology Agreement. 
(3) The implications for the national security of the United 
States of the projections reported under paragraphs (1) and 
(2). 
(4) Recommendations for appropriate changes, if any, in 
defense procurement policies or other Federal policies based 
on such implications. 
SEC. 855. 
DEPARTMENT 
OF 
DEFENSE 
AND 
FEDERAL 
PRISON 
INDUS-
TRIES 
JOINT 
STUDY. 
(a) STUDY OF EXISTING PROCUREMENT PROCEDURES.—The Sec-
retary of Defense and the Director of Federal Prison Industries 
shall jointly conduct a study of the procurement procedures, regula-
tions, and statutes that govern procurement transactions between 
the Department of Defense and Federal Prison Industries. 
(b) REPORT.—(1) The Secretary and the Director shall, not 
later than 180 days after the date of the enactment of this Act, 
submit to the committees listed in paragraph (2) a report containing 
the findings of the study and recommendations on the means to 
improve the efficiency and reduce the cost of transactions described 
in subsection (a). 
(2) The committees referred to in paragraph (1) are the 
following: 
(A) The Committee on Armed Services and the Committee 
on the Judiciary of the Senate. 
(B) The Committee on National Security and the Commit-
tee on the Judiciary of the House of Representatives. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—^Department of Defense Positions and Organizations and Other 
General 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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1853 
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. 
Subtitle A—Department of Defense Posi-
tions and Organizations and Other Gen-
eral Matters 
SEC. 901. ASSISTANTS TO THE CHAIRMAN OF THE JOINT CHIEFS OF 
10 USC 155 note. 
STAFF FOR NATIONAL GUARD MATTERS AND FOR 
RESERVE MATTERS. 
(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense 
shall establish the following positions within the Joint Staff: 
(1) Assistant to the Chairman of the Joint Chiefs of Staff 
for National Guard Matters. 
(2) Assistant to the Chairman of the Joint Chiefs of Staff 
for Reserve Matters. 
(b) SELECTION.—(1) The Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters shall be selected by 
the Chairman from officers of the Army National Guard of the 
United States or the Air Guard of the United States who— 
(A) are recommended for such selection by their respective 
Governors or, in the case of the District of Columbia, the 
commanding general of the District of Columbia National 
Guard; 
(B) have had at least 10 years of federally recognized 
commissioned service in the National Guard; and 
(C) are in a grade above the grade of colonel. 
(2) The Assistant to the Chairman of the Joint Chiefs of Staff 
for Reserve Matters shall be selected by the Chairman from officers 
of the Army Reserve, the Naval Reserve, the Marine Corps Reserve, 
or the Air Force Reserve who— 
(A) are recommended for such selection by the Sec-
retary of the military department concerned; 
(B) have had at least 10 years of commissioned service 
in their reserve component; and 
(C) are in a grade above the grade of colonel or, in 
the case of the Naval Reserve, captain. 
(c) TERM OF OFFICE.—Each Assistant to the Chairman under 
subsection (a) serves at the pleasure of the Chairman for a term 
of two years and may be continued in that assignment in the 
same manner for one additional term. However, in time of war 
there is no limit on the number of terms. 
I l l STAT. 1854 
PUBLIC LAW 105-85—NOV. 18, 1997 
(d) GRADE.—Each Assistant to the Chairman, while so serving, 
holds the grade of major general or, in the case of the Naval 
Reserve, rear admiral. Each such officer shall be considered to 
be serving in a position external to that officer's Armed Force 
for purposes of section 721 of title 10, United States Code, as 
added by section 501(a). 
(e) DUTIES.—The Assistant to the Chairman for National Guard 
Matters is an adviser to the Chairman on matters relating to 
the National Guard and performs the duties prescribed for that 
position by the Chairman. The Assistant to the Chairman for 
Reserve Matters is an adviser to the Chairman on matters relating 
to the reserves and performs the duties prescribed for that position 
by the Chairman. 
(f) OTHER RESERVE COMPONENT REPRESENTATION ON JOINT 
STAFF.—(1) The Secretary of Defense, in consultation with the 
Chairman of the Joint Chiefs, shall develop appropriate policy guid-
ance to ensure that, to the maximum extent practicable, the level 
of reserve component officer representation within the Joint Staff 
is commensurate with the significant role of the reserve components 
within the Total Force. 
Reports. 
(2) Not later than March 1, 1998, the Secretary shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report 
describing the steps taken and being taken to implement this sub-
section. 
(g) EFFECTIVE DATE.—The positions specified in subsection (a) 
shall be established by the Secretary of Defense not later than 
60 days after the date of the enactment of this Act. 
SEC. 902. USE OF CINC INITIATIVE FUND FOR FORCE PROTECTION. 
Section 166a(b/ of title 10, United States Code, is amended 
by adding at the end the following: 
"(9) Force protection.". 
SEC. 903. REVISION TO REQUIREO FREQUENCY FOR PROVISION OF 
POLICY GUIDANCE FOR CONTINGENCY PLANS. 
Section 113(g)(2) of title 10, United States Code, is amended— 
(1) in the first sentence, by striking out "annually"; and 
(2) in the second sentence, by inserting "be provided every 
two years or more frequently as needed £ind shall" after "Such 
guidance shall". 
SEC. 904. ANNUAL JUSTIFICATION FOR DEPARTMENT OF DEFENSE 
ADVISORY COMMITTEES. 
(a) ANNUAL JUSTIFICATION REQUIRED.—Chapter 7 of title 10, 
United States Code, is amended by adding after section 182, as 
added by section 382(a)(1), the following new section: 
*'§ 183. Advisory committees: annual justification required 
"(a) ANNUAL REPORT.—The Secretary of Defense shall include 
in the annual report of the Secretary under section 113(c) of this 
title a report on advisory committees of the Department of Defense. 
In each such report, the Secretary shall— 
"(1) identify each advisory committee that the Secretary 
proposes to support, or that the Secretary is required by law 
or direction from the President to support, during the next 
fiscal year; and 
• ^ V t 
> » f ^ j » i i s . 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1855 
"(2) for each committee identified under paragraph (1), 
set forth— 
"(A) the justification or requirement for that committee; 
and 
"(B) the projected cost to the Department of Defense 
to support that committee during the next fiscal year. 
"(b) ADVISORY COMMITTEE DEFINED.—In this section, the term 
'advisory committee' means an entity that is subject to the provi-
sions of the Federal Advisory Committee Act (5 U.S.C. App.).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 182, as added by section 382(a)(2), the following new 
item: 
"183. Advisory committees: annual justification required.". 
SEC. 905. AIRBORNE RECONNAISSANCE MANAGEMENT. 
(a) REORGANIZATION OF DEFENSE AIRBORNE RECONNAISSANCE 
MANAGEMENT.—Not later than September 30, 1998, the Secretary 
of Defense shall reorganize the management of defense airborne 
reconnaissance within the Department of Defense in accordance 
with the plan developed under subsection (b). 
(b) PLAN AND REPORT.—(1) The Secretary of Defense shall 
develop a plan to reorganize the following organizations by transfer-
ring functions as required under subsections (c) and (d): 
(A) The organization within the Department of Defense 
that is subordinate to the Under Secretary of Defense for 
Acquisition and Technology and known as the Defense Airborne 
Reconnaissance Office. 
(B) The organization within the Department of Defense 
that is subordinate to the Secretary of the Navy and known 
as the Unmanned Aerial Vehicle Joint Program Office. 
(2) The Secretary shall submit to the congressional defense 
committees a report containing— 
(A) the plan developed under paragraph (1); and 
(B) an explanation of how the plan addresses the findings 
and recommendations in the final report of the Task Force 
on Defense Reform (established by the Secretary of Defense 
on May 14, 1997, and headed by the Deputy Secretary of 
Defense). 
(3) The plan under paragraph (1) shall be developed, and the 
report under paragraph (2) shall be submitted, not later than March 
1, 1998. 
(c) TRANSFER OF CERTAIN FUNCTIONS TO SECRETARIES OF MILI-
TARY DEPARTMENTS.—(1) Not later than September 30, 1998, the 
Secretary of Defense shall transfer to the Secretaries of the military 
departments those functions specified in paragraph (2) that were 
performed on the day before the date of the enactment of this 
Act by the Defense Airborne Reconnaissance Office and the 
Unmanned Aerial Vehicle Joint Program Office. 
(2) The functions referred to in paragraph (1) are the functions 
of the Defense Airborne Reconnaissance Office and the Unmanned 
Aerial Vehicle Joint Program Office relating to their responsibilities 
for acquisition of systems, budgeting, program management (for 
research, development, test, and evaluation, for procurement, for 
life-cycle support, and for operations), and related responsibilities 
for individual airborne reconnaissance programs. 
I l l STAT. 1856 
PUBLIC LAW 105-85—NOV. 18, 1997 
(d) TRANSFER OF CERTAIN FUNCTIONS TO DEFENSE AIRBORNE 
RECONNAISSANCE OFFICE.—(1) Not later than September 30, 1998, 
the Secretary of Defense shall transfer to the Defense Airborne 
Reconnaissance Office those functions specified in paragraph (2) 
that were performed on the day before the date of the enactment 
of this Act by the Unmanned Aerial Vehicle Joint Program Office. 
(2) The functions referred to in paragraph (1) are the functions 
of the Unmanned Aerial Vehicle Joint Program Office relating 
to its responsibilities for management and oversight of defense 
airborne reconnaissance architecture, requirements, and system 
interfaces (other than the responsibilities specified in subsection 
(c)(2)). 
SEC. 906. TERMINATION OF THE ARMED SERVICES PATENT ADVISORY 
BOARD. 
(a) TERMINATION OF BOARD.—The organization within the 
Department of Defense known as the Armed Services Patent 
Advisory Board is terminated. No funds available for the Depart-
ment of Defense may be used for the operation of that Board 
after the effective date specified in subsection (c). 
(b) TRANSFER OF FUNCTIONS.—All functions performed on the 
day before the date of the enactment of this Act by the Armed 
Services Patent Advisory Board (including performance of the 
responsibilities of the Department of Defense for security review 
of patent applications under chapter 17 of title 35, United States 
Code) shall be transferred to the Defense Technology Security 
Administration. 
(c) EFFECTIVE DATE.—Subsection (a) shall take effect at the 
end of the 120-day period beginning on the date of the enactment 
of this Act. 
10 u s e 113 note. 
SEC. 907. COORDINATION OF DEPARTMENT OF DEFENSE CRIMINAL 
INVESTIGATIONS AND AUDITS. 
(a) MILITARY DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZA-
TIONS.—(1) The heads of the military department criminal investiga-
tive organizations shall take such action as may be practicable 
to conserve the limited resources available to the military depart-
ment criminal investigative organizations by sharing personnel, 
expertise, infrastructure, training, equipment, software, and other 
resources. 
(2) The heads of the military department criminal investigative 
organizations shall meet on a regular basis to determine the manner 
in which and the extent to which the military department criminal 
investigative organizations will be able to share resources. 
(b) DEFENSE AUDITING ORGANIZATIONS.—(1) The heads of the 
defense auditing organizations shall take such action as may be 
practicable to conserve the limited resources available to the defense 
auditing organizations by sharing personnel, expertise, infrastruc-
ture, training, equipment, software, and other resources. 
(2) The heads of the defense auditing organizations shall meet 
on a regular basis to determine the manner in which and the 
extent to which the defense auditing organizations will be able 
to share resources. 
(c) IMPLEMENTATION PLAN.—Not later than December 31, 1997, 
the Secretary of Defense shall submit to Congress a plan designed 
to maximize the resources available to the military department 
criminal investigative organizations and the defense 
auditing 
organizations, as required by this section. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1857 
(d) DEFINITIONS.—For purposes of this section: 
(1) The term "mihtary department criminal investigative 
organizations" means— 
(A) the Army Criminal Investigation Command; 
(B) the Naval Criminal Investigative Service; and 
(C) the Air Force Office of Special Investigations. 
(2) The term "defense auditing organizations" means— 
(A) the Office of the Inspector General of the Depart-
ment of Defense; 
(B) the Defense Contract Audit Agency; 
(C) the Army Audit Agency; 
(D) the Naval Audit Service; and 
(E) the Air Force Audit Agency. 
Subtitle B—Department of Defense 
Personnel Management 
SEC. 911. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT 
HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVI-
TIES. 
(a) IN GENERAL.—(1) Chapter 3 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*'§ 130a. Management headquarters and headquarters sup-
port activities personnel: limitation 
"(a) LIMITATION.—Effective October 1, 2002, the number of Effective date, 
management headquarters and headquarters support activities 
personnel in the Department of Defense may not exceed 75 percent 
of the baseline number. 
"(b) PHASED REDUCTION.—^The number of management head-
quarters and headquarters support activities personnel in the 
Department of Defense— 
"(1) as of October 1, 1998, may not exceed 95 percent 
of the baseline number; 
"(2) as of October 1, 1999, may not exceed 90 percent 
of the baseline number; 
"(3) as of October 1, 2000, may not exceed 85 percent 
of the baseline number; and 
"(4) as of October 1, 2001, may not exceed 80 percent 
of the baseline number. 
"(c) BASELINE NUMBER.—In this section, the term 'baseline 
number' means the number of management headquarters and head-
quarters support activities personnel in the Department of Defense 
as of October 1, 1997. 
"(d) LIMITATION ON MANAGEMENT HEADQUARTERS AND HEAD-
QUARTERS SUPPORT PERSONNEL ASSIGNED TO THE UNITED STATES 
TRANSPORTATION COMMAND.—(1) Effective October 1, 1998, the Effective date, 
number of management headquarters activities and management 
headquarters support activities personnel assigned to, or employed 
in, the United States Transportation Command may not exceed 
the number equal to 95 percent of the number of such personnel 
as of October 1, 1997. 
"(2) For purposes of paragraph (1), the United States Transpor-
tation Command shall be considered to include the following: 
"(A) The United States Transportation Command Head-
quarters. 
I l l STAT. 1858 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(B) The Air Mobility Command of the Air Force. 
"(C) The Mihtary SeaHft Command of the Navy. 
"(D) The Military Traffic Management Command of the 
Army. 
"(E) The Defense Courier Service. 
"(F) Any other element of the Department of Defense 
assigned to the United States Transportation Command. 
"(3) The Secretary of Defense may waive or suspend operation 
of paragraph (1) in the event of a war or national emergency. 
"(e) MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUP-
PORT ACTIVITIES PERSONNEL DEFINED.—In this section: 
"(1) The term'management headquarters and headquarters 
support activities personnel' means military and civilian person-
nel of the Department of Defense who are assigned to, or 
employed in, functions in management headquarters activities 
or in management headquarters support activities. 
"(2) The terms 'management headquarters activities' and 
'management headquarters support activities' have the mean-
ings given those terms in Department of Defense Directive 
5100.73, entitled 'Department of Defense Management Head-
quarters and Headquarters Support Activities', as in effect on 
November 12, 1996. 
"(f) LIMITATION ON REASSIGNMENT OF FUNCTIONS.—In carrying 
out reductions in the number of personnel assigned to, or employed 
in, management headquarters and headquarters support activities 
in order to comply with this section, the Secretary of Defense 
£ind the Secreteiries of the military depsirtments may not reassign 
functions in order to evade the requirements of this section. 
"(g) FLEXIBILITY.—If the Secretary of Defense determines, and 
certifies to Congress, that the limitation in subsection (b) with 
respect to any fiscal year would adversely affect United States 
national security, the Secretary may waive the limitation under 
that subsection with respect to that fiscal year. If the Secretary 
of Defense determines, and certifies to Congress, that the limitation 
in subsection (a) during fiscal year 2001 would adversely affect 
United States national security, the Secretary may wsdve the limita-
tion under that subsection with respect to that fiscal year. The 
authority under this subsection may be used only once, with respect 
to a single fiscal year.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"130a. Management headquarters and headquarters support activities personnel: 
limitation.". 
lousciaoa 
(b) IMPLEMENTATION REPORT.—Not later than January 15, 
note. 
1998, the Secretary of Defense shall submit to Congress a report— 
(1) containing a plan to achieve the personnel reductions 
required by section 130a of title 10, United States Code, as 
added by subsection (a); and 
(2) including the recommendations of the Secretary regard-
ing— 
(A) the revision, replacement, or augmentation of 
Department of Defense Directive 5100.73, entitled "Depart-
ment of Defense Management Headquarters and Head-
quarters Support Activities", as in effect on November 12, 
1996; and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1859 
(B) the revision of the definitions of the terms "manage-
ment headquarters activities" and "management head-
quarters support activities" under that Directive so that 
those terms apply uniformly throughout the Department 
of Defense. 
(c) DUTIES OF TASK FORCE ON DEFENSE REFORM TO INCLUDE 
CONSIDERATION OF MANAGEMENT HEADQUARTERS ACTIVITIES.—(1) 
The Secretary of Defense shall require that the areas of study 
of the Task Force on Defense Reform (established by the Secretary 
of Defense on May 14, 1997, and headed by the Deputy Secretary 
of Defense) include an examination of the missions, functions, and 
responsibilities of the various management headquarters activities 
and management headquarters support activities of the Department 
of Defense. In carrying out that examination of those activities, 
the Task Force shall identify areas of duplication in those activities 
and recommend to the Secretary options to streamline, reduce, 
and eliminate redundancies. 
(2) The examination of the missions, functions, and responsibil-
ities of the various management headquarters activities and 
management headquarters support activities of the Department 
of Defense under paragraph (1) shall include the following: 
(A) An assessment of benefits of consolidation or selected 
elimination of Department of Defense management head-
quarters activities and management headquarters support 
activities. 
(B) An assessment of the opportunities to streamline the 
management headquarters and management headquarters sup-
port infrastructure that were realized as a result of the enact-
ment of the Federal Acquisition Streamlining Act of 1994 (Pub-
lic Law 103-355) and the Clinger-Cohen Act of 1996 (divisions 
D and E of Public Law 104-106) or as result of other manage-
ment reform initiatives implemented administratively during 
the period fi-om 1993 through 1997. 
(C) An assessment of such other options for streamlining 
or restructuring the management headquarters and manage-
ment headquarters support infrastructure as the Task Force 
considers appropriate and as can be carried out under existing 
provisions of law. 
(3) Not later than March 1, 1998, the Secretary of Defense Reports. 
shall submit to Congress a report on the results of the examination 
by the Task Force under this subsection. The Secretary shall include 
in the report any report to the Secretary from the Task Force 
with respect to the matters described in paragraphs (1) and (2). 
(d) CODIFICATION OF PRIOR PERMANENT LIMITATION ON O S D 
PERSONNEL.—(1) Chapter 4 of title 10, United States Code, is 
amended by adding at the end a new section 143 consisting o
f
— 
(A) a heading as follows: 
"§ 143. Office of the Secretary of Defense personnel: limita-
tion"; 
and 
(B) a text consisting of the text of subsections (a) through 
(f) of section 903 of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2617). 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"143. Office of the Secretary of Defense personnel: limitation.". 
I l l STAT. 1860 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) Section 903 of the National Defense Authorization Act for 
Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2617) is repealed. 
10 u s e 131 note. 
SEC. 912. DEFENSE ACQUISITION WORKFORCE. 
(a) REDUCTION OF DEFENSE ACQUISITION WORKFORCE.—(1) 
The 
Secretary of Defense shall accomplish reductions in defense acquisi-
tion personnel positions during fiscal year 1998 so that the total 
number of such personnel as of October 1, 1998, is less than 
the total number of such personnel as of October 1, 1997, by 
at least the applicable number determined under paragraph (2). 
(2)(A) The applicable number for purposes of paragraph (1) 
is 25,000. However, the Secretary of Defense may specify a lower 
number, which may not be less than 10,000, as the applicable 
number for purposes of paragraph (1) if the Secretary determines, 
and certifies to Congress not later than June 1, 1998, that an 
applicable number greater than the number specified by the Sec-
retary would be inconsistent with the cost-effective management 
of the defense acquisition system to obtain best value equipment 
and would adversely affect military readiness. 
(B) The Secretary shall include with such a certification a 
detailed explanation of each of the matters certified. 
(C) The authority of the Secretary under subparagraph (A) 
may only be delegated to the Deputy Secretary of Defense. 
(3) For purposes of this subsection, the term "defense acquisi-
tion personnel" means military and civilian personnel (other than 
civilian personnel who are employed at a maintenance depot) who 
are assigned to, or employed in, acquisition organizations of the 
Department of Defense (as specified in Department of Defense 
Instruction numbered 5000.58 dated January 14, 1992). 
(b) REPORT ON SPECIFIC ACQUISITION POSITIONS PREVIOUSLY 
ELIMINATED.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to Congress 
a report on reductions in the defense acquisition workforce made 
since fiscal year 1989. The report shall show aggregate reductions 
by fiscal year and shall show for each fiscal year reductions identi-
fied by specific job title, classification, or position. The report shall 
also identify those reductions carried out pursuant to law (and 
how the Secretary implemented any statutory requirement for such 
reductions, including definition of the workforce subject to the 
reduction) and those reductions carried out as a result of base 
closures and realignments under the so-called BRAC process. The 
Secretary shall include in the report a definition of the term 
"defense acquisition workforce" that is to be applied uniformly 
throughout the Department of Defense. 
Reports. 
(c) 
IMPLEMENTATION PLAN TO 
STREAMLINE AND IMPROVE 
ACQUISITION ORGANIZATIONS.—(1) Not later than April 1, 1998, 
the Secretary of Defense shall submit to Congress a report contain-
ing a plan to streamline the acquisition organizations, workforce, 
and infrastructure of the Department of Defense. The Secretary 
shall include with the report a detailed discussion of the rec-
ommendations of the Secretary based on the review under sub-
section (d) and the assessment of the Task Force on Defense Reform 
pursuant to subsection (e), together with a request for the enact-
ment of any legislative changes necessary for implementation of 
the plan. The Secretary shall include in the report the results 
of the review under subsection (d) and the independent assessment 
of the Task Force on Defense Reform pursuant to subsection (e). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1861 
(2) In carrying out this subsection and subsection (d), the 
Secretary of Defense shall formally consult with the Chairman 
of the Joint Chiefs of Staff, the Director of Program Analysis and 
Evaluation, the Under Secretary of Defense (Comptroller), and the 
Under Secretary for Acquisition and Technology. 
(d) REVIEW OF ACQUISITION ORGANIZATIONS AND FUNCTIONS.— 
The Secretary of Defense shall conduct a review of the organizations 
and functions of the Department of Defense acquisition activities 
and of the personnel required to carry out those functions. The 
review shall identify the following: 
(1) Opportunities for cross-service, cross-functional arrange-
ments within the military services and defense agencies. 
(2) Specific areas of overlap, duplication, and redundancy 
among the various acquisition organizations. 
(3) Opportunities to further streamline acquisition proc-
esses. 
(4) Benefits of an enhanced Joint Requirements Oversight 
Council in the acquisition process. 
(5) Alternative 
consolidation 
options 
for 
acquisition 
organizations. 
(6) Alternative methods for performing industry oversight 
£ind quality assurance. 
(7) Alternative options to shorten the procurement cycle. 
(8) Alternative acquisition infrastructure reduction options 
within current authorities. 
(9) Alternative organizational arrangements that capitalize 
on core acquisition competencies among the military services 
and defense agencies. 
(10) Future acquisition personnel requirements of the 
Department. 
(11) Adequacy of the Program, Plsms, and Budgeting Sys-
tem in fulfilling current and future acquisition needs of the 
Department. 
(12) Effect of technology and advanced management tools 
in the future acquisition system. 
(13) Applicability of more flexible alternative approaches 
to the current civil service system for the acquisition workforce. 
(14) Adequacy of Department of Defense Instruction num-
bered 5000.58 dated January 14, 1992. 
(e) DUTIES OF TASK FORCE ON DEFENSE REFORM TO INCLUDE 
CONSIDERATION OF ACQUISITION ORGANIZATIONS.—(1) The Sec-
retary of Defense shall require that the areas of study of the 
Task Force on Defense Reform (established by the Secretary of 
Defense on May 14, 1997, and headed by the Deputy Secretary 
of Defense) include an examination of the missions, functions, and 
responsibilities of the various acquisition organizations of the 
Department of Defense, including the acquisition workforce of the 
Department. In carr5dng out that examination of those organizations 
and that workforce, the Task Force shall identify areas of duplica-
tion in defense acquisition organization and recommend to the 
Secretary 
options 
to 
streamline, 
reduce, 
and 
eliminate 
redundancies. 
(2) The examination of the missions, functions, and responsibil-
ities of the various acquisition organizations of the Department 
of Defense under paragraph (1) shall include the following: 
(A) An assessment of benefits of consolidation or selected 
elimination of Department of Defense acquisition organizations. 
I l l STAT. 1862 
PUBLIC LAW 105-85—NOV. 18, 1997 
(B) An assessment of the opportunities to streamline the 
defense acquisition infrastructure that were reahzed as a result 
of the enactment of the Federal Acquisition Streamlining Act 
of 1994 (Public Law 103-355) and the Chnger-Cohen Act of 
1996 (divisions D and E of Pubhc Law 104-106) or as result 
of other acquisition reform initiatives implemented administra-
tively during the period from 1993 through 1997. 
(C) An assessment of such other options for streamlining 
or restructuring the defense acquisition infrastructure as the 
Task Force considers appropriate and as can be carried out 
under existing provisions of law. 
Reports. 
(3) Not later than March 1, 1998, the Task Force shall submit 
to the Secretary a report on the results of its review of the acquisi-
tion organizations of the Department of Defense, including any 
recommendations of the Task Force for improvements to those 
organizations. 
(f) TECHNICAL REFERENCE CORRECTION.—Section 1721(c) of title 
10, United States Code, is amended by striking out "November 
25, 1988" and inserting in Heu thereof "November 12, 1996". 
Subtitle C—Department of Defense Schools 
and Centers 
SEC. 921. PROFESSIONAL MILITARY EDUCATION SCHOOLS. 
(a) 
COMPONENT 
INSTITUTIONS OF THE NATIONAL 
DEFENSE 
UNIVERSITY.—(1) Chapter 108 of title 10, United States Code, is 
amended by adding at the end the following new section: 
''§ 2165. National Defense University: component institutions 
"(a) IN GENERAL.—There is a National Defense University in 
the Department of Defense. 
"(b) COMPONENT INSTITUTIONS.—The National Defense Univer-
sity consists of the following institutions: 
"(1) The National War College. 
"(2) The Industrial College of the Armed Forces. 
"(3) The Armed Forces Staff College. 
"(4) The Institute for National Strategic Studies. 
"(5) The Information Resources Management College.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2165. National Defense University: component institutions.". 
(b) MARINE CORPS UNIVERSITY AS PROFESSIONAL MILITARY EDU-
CATION SCHOOL.—Subsection (d) of section 2162 of such title is 
amended to read as follows: 
"(d) PROFESSIONAL MILITARY EDUCATION SCHOOLS.—This sec-
tion applies to each of the following professional military education 
schools: 
"(1) The National Defense University. 
"(2) The Army War College. 
"(3) The College of Naval Warfare. 
"(4) The Air War College. 
"(5) The United States Army Command and General Staff 
College. 
"(6) The C0ege of Naval Command and Staff. 
"(7) The Air Command and Staff College. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1863 
"(8) The Marine Corps University.". 
(c) REPEAL OF DUPLICATIVE DEFINITION.—Section 1595(d) of 
such title is amended— 
(1) by striking out "(1)" before "In the case of; and 
(2) by striking out paragraph (2). 
SEC. 
922. 
CENTER 
FOR 
HEMISPHERIC 
DEFENSE 
STUDIES. 
(a) INSTITUTION OF THE NATIONAL DEFENSE UNIVERSITY.—Sub-
section (b) of section 2165 of title 10, United States Code, as 
added by section 921(a)(1), is amended by adding at the end the 
following new paragraph: 
"(6) The Center for Hemispheric Defense Studies.". 
(b) CIVILIAN FACULTY MEMBERS.—Section 1595 of title 10, 
United States Code, is amended by striking out subsections (e) 
and (f) and inserting in lieu thereof the following: 
"(e) APPLICABILITY TO DIRECTOR AND DEPUTY DIRECTOR AT CER-
TAIN INSTITUTIONS.—In addition to the persons specified in sub-
section (a), this section also applies with respect to the Director 
and the Deputy Director of the following: 
"(1) The George C. Marshall European Center for Security 
Studies. 
"(2) The Asia-Pacific Center for Security Studies. 
"(3) The Center for Hemispheric Defense Studies.". 
SEC. 923. CORRECTION TO REFERENCE TO GEORGE C. MARSHALL 
EUROPEAN CENTER FOR SECURITY STUDIES. 
(a) CORRECTION TO REFERENCE TO NAME OF CENTER.—Sub-
section (a) of section 506 of the Intelligence Authorization Act, 
Fiscal Year 1990 (Pubhc Law 101-193; 8 U.S.C. 1430 note), is 
amended by striking out "the United States Army Russian Institute" 
and inserting in lieu thereof "the George C. Marshall European 
Center for Security Studies". 
(b) SECTION HEADING.—The heading of such section is amended 
to read as follows: 
"REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF GEORGE C. 
MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES". 
Subtitle D—^Department of Defense 
Intelligence Matters 
SEC. 931. TRANSFER OF CERTAIN MILITARY DEPARTMENT PROGRAMS 
FROM TIARA BUDGET AGGREGATION. 
(a) TRANSFER.—Effective March 1, 1998, the Secretary of Effective date. 
Defense shall, for each program identified by the Secretary under 
subsection (c)(2), transfer the management and budgeting of funds 
for that program from the TIARA budget aggregation to a nonintel-
ligence budget activity of the military department responsible for 
that program. 
(b) ASSESSMENT.—The Secretary of Defense shall conduct an 
assessment of the policy of the Department of Defense that is 
used for determining the programs of the Department that are 
included within the TIARA budget aggregation. In conducting the 
assessment, the Secretary— 
I l l STAT. 1864 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) shall consider whether the current policy is in need 
of revision to reflect changes in technology and battlefield use 
of TIARA systems; 
(2) shall specifically consider the appropriateness of the 
continued inclusion in the TIARA budget aggregation of each 
of the programs described in subsection (e); and 
(3) may consider the appropriateness of the continued inclu-
sion in the TIARA budget aggregation of any other program 
(in addition to the programs described to in subsection (e)) 
that as of the date of the enactment of this Act is managed 
and budgeted as part of the TIARA budget aggregation. 
(c) REPORT.—Not later than March 1, 1998, the Secretary of 
Defense shall submit to Congress a report on the assessment carried 
out under section (b). The Secretary shall include in the report— 
(1) a description of any proposed changes to Department 
of Defense policies for determining which programs are included 
in the TIARA budget aggregation; and 
(2) identification of each program (among the programs 
considered pursuant to paragraphs (2) and (3) of subsection 
(b)) for which the management and budgeting of funds is to 
be transferred under subsection (a). 
(d) IDENTIFICATION OF PROGRAMS.—(1) In specifying the pro-
grams to be included on the list under subsection (c)(2), the 
Secretary— 
(A) shall (except as otherwise provided pursuant to a waiver 
under paragraph (2)) include each program described in sub-
section (e); £ind 
(B) may include such additional programs considered in 
the assessment pursuant to subsection (b)(3) as the Secretary 
determines appropriate. 
(2) The Secretary, after considering the results of the assess-
ment under subsection (c), may waive the applicability of paragraph 
(1)(A) to any program described in subsection (e). The Secretary 
shall include in the report under subsection (c) identification of 
each such program for which the Secretary has granted such a 
waiver and supporting rationale for each waiver. 
(e) COVERED PROGRAMS.—The programs described in this sub-
section are the following (each of which, as of the date of the 
enactment of this Act, is managed and budgeted as part of the 
TIARA budget aggregation): 
(1) Each targeting or target acquisition program of the 
Department of Defense, including the Joint Surveillance and 
Target Attack Radar System (JSTARS) and the Advanced 
Deployable System. 
(2) Each Tactical Warning and Attack Assessment program 
of the Department of Defense, including the Defense Support 
Program, the Space-Based Infrared Program, and early warning 
radars. 
(3) Each tactical communications system of the Department 
of Defense, including the Joint Tactical Terminal. 
(f) TIARA BUDGET AGGREGATION DEFINED.—For purposes of 
this section, the term "TIARA budget aggregation" means the 
aggregation of programs of the Department of Defense for which 
funds are managed and budgeted through a common designation 
as Tactical Intelligence and Related Activities (TIARA) of the 
Department of Defense. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1865 
SEC. 932. REPORT ON COORDINATION OF ACCESS OF COMMANDERS 
AND DEPLOYED UNITS TO INTELLIGENCE COLLECTED 
AND ANALYZED BY THE INTELLIGENCE COMMUNITY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Coordination of operational intelligence support for the 
commanders of the combatant commands and deployed units 
of the Armed Forces has proven to be inadequate. 
(2) Procedures used to reconcile information among various 
intelligence community and Department of Defense data bases 
have proven to be inadequate and, being inadequate, have 
diminished the usefulness of that information and have pre-
cluded commanders and planners within the Armed Forces 
from fully benefiting from key information that should have 
been available to them. 
(3) Excessive compartmentalization of responsibilities and 
information within the Department of Defense and the other 
elements of the intelligence community has resulted in inac-
curate analysis of important intelligence material. 
(4) Excessive restrictions on the distribution of information 
within the executive branch have disadvantaged units of the 
Armed Forces that would have benefited most from the informa-
tion. 
(5) Procedures used in the Department of Defense to ensure 
that critical intelligence information is provided to the right 
combat units in a timely manner failed during the Persian 
Gulf War and, as a result, information about potential chemical 
weapons storage locations did not reach the units that eventu-
ally destroyed those storage areas. 
(6) A recent, detailed review of the events leading to sind 
following the destruction of chemical weapons by members of 
the Armed Forces at Khamisiyah, Iraq, during the Persian 
Gulf War has revealed a number of inadequacies in the way 
the Department of Defense and the other elements of the intel-
ligence community handled, distributed, recorded, and stored 
intelligence information about the threat of exposure of United 
States forces to chemical weapons and the toxic agents in 
those weapons. 
(7) The inadequacy of procedures for recording the receipt 
of, and reaction to, intelligence reports provided by the intel-
ligence community to combat units of the Armed Forces during 
the Persian Gulf War has caused it to be impossible to analyze 
the failures in transmission of intelligence-related information 
on the location of chemical weapons at Khamisiyah, Iraq, that 
resulted in the demolition of chemical weapons by members 
of the Armed Forces unaware of the hazards to which they 
were exposed. 
(b) REPORT REQUIREMENT.—Not later than March 1, 1998, the 
Secretary of Defense shall submit to Congress a report that identi-
fies the specific actions that have been taken or are being taken 
to ensure that there is adequate coordination of access of command-
ers of the combatant commands and deployed units of the Armed 
Forces to intelligence collected and analyzed by the intelligence 
community. 
I l l STAT. 1866 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 933. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND 
GEOSPATIAL INFORMATION AND DATA. 
(a) PROTECTION OF INFORMATION ON CAPABILITIES.—Paragraph 
(1)(B) of section 455(b) of title 10, United States Code, is amended 
by inserting ", or capabilities," after "methods". 
(b) PRODUCTS PROTECTED.—(1) Paragraph (2) of such section 
is amended to read as follows: 
"(2) In this subsection, the term 'geodetic product' means 
imagery, imagery intelligence, or geospatial information.". 
(2) Section 467(4) of title 10, United States Code, is amended— 
(A) by inserting "and" at the end of subparagraph (A); 
(B) in subparagraph (B), by striking out "and geodetic 
data; and" and inserting in lieu thereof "geodetic data, and 
related products."; and 
(C) by striking out subparagraph (C). 
10 u s e 1501 
SEC. 934. POW/MIA INTELLIGENCE ANALYSIS. 
^°^^' 
(a) INTELLIGENCE ANALYSIS.—The Director of Central Intel-
ligence, in consultation with the Secretary of Defense, shall provide 
intelligence analysis on matters concerning prisoners of war and 
missing persons (as defined in chapter 76 of title 10, United States 
Code) to all departments and agencies of the Federal Government 
involved in such matters. 
(b) USE OF INTELLIGENCE IN ANALYSIS OF POW/MIA CASES 
IN 
DEPARTMENT OF DEFENSE.—The Secretary of Defense shall 
ensure that the Defense Prisoner of War/Missing Personnel Office 
of the Department of Defense takes into full account all intelligence 
regarding matters concerning of prisoners of war and missing per-
sons (as defined in chapter 76 of title 10, United States Code) 
in analyzing cases involving such persons. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authority for obhgation 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 lunds. 
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 Tor 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 oi 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. 
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. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1867 
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 Mex-
ico. 
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 
independent study organizations. 
Sec. 1082. Display of POW/MIA flag. 
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. 
I l l STAT. 1868 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 1998 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may not 
exceed $2,000,000,000. 
(b) LIMITATIONS.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
10 u s e 114 note. 
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the conference 
report on the bill H.R. 1119 of the One Hundred Fifth Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for such program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the smnex, within the executive branch 
of the Government. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1869 
SEC. 1003. AUTHORITY FOR OBLIGATION OF UNAUTHORIZED FISCAL 
YEAR 1997 DEFENSE APPROPRIATIONS. 
(a) AUTHORITY.—The amounts described in subsection (b) may 
be obligated and expended for programs, projects, and activities 
of the Department of Defense in accordance with fiscal year 1997 
defense appropriations. 
(b) COVERED AMOUNTS.—The amounts referred to in subsection 
(a) are the amounts provided for programs, projects, and activities 
of the Department of Defense in fiscal year 1997 defense appropria-
tions that are in excess of the amounts provided for such programs, 
projects, £ind activities in fiscal year 1997 defense authorizations. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) FISCAL YEAR 1997 DEFENSE APPROPRIATIONS.—The term 
"fiscal year 1997 defense appropriations" means amounts appro-
priated or otherwise made available to the Department of 
Defense for fiscal year 1997 in the Department of Defense 
Appropriations Act, 1997 (as contained in section 101(b) of 
Public Law 104-208). 
(2) FISCAL YEAR 1997 DEFENSE AUTHORIZATIONS.—The term 
"fiscal year 1997 defense authorizations" means amounts 
authorized to be appropriated for the Department of Defense 
for fiscal year 1997 in the National Defense Authorization 
Act for Fiscal Year 1997 (PubHc Law 104-201). 
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL 
A P P R O P R I A T I O N S FOR FISCAL YEAR 1997. 
Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 1997 in the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201) are hereby adjusted, 
with respect to any such authorized amount, by the amount by 
which appropriations pursuant to such authorization were increased 
(by a supplemental appropriation) or decreased (by a rescission), 
or both, in the 1997 Emergency Supplemental Appropriations Act 
for Recovery fi-om Natural Disasters, and for Overseas Peacekeeping 
Efforts, Including Those in Bosnia (Public Law 105-18). 
SEC. 1005. INCREASE IN FISCAL YEAR 1996 TRANSFER AUTHORITY. 
Section 1001(a)(2) of the National Defense Authorization Act 
for Fiscal Year 1996 (Pubhc Law 104-106; 100 Stat. 414) is amended 
by striking out "$2,000,000,000" and inserting in Heu thereof 
"$3,100,000,000". 
SEC. 
1006. REVISION OF AUTHORITY FOR FISHER HOUSE TRUST 
FUNDS. 
(a) CORRECTION TO ELIMINATE USE OF TERM ASSOCIATED WITH 
FUNDING AUTHORITIES.—Section 2221(c) of title 10, United States 
Code, is amended by striking out "or maintenance" each place 
it appears. 
(b) CORPUS OF AIR FORCE TRUST FUND.—The Secretary of the 
lo use 2221 
Air Force shall deposit in the Fisher House Trust Fund, Department note. 
of the Air Force, an amount that the Secretary determines appro-
priate to establish the corpus of the fund. 
SEC. 
1007. FLEXIBILITY IN FINANCING CLOSURE OF CERTAIN 
O U T S T A N D I N G CONTRACTS FOR WHICH A SMALL FINAL 
PAYMENT IS DUE. 
(a) CLOSURE OF OUTSTANDING CONTRACTS.—The Secretary of Applicability. 
Defense may make the final payment on a contract to which this 
I l l STAT. 1870 
PUBLIC LAW 105-85—NOV. 18, 1997 
section applies from the account established pursuant to subsection 
(d). 
Applicability. 
(b) COVERED CONTRACTS.—This section applies to any contract 
of the Department of Defense— 
(1) that was entered into before December 5, 1990; and 
(2) for which an unobligated balance of an appropriation 
that had been initially applied to the contract was canceled 
before December 5, 1990, pursuant to section 1552 of title 
31, United States Code, as in effect before that date. 
(c) AUTHORITY LIMITED TO SMALL FINAL PAYMENTS.—The Sec-
retary may use the authority provided by this section only for 
a contract for which the amount of the final payment due is not 
greater than the micro-purchase threshold (as defined in section 
32 of the Office of Federal Procurement PoHcy Act (41 U.S.C. 
428)). 
(d) ACCOUNT.—The Secretary may establish an account for 
the purposes of this section. The Secretary may from time to time 
transfer into the account, fi"om funds made available to the Depart-
ment of Defense for procurement or for research, development, 
test, and evaluation, such amounts as the Secretary determines 
to be needed for the purposes of the account, except that the 
total of such transfers may not exceed $1,000,000. Amounts in 
the account may be used only for the purposes of this section. 
(e) CLOSURE OF ACCOUNT.—When the Secretary determines 
that all contracts to which this section applies have been closed 
and there is no further need for the account established under 
subsection (d), the Secretary shall close the account. Any amounts 
remaining in the account shall be covered into the Treasury as 
miscellaneous receipts. 
SEC. 1008. BIEN>fIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN. 
(a) BIENNIAL PLAN.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding at the end the following new section: 
''§2222. Biennial financial management improvement plan 
"(a) BIENNIAL PLAN REQUIRED.—The Secretary of Defense shall 
submit to Congress a biennial strategic plan for the improvement 
of financial management within the Department of Defense. The 
plan shall be submitted not later than September 30 of each even-
numbered year. 
"(b) CONCEPT OF OPERATIONS.—Each plan under subsection 
(a) shall include a statement of the Secretary of Defense's concept 
of operations for the financial management of the Department of 
Defense. Each such statement shall be a clear description of the 
manner in which the Department's financial management oper-
ations are carried out or will be carried out under the improvements 
set forth in the plan under subsection (a), including identification 
of operations that must be performed. 
"(c) MATTERS TO BE ADDRESSED IN PLAN.—(1) Each plan under 
subsection (a) shall address all aspects of financial management 
within the Department of Defense, including the finance systems, 
accounting systems, and data feeder systems of the Department 
that support financial functions of the Department. 
"(2) For the purposes of paragraph (1), a data feeder system 
is an automated or manual system from which information is 
derived for a financial management system or an accounting sys-
tem.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1871 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2222. Biennial financial management improvement plan.". 
(b) ADDITIONAL CONTENT OF FIRST PLAN.—The first financial 
lo use 2222 
management improvement plan submitted under section 2222 of note. 
title 10, United States Code (as added by subsection (a)), shall 
include the following: 
(1) A description of the costs and benefits of integrating 
the various finance and accounting systems of the Department 
of Defense and reducing the total number of such systems, 
together with the Secretary's assessment of the feasibility of 
implementing such an integration. 
(2) Identification of problems with the accuracy of data 
included in the finance systems, accounting systems, and data 
feeder systems that support fingincial functions of the Depart-
ment of Defense, together with a description of the actions 
that the Secretary CEUI take to address those problems. 
(3) Identification of weaknesses in the internal controls 
of the systems referred to in paragraph (2), together with 
a description of the actions that the Secretary can take to 
address those weaknesses. 
(4) A description of actions that the Secretary can take 
to eliminate negative unliquidated obligations, unmatched 
disbursements, and in-transit disbursements and to avoid such 
obligations and disbursements in the future. 
(5) A description of the status of the efforts being under-
taken in the Department to consolidate and eliminate— 
(A) redundant or unneeded finance systems; and 
(B) redundant or unneeded accounting systems. 
(6) A description of efforts being undertaken to consolidate 
or eliminate redundant personnel data systems, acquisition 
data systems, asset accounting systems, time and attendance 
systems, and other data feeder systems of the Department. 
(7) A description of efforts being undertaken to integrate 
the data feeder systems of the Department with the finance 
and accoimting systems of the Department. 
(8) A description of problems with the organization or 
performance of tne Operating Locations and Service Centers 
of the Defense Finance and Accounting Service, together with 
a description of the actions the Secretary can take to address 
those problems. 
(9) A description of the costs and benefits of reorganizing 
the Operating Locations and Service Centers of the Defense 
Finance and Accounting Service according to function, together 
with the Secretary's assessment of the feasibility of carr3dng 
out such a reorganization. 
(10) A description of the costs and benefits of contracting 
for private-sector performance of specific functions currently 
performed by the Defense Finance and Accounting Service, 
together with the Secretar/s assessment of the feasibility of 
contracting for such performance. 
(11) A description of actions that can be taken to ensure 
that each comptroller position (and comparable position) in 
the Department of Defense, whether filled by a member of 
the Armed Forces or by a civilian employee, is held by a 
person who, by reason of education, technical competence, and 
I l l STAT. 1872 
PUBLIC LAW 105-85—NOV. 18, 1997 
10 use 2222 
note. 
10 use 2222 
note. 
10 use 10543 
note. 
experience, has the core competencies for financial manage-
ment. 
(12) A description of any other change in the financial 
management structure of the Department or revision of the 
financial processes and business practices of the Department 
that the Secretary considers necessary to improve financial 
management in the Department. 
(c) ADDITIONAL MATTERS.—For each of the problems and actions 
identified pursuant to paragraphs (1) through (12) of subsection 
(b) or in any other part of the plan covered by that subsection, 
the Secretary shall include statements of objectives, performance 
measures, and schedules and shall specify the individual and 
organizational responsibilities. 
(d) DEFINITION.—In subsection (b), the term "data feeder sys-
tem" has the meaning given that term in subsection (c)(2) of section 
2222 of title 10, United States Code, as added by subsection (a). 
SEC. 1009. ESTIMATES AND REQUESTS FOR PROCUREMENT AND MILI-
TARY CONSTRUCTION FOR THE RESERVE COMPONENTS. 
(a) DETAILED PRESENTATION IN FUTURE-YEARS DEFENSE PRO-
GRAM.—Section 10543 of title 10, United States Code, is amended— 
(1) by inserting "(a) IN GENERAL.—" before "The Secretary 
of Defense"; and 
(2) by adding at the end the following: 
"(b) ASSOCIATED ANNEXES.—The associated annexes of the 
future-years defense program shall specify, at the same level of 
detail as is set forth in the annexes for the active components, 
the amount requested for— 
"(1) procurement of each item of equipment to be procured 
for each reserve component; and 
"(2) each military construction project to be carried out 
for each reserve component, together with the location of the 
project. 
"(c) REPORT.—(1) If the aggregate of the amounts specified 
in paragraphs (1) and (2) of subsection (b) for a fiscal year is 
less than the amount equal to 90 percent of the average authorized 
amount applicable for that fiscal year under paragraph (2), the 
Secretary of Defense shall submit to Congress a report specif)dng 
for each reserve component the additional items of equipment that 
would be procured, and the additional military construction projects 
that would be carried out, if that aggregate amount were an amount 
equal to such average authorized amount. The report shall be 
at the same level of detail as is required by subsection (b). 
"(2) In this subsection, the term 'average authorized amount', 
with respect to a fiscal year, means the average o
f
— 
"(A) the aggregate of the amounts authorized to be appro-
priated for the preceding fiscal year for the procurement of 
items of equipment, and for military construction, for the 
reserve components; and 
"(B) the aggregate of the amounts authorized to be appro-
priated for the fiscal year preceding the fiscal year referred 
to in subparagraph (A) for the procurement of items of equip-
ment, and for military construction, for the reserve compo-
nents.". 
(b) PROHIBITION.—The level of detail provided for procurement 
and military construction in the future-years defense programs 
for fiscal years after fiscal year 1998 may not be less than the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1873 
level of detail provided for procurement and military construction 
in the future-years defense program for fiscal year 1998. 
SEC. 1010. SENSE OF CONGRESS REGARDING FUNDING FOR RESERVE 
COMPONENT 
MODERNIZATION NOT REQUESTED IN 
PRESIDENT'S BUDGET. 
(a) CRITERIA.—It is the sense of Congress that, to the maximum 
extent practicable, Congress should authorize appropriations for 
procurement of reserve component modernization equipment for 
a fiscal year for equipment that is not included in the budget 
of the President for that fiscal year only if— 
(1) there is a requirement for that equipment that has 
been validated by the Joint Requirements Oversight Council; 
(2) procurement of that equipment is included for reserve 
component modernization in the modernization plan of the 
military department concerned and is incorporated into the 
current future-years defense program; 
(3) procurement of that equipment is consistent with 
planned use of reserve component forces under Department 
of Defense war plans; and 
(4) funds for that procurement, if authorized and appro-
priated for that fiscal year, could be obligated during that 
fiscal year. 
(b) CONSIDERATION OF VIEWS OF CHAIRMAN OF JOINT CHIEFS 
OF STAFF.—It is further the sense of Congress that, in appl5dng 
the criteria set forth in subsection (a) with respect to procurement 
of reserve component modernization equipment. Congress should 
obtain the views of the Chairman of the Joint Chiefs of Staff 
on whether, under Department of Defense war plans, that equip-
ment is appropriate for procurement for, and assignment to, reserve 
component forces. 
SEC. 1011. MANAGEMENT OF WORKING-CAPITAL FUNDS. 
(a) 
CONTRACTING FOR CAPITAL ASSETS 
PROCUREMENT IN 
ADVANCE OF FUNDS.—Section 2208 of title 10, United States Code, 
is amended by striking out subsection (k) and inserting in lieu 
thereof the following new subsection: 
"(k)(l) Subject to paragraph (2), a contract for the procurement 
of a capital asset financed by a working-capital fund may be 
awarded in advance of the availability of funds in the working-
capital fund for the procurement. 
"(2) Paragraph (1) applies to any of the following capital assets 
that have a development or acquisition cost of not less than 
$100,000: 
"(A) An unspecified minor military construction project 
under section 2805(c)(1) of this title. 
"(B) Automatic data processing equipment or software. 
"(C) Any other equipment. 
"(D) Any other capital improvement.". 
(b) USE OF ADVANCE BILLING.—Such section is further amended 
by adding at the end the following new subsection: 
"(1)(1) An advance billing of a customer of a working-capital 
fund may be made if the Secretary of the military department 
concerned submits to Congress written notification of the advance 
billing within 30 days after the end of the month in which the 
advanced billing was made. The notification shall include the 
following: 
"(A) The reasons for the advance billing. 
I l l STAT. 1874 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(B) An analysis of the effects of the advance biHing on 
mihtary readiness. 
"(C) An analysis of the effects of the advance billing on 
the customer. 
"(2) The Secretary of Defense may waive the notification 
requirements of paragraph (1)— 
"(A) during a period war or national emergency; or 
"(B) to the extent that the Secretary determines necessary 
to support a contingency operation. 
"(3) In this subsection: 
"(A) The term 'advance billing', with respect to a working-
capital fund, means a billing of a customer by the fund, or 
a requirement for a customer to reimburse or otherwise credit 
the fund, for the cost of goods or services provided (or for 
other expenses incurred) on behalf of the customer that is 
rendered or imposed before the customer receives the goods 
or before the services have been performed. 
"(B) The term 'customer' means a requisitioning component 
or agency.". 
(c) FISCAL YEAR LIMITATIONS.—(1) The total amount of advance 
billings for Department of the Navy working-capital funds and 
the Defense Business Operations Fund may not exceed— 
(A) $1,000,000,000 for fiscal year 1998; and 
(B) $800,000,000 for fiscal year 1999. 
(2) For purposes of paragraph (1), the term "advance billing" 
has the meaning given such term in section 2208(1)(3) of title 
10, United States Code, as added by subsection (b). 
SEC. 1012. AUTHORITY OF SECRETARY OF DEFENSE TO SETTLE CLAIMS 
RELATING TO PAY, ALLOWANCES, AND OTHER BENEFITS. 
Section 3702(e) of title 31, United States Code, is amended— 
(1) in paragraph (1), by striking out "Comptroller General" 
and inserting in lieu thereof "Secretary of Defense"; and 
(2) by striking out paragraph (2) and inserting in lieu 
thereof the following new paragraph: 
"(2) Payment of a claim settled under paragraph (1) shall 
be made from an appropriation that is available, for the fiscal 
year in which the payment is made, for the same purpose as 
the appropriation to which the obligation claimed would have been 
charged if the obligation had been timely paid.". 
SEC. 1013. PAYMENT OF CLAIMS BY MEMBERS FOR LOSS OF PERSONAL 
PROPERTY DUE TO FLOODING IN RED RIVER BASIN. 
(a) PAYMENT AUTHORIZED.—Notwithstanding section 3721(e) of 
title 31, United States Code, the Secretary of a military department 
may pay the claim of a member of the Armed Forces who resided 
(or whose dependents resided) in the vicinity of Grand Forks Air 
Force Base, North Dakota, during April and May 1997 for loss 
and damage to personal property incurred by the member as a 
direct result of the flooding in the Red River Basin during such 
months. 
10 use 2731 
(b) REPORT ON DEPARTMENT POLICY.—The Secretary of Defense 
i^ote. 
shall submit to Congress a report describing the Department of 
Defense policy regarding the payment of a claim by a member 
of the Armed Forces who is not assigned to quarters of the United 
States for losses and damage to personal property of the member 
incurred at the member's residence as a result of a natural disaster. 
The report shall include a description of the number of such claims 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1875 
received over the past 10 years, the number of claims paid, and 
the number of claims rejected. If the Secretary determines the 
Department of Defense should modify its policy in order to accept 
additional claims by members who are not assigned to quarters 
of the United States for losses and damage to personal property, 
the Secretary shall also include in the report any legislative changes 
that the Secretary considers necessary to enable the Secretary 
to implement the policy change. 
SEC. 1014. ADVANCES FOR PAYMENT OF PUBLIC SERVICES. 
(a) IN GENERAL.—Subsection (a) of section 2396 of title 10, 
United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph 
(3) and inserting in lieu thereof"; £ind"; and 
(3) by adding at the end the following new paragraph: 
"(4) public service utilities.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
''§2396. Advances for payments for compliance with foreign 
laws, rent in foreign countries, tuition, public 
utility services, and pay and supplies of armed 
forces of friendly foreign countries'*. 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 141 of such title is amended to read 
as follows: 
"2396. Advances for payments for compliance with foreign laws, rent in foreign 
countries, tuition, public utility services, and pay and supplies of armed 
forces of friendly foreign countries.". 
SEC. 1015. UNITED STATES MAN AND THE BIOSPHERE PROGRAM 
LIMITATION. 
During fiscal year 1998, the Secretary of Defense may not 
take any steps to carry out or support the United States Man 
and the Biosphere Program or any related project. 
Subtitle B—^Naval Vessels and Shipyards 
SEC. 1021. PROCEDURES FOR SALE OF VESSELS STRICKEN FROM THE 
NAVAL VESSEL REGISTER. 
Section 7305(c) of title 10, United States Code, is amended 
to read as follows: 
"(c) PROCEDURES FOR SALE.—(1) A vessel stricken from the 
Naval Vessel Register and not subject to disposal under any other 
law may be sold under this section. 
"(2) In such a case, the Secretary may— 
"(A) sell the vessel to the highest acceptable bidder, regard-
less of the appraised value of the vessel, after publicly advertis-
ing the sale of the vessel for a period of not less than 30 
days; or 
"(B) subject to paragraph (3), sell the vessel by competitive 
negotiation to the acceptable offeror who submits the offer 
that is most advantageous to the United States (taking into 
account price and such other factors as the Secretary deter-
mines appropriate). 
I l l STAT. 1876 
PUBLIC LAW 105-85—NOV. 18, 1997 
Publication. 
"(3) Before entering into negotiations to sell a vessel under 
paragraph (2)(B), the Secretary shall publish notice of the intention 
to do so in the Commerce Business Daily sufficiently in advance 
of initiating the negotiations that all interested parties are given 
a reasonable opportunity to prepare and submit proposals. The 
Secretary shall afford an opportunity to participate in the negotia-
tions to all acceptable offerors submitting proposals that the Sec-
retary considers as having the potential to be the most advan-
tageous to the United States (taking into account price and such 
other factors as the Secretary determines appropriate).". 
SEC. 1022. AUTHORITY TO ENTER INTO A LONG-TERM CHARTER FOR 
A VESSEL IN SUPPORT OF THE SURVEILLANCE TOWED-
ARRAY SENSOR (SURTASS) PROGRAM. 
The Secretary of the Navy is authorized to enter into a contract 
in accordance with section 2401 of title 10, United States Code, 
for the charter, for a period through fiscal year 2003, of the vessel 
RV CORY CHOUEST (United States official number 933435) in 
support of the Surveillance Towed-Array Sensor (SURTASS) pro-
gram. 
SEC. 1023. TRANSFER OF TWO SPECIFIED OBSOLETE TUGBOATS OF 
THE ARMY. 
(a) AUTHORITY TO TRANSFER VESSELS.—The Secretary of the 
Army may transfer the two obsolete tugboats of the Army described 
in subsection (b) to the Brownsville Navigation District, Browns-
ville, Texas. 
(b) VESSELS COVERED.—Subsection (a) applies to the following 
two decommissioned tugboats of the Army, each of which is listed 
as of the date of the enactment of this Act as being surplus to 
the needs of the Army: the Normandy (LT-1971) and the Salerno 
(LT-1953). 
(c) TRANSFERS TO BE AT NO COST TO UNITED STATES.—A trans-
fer authorized by this section shall be made at no cost to the 
United States. 
(d) TERMS AND CONDITIONS.—The Secretary may require such 
additional terms and conditions in connection with the transfers 
authorized by this section as the Secretary considers appropriate. 
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). 
(a) REDUCTION IN CONGRESSIONAL REVIEW PERIOD.—In apply-
ing section 7306 of title 10, United States Code, with respect to 
the transfer of a vessel specified in subsection (c), subsection 
(d)(1)(B) of that section shall be applied by substituting "30 days" 
for "60 days". 
(b) WAIVER IF ONLY ONE QUALIFIED ENTITY APPLIES FOR TRANS-
FER OF VESSEL.—If in the case of a vessel specified in subsection 
(c) only a single qualified entity, as determined by the Secretary 
of the Navy, applies for transfer of the vessel, the Secretary may 
carry out the transfer of the vessel under section 7306 of title 
10, United States Code, without regard to subsection (d)(1)(B) of 
that section. In such a case, the transfer may be made only after 
10 days of continuous session of Congress (determined in the m£in-
ner specified in section 7306(d)(2) of title 10, United States Code) 
have expired following the date on which the Secretary submits 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1877 
to Congress a certification that only a single qualified entity applied 
for transfer of the vessel. 
(c) COVERED VESSELS.—This section applies to the following 
vessels (each of which is a decommissioned aircraft carrier): 
(1) Ex-U.S.S. HORNET (CV-12). 
(2) Ex-U.S.S. MIDWAY (CV-41). 
SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAD>I FOREIGN COUN-
TRIES. 
(a) AUTHORITY.—The Secretary of the Navy is authorized to 
transfer vessels to foreign countries on a sales basis under section 
21 of the Arms Export Control Act (22 U.S.C. 2761) as follows: 
(1) To the Government of Brazil, the HUNLEY class sub-
marine tender HOLLAND (AS 32). 
(2) To the Government of Chile, the KAISER class oiler 
ISHERWOOD (T-AO 191). 
(3) To the Government of Egypt: 
(A) The following frigates of the KNOX class: 
(i) The PAUL (FF 1080). 
(ii) The MILLER (FF 1091). 
(iii) The JESSE L. BROWN (FFT 1089). 
(iv) The MOINESTER (FFT 1097). 
(B) The following frigates of the OLIVER HAZARD 
PERRY class: 
(i) The FAHRION (FFG 22). 
(ii) The LEWIS B. PULLER (FFG 23). 
(4) To the Government of Israel, the NEWPORT class 
tank landing ship PEORIA (LST 1183). 
(5) To the Government of Malaysia, the NEWPORT class 
tank landing ship BARBOUR COUNTY (LST 1195). 
(6) To the Government of Mexico, the KNOX class frigate 
ROARK (FF 1053). 
(7) To the Taipei Economic and Cultural Representative 
Office in the United States (the Taiwan instrumentality that 
is designated pursuant to section 10(a) of the Taiwan Relations 
Act), the following frigates of the KNOX class: 
(A) The WHIPPLE (FF 1062). 
(B) The DOWNES (FF 1070). 
(8) To the Government of Thailand, the NEWPORT class 
tank landing ship SCHENECTADY (LST 1185). 
(b) COSTS OF TRANSFERS.—Any expense incurred by the United 
States in connection with a transfer authorized by subsection (a) 
shall be charged to the recipient. 
(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIP-
YARDS.—To the maximum extent practicable, the Secretary of the 
Navy shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, performed 
at a shipyard located in the United States, including a United 
States Navy shipyard. 
(d) EXPIRATION OF AUTHORITY.—The authority to transfer a 
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act. 
I l l STAT. 1878 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 1026. REPORTS RELATING TO EXPORT OF VESSELS THAT MAY 
CONTAIN POLYCHLORINATED BIPHENYLS. 
(a) REPORTS REQUIRED.—Not later than March 1, 1998, the 
Secretary of the Navy (with respect to the Navy), the Administrator 
of the Maritime Administration (with respect to the Maritime 
Administration), and the Administrator of the Environmental 
Protection Agency (with respect to the Environmental Protection 
Agency) shall each submit to Congress a report on the implementa-
tion of the agreement between the Department of the Navy and 
the Environmental Protection Agency that became effective August 
6, 1997, and that is titled "Export of Naval Vessels that May 
Contain Polychlorinated Biphenyls for Scrapping Outside the 
United States". 
(b) CONTENTS OF REPORTS.—The reports required by subsection 
(a) shall address, at a minimum, the following: 
(1) An assessment of the effects of the notification require-
ments regarding the export of vessels for scrapping, any impedi-
ments that those requirements may create for the export of 
vessels, and any changes to the agreement that may be required 
to address those impediments. 
(2) An explanation of the process by which it is determined 
which solid items containing polychlorinated biphenyls are 
readily removable and must be removed before the export of 
a vessel for scrapping, what t5rpes of polychlorinated biphenyls 
have been determined to be readily removable pursuant to 
this process, any impediments that such determinations may 
create for the export of vessels, and any changes to the agree-
ment that may be required to address those impediments or 
to ensure protection of human health and the environment. 
(c) AMENDMENTS RELATING TO DISPOSAL OF OBSOLETE VESSELS 
FROM THE NATIONAL DEFENSE RESERVE FLEET.—Section 6 of the 
National Maritime Heritage Act of 1994 (PubHc Law 103-451; 108 
Stat. 4776; 16 U.S.C. 5405) is amended— 
(1) in subsections (a)(1) and (b)(2)— 
(A) by inserting "or 510(i)" after "508"; and 
(B) by inserting "or 1160(i)" after "1158"; 
(2) in subsection (b)(2), by striking out "first 6" and insert-
ing in lieu thereof "first 8"; and 
(3) in subsection (c)(1)(A), by striking out "1999" and insert-
ing in lieu thereof "2001". 
SEC. 1027. CONVERSION OF DEFENSE CAPABILITY PRESERVATION 
AUTHORITY 
TO 
NAVY 
SHIPBUILDING 
CAPABILITY 
PRESERVATION AUTHORITY. 
(a) IN GENERAL.—(1) Chapter 633 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 7315. Preservation of Navy shipbuilding capability 
"(a) SHIPBUILDING CAPABILITY PRESERVATION AGREEMENTS.— 
The Secretary of the Navy may enter into an agreement, to be 
known as a 'shipbuilding capability preservation agreement', with 
a shipbuilder under which the cost reimbursement rules described 
in subsection (b) shall be applied to the shipbuilder under a Navy 
contract for the construction of a ship. Such an agreement may 
be entered into in any case in which the Secretary determines 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1879 
that the application of such cost reimbursement rules would facili-
tate the achievement of the policy objectives set forth in section 
2501(b) of this title. 
"(b) COST REIMBURSEMENT RULES.—The cost reimbursement 
rules applicable under an agreement entered into under subsection 
(a) are as follows: 
"(1) The Secretary of the Navy shall, in determining the 
reimbursement due a shipbuilder for its indirect costs of 
performing a contract for the construction of a ship for the 
Navy, allow the shipbuilder to allocate indirect costs to its 
private sector work only to the extent of the shipbuilder's 
allocable indirect private sector costs, subject to paragraph 
(3). 
"(2) For purposes of paragraph (1), the allocable indirect 
private sector costs of a shipbuilder are those costs of the 
shipbuilder that are equal to the sum of the following: 
"(A) The incremental indirect costs attributable to such 
work. 
"(B) The amount by which the revenue attributable 
to such private sector work exceeds the sum of— 
"(i) the direct costs attributable to such private 
sector work; and 
"(ii) the incremental indirect costs attributable to 
such private sector work. 
"(3) The total amount of allocable indirect private sector 
costs for a contract covered by the agreement may not exceed 
the amount of indirect costs that a shipbuilder would have 
allocated to its private sector work during the period covered 
by the agreement in accordance with the shipbuilder's estab-
lished accounting practices. 
"(c) AUTHORITY TO MODIFY COST REIMBURSEMENT RULES.— 
The cost reimbursement rules set forth in subsection (b) may be 
modified by the Secretary of the Navy for a particular agreement 
if the Secretary determines that modifications are appropriate to 
the particular situation to facilitate achievement of the policy set 
forth in section 2501(b) of this title. 
"(d) APPLICABILITY.—(1) An agreement entered into with a ship-
builder under subsection (a) shall apply to each of the following 
Navy contracts with the shipbuilder: 
"(A) A contract that is in effect on the date on which 
the agreement is entered into. 
"(B) A contract that is awarded during the term of the 
agreement. 
"(2) In a shipbuilding capability preservation 
agreement 
applicable to a shipbuilder, the Secretary may agree to apply the 
cost reimbursement rules set forth in subsection (b) to allocations 
of indirect costs to private sector work performed by the shipbuilder 
only with respect to costs that the shipbuilder incurred on or 
after the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1998 imder a contract between the ship-
builder and a private sector customer of the shipbuilder that became 
effective on or after January 26, 1996.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"7315. Preservation of Navy shipbuilding capability.". 
I l l STAT. 1880 
PUBLIC LAW 105-85—NOV. 18, 1997 
Regulations. 
lOlFSC 7315 
note. 
(b) IMPLEMENTATION.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of the Navy shall 
establish application procedures and procedures for expeditious 
consideration of shipbuilding capability preservation agreements 
as authorized by section 7315 of title 10, United States Code, 
as added by subsection (a). 
(c) REPORT.—Not later than February 15, 1998, the Secretary 
of the Navy shall submit to Congress a report on applications 
for shipbuilding capability preservation agreements under section 
7315 of title 10, United States Code, as added by subsection (a). 
The report shall specify the number of the applications received, 
the number of the applications approved, and a discussion of the 
reasons for disapproval of any application disapproved. 
(d) REPEAL OF SUPERSEDED PROVISION.—Section 808 
of 
the 
National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 393; 10 U.S.C. 2501 note) is repealed. 
Subtitle C—Counter-Drug Activities 
SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION 
AND COUNTER-DRUG ACTIVITIES. 
(a) RELATIONSHIP TO TRAINING AND READINESS.—Subsection 
(b) of section 112 of title 32, United States Code, is amended— 
(1) by inserting "(1)" before "Under regulations"; and 
(2) by adding at the end the following new paragraphs: 
"(2) To ensure that the use of units and personnel of the 
National Guard of a State pursuant to a State drug interdiction 
and counter-drug activities plan is not detrimental to the training 
and readiness of such units and personnel, the requirements of 
section 2012(d) of title 10 shall apply in determining the drug 
interdiction and counter-drug activities that units and personnel 
of the National Guard of a State may perform. 
"(3) Section 508 of this title, regarding the provision of assist-
ance to certain specified youth and charitable organizations, shall 
apply in any case in which a unit or member of the National 
Guard of a State is proposed to be used pursuant to a State 
drug interdiction and counter-drug activities plan to provide to 
an organization specified in subsection (d) of such section any 
of the services described in subsection (b) of such section or services 
regarding counter-drug education.". 
(b) ENGINEER-TYPE ACTIVITIES.—Subsection (c) of such section 
is amended— 
(1) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; and 
(2) by inserting after paragraph (3) the following new para-
graph: 
"(4) certify that any engineer-type activities (as defined 
by the Secretary of Defense) under the plan will be performed 
only by units and members of the National Guard;". 
(c) ANNUAL REPORT.—Such section is further amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) Iby inserting after subsection (f) the following new sub-
section: 
"(g) ANNUAL REPORT.—The Secretary of Defense shall submit 
to Congress an annual report regarding assistance provided and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1881 
activities carried out under this section during the preceding fiscal 
year. The report shall include the following: 
"(1) The number of members of the National Guard 
excluded under subsection (e) from the computation of end 
strengths. 
"(2) A description of the drug interdiction and counter-
drug activities conducted under State drug interdiction and 
counter-drug activities plans referred to in subsection (c) with 
funds provided under this section. 
"(3) An accounting of the amount of funds provided \o 
each State. 
"(4) A description of the effect on military training and 
readiness of using units and personnel of the National Guard 
to perform activities under the State drug interdiction and 
counter-drug activities plans.". 
(d) CONFORMING AMENDMENTS.—Subsection (e) of such section 
is amended— 
(1) by striking out "(1)" before "Members"; and 
(2) by striking out paragraph (2). 
SEC. 1032. AUTHORITY TO PROVTOE ADDITIONAL SUPPORT FOR 
COUNTER-DRUG ACTIVITIES OF MEXICO. 
(a) EXTENSION OF AUTHORITY; CONSULTATION OF SECRETARY 
OF STATE.—Subsection (a) of section 1031 of the National Defense 
Authorization Act for Fiscal Year 1997 (Pubhc Law 104-201; 110 
Stat. 2637), is amended— 
(1) by striking out "fiscal year 1997" and inserting in lieu 
thereof "fiscal years 1997 and 1998"; and 
(2) by inserting after the first sentence the following new 
sentence: "In providing support to the Government of Mexico 
under this section, the Secretary of Defense shall consult with 
the Secretary of State.". 
(b) EXTENSION OF AVAILABILITY OF FUNDS.—Subsection (d) of 
such section is amended— 
(1) by striking out "not more than" and inserting in lieu 
thereof "an amount not to exceed"; and 
(2) by adding at the end the following new sentences: 
"Funds made available for fiscal year 1997 under this sub-
section and unobligated by September 30, 1997, may be obli-
gated during fiscal year 1998. No funds are authorized to 
be appropriated for fiscal year 1998 for the provision of support 
under this section.". 
SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR 
COUNTER-DRUG ACTIVITIES OF PERU AND COLOMBIA. 
(a) AUTHORITY TO PROVIDE SUPPORT.—Subject to subsection 
(f), during fiscal years 1998 through 2002, the Secretary of Defense 
may provide either or both of the foreign governments named 
in subsection (b) with the support described in subsection (c) for 
the counter-drug activities of that government. In providing support 
to a government under this section, the Secretary of Defense shall 
consult with the Secretary of State. The support provided under 
the authority of this section shall be in addition to support provided 
to the governments under any other provision of law. 
(b) GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT.—The foreign 
governments eligible to receive counter-drug support under this 
section are as follows: 
(1) The Government of Peru. 
39-194 O - 97 - 26 : QL 3 Part 2 
I l l STAT. 1882 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) The Government of Colombia. 
(c) TYPES OF SUPPORT.—The authority under subsection (a) 
is limited to the provision of the following t3rpes of support to 
a government named in subsection (b): 
(1) The types of support specified in paragraphs (1), (2), 
and (3) of section 1031(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2637). 
(2) The transfer of riverine patrol boats. 
(3) The maintenance and repair of equipment of the govern-
ment that is used for counter-drug activities. 
(d) APPLICABILITY OF OTHER SUPPORT AUTHORITIES.—Except 
as otherwise provided in this section, the provisions of section 
1004 of the National Defense Authorization Act for Fiscal Year 
1991 (Pubhc Law 101-510; 10 U.S.C. 374 note) shall apply to 
the provision of support under this section. 
(e) FISCAL YEAR 1998 FUNDING; LIMITATION ON OBLIGATIONS.— 
(1) Of the amount authorized to be appropriated under section 
301(20) for drug interdiction and counter-drug activities, an amount 
not to exceed $9,000,000 shall be available for the provision of 
support under this section. 
(2) Amounts made available to carry out this section shall 
remain available until expended, except that the total amount obli-
gated and expended under this section may not exceed $20,000,000 
during any of the fiscal years 1999 through 2002. 
(f) CONDITION ON PROVISION OF SUPPORT.—(1) The Secretary 
of Defense may not obligate or expend funds during a fiscal year 
to provide support under this section to a government named in 
subsection (b) until the end of the 15-day period beginning on 
the date on which the Secretary submits to the congressional 
committees the written certification described in subsection (g) for 
that fiscal year. 
(2) In the case of the first fiscal year in which support is 
to be provided under this section to a government named in sub-
section (b), the obligation or expenditure of fiinds under this section 
to provide support to that government shall also be subject to 
the condition that— 
(A) the Secretary submit to the congressional committees 
the riverine counter-drug plan described in subsection (h); and 
(B) a period of 60 days expires after the date on which 
the report is submitted. 
(3) In the case of subsequent fiscal years in which support 
is to be provided under this section to a government named in 
subsection (b), the obligation or expenditure of funds under this 
section to provide support to that government shall also be subject 
to the condition that the Secretary submit to the congressional 
committees any revision of the counter-drug plan described in sub-
section (h) applicable to that government. 
(4) For purposes of this subsection, the term "congressional 
committees" means the following: 
(A) The Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
(B) The Committee on National Security and the Commit-
tee on International Relations of the House of Representatives. 
(g) 
REQUIRED 
CERTIFICATION.—The 
written 
certification 
required by subsection (f)(1) for a fiscal year is a certification 
of the following with respect to each government to receive support 
under this section: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1883 
(1) That the provision of the support to the government 
will not adversely affect the military preparedness of the United 
States Armed Forces. 
(2) That the equipment and materiel provided as support 
will be used only by officials and employees of the government 
who have undergone background investigations by that govern-
ment and have been approved by that government to perform 
counter-drug activities on the basis of the background investiga-
tions. 
(3) That the government has certified to the Secretary 
of Defense that— 
(A) the equipment and materiel provided as support 
will be used only by the officials and employees referred 
to in paragraph (2); 
(B) none of the equipment or materiel will be trans-
ferred (by sale, gift, or otherwise) to any person or entity 
not authorized by the United States to receive the equip-
ment or materiel; and 
(C) the equipment and materiel will be used only for 
the purposes intended by the United States Government. 
(4) That the government has implemented, to the satisfac-
tion of the Secretary of Defense, a system that will provide 
an accounting and inventory of the equipment and materiel 
provided as support. 
(5) That the departments, agencies, and instrumentalities 
of the government will grant United States Government person-
nel access to any of the equipment or materiel provided as 
support, or to any of the records relating to such equipment 
or materiel, under terms and conditions similar to the terms 
and conditions imposed with respect to such access under sec-
tion 505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2314(a)(3)). 
(6) That the government will provide security with respect 
to the equipment and materiel provided as support that is 
substantially the same degree of security that the United States 
Government would provide with respect to such equipment 
and materiel. 
(7) That the government will permit continuous observation 
and review by United States Government personnel of the 
use of the equipment and materiel provided as support under 
terms and conditions similar to the terms and conditions 
imposed with respect to such observation and review under 
section 505(a)(3) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2314(a)(3)). 
(h) RIVERINE COUNTER-DRUG PLAN.—The Secretary of Defense, 
in consultation with the Secretary of State, shall prepare for fiscal 
year 1998 (and revise as necessary for subsequent fiscal years) 
a riverine counter-drug plan involving the governments named in 
subsection (b) to which support will be provided under this section. 
The plan for a fiscal year shall include the following with respect 
to each government to receive support under this section: 
(1) A detailed security assessment, including a discussion 
of the threat posed by illicit drug traffickers in the foreign 
country. 
(2) An evaluation of previous and ongoing riverine counter-
drug operations by the government. 
I l l STAT. 1884 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) An assessment of the monitoring of past and current 
assistance provided by the United States under this section 
to the government to ensure the appropriate use of such assist-
ance. 
(4) A description of the centralized management and 
coordination among Federal agencies involved in the develop-
ment and implementation of the plan. 
(5) A description of the roles and missions and coordination 
among agencies of the government involved in the development 
and implementation of the plan. 
(6) A description of the resources to be contributed by 
the Department of Defense and the Department of State for 
the fiscal year or years covered by the plan and the manner 
in which such resources will be utilized under the plan. 
(7) For the first fiscal year in which support is to be 
provided under this section, a schedule for establishing a 
riverine counter-drug program that can be sustained by the 
government within five years, and for subsequent fiscal years, 
a description of the progress made in establishing and carr)dng 
out the program. 
(8) A reporting system to measure the effectiveness of 
the riverine counter-drug program. 
(9) A detailed discussion of how the riverine counter-drug 
program supports the national drug control strategy of the 
United States. 
21 use 1505a. 
SEC. 1034. ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT 
OF NARCOTICS DETECTION TECHNOLOGIES. 
(a) REPORT REQUIREMENT.—Not later than December 1st of 
each year, the Director of the Office of National Drug Control 
Policy shall submit to Congress and the President a report on 
the development and deplo3mient of narcotics detection technologies 
by Federal agencies. Each such report shall be prepared in consulta-
tion with the Secretary of Defense, the Secretary of State, the 
Secretary of Transportation, and the Secretary of the Treasury. 
(b) MATTERS TO BE INCLUDED.—Each report under subsection 
(a) shall include— 
(1) a description of each project implemented by a Federal 
agency relating to the development or deployment of narcotics 
detection technology; 
(2) the agency responsible for each project described in 
paragraph (1); 
(3) the amount of funds obligated or expended to carry 
out each project described in paragraph (1) during the fiscal 
year in which the report is submitted or during any fiscal 
year preceding the fiscal year in which the report is submitted; 
(4) the amount of funds estimated to be obligated or 
expended for each project described in paragraph (1) during 
any fiscal year after the fiscal year in which the report is 
submitted to Congress; and 
(5) a detailed timeline for implementation of each project 
described in paragraph (1). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1885 
Subtitle D—^Miscellaneous Report 
Requirements and Repeals 
SEC. 1041. REPEAL OF MISCELLANEOUS REPORTING REQUIREMENTS. 
(a) REQUIREMENT FOR NOTICE OF CONVERSION OF CERTAIN 
HEATING SYSTEMS AT INSTALLATIONS IN EUROPE.—Section 2690(b) 
of title 10, United States Code, is amended by striking out "unless 
the Secretary—" and all that follows and inserting in lieu 
thereof the following: "unless the Secretary determines that the 
conversion— 
"(1) is required by the government of the country in which 
the facility is located; or 
"(2) is cost-effective over the life cycle of the facility.", 
(b) 
REPORT 
ON AVAILABILITY 
OF SUITABLE 
ALTERNATIVE 
HOUSING.—Section 2823 of title 10, United States Code, is 
amended— 
(1) by striking out subsection (b); and 
(2) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(c) REPORT ON STRETCHOUT OF MAJOR DEFENSE ACQUISITION 
PROGRAMS.—Section 117 of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1933; 10 U.S.C. 
2431 note), is repealed. 
(d) ELIMINATION OF REQUIREMENT FOR QUARTERLY REPORT 
CONCERNING TRAVEL FUNDING FOR CHEMICAL DEMILITARIZATION 
CITIZENS' ADVISORY COMMISSIONERS.—(1) Section 1412(g) of the 
National Defense Authorization Act for Fiscal Year 1986 (50 U.S.C. 
1521(g)) is amended— 
(A) by striking out paragraph (3); 
(B) by striking out the last sentence of paragraph (4); 
and 
(C) by redesignating pgiragraph (4) (as so amended) as 
paragraph (3). 
(2) Section 153(b) of the National Defense Authorization Act 
for Fiscal Year 1996 (50 U.S.C. 1521 note) is amended— 
50 USC 1521. 
(A) by striking out "QUARTERLY" in the heading; and 
(B) by striking out paragraphs (4) and (5). 
SEC. 1042. STUDY OF TRANSFER OF MODULAR AIRBORNE FIRE FIGHT-
ING SYSTEM. 
Not later than six months after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with the 
Secretary of Agriculture, shall submit to Congress a report evaluat-
ing the feasibility of transferring jurisdiction over units of the 
Modular Airborne Fire Fighting System from the Department of 
Agriculture to the Department of Defense. 
SEC. 1043. OVERSEAS INFRASTRUCTURE REQUIREMENTS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) United States military forces have been withdrawn 
from the Philippines. 
(2) United States military forces are to be withdrawn from 
Panama by 2000. 
(3) There continues to be local opposition to the continued 
presence of United States military forces in Okinawa. 
I l l STAT. 1886 
PUBLIC LAW 105-85—NOV. 18, 1997 
(4) The Quadrennial Defense Review lists "the loss of U.S. 
access to critical facilities and lines of communication in key 
regions" as one of the so-called "wild card" scenarios covered 
in the review. 
(5) The National Defense Panel states that "U.S. forces' 
long-term access to forward bases, to include air bases, ports, 
and logistics facilities, cannot be assumed". 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should develop alternatives to the current 
arrangement for forward basing of the Armed Forces outside 
the United States, including alternatives to the existing infra-
structure for forward basing of forces and alternatives to the 
existing international agreements that provide for basing of 
United States forces in foreign countries; and 
(2) because the Pacific Rim continues to emerge as a region 
of significant economic and military importance to the United 
States, a continued presence of the Armed Forces in that region 
is vital to the capability of the United States to timely protect 
its interests in the region. 
(c) REPORT REQUIRED.—Not later than March 31, 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 overseas infrastruc-
ture requirements of the Armed Forces. 
(d) CONTENT.—The report shall contain the following: 
(1) The quantity and t)rpes offerees that the United States 
must station in each region of the world in order to support 
the current national military strategy of the United States. 
(2) The quantity and t)rpes of forces that the United States 
will need to station in each region of the world in order to 
meet the expected or potential future threats to the national 
security interests of the United States. 
(3) The requirements for access to, and use of, air space 
and ground maneuver areas in each such region for training 
for the quantity and types of forces identified for the region 
pursuant to paragraphs (1) and (2). 
(4) A list of the international agreements, currently in 
force, that the United States has entered into with foreign 
countries regarding the basing of United States forces in those 
countries and the dates on which the agreements expire. 
(5) A discussion of any anticipated political opposition or 
other opposition to the renewal of any of those international 
agreements. 
(6) A discussion of future overseas basing requirements 
for United States forces, taking into account expected changes 
in national security strategy, national security environment, 
and weapons systems. 
(7) The expected costs of maintaining the overseas infra-
structure for foreign based forces of the United States, including 
the costs of constructing any new facilities that will be nec-
essary overseas to meet emerging requirements relating to 
the national security interests of the United States. 
(e) FORM OF REPORT.—The report may be submitted in a classi-
fied or unclassified form. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1887 
SEC. 1044. ADDITIONAL MATTERS FOR ANNUAL REPORT ON ACTIVI-
TIES OF THE GENERAL ACCOUNTING OFFICE. 
Section 719(b) of title 31, United States Code, is amended 
by adding at the end the following: 
"(3) The report under subsection (a) shall also include a state-
ment of the staff hours and estimated cost of work performed 
on audits, evaluations, investigations, and related work during each 
of the three fiscal years preceding the fiscal year in which the 
report is submitted, stated separately for each division of the Gen-
eral Accounting Office by category as follows: 
"(A) A category for work requested by the chairman of 
a committee of Congress, the chairman of a subcommittee of 
such a committee, or any other Member of Congress. 
"(B) A category for work required by law to be performed 
by the Comptroller General. 
"(C) A category for work initiated by the Comptroller Gen-
eral in the performance of the Comptroller General's general 
responsibilities.". 
SEC. 1045. EYE SAFETY AT SMALL ARMS FIRING RANGES. 
(a) ACTIONS REQUIRED.—The Secretary of the Defense shall— 
(1) conduct a study of eye safety at small arms firing 
ranges of the Armed Forces; and 
(2) develop for the use of the Armed Forces a protocol 
for reporting eye injuries incurred in small arms firing activities 
at the ranges. 
(b) AGENCY TASKING.—The Secretary may delegate authority 
to carry out the responsibilities set forth in subsection (a) to the 
United States Army Center for Health Promotion and Preventive 
Medicine or any other element of the Department of Defense that 
the Secretary considers well qualified to carry out those responsibil-
ities. 
(c) CONTENT OF STUDY.—The study under subsection (a)(1) 
shall include the following: 
(1) An evaluation of the existing policies, procedures, and 
practices of the Armed Forces regarding medical surveillance 
of eye injuries resulting from weapons fire at the small arms 
ranges. 
(2) An examination of the existing policies, procedures, 
and practices of the Armed Forces regarding reporting on vision 
safety issues resulting from weapons fire at the small arms 
ranges. 
(3) Determination of rates of eye injuries, and trends in 
eye injuries, resulting from weapons fire at the small arms 
ranges. 
(4) An evaluation of the costs and benefits of a requirement 
for use of eye protection devices by all personnel firing small 
arms at the ranges. 
(d) REPORT.—The Secretary shall submit a report on the activi-
ties required under this section to the Committees on Armed Serv-
ices and on Veterans' Affairs of the Senate and the Committees 
on National Security and on Veterans' Affairs of the House of 
Representatives. The report shall include— 
(1) the findings resulting from the study under paragraph 
(1) of subsection (a); and 
(2) the protocol developed under paragraph (2) of such 
subsection. 
I l l STAT. 1888 
PUBLIC LAW 105-85—NOV. 18, 1997 
(e) SCHEDULE.—(1) The Secretary shall ensure that the study 
is commenced not later than January 1, 1998, and is completed 
not later than six months after the date on which it is commenced. 
(2) The Secretary shall submit the report required under sub-
section (d) not later than 30 days after the completion of the 
study. 
SEC. 1046. REPORTS ON DEPARTMENT OF DEFENSE PROCEDURES FOR 
INVESTIGATING MILITARY AVIATION ACCIDENTS AND 
FOR NOTIFYING AND ASSISTING FAMILIES OF VICTIMS. 
(a) REPORT ON AVIATION ACCIDENT INVESTIGATION PROCE-
DURES.—Not later than February 1, 1998, the Secretary of Defense 
shall submit to Congress a report on the advisability of establishing 
a process for investigating Department of Defense aviation accidents 
that combines accident investigation with safety investigation into 
a single, public investigation process, similar to the accident inves-
tigation process of the National Transportation Safety Board. The 
report shall include a discussion of the advantages and disadvan-
tages of adopting such an investigation process. 
(b) REPORT ON FAMILY ASSISTANCE.—Not later than April 2, 
1998, the Secretary of Defense shall submit to Congress a report 
on assistance provided by the Department of Defense to families 
of casualties among military and civilian personnel of the depart-
ment in the case of aviation accidents involving such personnel. 
The report shall include— 
(1) a discussion of the adequacy £ind effectiveness of the 
family notification procedures of the Department of Defense, 
including the procedures of the military departments; and 
(2) a description of the assistance provided to members 
of the families of such personnel. 
(c) REPORT BY DEPARTMENT OF DEFENSE INSPECTOR GENERAL.— 
Not later than December 1, 1997, the Inspector General of the 
Department of Defense shall review the procedures of the Federal 
Aviation Administration and the National Transportation Safety 
Board for providing information and assistance to members of fami-
lies of casualties of nonmilitary aviation accidents and shall submit 
to Congress a report on the review. The report shall include a 
discussion of the following: 
(1) Designation of an experienced non-profit organization 
to provide assistance in meeting the needs of families of 
accident casualties. 
(2) An assessment of the system and procedures for 
providing families with information on accidents and accident 
investigations. 
(3) Protection of members of families from unwanted solici-
tations relating to the accident. 
(4) A recommendation regarding whether the procedures 
reviewed (including the matters discussed under paragraphs 
(1), (2), and (3)) or similar procedures should be adopted by 
the Department of Defense for use by the Department in provid-
ing information and assistance to members of families of casual-
ties of military aviation accidents and, if the recommendation 
is not to adopt such procedures, a detailed justification for 
the recommendation. 
(d) UNCLASSIFIED FORM OF REPORTS.—The reports under this 
section shall be submitted in unclassified form. 
^%v*V 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1889 
Subtitle E—Matters Relating to Terrorism 
SEC. 1051. OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM 
31 USC 1113 
ACTIVITIES; REPORT. 
note. 
(a) 
OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM 
ACTIVITIES.—Not later than 120 days after the date of the enact-
ment of this Act, the Director of the Office of Mginagement and 
Budget shall— 
(1) establish a reporting system for executive agencies with 
respect to the budget and expenditure of funds by such agencies 
for 
the 
purpose 
of carrying 
out 
counterterrorism 
and 
antiterrorism programs and activities; and 
(2) using such reporting system, collect information on— 
(A) the budget and expenditure of funds by executive 
agencies during the current fiscal year for purposes of 
carrying out counterterrorism and antiterrorism programs 
and activities; and 
(B) the specific programs and activities for which such 
funds were expended. 
(b) REPORT.—Not later that March 1 of each year, the President 
President. 
shall submit to Congress a report in classified and unclassified 
form (using the information described in subsection (a)(2)) describ-
ing, for each executive agency and for the executive branch as 
a whole, the following: 
(1) 
The 
amounts 
proposed 
to 
be 
expended 
for 
counterterrorism and antiterrorism programs and activities for 
the fiscal year beginning in the calendar year in which the 
report is submitted. 
(2) 
The 
amounts 
proposed 
to 
be 
expended 
for 
counterterrorism and antiterrorism programs and activities for 
the fiscal year in which the report is submitted and the amounts 
that have already been expended for such programs and activi-
ties for that fiscal year. 
(3) The specific counterterrorism and antiterrorism pro-
grams and activities being implemented, any priorities with 
respect to such programs and activities, and whether there 
has been any duplication of efforts in implementing such pro-
grams and activities. 
SEC. 1052. PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT 
10 USC 113 note. 
FOR ARMED FORCES PERSONNEL ENGAGED IN PEACE 
OPERATIONS; REPORT ON ANTITERRORISM ACTIVITIES 
AND PROTECTION OF PERSONNEL. 
(a) PROTECTION OF PERSONNEL.—The Secretary of Defense shall 
take appropriate actions to ensure that units of the Armed Forces 
engaged in a peace operation are provided adequate troop protection 
equipment for that operation. 
(b) SPECIFIC ACTIONS.—In taking actions under subsection (a), 
the Secretary shall— 
(1) identify the additional troop protection equipment, if 
any, required to equip a division (or the equivalent of a division) 
with adequate troop protection equipment for peace operations; 
and 
(2) establish procedures to facilitate the exchange or trans- Regulations. 
fer of troop protection equipment among units of the Armed 
Forces. 
I l l STAT. 1890 
PUBLIC LAW 105-85—NOV. 18, 1997 
(c) DESIGNATION OF RESPONSIBLE OFFICIAL.—The Secretary of 
Defense shall designate an official within the Department of Defense 
to be responsible for— 
(1) ensuring the appropriate allocation of troop protection 
equipment among the units of the Armed Forces engaged in 
peace operations; and 
(2) monitoring the availability, status or condition, and 
location of such equipment. 
(d) TROOP PROTECTION EQUIPMENT DEFINED.—In this section, 
the term "troop protection equipment" means the equipment 
required by units of the Armed Forces to defend against any hostile 
threat that is likely during a peace operation, including an attack 
by a hostile crowd, small arms fire, mines, and a terrorist bombing 
attack. 
(e) REPORT ON ANTITERRORISM ACTIVITIES OF THE DEPARTMENT 
OF DEFENSE AND PROTECTION OF PERSONNEL.—Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report, in classified and 
unclassified form, on antiterrorism activities of the Department 
of Defense and the actions t2iken by the Secretary under subsections 
(a), (b), and (c). The report shall include the following: 
(1) A description of the programs designed to carry out 
antiterrorism activities of the Department of Defense, any defi-
ciencies in those programs, and any actions teiken by the Sec-
retary to improve implementation of such programs. 
(2) An assessment of the current policies and practices 
of the Department of Defense with respect to the protection 
of members of the Armed Forces overseas against terrorist 
attack, including any modifications to such policies or practices 
that are proposed or implemented as a result of the assessment. 
(3) An assessment of the procedures of the Department 
of Defense for determining accountability, if any, in the com-
mand structure of the Armed Forces in instances in which 
a terrorist attack results in the loss of life at an overseas 
military installation or facility. 
(4) A detailed description of the roles of the Office of 
the Secretary of Defense, the Chairman of the Joint Chiefs 
of Staff, the Secretaries of the military departments, and the 
combatant commanders in providing guidance and support with 
respect to the protection of members of the Armed Forces 
deployed overseas against terrorist attack (both before and 
after the November 1995 bombing in Riyadh, Saudi Arabia) 
and how these roles have changed since the June 25, 1996, 
terrorist bombing at Khobar Towers in Dhahran, Saudi Arabia. 
(5) A description of the actions taken by the Secretary 
of Defense under subsections (a), (b), and (c) to provide adequate 
troop protection equipment for units of the Armed Forces 
engaged in a peace operation. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1891 
Subtitle F—Matters Relating to Defense 
Property 
SEC. 1061. LEASE OF NON-EXCESS PERSONAL PROPERTY OF MILITARY 
DEPARTMENTS. 
(a) RECEIPT OF FAIR MARKET VALUE.—Subsection (b)(4) of sec-
tion 2667 of title 10, United States Code, is amended by striking 
out", in the case of the lease of real property,". 
(b) 
COMPETITIVE 
SELECTION.—Such 
section 
is 
further 
amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section: 
"(g)(1) If a proposed lease under subsection (a) involves only 
personal property, the lease term exceeds one year, and the fair 
market value of the lease interest exceeds $100,000, as determined 
by the Secretary concerned, the Secretary shall use competitive 
procedures to select the lessee. 
"(2) Not later than 45 days before entering into a lease described Notice. 
in paragraph (1), the Secretary concerned shall submit to Congress 
written notice describing the terms of the proposed lease and the 
competitive procedures used to select the lessee.". 
(c) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
''§2667. Leases: non-excess property of military depart-
ments". 
(2) The table of sections at the beginning of chapter 159 of 
title 10, United States Code, is amended by striking out the item 
relating to section 2667 and inserting in lieu thereof the following 
new item: 
"2667. Leases: non-excess property of military departments.". 
(d) CONFORMING AMENDMENT.—Section 2490a(f)(2) of title 10, 
United States Code, is amended by striking out "section 2667(g)" 
and inserting in lieu thereof "section 2667(h)". 
SEC. 1062. LEASE OF NON-EXCESS PROPERTY OF DEFENSE AGENCIES. 
(a) LEASE AUTHORITY.—Chapter 159 of title 10, United States 
Code, is amended by inserting after section 2667 the following 
new section: 
*
*
§ 2667a. Leases: non-excess property of Defense agencies 
"(a) LEASE AUTHORITY.—Whenever the Secretary of Defense 
considers it advantageous to the United States, the Secretary may 
lease to such lessee and upon such terms as the Secretary considers 
will promote the national defense or to be in the public interest, 
personal property that is— 
"(1) under the control of a Defense agency; 
"(2) not for the time needed for public use; and 
"(3) not excess property, as defined by section 3 of the 
Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 472). 
"(b) LIMITATION, TERMS, AND CONDITIONS.—A lease under sub-
section (a)— 
I l l STAT. 1892 
PUBLIC LAW 105-85—NOV. 18, 1997 
Notice. 
"(1) may not be for more than five years unless the Sec-
retary of Defense determines that a lease for a longer period 
will promote the national defense or be in the public interest; 
"(2) may give the lessee the first right to buy the property 
if the lease is revoked to allow the United States to sell the 
property under any other provision of law; 
"(3) shall permit the Secretary to revoke the lease at any 
time, unless the Secretary determines that the omission of 
such a provision will promote the national defense or be in 
the public interest; 
"(4) shall provide for the payment (in cash or in kind) 
by the lessee of consideration in an amount that is not less 
than the fair market value of the lease interest, as determined 
by the Secretary; and 
"(5) may provide, notwithstanding any other provision of 
law, for the improvement, maintenance, protection, repair, res-
toration, or replacement by the lessee, of the property leased 
as the payment of part or all of the consideration for the 
lease. 
"(c) COMPETITIVE SELECTION.—(1) If the term of a proposed 
lease under subsection (a) exceeds one year and the fair market 
value of the lease interest exceeds $100,000, as determined by 
the Secretary of Defense, the Secretary shall use competitive proce-
dures to select the lessee. 
"(2) Not later than 45 days before entering into a lease described 
in paragraph (1), the Secretary shall submit to Congress a written 
notice describing the terms of the proposed lease and the competi-
tive procedures used to select the lessee. 
"(d) DISPOSITION OF MONEY RENT.—Money rentals received 
pursuant to a lease entered into by the Secretary of Defense under 
subsection (a) shall be deposited in a special account in the Treasury 
established for the Defense agency whose property is subject to 
the lease. Amounts in a Defense agency's special account shall 
be available, to the extent provided in appropriations Acts, solely 
for the maintenance, repair, restoration, or replacement of the 
leased property.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2667 the following new item: 
"2667a. Leases: non-excess property of Defense agencies.". 
SEC. 1063. DONATION OF EXCESS CHAPEL PROPERTY TO CHURCHES 
DAMAGED OR DESTROYED BY ARSON OR OTHER ACTS 
OF TERRORISM. 
(a) AUTHORITY TO DONATE.—Chapter 153 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
*'§ 2580. Donation of excess chapel property 
"(a) AUTHORITY TO DONATE.—The Secretary of a military 
department may donate personal property specified in subsection 
(b) to an organization described in section 501(c)(3) of the Internal 
Revenue Code of 1986 that is a religious organization in order 
to assist the organization in restoring or replacing property of 
the organization that has been damaged or destroyed as a result 
of an act of arson or terrorism, as determined pursuant to proce-
dures prescribed by the Secretary of Defense. 
;^i^-;, 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1893 
"(b) PROPERTY COVERED.—(1) The property authorized to be 
donated under subsection (a) is furniture and other personal prop-
erty that— 
"(A) is in, or was formerly in, a chapel under the jurisdiction 
of the Secretary of a military department and closed or being 
closed; and 
"(B) is determined by the Secretary to be excess to the 
requirements of the armed forces. 
"(2) No real property may be donated under this section. 
"(c) DONEES NOT TO B E CHARGED.—No charge may be imposed 
by the Secretary of a military department on a donee of property 
under this section in connection with the donation. However, the 
donee shall agree to defray any expense for shipping or other 
transportation of property donated under this section from the 
location of the property when donated to any other location.". 
(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: 
"2580. Donation of excess chapel property.". 
SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING 
DISPOSAL OF ASSETS UNDER COOPERATIVE 
AGREE-
MENTS ON AIR DEFENSE IN CENTRAL EUROPE. 
(a) GENERAL AUTHORITIES.—The Secretary of Defense, pursuant 
to an amendment or amendments to the European air defense 
agreements, may dispose of any defense articles owned by the 
United States and acquired to carry out such agreements by provid-
ing such articles to the Federal Republic of Germany. In carrying 
out such disposal, the Secretary— 
(1) may provide without monetary charge to the Federal 
Republic of Germany articles specified in the agreements; and 
(2) may accept from the Federal Republic of Germany (in 
exchange for the articles provided under paragraph (1)) articles, 
services, or any other consideration, as determined appropriate 
by the Secretary. 
(b) DEFINITION OF EUROPEAN AIR DEFENSE AGREEMENTS.—For 
the purposes of this section, the term "European air defense agree-
ments" means— 
(1) the agreement entitled "Agreement between the Sec-
retary of Defense of the United States of America and the 
Minister of Defense of the Federal Republic of Germany on 
Cooperative Measures for Enhancing Air Defense for Central 
Europe", signed on December 6, 1983; and 
(2) the agreement entitled "Agreement between the Sec-
retary of Defense of the United States of America and the 
Minister of Defense of the Federal Republic of Germany in 
implementation of the 6 December 1983 Agreement on Coopera-
tive Measures for Enhancing Air Defense for Central Europe", 
signed on July 12, 1984. 
SEC. 1065. SALE OF EXCESS, OBSOLETE, OR UNSERVICEABLE AMMUNI-
TION AND AMaiUNTTION COMPONENTS. 
(a) AUTHORITY.—(1) Chapter 443 of title 10, United States 
Code, is amended by adding at the end the following new section: 
I l l STAT. 1894 
PUBLIC LAW 105-85—NOV. 18, 1997 
Regulations. 
"§ 4687. Sale of excess, obsolete, or unserviceable ammunition 
and ammunition components 
"(a) AUTHORITY TO SELL OUTSIDE DOD.—The Secretary of the 
Army may sell to an eligible purchaser described in subsection 
(c) ammunition or ammunition components that are excess, obsolete, 
or unserviceable and have not been demilitarized if— 
"(1) the purchaser enters into an agreement, in advance, 
with the Secretary— 
"(A) to demilitarize the ammunition or components; 
and 
"(B) to reclaim, recycle, or reuse the component parts 
or materials; or 
"(2) the Secretary, or an official of the Department of 
the Army designated by the Secretary, approves the use of 
the ammunition or components proposed by the purchaser as 
being consistent with the public interest. 
"(b) METHOD OF SALE.—The Secretary shall use competitive 
procedures to sell ammunition £md ammunition components under 
this section, except that the Secretary may use procedures other 
than competitive procedures in any case in which the Secretary 
determines that there is only one potential buyer of the items 
being offered for sale. 
"(c) ELIGIBLE PURCHASERS.—To be eligible to purchase excess, 
obsolete, or unserviceable ammunition or ammunition components 
under this section, the purchaser shall be a licensed manufacturer 
(as defined in section 921(10) of title 18) that, as determined by 
the Secretary, has a capability to modify, reclaim, transport, and 
either store or sell the ammunition or ammunition components 
sought to be purchased. 
"(d) HOLD HARMLESS AGREEMENT.—The Secretary shall require 
a purchaser of ammunition or ammunition components under this 
section to agree to hold harmless and indemnify the United States 
from any claim for damages for death, injury, or other loss resulting 
from a use of the ammunition or ammunition components, except 
in a case of willful misconduct or gross negligence of a representa-
tive of the United States. 
"(e) VERIFICATION OF DEMILITARIZATION.—The Secretary shall 
establish procedures for ensuring that a purchaser of ammunition 
or ammunition components under this section demilitarizes the 
ammunition or ammunition components in accordance with any 
agreement to do so imder subsection (a)(1). The procedures shall 
include onsite verification of demilitarization activities. 
"(f) CONSIDERATION.—The Secretary may accept ammunition, 
ammunition components, or ammunition demilitarization services 
as consideration for ammunition or ammunition components sold 
under this section. The fair market value of any such consideration 
shall be equal to or exceed the fair market value or, if higher, 
the sale price of the ammunition or ammunition components sold. 
"(g) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—Nothing 
in this section shall be construed to affect the applicability of 
section 38 of the Arms Export Control Act (22 U.S.C. 2778) to 
sales of ammunition or ammunition components on the United 
States Miuiitions List. 
"(h) DEFINITIONS.—In this section: 
"(1) The term 'excess, obsolete, or unserviceable', with 
respect to ammimition or ammunition components, means that 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1895 
the ammunition or ammunition components are no longer nec-
essary for war reserves or for support of training of the Army 
or production of ammunition or ammunition components. 
"(2) The term 'demihtarize', with respect to ammunition 
or ammunition components— 
"(A) means to destroy the mihtary offensive or defen-
sive advguitages inherent in the ammunition or ammunition 
components; and 
"(B) includes any mutilation, scrapping, melting, burn-
ing, or alteration that prevents the use of the ammunition 
or ammunition components for the military purposes for 
which the ammunition or ammunition components was 
designed or for a lethal purpose.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4687. Sale of excess, obsolete, or unserviceable ammunition and ammunition com-
ponents.". 
(b) REVIEW OF INITIAL SALES.—(1) For each of the first three 
lo use 4687 
fiscal years during which the Secretary of the Army sells ammuni- note. 
tion or ammunition components under the authority of section 
4687 of title 10, United States Code, as added by subsection (a), 
the Director of the Army Audit Agency shall conduct a review 
of sales under such section to ensure that— 
(A) purchasers that enter into an agreement under sub-
section (a)(1) of such section to demilitarize the purchased 
ammunition or ammunition components fully comply with the 
agreement; and 
(B) purchasers that are authorized under subsection (a)(2) 
of such section to use the purchased ammunition or ammunition 
components actually use the ammunition or ammunition compo-
nents in the manner proposed. 
(2) Not later than 180 days after the end of each fiscal year Reports. 
in which the review is conducted, the Secretary of the Army shall 
submit to Congress a report containing the results of the review 
for the fiscal year covered by the report. 
SEC. 1066. TRANSFER OF B-17 AIRCRAFT TO MUSEUM. 
California. 
(a) AUTHORITY.—The Secretary of the Air Force may convey, 
without consideration to the Planes of Fame Museum, Chino, 
California (in this section referred to as the "museum"), all right, 
title, and interest of the United States in and to the B-17 aircraft 
known as the "Picadilly Lilly", an aircraft that has been in the 
possession of the museum since 1959. Such a conveyance shall 
be made by means of a conditional deed of gift. 
(b) CONDITION OF AIRCRAFT.—The Secretary may not convey 
ownership of the aircraft under subsection (a) until the Secretary 
determines that the museum has altered the aircraft in such man-
ner as the Secretary determines necessary to ensure that the air-
craft does not have any capability for use as a platform for launching 
or releasing munitions or any other combat capability that it was 
designed to have. The Secretary is not required to repair or alter 
the condition of the aircraft before conveying ownership of the 
aircraft. 
(c) REVERTER UPON TRANSFER OF OWNERSHIP OR POSSESSION.— 
The Secretary shall include in the instrument of conveyance of 
the aircraft— 
I l l STAT. 1896 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) a condition that the museum not convey any ownership 
interest in, or transfer possession of, the aircraft to any other 
party without the prior approval of the Secretary of the Air 
Force; and 
(2) a condition that if the Secretary of the Air Force deter-
mines at any time that the museum has conveyed an ownership 
interest in, or transferred possession of, the aircraft to any 
other party without the prior approval of the Secretary, all 
right, title, and interest in and to the aircraft, including any 
repair or alteration of the aircraft, shall revert to the United 
States, and the United States shall have the right of immediate 
possession of the aircraft. 
(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—The 
conveyance authorized by this section shall be made at no cost 
to the United States. Any costs associated with such conveyance, 
including costs of determining compliance with subsection (b), shall 
be borne by the museum. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force may require such additional terms and conditions in 
connection with the conveyance under this section as the Secretary 
considers appropriate to protect the interests of the United States. 
(f) CLARIFICATION OF LIABILITY.—Notwithstanding any other 
provision of law, upon conveyance of ownership of the B-17 aircraft 
specified in subsection (a) to the museum, the United States shall 
not be liable for any death, injury, loss, or damage that results 
from any use of that aircraft by any person other than the United 
States. 
SEC. 1067. REPORT ON DISPOSAL OF EXCESS AND SURPLUS MATE-
RIALS. 
(a) REPORT REQUIRED.—Not later than January 31, 1998, the 
Secretary of Defense shall submit to Congress a report on the 
actions that have been taken or are planned to be taken within 
the Department of Defense to address problems with the sale or 
other disposal of materials that are excess or surplus to the needs 
of the Department of Defense. 
(b) REQUIRED CONTENT.—At a minimum, the report shall 
address the following issues: 
(1) The effort to standardize the coding of military equip-
ment for demilitarization at all stages of the process, from 
initial acquisition through disposal. 
(2) The changes underway to improve the methods used 
for the demilitarization of military equipment. 
(3) Recent efforts to improve the accuracy of coding per-
formed by Government employees £ind contractor employees. 
(4) Recent efforts to improve the enforcement of the pen-
alties that are applicable to Government employees and contrac-
tor employees who fail to comply with rules or procedures 
applicable to the demilitarization of military equipment. 
(5) The methods of oversight and enforcement used by 
the Department of Defense to review the demilitarization of 
military equipment by the purchasers of the equipment. 
(6) The current and planned controls designed to prevent 
the inappropriate transfer of excess military equipment outside 
the United States. 
(7) The current procedures used by the Department, includ-
ing repurchase, to recover military equipment that is sold or 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1897 
otherwise disposed of without appropriate action having been 
taken to demiUtarize the equipment or to provide for demih-
tarization of the equipment. 
(8) The legislative changes, if any, that would be necessary 
to improve the recovery rate under the procedures identified 
under paragraph (7). 
(c) IDENTIFICATION OF FREQUENT ERRORS AND MISUSE.—Based 
on fiscal year 1997 findings, the Secretary of Defense shall identify 
in the report— 
(1) the 50 categories of military equipment that most fre-
quently received an erroneous demilitarization code; and 
(2) the categories of military equipment that are particu-
larly vulnerable to improper use after disposal. 
Subtitle G—Other Matters 
SEC. 1071. AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE CRIMI-
NAL INVESTIGATIVE SERVICE TO EXECUTE WARRANTS 
AND MAKE ARRESTS. 
(a) AUTHORITY.—Chapter 81 of title 10, United States Code, 
is amended by inserting after section 1585 the following new section: 
''§ 1585a. Special agents of the Defense Criminal Investigative 
Service: authority to execute warrants and make 
arrests 
"(a) AUTHORITY.—The Secretary of Defense may authorize any 
DCIS special agent described in subsection (b)— 
"(1) to execute and serve smy warrant or other process 
issued under the authority of the United States; and 
"(2) to make arrests without a warrant— 
"(A) for any offense against the United States commit-
ted in the presence of that agent; and 
"(B) for any felony cognizable under the laws of the 
United States if the agent has probable cause to believe 
that the person to be arrested has committed or is commit-
ting the felony. 
"(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to ApplicabiUty. 
any DCIS special agent whose duties include conducting, super-
vising, or coordinating investigations of criminal activity in pro-
grams and operations of the Department of Defense. 
"(c) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 
provided under subsection (a) shall be exercised in accordance with 
guidelines prescribed by the Inspector General of the Department 
of Defense and approved by the Attorney General and any other 
applicable guidelines prescribed by the Secretary of Defense or 
the Attorney General. 
"(d) DCIS SPECIAL AGENT DEFINED.—In this section, the term 
'DCIS special agent' means an employee of the Department of 
Defense who is a special agent of the Defense Criminal Investigative 
Service (or smy successor to that service).". 
I l l STAT. 1898 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1585 the following new item: 
"1585a. Special agents of the Defense Criminal Investigative Service: authority to 
execute warrants and make arrests.". 
10 u s e 113 note. 
SEC. 1072. STUDY OF INVESTIGATIVE PRACTICES OF MILITARY CRIMI-
NAL INVESTIGATIVE ORGANIZATIONS RELATING TO SEX 
CRIMES. 
(a) 
INDEPENDENT STUDY REQUIRED.—(1) 
The 
Secretary 
of 
Defense shall provide for an independent study of the policies, 
procedures, and practices of the military criminal investigative 
organizations for the conduct of investigations of complaints of 
sex crimes and other criminal sexual misconduct arising in the 
Armed Forces. 
(2) The Secretary shall provide for the study to be conducted 
by the National Academy of Public Administration. The amount 
of a contract for the study may not exceed $2,000,000. 
(3) The Secretary shall require that all components of the 
Department of Defense cooperate fully with the organization carry-
ing out the study. 
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall 
require that the organization conducting the study under this sec-
tion specifically consider each of the following matters: 
(1) The need (if any) for greater organizational independ-
ence and autonomy for the military criminal investigative 
organizations than exists under current 
chain-of-command 
structures within the military departments. 
(2) The authority of each of the military criminal investiga-
tive organizations to investigate allegations of sex crimes and 
other criminal sexual misconduct and the policies of those 
organizations for carrjdng out such investigations. 
(3) The training (including training in skills and techniques 
related to the conduct of interviews) provided by each of those 
organizations to agents or prospective agents responsible for 
conducting or providing support to investigations of alleged 
sex crimes and other criminal sexual misconduct, including— 
(A) the extent to which that training is comparable 
to the training provided by the Federal Bureau of Investiga-
tion and other civilian law enforcement agencies; and 
(B) the coordination of training and investigative poli-
cies related to alleged sex crimes and other criminal sexual 
misconduct of each of those organizations with the Federal 
Bureau of Investigation and other civilian Federal law 
enforcement agencies. 
(4) The procedures and relevant professional standards 
of each military criminal investigative organization with regard 
to recruitment and hiring of agents, including an evaluation 
of the extent to which those procedures and standards provide 
for— 
(A) sufficient screening of prospective agents based 
on background investigations; and 
(B) obtaining sufficient information about the qualifica-
tions and relevant experience of prospective agents. 
(5) The advantages and disadvantages of establishing, 
within each of the military criminal investigative organizations 
or within the Defense Criminal Investigative Service only, a 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1899 
special unit for the investigation of alleged sex crimes and 
other criminal sexual misconduct. 
(6) The clarity of guidance for, and consistency of investiga-
tive tactics used by, each of the military criminal investigative 
organizations for the investigation of alleged sex crimes and 
other criminal sexual misconduct, together with a comparison 
with the guidance and tactics used by the Federal Bureau 
of Investigation and other civilian law enforcement agencies 
for such investigations. 
(7) The number of allegations of agent misconduct in the 
investigation of sex crimes and other criminal sexual mis-
conduct for each of those organizations, together with a 
comparison with the number of such allegations concerning 
agents of the Federal Bureau of Investigation and other civilian 
law enforcement agencies for such investigations. 
(8) The procedures of each of the military criminal inves-
tigative organizations for administrative identification (known 
as "titling") of persons suspected of committing sex crimes 
or other criminal sexual misconduct, together with a comparison 
with the comparable procedures of the Federal Bureau of Inves-
tigation and other civilian Federal law enforcement agencies 
for such investigations. 
(9) The accuracy, timeliness, and completeness of reporting 
of sex crimes and other criminal sexual misconduct by each 
of the military criminal investigative organizations to the 
National Crime Information Center maintained by the Depart-
ment of Justice. 
(10) Any recommendation for legislation or administrative 
action to revise the organizational or operational arrangements 
of the military criminal investigative organizations or to alter 
recruitment, training, or operational procedures, as they pertain 
to the investigation of sex crimes and other criminal sexual 
misconduct. 
(c) REPORT.—(1) The Secretary of Defense shall require the 
organization conducting the study under this section to submit 
to the Secretary a report on the study not later than one year 
after the date of the enactment of this Act. The organization shall 
include in the report its findings and conclusions concerning each 
of the matters specified in subsection (b). 
(2) The Secretary shall submit the report under paragraph 
(1), together with the Secretar3r's comments on the report, to Con-
gress not later than 30 days after the date on which the report 
is submitted to the Secretary under paragraph (1). 
(d) 
MILITARY 
CRIMINAL 
I^^vESTIGATIVE 
ORGANIZATION 
DEFINED.—For the purposes of this section, the term "military 
criminal investigative organization" means any of the following: 
(1) The Army Criminal Investigation Command. 
(2) The Naval Criminal Investigative Service. 
(3) The Air Force Office of Special Investigations. 
(4) The Defense Criminal Investigative Service. 
(e) CRIMINAL SEXUAL MISCONDUCT DEFINED.—For the purposes 
of this section, the term "criminal sexual misconduct" means con-
duct by a member of the Armed Forces involving sexual abuse, 
sexual harassment, or other sexual misconduct that constitutes 
an offense under the Uniform Code of Military Justice. 
I l l STAT. 1900 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) The tables of chapters at the beginning of subtitle 
A, and at the beginning of part I of subtitle A, are each 
amended by striking out "471" in the item relating to chapter 
23 and inserting in lieu thereof "481". 
(2) The tables of chapters at the beginning of subtitle 
A, and at the beginning of part IV of subtitle A, are each 
amended by striking out "2540" in the item relating to chapter 
152 and inserting in lieu thereof "2541". 
(3) Section 116(b)(2) is amended by striking out "such sub-
section" and inserting in lieu thereof "subsection (a)". 
(4) Section 129c(e)(l) is amended by striking out "section 
115a(g)(2)" and inserting in lieu thereof "section 115a(e)(2)". 
(5) Section 193(d)(1) is amended by striking out "performs" 
and inserting in lieu thereof "perform". 
(6) Section 382(g) is amended by striking out "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1997" and inserting in lieu thereof "September 
23, 1996". 
(7) Section 443(b)(1) is amended by striking out the period 
at the end and inserting in lieu thereof a semicolon. 
(8) Section 445 is amended— 
(A) by striking "(1)" before "Except with"; 
(B) by redesignating subparagraphs (A), (B), and (C) 
as paragraphs (1), (2), and (3), respectively; 
(C) by striking "(2)" before "Whenever it appears" and 
inserting "(b) INJUNCTIVE RELIEF.—"; and 
(D) by striking out "paragraph (1)" and inserting in 
lieu thereof "subsection (a)". 
(9) Section 858b(a)(l) is amended in the first sentence 
by striking out "forfeiture" and all that follows through "due 
that member" and inserting in lieu thereof "forfeiture of pay, 
or of pay and allowances, due that member". 
(10) The item relating to section 895 (article 95) in the 
table of sections at the beginning of subchapter X of chapter 
47 is amended by striking out "Art.". 
(11) Section 943(c) is amended— 
(A) by capitalizing the initial letter of the third word 
of the subsection heading; 
(B) in the second sentence, by striking out "Court" 
and inserting in lieu thereof "court"; and 
(C) in the third sentence, by striking out "such posi-
tions" and inserting in lieu thereof "positions referred to 
in the preceding sentences". 
(12) Section 954 is amended by striking out "this" and 
inserting in lieu thereof "his". 
(13) Section 971(b)(4) is amended by capitalizing the first 
letter of the fifth and sixth words. 
(14) Section 972(b) is amended by striking out "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1996" in the matter preceding paragraph (1) 
and inserting in lieu thereof "February 10, 1996 . 
(15) Section 976(f) is amended by striking out "shall," and 
all that follows and inserting in lieu thereof "shall be fined 
under title 18 or imprisoned not more than 5 years, or both. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1901 
except that, in the case of an organization (as defined in section 
18 of such title), the fine shall not be less than $25,000.". 
(16) Section 977 is amended— 
(A) in subsection (c), by striking out "Beginning on 
October 1, 1996, not more than" and inserting in lieu 
thereof "Not more than"; and 
(B) in subsection (d)(2), by striking out "before October 
1, 1996," and all that follows through "so assigned" the 
second place it appears. 
(17) Section 1078a(g)(4)(B)(iii)(II) is amended by striking 
out "section 1447(8)" and inserting in lieu thereof "section 
1447(13)". 
(18) Section 1129(c) is amended— 
(A) by striking out "the date of the enactment of this 
section," and inserting in lieu thereof "November 30, 1993,"; 
and 
(B) by striking out "before the date of the enactment 
of this section or" and inserting in lieu thereof "before 
such date or". 
(19) Section 1151(b) is amended by capitalizing the first 
letter of the second word in the subsection heading. 
(20) Section 1152(g) is amended by inserting "(1)" before 
"The Secretary may". 
(21) Section 1143(d) is amended by striking out "section 
806(a)(2) of the Military Family Act of 1985" and inserting 
in lieu thereof "section 1784(a)(2) of this title". 
(22) Section 1174(a)(1) is amended by striking out ", 1177,". 
(23) Section 1406 is amended— 
(A) by striking out "3962(b)" in footnote number 3 
in the table in subsection (b)(1) and in footnote number 
1 in the table in subsection (c)(1) and inserting in lieu 
thereof "3962"; and 
(B) by striking out "8962(b)" in footnote number 3 
in the table in subsection (b)(1) and in footnote number 
1 in the table in subsection (e)(1) and inserting in lieu 
thereof "8962". 
(24) Section 1408(d) is amended— 
(A) by decapitalizing the first letter of the fifth word 
in the subsection heading; 
(B) by redesignating the second paragraph (6) as para-
graph (7); and 
(C) in paragraph (7), as so redesignated, by striking 
out "out-of State" in subparagraph (A) and inserting in 
lieu thereof "out-of-State". 
(25) Section 1408(g) is amended by decapitalizing the first 
letter of the second and ninth words in the subsection heading. 
(26) Section 1444a(b) is amended by striking out "section 
1455(c)" and inserting in lieu thereof "section 1455(d)(2)". 
(27) Section 1448 is amended by capitalizing the first letter 
of the third word of the section heading. 
(28) Section 1451(a)(2) is amended by inserting a period 
in the paragraph heading before the one-em dash. 
(29) Section 1452 is amended— 
(A) in subsection (a)(1)(A), by striking out "providing" 
in the matter preceding clause (i) and inserting in lieu 
thereof "provided"; and 
I l l STAT. 1902 
PUBLIC LAW 105-85—NOV. 18, 1997 
(B) in subsection (e), by striking out "section 8339(i)" 
and "section 8331(b)" and inserting in lieu thereof "section 
83390')" and "section 8341(b)", respectively. 
(30) Section 1504(i)(l) is amended by striking out "this 
subsection" and inserting in lieu thereof "this section". 
(31) Section 1599c(c)(l)(F) is amended by striking out "Sec-
tions 106(f)" and inserting in lieu thereof "Sections 106(e)". 
(32) Section 1613(a) is amended by striking out "1604" 
and inserting in lieu thereof "1603". 
(33) Section 1763 is amended— 
(A) by striking out "On and after October 1, 1993, 
the Secretary of Defense" and inserting in lieu thereof 
"The Secretary of Defense"; and 
(B) by striking out "secretaries" and inserting in lieu 
thereof "Secretaries". 
(34) Section 1792 is amended— 
(A) in subsection (a)(1), by striking out the comma 
after "implementing"; and 
(B) in subsection (d)(2), by striking out "section 1794" 
and inserting in lieu thereof "section 1784". 
(35) Section 2010(e) is repealed. 
(36) Section 2107a(g) is amended by inserting "the" after 
"August 1, 1979, as a member of. 
(37) Section 2109(c)(1)(A) is amended by striking out "sec-
tion 
2106(b)(6)" and 
inserting 
in 
lieu 
thereof 
"section 
2104(bX6)". 
(38) Section 2114(h) is amended by striking out "section 
2123(eXl)" and inserting in lieu thereof "section 2123(e)". 
(39) Section 2198(c) is amended by striking out "identified 
in" and all that follows through the period at the end and 
inserting in lieu thereof "that is identified under section 2505 
of this title as critical for attaining the national security objec-
tives set forth in section 2501(a) of this title.". 
(40) Section 2249a(a)(l) is amended by striking out "50 
App. 2405(j)" and inserting in lieu thereof "50 U.S.C. App. 
2405(j)(l)(A)". 
(41) Section 2302d(a)(2) is amended by striking out 
"procurement of and inserting in lieu thereof "procurement 
for the system is estimated to be". 
(42) Section 2304(c)(5) is amended by striking out "sub-
section (j)" and inserting in lieu thereof "subsection (k)". 
(43) Section 2304(f) is amended— 
(A) in paragraph (l)(B)(iii), by striking out "(6)(C)" 
and inserting in lieu thereof "(6)(B)"; and 
(B) in paragraph (6)— 
(i) by striking out subparagraph (B); and 
(ii) by redesignating subparagraph (C) as subpara-
graph (B) and in that subparagraph by striking out 
"paragraph (l)(B)(iv)" and inserting in lieu thereof 
"paragraph (l)(B)(iii)". 
(44) Section 2305a(a) is amended by striking out "(41 
U.S.C." and inserting in lieu thereof "(40 U.S.C". 
(45) Section 2306(h) is amended by inserting "for the pur-
chase of property" after "Multiyear contracting authority. 
(46) Section 2306a(a)(5) is amended by striking out "sub-
section (b)(1)(B)" and inserting in lieu thereof "subsection 
(b)(1)(C)". 
•S®?*-'' 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1903 
(47) Section 2306b is amended by striking out "this sub-
section" in the first sentence of subsection (k) and inserting 
in Ueu thereof "this section". 
(48)(A) The heading of section 2306b is amended to read 
as follows: 
"§ 2306b. Multiyear contracts: acquisition of property". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 137 is amended to read as follows: 
"2306b. Multiyear contracts: acquisition of property.". 
(49) Section 2315(a) is amended by striking out "the 
Information Technology Management Reform Act of 1996" and 
inserting in lieu thereof "division E of the Clinger-Cohen Act 
of 1996 (40 U.S.C. 1401 et seq.)". 
(50) Section 2371a is amended by inserting "Defense" before 
"Advanced Research Projects Agency". 
(51) Section 2375(c) is amended— 
(A) by striking out "provisions relating to exceptions" 
and inserting in lieu thereof "a provision relating to an 
exception"; and 
(B) by striking out "section 2306a(d)" and inserting 
in lieu thereof "section 2306a(b)". 
(52) Section 2401a(a) is amended by striking out "leasing 
of such vehicles" and inserting in lieu thereof "such leasing". 
(53) Section 2491(8) is amended by striking out "that 
appears" and all that follows through the period at the end 
and inserting in lieu thereof "that is identified under section 
2505 of this title as critical for attaining the national security 
objectives set forth in section 2501(a) of this title.". 
(54) Section 2533(a) is amended by striking out the first 
closing parenthesis after "41 U.S.C. 10a". 
(55) Section 2534(b)(3) is amended by striking out 
"(a)(3)(A)(ii)" and inserting in lieu thereof "(a)(3)(A)(iii)". 
(56) Section 2554(c)(1) is amended by striking out "the 
date of the enactment of this Act" and inserting in lieu thereof 
"September 23, 1996". 
(57) Section 2645(a)(1)(B) is amended by striking out "on 
which" after "the date on which". 
(58) Section 2684(b) is amended by striking out ", United 
States Code,". 
(59) Section 2694(b)(1)(D) is amended by striking out 
"executive ageny and inserting in lieu thereof "executive 
agency". 
(60) Section 2878(d)(4) is amended by striking out "11401" 
and inserting in lieu thereof "11411". 
(61) Section 2885 is amended by striking out "five years 
after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1996" and inserting in lieu 
thereof "on February 10, 2001". 
(62) Sections 4342(a)(10), 6954(a)(10), and 9342(a)(10) are 
amended by striking out "Marianas" and inserting in lieu 
thereof "Mariana". 
(63) Section 7606(e) is amended by striking out "sections" 
and inserting in lieu thereof "section". 
(64) Section 7902(b)(8) is amended by inserting "United 
States" before "Geological Survey". 
I l l STAT. 1904 
PUBLIC LAW 105-85—NOV. 18, 1997 
(65) Section 8038(e) is amended by striking out "(1)". 
(66) The item relating to section 8069 in the table of 
sections at the beginning of chapter 807 is amended by striking 
out "Nurse Corps" and inserting in lieu thereof "nurses". 
(67) Section 12733(3) is amended— 
(A) by inserting a comma after "(B)"; and 
(B) by striking out "in which the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 
1997 occurs" and inserting in lieu thereof "that includes 
September 23, 1996,". 
(68) Section 14317(d) is amended by striking out "section 
14314" in the first sentence and inserting in lieu thereof "sec-
tion 14315". 
(b) TITLE 37, UNITED STATES CODE.—Section 205(d) of title 
37, United States Code, is amended by striking out the period 
after "August 1, 1979" and inserting in lieu thereof a comma. 
10 use 2502 
(c) PUBLIC LAW 104-201.—Effective as of September 23, 1996, 
note. 
and as if included therein as enacted, the National Defense 
Effective date. 
Authorization Act for Fiscal Year 1997 (Public Law 104-201) is 
amended as follows: 
10 use 2706 
(1) Section 324(b)(2) (110 Stat. 2480) is amended by 
note. 
inserting after "In this subsection" the following: "and sub-
section (c)". 
(2) Section 367 (110 Stat. 2496) is amended— 
10 use 2554. 
(A) in subsection (a), by striking out "Subchapter II 
of chapter" and inserting in lieu thereof "Chapter"; and 
(B) in subsection (b), by striking out "subchapter" and 
inserting in lieu thereof "chapter". 
10 use 4411 
(3) Section 371(a) (110 Stat. 2499) is amended by striking 
note. 
out "Section 559(a)(1)" and inserting in lieu thereof "Section 
559". 
10 use 12733. 
(4) Section 531(a) (110 Stat. 2517) is amended by inserting 
"of title 10, United States Code," before "is amended". 
10 use 302c. 
(5) Section 614(b)(2)(B) (110 Stat. 2544) is amended by 
striking out "the period" and inserting in lieu thereof "the 
semicolon". 
10 use 2302 
(6) Section 802(1) (110 Stat. 2604) is amended by striking 
note. 
out "1995" in the first quoted matter therein and inserting 
in lieu thereof "1996". 
10 use 2502. 
(7) Section 829(c) (110 Stat. 2612) is amended— 
(A) in paragraph (2), by striking out "Section 2502(b)" 
and inserting in lieu thereof "Section 2502(c)"; and 
(B) by redesignating paragraph (3) as subparagraph 
(C) of paragraph (2). 
10 use 441 note. 
(8) Section 1116(b) (110 Stat. 2686) is amended by striking 
out "section 1122" and inserting in lieu thereof "section 1111". 
(9) Section 1606 (110 Stat. 2737) is amended— 
20 use 901. 
(A) in subsection (a)(1)— 
(i) by striking out the comma before "or are"; and 
(ii) by inserting a semicolon after "Secretary of 
Defense"; 
20 use 903. 
(B) in subsection (b)(1)(A), by striking out "Secretary 
of each" and inserting in lieu thereof "secretary of each"; 
and 
(C) in subsection (b)(2)(B), by inserting a semicolon 
after "Defense". 
(d) OTHER ANNUAL DEFENSE AUTHORIZATION ACTS.-^ 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1905 
(1) Effective as of February 10, 1996, and as if included 
therein as enacted, the National Defense Authorization Act 
for Fiscal Year 1996 (PubUc Law 104-106) is amended as 
follows: 
(A) Section 321(a)(2)(A) (110 Stat. 251) is amended 
by striking out "2710(d)" and inserting in lieu thereof 
"2701(d)". 
(B) Section 356(d)(3) (110 Stat. 271) is amended by 
striking out "or" after "to any provision" and inserting 
in lieu thereof "of. 
(C) Section 533(b) (110 Stat. 315) is amended by insert-
ing before the period at the end the following: "and the 
amendments made by subsection (b), effective as of October 
5 1994". 
(D) Section 703(b) (110 Stat. 372) is amended by strik-
ing out "Such paragraph" and inserting in lieu thereof 
"Such section". 
(E) Section 1501 (110 Stat. 500) is amended— 
(i) in subsection (d)(1), by striking out "337(b)" 
and "2717" and inserting in Ueu thereof "377(b)" and 
"2737", respectively; and 
(ii) in subsection (f)(2), by inserting "of the Reserve 
Officer Personnel Management Act" before "shall take". 
(2) The National Defense Authorization Act for Fiscal Year 
1993 (Pubhc Law 102-484) is amended as follows: 
(A) Section 812(c) (10 U.S.C. 1723 note) is amended 
by inserting "and Technology" after "for Acquisition". 
(B) Section 1091(Z)(3) (32 U.S.C. 501 note) is amended 
by striking out "the day preceding the date of the enact-
ment of this Act" and inserting in lieu thereof "October 
19 1994". 
(C) Section 4471 (10 U.S.C. 2501 note) is amended 
by realigning subsection (e) so as to be flush to the left 
margin. 
(3) Section 807(b)(2)(A) of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102-
190; 10 U.S.C. 2320 note) is amended by inserting before the 
period the following: "and Technology". 
(4) The National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510) is amended as follows: 
(A) Section 1205 (10 U.S.C. 1746 note) is amended 
by striking out "Under Secretary of Defense for Acquisition" 
each place it appears and inserting in lieu thereof "Under 
Secretary of Defense for Acquisition and Technology". 
(B) Section 2905 (10 U.S.C. 2687 note) is amended— 
(i) in subsection (b)(7), by striking out "4331" in 
subparagraphs (K)(iii) and (L)(iv)(III) and inserting in 
lieu thereof "4321"; and 
(ii) in subsection (f)(3), by striking out "section 
2873(a)" and inserting in heu thereof "section 2883(a)". 
(C) Section 2921 (10 U.S.C. 2687 note) is amended— 
(i) in subsection (e)(3)(B), by striking out "Defense 
Subcommittees" and inserting in lieu thereof "Sub-
committee on Defense"; and 
(ii) in subsection (f)(2), by striking out "the 
Committees on Armed Services of the Senate and 
House of Representatives" and inserting in lieu thereof 
Effective date. 
10 use 1076 
note. 
10 use 2701 
note. 
10 use 2461 
note. 
10 use 6975, 
6975 note. 
10 use 1076. 
10 use 10154. 
10 use 10001 
note. 
I l l STAT. 1906 
PUBLIC LAW 105-85—NOV. 18, 1997 
"the Committee on Armed Services of the Senate and 
the Committee on National Security of the House of 
Representatives". 
(5) Section 1121(c) of the National Defense Authorization 
Act for Fiscal Years 1988 and 1989 (Pubhc Law 100-180; 10 
U.S.C. 113 note) is amended by striking out "under this sec-
tion—" and all that follow through "fiscal year 1990" and insert-
ing in lieu thereof "under this section may not exceed 5,000 
during any fiscal year". 
(6) Section 204(e)(3) of the Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended by striking out 
"section 2873(a)" and inserting in lieu thereof "section 2883(a)". 
(e) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, 
is amended as follows: 
(1) Section 5315 is amended— 
(A) in the item relating to the Chief Information Officer 
of the Department of the Interior, by inserting "the" before 
"Interior"; and 
(B) in the item relating to the Chief Information Officer 
of the Department of the Treasury, by inserting "the" before 
"Treasury". 
(2) Section 5316 is amended by striking out "Atomic 
Energy" after "Assistant to the Secretary of Defense for" and 
inserting in lieu thereof "Nuclear and Chemical and Biological 
Defense Programs". 
(f) ACT OF AUGUST 10, 1956.—Section 3(a)(3) of the Act of 
August 10, 1956 (33 U.S.C. 857a) is amended by striking out "1374,". 
(g) ACQUISITION POLICY STATUTES.— 
(1) Section 309 of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 259) is amended by striking 
out "and" at the end of subsection (b)(2). 
(2) The Office of Federal Procurement Policy Act is amend-
ed as follows: 
(A) The item relating to section 27 in the table of 
contents in section Kb) is amended to read as follows: 
"Sec. 27. Restrictions on disclosing and obtaining contractor bid or proposal informa-
tion or source selection information.'. 
(B) Section 6(d) (41 U.S.C. 405(d)) is amended— 
(i) by striking out the period at the end of para-
graph (5)(J) and inserting in lieu thereof a semicolon; 
(ii) by moving paragraph (6) two ems to the left; 
and 
(iii) in paragraph (12), by striking out "small busi-
ness" and inserting in lieu thereof "small businesses". 
(C) Section 35(b)(2) (41 U.S.C. 431(b)(2)) is amended 
by striking out "commercial" and inserting in lieu thereof 
"commercially available". 
(3) Section 6 of the Contract Disputes Act of 1978 (41 
U.S.C. 605) is amended in subsections (d) and (e) by striking 
out "(as in effect on September 30, 1995)" each place it appears. 
(4) Subsections (d)(1) and (e) of section 16 of the Small 
Business Act (15 U.S.C. 645) are each amended by striking 
out "concerns" and inserting in lieu thereof "concern". 
(h) AMENDMENTS TO CONFORM CHANGE IN SHORT TITLE OF 
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT OF 1996.— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1907 
(1) Section 20 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g-3) is amended in subsections 
(a)(4) and (b)(2) by striking out "Information Technology 
Management Reform Act of 1996" and inserting in lieu thereof 
"Clinger-Cohen Act of 1996 (40 U.S.C. 1441)". 
(2) Section 612(f) of title 28, United States Code, is amend-
ed by striking out "the Information Technology Management 
Reform Act of 1996" and inserting in lieu thereof "division 
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)". 
(3) Section 310(b) of title 38, United States Code, is amend-
ed by striking out "the Information Technology Management 
Reform Act of 1996" and inserting in lieu thereof "division 
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)". 
(4) Section 6(b) of the Computer Security Act of 1987 (40 
U.S.C. 1441 note) is amended by striking out "Information 
Technology Management Reform Act of 1996" and inserting 
in lieu thereof "Clinger-Cohen Act of 1996 (40 U.S.C. 1441)". 
(5) Chapter 35 of title 44, United States Code, is amended— 
(A) in section 3502(9)— 
(i) by striking out "the Information Technology 
Management Reform Act of 1996" and inserting in 
heu thereof "the Clinger-Cohen Act of 1996 (40 U.S.C. 
1401)"; and 
(ii) by inserting "(40 U.S.C. 1452)" after "that Act"; 
(B) in section 3504(h)(2), by striking out "the Informa-
tion Technology Management Reform Act of 1996" and 
inserting in lieu thereof "division E of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1401 et seq.)"; and 
(C) in sections 3504(g)(2), 3504(g)(3), 3504(h)(1)(B), and 
3518(d) by striking out "Information Technology Manage-
ment Reform Act of 1996" and inserting in lieu thereof 
"Clinger-Cohen Act of 1996 (40 U.S.C. 1441)". 
(i) COORDINATION WITH OTHER AMENDMENTS.—For purposes lo use loi note. 
of applying amendments made by provisions of this Act other than 
provisions of this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act. 
SEC. 1074. SUSTAINMENT AND OPERATION OF THE GLOBAL POSITION-
ING SYSTEM. 
(a) FINDINGS.—Congress makes the following findings: 
lo use 2281 
(1) The Global Positioning System (consisting of a constella- note. 
tion of satellites and associated facilities capable of providing 
users on earth with a highly precise statement of their location 
on earth) makes significant contributions to the attainment 
of the national security and foreign policy goals of the United 
States, the safety and efficiency of international transportation, 
and the economic growth, trade, and productivity of the United 
States. 
(2) The infrastructure for the Global Positioning System 
(including both space and ground segments of the infrastruc-
ture) is vital to the effectiveness of United States and allied 
military forces and to the protection of the national security 
interests of the United States. 
(3) In addition to having military uses, the Global Position-
ing System has essential civil, commercial, and scientific uses. 
(4) As a result of the increasing demand of civil, commer-
cial, and scientific users of the Global Positioning System— 
I l l STAT. 1908 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) there has emerged in the United States a new 
commercial industry to provide Global Positioning System 
equipment and related services to the many and varied 
users of the system; and 
(B) there have been rapid technical advancements in 
Global Positioning System equipment and services that 
have contributed significantly to reductions in the cost 
of the Global Positioning System and increases in the tech-
nical capabilities and availability of the system for military 
uses. 
(5) It is in the national interest of the United States for 
the United States— 
(A) to support continuation of the multiple-use char-
acter of the Global Positioning System; 
(B) to promote broader acceptance and use of the Global 
Positioning System and the technological standards that 
facilitate expanded use of the system for civil purposes; 
(C) to coordinate with other countries to ensure (i) 
efficient management of the electromagnetic spectrum used 
by the Global Positioning System, and (ii) protection of 
that spectrum in order to prevent disruption of signals 
from the system and interference with that portion of the 
electromagnetic spectrum used by the system; and 
(D) to encourage open access in all international mar-
kets to the Global Positioning System and supporting 
equipment, services, and techniques. 
10 use 2281 
(b) INTERNATIONAL COOPERATION.—Congress urges the Presi-
note. 
dent to promote the security of the United States and its allies, 
the public safety, and commercial interests by taking the following 
steps: 
(1) Undertaking a coordinated effort within the executive 
branch to seek to establish the Global Positioning System, 
and augmentations to the system, as a worldwide resource. 
(2) Seeking to enter into international agreements to estab-
lish signal and service standards that protect the Global 
Positioning System from disruption and interference. 
(3) Undertaking efforts to eliminate any barriers to, and 
other restrictions of foreign governments on, peaceful uses of 
the Global Positioning System. 
(4) Requiring that any proposed international agreement 
involving nonmilitary use of the Global Positioning System 
or any augmentation to the system not be agreed to by the 
United States unless the proposed agreement has been reviewed 
by the Secretary of State, the Secretary of Defense, the Sec-
retary of Transportation, and the Secretary of Commerce (acting 
as the Interagency Global Positioning System Executive Board 
established by Presidential Decision Directive NSTC-6, dated 
March 28,1996). 
(c) FISCAL YEAR 1998 PROHIBITION OF SUPPORT OF FOREIGN 
SYSTEM.—None of the funds authorized to be appropriated under 
this Act may be used to support the operation and maintenance 
or enhancement of a satellite navigation system operated by a 
foreign country. 
(d) IN GENERAL.—(1) Part IV of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 134 the following 
new chapter: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1909 
"CHAPTER 136—PROVISIONS RELATING TO SPECIFIC 
PROGRAMS 
"Sec. 
"2281. Global Positioning System. 
"§ 2281. Global Positioning System 
"(a) SUSTAINMENT AND OPERATION FOR MILITARY PURPOSES.— 
The Secretary of Defense shall provide for the sustainment of the 
capabilities of the Global Positioning System (hereinafter in this 
section referred to as the *GPS'), and the operation of basic GPS 
services, that are beneficial for the national security interests of 
the United States. In doing so, the Secretary shall— 
"(1) develop appropriate measures for preventing hostile 
use of the GPS so as to make it unnecessary for the Secretary 
to use the selective availability feature of the system continu-
ously while not hindering the use of the GPS by the United 
States and its allies for military purposes; and 
"(2) ensure that United States armed forces have the 
capability to use the GPS effectively despite hostile attempts 
to prevent the use of the system by such forces. 
"(b) SUSTAINMENT AND OPERATION FOR CIVILIAN PURPOSES.— 
The Secretary of Defense shall provide for the sustainment and 
operation of the GPS Standard Positioning Service for peaceful 
civil, commercial, and scientific uses on a continuous worldwide 
basis free of direct user fees. In doing so, the Secretary— 
"(1) shall provide for the sustainment and operation of 
the GPS Standard Positioning Service in order to meet the 
performance requirements of the Federal Radionavigation Plan 
prepared jointly by the Secretary of Defense and the Secretary 
of Transportation pursuant to subsection (c); 
"(2) shall coordinate with the Secretary of Transportation 
regarding the development and implementation by the Govern-
ment of augmentations to the basic GPS that achieve or 
enhance uses of the system in support of transportation; 
"(3) shall coordinate with the Secretary of Commerce, the 
United States Trade Representative, and other appropriate offi-
cials to facilitate the development of new and expanded civil 
and commercial uses for the GPS; 
"(4) shall develop measures for preventing hostile use of 
the GPS in a particular area without hindering peaceful civil 
use of the system elsewhere; and 
"(5) may not agree to any restriction on the Global Position-
ing System proposed by the head of a department or agency 
of the United States outside the Department of Defense in 
the exercise of that official's regulatory authority that would 
adversely affect the military potential of the Global Positioning 
System. 
"(c) 
FEDERAL 
RADIONAVIGATION PLAN.—The 
Secretary 
of 
Defense and the Secretary of Transportation shall jointly prepare 
the Federal Radionavigation Plan. The plan shall be revised and 
updated not less often than every two years. The plan shall be 
prepared in accordance with the requirements applicable to such 
plan as first prepared pursuant to section 507 of the International 
Maritime Satellite Telecommunications Act (47 U.S.C. 756). The Federal Register, 
plan, and any amendment to the plan, shall be published in the publication. 
Federal Register. 
I l l STAT. 1910 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(d) BIENNIAL REPORT.—(1) Not later than 30 days after the 
end of each even-numbered fiscal year, 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 Representa-
tives a report on the Global Positioning System. The report shall 
include a discussion of the following matters: 
"(A) The operational status of the system. 
"(B) The capability of the system to satisfy effectively (i) 
the military requirements for the system that are current as 
of the date of the report, and (ii) the performance requirements 
of the Federal Radionavigation Plan. 
"(C) The most recent determination by the President 
regarding continued use of the selective availability feature 
of the system and the expected date of any change or elimi-
nation of the use of that feature. 
"(D) The status of cooperative activities undertaken by 
the United States with the governments of other countries 
concerning the capability of the system or any augmentation 
of the system to satisfy civil, commercial, scientific, and military 
requirements, including a discussion of the status and results 
of activities undertaken under any regional international agree-
ment. 
"(E) Any progress made toward establishing GPS as an 
international standard for consistency of navigational service. 
"(F) Any progress made toward protecting GPS from disrup-
tion and interference. 
"(G) The effects of use of the system on national security, 
regional security, £uid the economic competitiveness of United 
States industry, including the Global Positioning System equip-
ment and service industry and user industries. 
"(2) In preparing the parts of each such report required under 
subparagraphs (D), (E), (F), and (G) of paragraph (1), the Secretary 
of Defense shall consult with the Secretary of State, the Secretary 
of Commerce, and the Secretary of Transportation. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'basic GPS services' means the following 
components of the Global Positioning System that are operated 
and maintained by the Department of Defense: 
"(A) The constellation of satellites. 
"(B) The navigation payloads that produce the Global 
Positioning System signals. 
"(C) The groimd stations, data links, and associated 
command and control facilities. 
"(2) The term *GPS Standard Positioning Service' means 
the civil and commercial service provided by the basic Global 
Positioning System as defined in the 1996 Federal Radio-
navigation Plan (published jointly by the Secretary of Defense 
and the Secretary of Transportation in July 1997).". 
(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 inserting after the item relating to chapter 134 the following 
new item: 
"136. Provisions Relating to Specific Programs 
2281". 
.""•-^-f^-iwr--""?^™! 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1911 
SEC. 1075. PROTECTION OF SAFETY-RELATED INFORMATION VOLUN-
TARILY PROVIDED BY AIR CARRIERS. 
(a) AUTHORITY TO PROTECT INFORMATION.—Section 2640 of title 
10, United States Code, is amended— 
(1) by redesignating subsections (h) and (i) as subsections 
(i) and (j), respectively; and 
(2) by inserting after subsection (g) the following new 
subsection (h): 
"(h) AUTHORITY TO PROTECT SAFETY-RELATED INFORMATION 
VOLUNTARILY PROVIDED BY AN AIR CARRIER.—(1) Subject to para-
graph (2), the Secretary of Defense may (notwithstanding any other 
provision of law) withhold from public disclosure safety-related 
information that is provided to the Secretary voluntarily by an 
air carrier for the purposes of this section. 
"(2) Information may be withheld under paragraph (1) from 
public disclosure only if the Secretary determines that— 
"(A) the disclosure of the information would inhibit an 
air carrier from voluntarily providing, in the future, safety-
related information for the purposes of this section or for other 
air safety purposes involving the Department of Defense or 
another Federal agency; and 
"(B) the receipt of such information generally enhances 
the fulfillment of responsibilities under this section or other 
air safety responsibilities involving the Department of Defense 
or another Federal agency. 
"(3) If the Secretary provides to the head of another agency 
safety-related information described in paragraph (1) with respect 
to which the Secretary has made a determination described in 
paragraph (2), the head of that agency shall (notwithstanding any 
other provision of law) withhold the information from public disclo-
sure unless the disclosure is specifically authorized by the Sec-
retary.". 
(b) APPLICABILITY.—Subsection (h) of section 2640 of title 10, lo use 2640 
United States Code, as added by subsection (a), shall apply with note, 
respect to requests for information made on or after the date of 
the enactment of this Act. 
SEC. 1076. NATIONAL GUARD CHALLENGE PROGRAM TO CREATE 
OPPORTUNITIES FOR CIVILIAN YOUTH. 
(a) PROGRAM AUTHORITY.—Chapter 5 of title 32, United States 
Code, is amended by adding at the end the following new section: 
"§ 509. National Guard Challenge Program of opportunities 
for civilian youth 
"(a) PROGRAM AUTHORITY AND PURPOSE.—The Secretary of 
Defense, acting through the Chief of the National Guard Bureau, 
may conduct a National Guard civilian youth opportunities program 
(to be known as the 'National Guard Challenge Program') to use 
the National Guard to provide military-based training, including 
supervised work experience in community service and conservation 
projects, to civilian youth who cease to attend secondary school 
before graduating so as to improve the life skills and employment 
potential of such youth. 
"(b) CONDUCT OF THE PROGRAM.—The Secretary of Defense 
shall provide for the conduct of the National Guard Challenge 
Program in such States as the Secretary considers to be appropriate. 
I l l STAT. 1912 
PUBLIC LAW 105-85—NOV. 18, 1997 
except that Federal expenditures under the program may not exceed 
$50,000,000 for any fiscal year. 
"(c) PROGRAM AGREEMENTS.—(1) To carry out the National 
Guard Challenge Program in a State, the Secretary of Defense 
shall enter into an agreement with the Governor of the State 
or, in the case of the District of Columbia, with the commanding 
general of the District of Columbia National Guard, under which 
the Governor or the commanding general will establish, organize, 
and administer the National Guard Challenge Program in the State. 
"(2) The agreement may provide for the Secretary to provide 
funds to the State for civilian personnel costs attributable to the 
use of civilian employees of the National Guard in the conduct 
of the National Guard Challenge Program. 
"(d) MATCHING FUNDS REQUIRED.—The amount of assistance 
provided under this section to a State program of the National 
Guard Challenge Program may not exceed— 
"(1) for fiscal year 1998, 75 percent of the costs of operating 
the State program during that year; 
"(2) for fiscal year 1999, 70 percent of the costs of operating 
the State program during that year; 
"(3) for fiscal year 2000, 65 percent of the costs of operating 
the State program during that year; and 
"(4) for fiscal year 2001 and each subsequent fiscal year, 
60 percent of the costs of operating the State program during 
that year. 
"(e) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM.—A school 
dropout from secondary school shall be eligible to participate in 
Regulations. 
the National Guard Challenge Program. The Secretary of Defense 
shall prescribe the standards and procedures for selecting partici-
pants from among school dropouts. 
"(f) AUTHORIZED BENEFITS FOR PARTICIPANTS.—(1) To the extent 
provided in an agreement entered into in accordance with subsection 
(c) and subject to the approval of the Secretary of Defense, a 
person selected for training in the National Guard Challenge Pro-
gram may receive the following benefits in connection with that 
training: 
"(A) Allowances for travel expenses, personal expenses, and 
other expenses. 
"(B) Quarters. 
"(C) Subsistence. 
"iD) Transportation. 
"(E) Equipment. 
"(F) Clothing. 
"(G) Recreational services and supplies. 
"(H) Other services. 
"(I) Subject to paragraph (2), a temporary stipend upon 
the successful completion of the training, as characterized in 
accordance with procedures provided in the agreement. 
"(2) In the case of a person selected for training in the National 
Guard Challenge Program who afterwards becomes a member of 
the Civilian Community Corps under subtitle E of title I of the 
National and Community Service Act of 1990 (42 U.S.C. 12611 
et seq.), the person may not receive a temporary stipend under 
paragraph (1)(I) while the person is a member of that Corps. The 
person may receive the temporary stipend after completing service 
in the Corps unless the person elects to receive benefits provided 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1913 
under subsection (f) or (g) of section 158 of such Act (42 U.S.C. 
12618). 
"(g) PROGRAM PERSONNEL.—(1) Personnel of the National Guard 
of a State in which the National Guard Challenge Program is 
conducted may serve on full-time National Guard duty for the 
purpose of providing command, administrative, training, or support-
ing services for the program. For the performance of those services, 
any such personnel may be ordered to duty under section 502(f) 
of this title for not longer than the period of the program. 
"(2) A Governor participating in the National Guard Challenge 
Program and the commanding general of the District of Columbia 
National Guard (if the District of Columbia National Guard is 
participating in the program) may procure by contract the tem-
porary full time services of such civilian personnel as may be 
necessary to augment National Guard personnel in carrying out 
the National Guard Challenge Program in that State. 
"(3) Civilian employees of the National Guard performing serv-
ices for the National Guard Challenge Program and contractor 
personnel performing such services may be required, when appro-
priate to achieve the purposes of the program, to be members 
of the National Guard and to wear the military uniform. 
"(h) EQUIPMENT AND FACILITIES.—(1) Equipment and facilities 
of the National Guard, including military property of the United 
States issued to the National Guard, may be used in carrying 
out the National Guard Challenge Program. 
"(2) Activities under the National Guard Challenge Program 
shall be considered noncombat activities of the National Guard 
for purposes of section 710 of this title. 
"(i) STATUS OF PARTICIPANTS.—(1) A person receiving training 
under the National Guard Challenge Program shall be considered 
an employee of the United States for the purposes of the following 
provisions of law: 
"(A) Subchapter I of chapter 81 of title 5 (relating to com-
pensation of Federal employees for work injuries). 
"(B) Section 1346(b) and chapter 171 of title 28 and any 
other provision of law relating to the liability of the United 
States for tortious conduct of employees of the United States. 
"(2) In the application of the provisions of law referred to 
in paragraph (1)(A) to a person referred to in paragraph (1)— 
"(A) the person shall not be considered to be in the perform-
ance of duty while the person is not at the assigned location 
of training or other activity or duty authorized in accordance 
with a program agreement referred to in subsection (c), except 
when the person is traveling to or from that location or is 
on pass from that training or other activity or duty; 
"(B) the person's monthly rate of pay shall be deemed 
to be the minimum rate of pay provided for grade GS-2 of 
the General Schedule imder section 5332 of title 5; and 
"(C) the entitlement of a person to receive compensation 
for a disability shall begin on the day following the date on 
which the person's participation in the National Guard Chal-
lenge Program is terminated. 
"(3) A person referred to in paragraph (1) may not be considered 
an employee of the United States for any purpose other than a 
purpose set forth in that paragraph. 
"(j) SUPPLEMENTAL RESOURCES.—TO carry out the National 
Guard Challenge Program in a State, the Governor of the State 
39-194 O - 97 - 27 : QL 3 Part 2 
I l l STAT. 1914 
PUBLIC LAW 105-85—NOV. 18, 1997 
or, in the case of the District of Columbia, the commanding general 
of the District of Columbia National Guard may supplement funds 
made available under the program out of other resources (including 
gifts) available to the Governor or the commanding general. The 
Governor or the commanding general may accept, use, and dispose 
of gifts or donations of money, other property, or services for the 
National Guard Challenge Program. 
"(k) REPORT.—^Within 90 days after the end of each fiscal year, 
the Secretary of Defense shall submit to Congress a report on 
the design, conduct, and effectiveness of the National Guard Chal-
lenge Program during the preceding fiscal year. In preparing the 
report, the Secretary shall coordinate with the Governor of each 
State in which the National Guard Challenge Program is carried 
out and, if the program is carried out in the District of Columbia, 
with the comm£inding general of the District of Columbia National 
Guard. 
"(1) DEFINITIONS.—In this section: 
"(1) The term 'State' includes the Commonwealth of Puerto 
Rico, the territories, and the District of Columbia. 
"(2) The term 'school dropout' means an individual who 
is no longer attending any school and who has not received 
a secondary school diploma or a certificate from a program 
of equivalency for such a diploma.". 
(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: 
"509. National Guard Challenge Program of opportunities for civilian youth.". 
SEC. 1077. DISQUALIFICATION FROM CERTAIN BURIAL-RELATED BENE-
FITS FOR PERSONS CONVICTED OF CAPITAL CRIMES. 
(a) IN GENERAL.—(1) Chapter 49 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 985. Persons convicted of capital crimes: denial of certain 
burial-related benehts 
"(a) PROHIBITION OF PERFORMANCE OF MILITARY HONORS.— 
The Secretary of a military department and the Secretary of 
Transportation, with respect to the Coast Guard when it is not 
operating as a service in the Navy, may not provide military honors 
at the funeral or burial of a person who has been convicted of 
a capital offense under Federal or State law for which the person 
was sentenced to death or life imprisonment without parole. 
"(b) DISQUALIFICATION 
FROM 
BURIAL IN MILITARY 
CEME-
TERIES.—^A person convicted of a capital offense under Federal 
law is not entitled to or eligible for, and may not be provided, 
burial in— 
"(1) Arlington National Cemetery; 
"(2) the Soldiers' and Airmen's National Cemetery; or 
"(3) any other cemetery administered by the Secretary of 
a military department or the Secretary of Defense. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'capital offense' means an offense for which 
the death penalty may be imposed. 
"(2) The term 'burial' includes inurnment. 
"(3) The term 'State' includes the District of Columbia 
and any commonwealth or territory of the United States.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1915 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"985. Persons convicted of capital crimes: denial of certain burial-related benefits.". 
(b) APPLICABILITY.—Section 985 of title 10, United States Code, 
as added by subsection (a), applies with respect to persons d3dng 
after January 1, 1997. 
SEC. 1078. RESTRICTIONS ON THE USE OF HUMAN SUBJECTS FOR 
TESTING OF CHEMICAL OR BIOLOGICAL AGENTS. 
(a) PROHIBITED ACTIVITIES.—The Secretary of Defense may not 
conduct (directly or by contract)— 
(1) any test or experiment involving the use of a chemical 
agent or biological agent on a civilian population; or 
(2) any other testing of a chemical agent or biological 
agent on human subjects. 
(b) EXCEPTIONS.—Subject to subsections (c), (d), and (e), the 
prohibition in subsection (a) does not apply to a test or experiment 
carried out for any of the following purposes: 
(1) Any peaceful purpose that is related to a medical, 
therapeutic, 
pharmaceutical, 
agricultural, 
industrial, 
or 
research activity. 
(2) Any purpose that is directly related to protection against 
toxic chemicals or biological weapons and agents. 
(3) Any law enforcement purpose, including any purpose 
related to riot control. 
(c) INFORMED CONSENT REQUIRED.—The Secretary of Defense 
may conduct a test or experiment described in subsection (b) only 
if informed consent to the testing was obtained from each human 
subject in advance of the testing on that subject. 
(d) PRIOR NOTICE TO CONGRESS.—Not later than 30 days after 
the date of final approval within the Department of Defense of 
plans for any experiment or study to be conducted by the Depart-
ment of Defense (whether directly or under contract) involving 
the use of human subjects for the testing of a chemical agent 
or a biological agent, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate emd the Committee 
on National Security of the House of Representatives a report 
setting forth a full accounting of those plans, and the experiment 
or study may then be conducted only after the end of the 30-
day period beginning on the date such report is received by those 
committees. 
(e) BIOLOGICAL AGENT DEFINED.—In this section, the term 
"biological agent" means any micro-organism (including bacteria, 
viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious sub-
stance, and any naturally occurring, bioengineered, or s5Tithesized 
component of any such micro-organism, pathogen, or infectious sub-
stance, whatever its origin or method of production, that is capable 
of causing— 
(1) death, disease, or other biological malfunction in a 
human, an animal, a plant, or another living organism; 
(2) deterioration of food, water, equipment, supplies, or 
materials of any kind; or 
(3) deleterious alteration of the environment. 
(f) REPORT AND CERTIFICATION.—Section 1703(b) of the National 
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) 
is amended by adding at the end the following new paragraph: 
10 use 985 note. 
50 use 1520a. 
Reports. 
I l l STAT. 1916 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(9) A description of any program involving the testing 
of biological or chemical agents on human subjects that was 
carried out by the Department of Defense during the period 
covered by the report, together with— 
"(A) a detailed justification for the testing; 
"(B) a detailed explanation of the purposes of the 
testing; 
"(C) a description of each chemical or biological agent 
tested; and 
"(D) the Secretary's certification that informed consent 
to the testing was obtained from each human subject in 
advance of the testing on that subject.". 
(g) REPEAL OF SUPERSEDED PROVISION OF LAW.—Section 808 
of the Department of Defense Appropriation Authorization Act, 
1978 (50 U.S.C. 1520), is repealed. 
49 u s e 303 note. 
SEC. 1079. TREATMENT OF MILITARY FLIGHT OPERATIONS. 
No military flight operation (including a military training 
flight), or designation of airspace for such an operation, may be 
treated as a transportation program or project for purposes of 
section 303(c) of title 49, United States Code. 
SEC. 1080. NATURALIZATION OF CERTAIN FOREIGN NATIONALS WHO 
SERVE HONORABLY IN THE ARMED FORCES DURING A 
PERIOD OF CONFLICT. 
(a) IN GENERAL.—Section 329(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1440(a)(1)) is amended— 
(1) by inserting ", reenlistment, extension of enlistment," 
after "at the time of enlistment"; and 
(2) by inserting "or on board a public vessel owned or 
operated by the United States for noncommercial service," after 
"United States, the Canal Zone, American Samoa, or Swains 
Island,". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to enlistments, reenlistments, extensions 
of enlistment, and inductions of persons occurring on or after the 
date of the enactment of this Act. 
!Ui 
8USC1440note. 
lOUSClUnote. 
SEC. 1081. APPLICABILITY OF CERTAIN PAY AUTHORITIES TO 
MEMBERS 
OF 
SPECIFIED 
INDEPENDENT 
STUDY 
ORGANIZATIONS. 
(a) 
APPLICABILITY OF CERTAIN PAY AUTHORITIES.—(1) 
An 
individual who is a member of a commission or panel specified 
in subsection (b) and is an annuitant otherwise covered by section 
8344 or 8468 of title 5, United States Code, by reason of membership 
on the commission or panel is not subject to the provisions of 
that section with respect to such membership. 
(2) An individual who is a member of a commission or panel 
specified in subsection (b) and is a member or former member 
of a uniformed service is not subject to the provisions of subsections 
(b) and (c) of section 5532 of such title with respect to membership 
on the commission or panel. 
(b) SPECIFIED ENTITIES.—Subsection (a) appHes— 
Effective date. 
(1) effective as of September 23, 1996, to members of the 
National Defense Panel established by section 924 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2626); and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1917 
(2) effective as of October 9, 1996, to members of the 
Effective date. 
Commission on Servicemembers and Veterans 
Transition 
Assistance established by section 701 of the Veterans' Benefits 
Improvements Act of 1996 (Pubhc Law 104-275; 110 Stat. 
3346; 38 U.S.C. 545 note). 
SEC. 1082. DISPLAY OF POW/MIA FLAG. 
36 USC 189a. 
(a) REQUIRED DISPLAY.—The POW/MIA flag shall be displayed 
at the locations specified in subsection (c) on POW/MIA flag display 
days. Such display shall serve (1) as the symbol of the Nation's 
concern and commitment to achieving the fullest possible accounting 
of Americans who, having been prisoners of war or missing in 
action, still remain unaccounted for, and (2) as the symbol of the 
Nation's commitment to achieving the fullest possible accounting 
for Americans who in the future may become prisoners of war, 
missing in action, or otherwise unaccounted for as a result of 
hostile action. 
(b) DAYS FOR FLAG DISPLAY.—(1) For purposes of this section, 
POW/MIA flag display days are the following: 
(A) A^med Forces Day, the third Saturday in May. 
(B) Memorial Day, the last Monday in May. 
(C) Flag Day, June 14. 
(D) Independence Day, July 4. 
(E) National POW/MIA Recognition Day. 
(F) Veterans Day, November 11. 
(2) In addition to the days specified in paragraph (1), POW/ 
MIA flag display days include— 
(A) in the case of display at medical centers of the Depart-
ment of Veterans Affairs (required by subsection (c)(7)), any 
day on which the flag of the United States is displayed; and 
(B) in the case of display at United States Postal Service 
post offices (required by subsection (c)(8)), the last business 
day before a day specified in paragraph (1) that in any year 
is not itself a business day. 
(c) LOCATIONS FOR FLAG DISPLAY.—The locations for the display 
of the POW/MIA flag under subsection (a) are the following: 
(1) The Capitol. 
(2) The White House. 
(3) The Korean War Veterans Memorial and the Vietnam 
Veterans Memorial. 
(4) Each national cemetery. 
(5) The buildings containing the official office o
f
— 
(A) the Secretary of State; 
(B) the Secretary of Defense; 
(C) the Secretary of Veterems Affairs; and 
(D) the Director of the Selective Service System. 
(6) Each major military installation, as designated by the 
Secretary of Defense. 
(7) Each medical center of the Department of Veterans 
Affairs. 
(8) Each United States Postal Service post office. 
(d) COORDINATION WITH OTHER DISPLAY REQUIREMENT.—Dis-
play of the POW/MIA flag at the Capitol pursuant to paragraph 
(1) of subsection (c) is in addition to the display of that flag in 
the Rotunda of the Capitol pursuant to Senate Concurrent Resolu-
tion 5 of the 101st Congress, agreed to on February 22, 1989 
(103 Stat. 2533). 
I l l STAT. 1918 
PUBLIC LAW 105-85—NOV. 18, 1997 
(e) DISPLAY TO B E IN A MANNER VISIBLE TO THE PUBLIC— 
Display of the POW/MIA flag pursuant to this section shall be 
in a manner designed to ensure visibility to the public. 
if) LIMITATION.—This section may not be construed or applied 
so as to require any employee to report to work solely for the 
purpose of providing for the display of the POW/MIA flag. 
(g) POW/MIA FLAG DEFINED.—As used in this section, the 
term "POW/MIA flag" means the National League of Families POW/ 
MIA flag recognized officially and designated by section 2 of Public 
Law 101-355 (36 U.S.C. 189). 
(h) REGULATIONS FOR IMPLEMENTATION.—Not later than 180 
days after the date of the enactment of this Act, the head of 
each department, agency, or other establishment responsible for 
a location specified in subsection (c) (other than the Capitol) shall 
prescribe such regulations as necessary to carry out this section. 
(i) PROCUREMENT AND DISTRIBUTION OF FLAGS.—Not later than 
30 days after the date of the enactment of this Act, the Adminis-
trator of General Services shall procure POW/MIA flags and distrib-
ute them as necessary to carry out this section. 
(j) REPEAL OF SUPERSEDED LAW.—Section 1084 of Public Law 
102-190 (36 U.S.C. 189 note) is repealed. 
10 use 113 note. 
SEC. 1083. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE 
KOREAN CONFLICT. 
(a) COMMEMORATIVE PROGRAM.—The Secretary of Defense may 
conduct a program to commemorate the 50th anniversary of the 
Korean conflict. In conducting the commemorative program, the 
Secretary may coordinate, support, and facilitate other programs 
and activities of the Federal Government, State and local govern-
ments, and other persons in commemoration of the Korean conflict. 
(b) COMMEMORATIVE ACTIVITIES.—The commemorative program 
may include activities and ceremonies— 
(1) to provide the people of the United States with a clear 
understanding and appreciation of the lessons and history of 
the Korean conflict; 
(2) to thank and honor veterans of the Korean conflict 
and their families; 
(3) to pay tribute to the sacrifices and contributions made 
on the home fi*ont by the people of the United States during 
the Korean conflict; 
(4) to highlight advances in technology, science, and medi-
cine related to military research conducted during the Korean 
conflict; 
(5) to recognize the contributions and sacrifices made by 
the allies of the United States in the Korean conflict; and 
(6) to highlight the role of the Armed Forces of the United 
States, then and now, in maintaining world peace through 
strength. 
(c) NAMES AND SYMBOLS.—The Secretary of Defense shall have 
the sole and exclusive right to use the names "The Department 
of Defense Korean Conflict Commemoration", and such seal, 
emblems, and badges incorporating such name as the Secretary 
may lawfully adopt. Nothing in this section may be construed 
to supersede rights that are established or vested before the date 
of the enactment of this Act. 
(d) COMMEMORATIVE ACCOUNT.—(1) There is established in the 
Treasury an account to be known as the "Department of Defense 
PUBLIC LAW 105-85—NPV. 18, 1997 
111 STAT. 1919 
Korean Conflict Commemoration Account", which shall be adminis-
tered by the Secretary of Defense. There shall be deposited into 
the account all proceeds derived from the Secretary's use of the 
exclusive rights described in subsection (c). The Secretary may 
use funds in the account only for the purpose of conducting the 
commemorative program. 
(2) Not later than 60 days after completion of all activities Reports. 
and ceremonies conducted as part of the commemorative program, 
the Secretary shall submit to Congress a report containing an 
accounting of all of the funds deposited into and expended from 
the account or otherwise expended under this section, and of any 
funds remaining in the account. Unobligated funds remaining in 
the account on that date shall be held in the account until trans-
ferred by law. 
(e) ACCEPTANCE OF VOLUNTARY SERVICES.—(1) Notwithstanding 
section 1342 of title 31, United States Code, the Secretary of Defense 
may accept from any person voluntary services to be provided 
in furtherance of the commemorative program. 
(2) A person providing voluntary services under this subsection 
shall be considered to be a Federal employee for purposes of chapter 
81 of title 5, United States Code, relating to compensation for 
work-related injuries. The person shall also be considered a special 
governmental employee for purposes of standards of conduct and 
sections 202, 203, 205, 207, 208, and 209 of title 18, United States 
Code. A person who is not otherwise employed by the Federal 
Government shall not be considered to be a Federal employee 
for any other purpose by reason of the provision of voluntary serv-
ices under this subsection. 
(3) The Secretary may provide for reimbursement of incidental 
expenses incurred by a person providing voluntary services under 
this subsection. The Secretary shall determine which expenses are 
eligible for reimbursement under this paragraph. 
(f) LIMITATION ON EXPENDITURES.—Total expenditures to carry 
out the commemorative program may not exceed $100,000. 
SEC. 1084. COMMENDATION OF MEMBERS OF THE ARMED FORCES 
10 USC note 
AND GOVERNMENT CIVILIAN PERSONNEL WHO SERVED prec. 1121. 
DURING THE COLD WAR; CERTIFICATE OF RECOGNITION. 
(a) FINDINGS.—The Congress finds the following: 
(1) During the period of the Cold War, from the end of 
World War II until the collapse of the Soviet Union in 1991, 
the United States and the Soviet Union engaged in a global 
military rivalry. 
(2) This rivalry, potentially the most dangerous military 
confrontation in the history of mankind, has come to a close 
without a direct superpower military conflict. 
(3) Military and civilian personnel of the Department of 
Defense, personnel in the intelligence community, members 
of the foreign service, and other officers and employees of 
the United States faithfully performed their duties during the 
Cold War. 
(4) Many such personnel performed their duties while 
isolated from family and friends and served overseas under 
frequently arduous conditions in order to protect the United 
States and achieve a lasting peace. 
(5) The discipline and dedication of those personnel were 
fundamental to the prevention of a superpower military conflict. 
I l l STAT. 1920 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) CONGRESSIONAL COMMENDATION.—The Congress hereby 
commends the members of the Armed Forces and civihan personnel 
of the Government who contributed to the historic victory in the 
Cold War and expresses its gratitude and appreciation for their 
service and sacrifices. 
(c) CERTIFICATES OF RECOGNITION.—The Secretary of Defense 
shall prepare a certificate i-ecognizing the Cold War service of 
qualifying members of the Armed Forces and civilian personnel 
of the Department of Defense and other Government agencies 
contributing to national security, as determined by the Secretary, 
£ind shall provide the certificate to such members and civilian 
personnel upon request. 
SEC. 
1
0
8
5
. 
SENSE 
OF 
CONGRESS 
ON 
GRANTDSfG 
OF 
STATUTORY 
FED-
ERAL 
CHARTERS. 
(a) FINDINGS.—Congress finds that the practice of providing 
by statute Federal charters to certain nonprofit organizations— 
(1) may be perceived as impl)ring a Government imprimatur 
of approval of those organizations; and 
(2) may mistakenly lead to public perception that the 
United States ensures the integrity and worthiness of those 
organizations. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) that because of the perceived implicit Government 
imprimatur of approval conveyed by enactment of a Federal 
charter for an organization, such a charter should be granted 
only in the rarest and most extraordinary cases; and 
(2) that no statutory Federal charter should be enacted 
after the enactment of this Act unless the charter is approved 
by Congress upon favorable report by the committees of jurisdic-
tion of the respective Houses. 
SEC. 1086. SENSE OF CONGRESS REGARDING MILITARY VOTING 
RIGHTS. 
(a) FINDINGS.—Congress finds that— 
(1) members of the Armed Forces have a fundamental 
right to vote in Federal, State, and local elections; and 
(2) an extended absence of a member of the Armed Forces 
fi*om the place of the member's residency or domicile due to 
military or naval orders is not of itself grounds to consider 
the member's residency or domicile as lost or changed. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense, in consultation with the Attorney General, 
should review how best to protect the right of members of the 
Armed Forces to vote in Federal, State, and local elections while 
taking into account the right of States to prescribe requirements 
for voter registration. Such a review should include an assessment 
of challenges to military voting rights and consideration of possible 
legislative remedies to ensure that, for purposes of voting in Federal, 
State, and local elections, a member of the Armed Forces who 
is absent from a State in compliance with military or naval orders 
is not, solely by reason of that absence, considered to have lost 
or changed residency or domicile. 
SEC. 1087. DESIGNATION OF BOB HOPE AS AN HONORARY VETERAN 
OF THE ARMED FORCES OF THE UNITED STATES. 
(a) FINDINGS.—Congress makes the following findings: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1921 
(1) In its more than 200 years of existence as a nation, 
the United States has never conferred on any person the status 
of being an honorary veteran of the Armed Forces of the United 
States. 
(2) Status as an honorary veteran of the Armed Forces 
of the United States is and should remain an extraordinary 
honor not Hghtly conferred nor frequently granted. 
(3) The lifetime of accomplishments and service of Leslie 
Townes (Bob) Hope on behalf of members of the Armed Forces 
of the United States fiiUy justifies the conferring of that status. 
(4) Bob Hope attempted to enlist in the Armed Forces 
to serve his country during World War II but was informed 
that the greatest service he could provide his country was 
as a civilian entertainer for the troops. 
(5) During World War II, the Korean Conflict, the Vietnam 
War, the Persian Gulf War, and the Cold War, Bob Hope 
travelled to visit and entertain millions of members of the 
Armed Forces in numerous countries, on ships at sea, and 
in combat zones ashore. 
(6) Bob Hope has been awarded the Congressional Gold 
Medal, the Presidential Medal of Freedom, the Distinguished 
Service Medal of each of the branches of the Armed Forces 
and more than 100 other citations and awards from national 
veterans service organizations and civic and humanitarian 
organizations. 
(7) Bob Hope has given unselfishly of himself for over 
half a century to be with Americsm service members on foreign 
shores, working tirelessly to bring a spirit of humor and cheer 
to millions of service members during their loneliest moments, 
and has, thereby, extended to them for the American people 
a touch of home away from home. 
(b) 
DESIGNATION OF BOB HOPE AS HONORARY VETERAN.— 
Congress— 
(1) extends its gratitude, on behalf of the American people, 
to Leslie Townes (Bob) Hope, of the State of California, for 
his lifetime of accomplishments and service on behalf of mem-
bers of the Armed Forces of the United States; and 
(2) hereby confers upon him the status of being an honorary 
veteran of the Armed Forces of the United States. 
SEC. 1088. FIVE-YEAR EXTENSION OF AVIATION INSURANCE PROGRAM. 
(a) EXTENSION.—Section 44310 of title 49, United States Code, 
is amended by striking out "September 30, 1997" and inserting 
in lieu thereof "September 30, 2002". 
(b) EFFECTIVE DATE.—This section shall take effect as of 49 use 443X0 
September 30, 1997. 
note. 
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. 
I l l STAT. 1922 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
Reports. 
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPART-
MENT OF DEFENSE PERSONNEL. 
Section 129 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(f)(1) Not later than February 1 of each year, the Secretary 
of each military department and the head of each Defense Agency 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives a report on the management of the civilian workforce under 
the jurisdiction of that official. 
"(2) Each report of an official under paragraph (1) shall contain 
the following: 
"(A) The official's certification (i) that the civilian workforce 
under the jurisdiction of the official is not subject to any con-
straint or limitation in terms of man years, end strength, 
full-time equivalent positions, or maximum number of employ-
ees, and (ii) that, during the 12 months preceding the date 
on which the report is due, such workforce has not been subject 
to Einy such constraint or limitation. 
"(B) A description of how the civilian workforce is managed. 
"(C) A detailed description of the anal3^ical tools used 
to determine civilian workforce requirements during the 12-
month period referred to in subparagraph (A).". 
SEC. 1102. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS 
WHO SERVED ON ACTIVE DUTY DURING THE PERSIAN 
GULF WAR. 
(a) DEFINITION OF VETERAN FOR PURPOSES OF PREFERENCE 
ELIGIBLE STATUS.—Section 2108 of title 5, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) by striking "or" at the end of subparagraph (A); 
(B) by inserting "or" at the end of subparagraph (B); 
and 
(C) by inserting after subparagraph (B) the following 
new subparagraph: 
"(C) served on active duty as defined by section 101(21) 
of title 38 in the armed forces during the period beginning 
on August 2, 1990, and ending on January 2, 1992;"; and 
(2) in paragraph (3)(B), by inserting "or (C)" after "para-
graph (1)(B)". 
(b) ADDITIONAL POINTS.—Section 3309(2) of such title is amend-
ed by striking "2108(3)(A)" and inserting "2108(3)(A)-(B)". 
(c) TECHNICAL AMENDMENTS.—Section 2108(1)(B) of such title 
is further amended— 
(1) by striking "the date of enactment of the Veterans' 
Education and Employment Assistance Act of 1976," and insert-
ing "October 15, 1976,"; and 
(2) by striking "511(d) of title 10" and inserting "12103(d) 
of title 10". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1923 
SEC. 1103. REPEAL OF DEADLINE FOR PLACEMENT CONSmERATION 
OF INVOLUNTARILY SEPARATED MILITARY RESERVE 
TECHNICIANS. 
(a) REPEAL OF DEADLINE.—Section 3329(b) of title 5, United 
States Code, is amended by striking out "not later than 6 months 
after the date of the application". 
(b) TECHNICAL CORRECTION.—Such section is further amended 
by striking out "a position described in subsection (c)" the second 
place it appears. 
SEC. 
1104. 
RATE OF 
PAY 
OF 
DEPARTMENT OF 
DEFENSE OVERSEAS 
TEACHERS UPON TRANSFER TO GENERAL SCHEDULE 
POSITION. 
(a) PREVENTION OF EXCESSIVE INCREASES.—Section 5334(d) of Regulations. 
title 5, United States Code, is amended by striking out "20 percent" 
and all that follows and inserting in lieu thereof "an amount deter-
mined under regulations which the Secretary of Defense shall pre-
scribe for the determination of the yearly rate of pay of the position. 
The amount by which a rate of pay is increased under the regula-
tions may not exceed the amount equal to 20 percent of that 
rate of pay.". 
(b) EFFECTIVE DATE AND SAVINGS PROVISION.—(1) The amend- 
5 use 5334 note. 
ment made by subsection (a) shall take effect 180 days after the 
date of the enactment of this Act. 
(2) In the case of a person who is employed in a teaching 
position referred to in section 5334(d) of title 5, United States 
Code, on the day before the effective date under paragraph (1), 
the rate of pay of that person determined under that section (as 
in effect on that day) may not be reduced by reason of the amend-
ment made by subsection (a) for so long as the person continues 
to serve in that position or another such position without a break 
in service of more than three days on or after that day. 
SEC. 1105. GARNISHMENT AND INVOLUNTARY ALLOTMENT. 
Section 5520a of title 5, United States Code, is amended— 
(1) in subsection (j), by striking out paragraph (2) and 
inserting in lieu thereof the following new paragraph: 
"(2) Such regulations shall provide that an agenc/s administra-
tive costs in executing a garnishment action may be added to 
the garnishment, and that the agency may retain costs recovered 
as offsetting collections."; 
(2) in subsection (k)— 
(A) by striking out paragraph (3); and 
(B) by redesignating paragraph (4) as paragraph (3); 
and 
(3) by striking out subsection (1). 
SEC. 1106. EXTENSION AND REVISION OF VOLUNTARY SEPARATION 
INCENTIVE PAY AUTHORITY. 
(a) REMITTANCE TO CSRS FuND.—Section 5597 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(h)(1)(A) In addition to any other payment that it is required 
to make under subchapter III of chapter 83 or chapter 84, the 
Department of Defense shall remit to the Office of Personnel 
Management an amount equal to 15 percent of the final basic 
pay of each covered employee. 
I l l STAT. 1924 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(B) If the employee is one with respect to whom a remittance 
would otherwise be required under section 4(a) of the Federal 
Workforce Restructuring Act of 1994 based on the separation 
involved, the remittance under this subsection shall be instead 
of the remittance otherwise required under such section 4(a). 
"(2) Amounts remitted under paragraph (1) shall be deposited 
in the Treasury of the United States to the credit of the Civil 
Service Retirement and Disability Fund. 
"(3) For the purposes of this subsection— 
"(A) the term 'covered employee' means an employee who 
is subject to subchapter III of chapter 83 or chapter 84 and 
to whom a voluntary separation incentive has been paid under 
this section on the basis of a separation occurring on or after 
October 1, 1997; and 
"(B) the term 'final basic pay' has the meaning given such 
term in section 4(a)(2) of the Federal Workforce Restructuring 
Act of 1994.". 
(b) EXTENSION OF AUTHORITY.—(1) Subsection (e) of section 
5597 of title 5, United States Code, is amended by striking out 
"September 30, 1999" and inserting in lieu thereof "September 
30, 2001". 
(2) Section 4436(d)(2) of the Defense Conversion, Reinvestment, 
and Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is 
amended by striking out "January 1, 2000" and inserting in lieu 
thereof "January 1, 2002". 
SEC. 
1107. USE OF APPROVED FIRE-SAFE ACCOMMODATIONS BY 
GOVERNMENT EMPLOYEES ON OFFICIAL BUSINESS. 
(a) PERCENTAGE USE REQUIREMENT.—Section 5707a of title 5, 
United States Code, is amended— 
(1) by redesignating subsections (a) through (d) as sub-
sections (b) through (e), respectively; and 
(2) by inserting after the section heading the following 
new subsection: 
"(a)(1) For the purpose of making payments under this chapter 
for lodging expenses incurred in a State, each agency shall ensure 
that not less than 90 percent of the commercial-lodging room nights 
for employees of that agency for a fiscal year are booked in approved 
places of public accommodation. 
Regulations. 
"(2) Each agency shall establish explicit procedures to satisfy 
the percentage requirement of paragraph (1). 
"(3) An agency shall be considered to be in compliance with 
the percentage requirement of paragraph (1) until September 30, 
2002, and after that date if travel arrangements of the agency, 
whether made for civilian employees, members of the uniformed 
services, or foreign service personnel, are made through travel 
management processes designed to book commercial lodging in 
approved places of public accommodation, whenever available.". 
(b) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
"(f) For purposes of this section: 
"(1) The term 'agency' does not include the government 
of the District of Columbia. 
"(2) The term 'approved places of public accommodation' 
means hotels, motels, and other places of public accommodation 
that are listed by the Director of the Federal Emergency 
Management Agency as meeting the requirements of the fire 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1925 
prevention and control guidelines described in section 29 of 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
2225). 
"(3) The term 'State' means any State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, the Virgin Islands, Guam, American 
Samoa, or any other territory or possession of the United 
States.". 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (b), as redesignated by subsection (a)(1)— 
(A) by striking out "places of public accommodation 
that meet the requirements of the fire prevention and 
control guidelines described in section 29 of the Federal 
Fire Prevention and Control Act of 1974" and inserting 
in lieu thereof "approved places of public accommodation"; 
and 
(B) by striking out "as defined in section 4 of the 
Federal Fire Prevention and Control Act of 1974"; 
(2) in subsection (c), as redesignated by subsection (a)(1), 
by striking out "does not meet the requirements of the fire 
prevention and control guidelines described in section 29 of 
the Federal Fire Prevention and Control Act of 1974" and 
inserting in lieu thereof "is not an approved place of public 
accommodation"; and 
(3) in subsection (e), as redesignated by subsection (a)(1)— 
(A) by striking out "encourage" and inserting in lieu 
thereof "facilitate the ability of"; and 
(B) by striking out "places of public accommodation 
that meet the requirements of the fire prevention and 
control guidelines described in section 29 of the Federal 
Fire Prevention and Control Act of 1974" and inserting 
in lieu thereof "approved places of public accommodation". 
(d) REPORT BY FEDERAL EMERGENCY MANAGEMENT AGENCY.— 
Not later than six months after the date of the enactment of 
this Act, the Director of the Federal Emergency Management 
Agency shall submit to Congress a report describing the procedures 
to be used to ensure that all approved places of public accommoda-
tion (within the meaning of section 5707a(f)(2) of title 5, United 
States Code, as added by subsection (b)) appear on the national 
master list maintained by the Director under section 28(b) of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2224(b)) 
of all of the places of public accommodation affecting commerce 
located in each State that meet the requirements of the fire preven-
tion and control guidelines described in section 29 of such Act 
(15 U.S.C. 2225). 
(e) REPORT ON IMPLEMENTATION.—Not later than one year after 
the date of the enactment of this Act, the Administrator of General 
Services shall submit to Congress a report describing the measures 
that have been taken and will be taken by Federal agencies to 
comply with the requirement that not less than 90 percent of 
the commercial-lodging room nights for employees of each Federal 
agency for a fiscal year are booked in approved places of public 
accommodation, as specified in section 5707a(a) of title 5, United 
States Code, as added by subsection (a). Measures to satisfy such 
I l l STAT. 1926 
PUBLIC LAW 105-85—NOV. 18, 1997 
requirement may include the use of contract travel agents, auto-
mated booking systems, and data developed from travel payment 
systems. The Administrator shall prepare the report in consultation 
with the heads of the Federal agencies subject to such requirement. 
10 use 5013 
SEC. 1108. NAVY HIGHER EDUCATION PILOT PROGRAM REGARDING 
note. 
ADMINISTRATION 
OF 
BUSINESS 
RELATIONSHIPS 
BETWEEN GOVERNMENT AND PRIVATE SECTOR. 
(a) PILOT PROJECT AUTHORIZED.—During fiscal years 1998 
through 2002, the Secretary of the Navy may establish and conduct 
a pilot program of graduate-level higher education regarding the 
administration of business relationships between the Government 
and the private sector. 
(b) PURPOSE.—The purpose of the pilot program is to make 
available to employees of the Naval Undersea Warfare Center, 
employees of the Naval Sea Systems Command, and employees 
of the Acquisition Center for Excellence of the Navy (upon establish-
ment of such Acquisition Center), a curriculum of graduate-level 
higher education leading to the award of a graduate degree designed 
to prepare participants effectively to meet the challenges of admin-
istering Government contracting and other business relationships 
between the United States and private sector businesses in the 
context of constantly changing or newly emerging industries, tech-
nologies, governmental organizations, policies, and procedures 
(including governmental organizations, policies, and procedures rec-
ommended in the National Performance Review). 
(c) PARTNERSHIP WITH INSTITUTION OF HIGHER EDUCATION.— 
(1) The Secretary of the Navy may enter into an agreement with 
an institution of higher education to assist the Naval Undersea 
Warfare Center with the development of the curriculum for the 
pilot program, to offer courses and provide instruction and materials 
to participants to the extent provided for in the agreement, to 
provide such other assistance in support of the program as may 
be provided for in the agreement, and to award a graduate degree 
under the program. 
(2) To be eligible to enter into £in agreement under paragraph 
(1), an institution of higher education must have an established 
program of graduate-level education that is relevant to the purpose 
of the pilot program. 
(d) CURRICULUM.—The curriculum offered under the pilot 
program shall— 
(1) be designed specifically to achieve the purpose of the 
pilot program; and 
(2) include courses that are— 
(A) t5TDically offered under curricula leading to award 
of the degree of Master of Business Administration by 
institutions of higher education; and 
(B) necessary for meeting educational qualification 
requirements for certification as an acquisition program 
manager. 
(e) DISTANCE LEARNING OPTION.—The Secretary of the Navy 
may include as part of the pilot program policies and procedures 
for offering distance learning instruction by means of telecommuni-
cations, correspondence, or other methods for off-site receipt of 
instruction. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1927 
(f) REPORT.—Not later than 90 days after the termination of 
the pilot program, the Secretary of the Navy shall submit to Con-
gress a report containing— 
(1) an assessment by the Secretary of the value of the 
program for meeting the purpose of the program and the desir-
ability of permanently establishing a similar program for other 
employees of the Department of Defense; and 
(2) such other information and recommendations regarding 
the program as the Secretary considers appropriate. 
(g) LIMITATION ON FUNDING SOURCE.—Any funds required for 
the pilot program for a fiscal year shall be derived only from 
the appropriation "Operation and Maintenance, Navy" for that fiscal 
year. 
SEC. 1109. AUTHORITY FOR MARINE CORPS UNIVERSITY TO EMPLOY 
CIVILIAN FACULTY MEMBERS. 
(a) EXPANDED AUTHORITY.—Subsections (a) and (c) of section 
7478 of title 10, United States Code, are amended by striking 
out "at the Marine Corps Command and Staff College" and inserting 
in lieu thereof "of the Marine Corps University". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§7478. Naval War College and Marine Corps University: 
civilian faculty members". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 643 of such title is amended to read 
as follows: 
"7478. Naval War College and Marine Corps University: 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. 
I l l STAT. 1928 
PUBLIC LAW 105-85—NOV. 18, 1997 
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. 
Subtitle A—United States Armed Forces in 
Bosnia and Herzegovina 
SEC. 1201. FINDINGS. 
The Congress finds the following: 
(1) United States Armed Forces were deployed to the 
Republic of Bosnia and Herzegovina as part of the North Atlan-
tic Treaty Organization (NATO) Implementation Force (IFOR) 
to implement the military aspects of the Dayton Peace Agree-
ment. 
(2) The military aspects of the Dayton Peace Agreement 
have been successfully implemented to date with the military 
forces of the warring factions successfully separated and a 
cessation in the hostilities that resulted in the deaths of hun-
dreds of thousands of Bosnians. 
(3) Implementation of the civil aspects of the Da5^on Peace 
Agreement has lagged far behind the schedule for such 
implementation envisioned in the Agreement with the result 
that United States Armed Forces have undertaken a prolonged 
engagement in the Republic of Bosnia and Herzegovina. 
(4) On December 13, 1995, the President stated in a letter 
to Congress, "NATO and U.S. military commanders believe, 
and I expect, that the military mission can be accomplished 
in about a year. Twelve months will allow IFOR time to com-
plete the military tasks assigned in the Dayton agreement 
and to establish a secure environment, in which political and 
economic reconstruction efforts by the parties and international 
civilian agencies can take hold. Within one year, we expect 
that the military provisions of the Da5^on agreement will have 
been carried out, implementation of the civilian aspects and 
economic reconstruction will have been firmly launched, free 
elections will have been held under international supervision 
and a stable military balance will have been established." 
(5) Notwithstanding a number of assurances relating to 
the accomplishment of the military mission in the Republic 
of Bosnia and Herzegovina by December 1996, the President, 
on November 15, 1996, announced his decision to extend the 
presence of United States forces in the Republic of Bosnia 
and Herzegovina to participate in the NATO Stabilization Force 
(SFOR) until June 1998. 
(6) Despite initial projections by the Department of Defense 
that the costs of United States operations in the Republic 
of Bosnia and Herzegovina would total $1,500,000,000, the 
projected cost of United States operations in the Republic of 
Bosnia and Herzegovina through June 1998 is estimated to 
exceed $7,000,000,000. 
(7) The fiscal year 1998 estimate of the Department of 
Defense for operations in the Republic of Bosnia 
and 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1929 
Herzegovina assumes that the level of military forces participat-
ing in SFOR will be reduced soon after the start of the fiscal 
year. 
(8) The President and the Secretary of Defense have stated 
that United States forces are to be withdrawn from the Republic 
of Bosnia and Herzegovina by the end of June 1998. 
SEC. 1202. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) United States ground combat forces should not partici-
pate in a follow-on force in the Republic of Bosnia and 
Herzegovina after June 1998; 
(2) the European Security and Defense Identity, which, 
as facilitated by the Combined Joint Task Forces concept, 
enables the Western European Union, with the consent of the 
North Atlantic Alliance, to assume political control and strate-
gic direction of NATO assets made available for the Alliance, 
may be an ideal instrument for a follow-on force for the Republic 
of Bosnia and Herzegovina; 
(3) a NATO-led force without the participation of United 
States ground combat forces in the Republic of Bosnia and 
Herzegovina may be suitable for a follow-on force for the Repub-
lic of Bosnia and Herzegovina if the European Security and 
Defense Identity is not sufficiently developed or is otherwise 
considered inappropriate for such a mission; 
(4) the United States may decide to provide appropriate 
support to a Western European Union-led or NATO-led follow-
on force, including command and control, intelligence, logistics, 
and, if necessary, a ready reserve force in the region; 
(5) the President should inform our European NATO allies 
of this expression of the sense of Congress and should urge 
them strongly to undertake preparations for a Western Euro-
pean Union-led or NATO-led force as a follow-on force to the 
NATO-led SFOR if needed to maintain peace and stability 
in the Republic of Bosnia and Herzegovina; and 
(6) the President should consult with the Congress with 
respect to any support to be provided to a Western European 
Union-led or NATO-led follow-on force in the Republic of Bosnia 
and Herzegovina after June 30, 1998. 
SEC. 1203. WITHDRAWAL OF UNITED STATES GROUND FORCES FROM 
10 USC 114 note. 
REPUBLIC OF BOSNIA AND HERZEGOVINA. 
(a) LIMITATION.—No funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1998 or 
any subsequent fiscal year may be used for the deployment of 
any United States ground combat forces in the Republic of Bosnia 
and Herzegovina after June 30, 1998, unless the President, not 
later than May 15, 1998, and after consultation with the bipartisan 
leadership of the two Houses of Congress, transmits to Congress 
a certification— 
(1) that the continued presence of United States ground 
combat forces, after June 30, 1998, in the Republic of Bosnia 
£ind Herzegovina is required in order to meet the national 
security interests of the United States; and 
(2) that after June 30, 1998, it will remain United States 
policy that United States ground forces will not serve as, or 
be used as, civil police in the Republic of Bosnia and 
Herzegovina. 
I l l STAT. 1930 
PUBLIC LAW 105-85—NOV. 18, 1997 
President. 
(b) REPORT.—The President shall submit with the certification 
under subsection (a) a report that includes the following: 
(1) The reasons why that presence is in the national secu-
rity interest of the United States. 
(2) The number of United States military personnel to 
be deployed in and around the Republic of Bosnia and 
Herzegovina and other areas of the former Yugoslavia after 
that date. 
(3) The expected duration of any such deployment. 
(4) The mission and objectives of the United States Armed 
Forces to be deployed in and around the Republic of Bosnia 
and Herzegovina and other areas of the former Yugoslavia 
after June 30, 1998. 
(5) The exit strategy of such forces. 
(6) The incremental costs associated with any such deploy-
ment. 
(7) The effect of such deployment on the morale, retention, 
and effectiveness of United States armed forces. 
(8) A description of the forces from other nations involved 
in a follow-on mission, shown on a nation-by-nation basis. 
(9) A description of the command and control arrangement 
established for United States forces involved in a follow-on 
mission. 
^ 
(10) An assessment of the expected threats to United States 
forces involved in a follow-on mission. 
(11) The plan for rotating units and personnel to and 
from the Republic of Bosnia and Herzegovina during a follow-
on mission, including the level of participation by reserve 
component units and personnel. 
(12) The mission statement and operational goals of the 
United States forces involved in a follow-on mission. 
(c) REQUEST FOR SUPPLEMENTAL APPROPRL^TIONS.—The Presi-
dent shall transmit to Congress with a certification under subsection 
(a) a supplemental appropriations request for the Department of 
Defense for such amounts as are necessary for the costs of any 
continued deplo)nnent beyond June 30, 1998. 
(d) CONSTRUCTION WITH PRESIDENT'S CONSTITUTIONAL AUTHOR-
ITY.—Nothing in this section shall be deemed to restrict the author-
ity of the President under the Constitution to protect the lives 
of United States citizens. 
(e) 
CONSTRUCTION 
WITH 
APPROPRIATIONS 
PROVISION.—The 
provisions of this section are enacted, and shall be applied, as 
supplemental to (and not in lieu of) the provisions of section 8132 
of the Department of Defense Appropriations Act, 1998 (Public 
Law 105-56). 
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED 
OUT BY UNITED STATES FORCES. 
(a) REQUIREMENT FOR TWO REPORTS.—The Secretary of Defense 
shall submit to the congressional defense committees— 
(1) not later than December 15, 1997, a report identifying 
each activity being carried out, as of December 1, 1997, by 
covered United States forces in the Republic of Bosnia and 
Herzegovina; and 
(2) not later than April 15, 1998, a report identifying each 
activity being carried out, as of April 1, 1998, by covered 
United States forces in the Republic of Bosnia and Herzegovina. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1931 
(b) COVERED UNITED STATES FORCES.—For purposes of this 
section, covered United States forces in the Republic of Bosnia 
and Herzegovina are United States ground forces in the RepubHc 
of Bosnia and Herzegovina that are assigned to the multinational 
peacekeeping force known as the Stabilization Force (SFOR) or 
any other multinational peacekeeping force that is the successor 
to the SFOR. 
(c) MATTERS TO BE INCLUDED.—The Secretary shall include 
in each report under subsection (a), for each activity identified 
under that subsection, the following: 
(1) The number of United States military personnel 
involved in the performance of that activity. 
(2) Whether forces assigned to the SFOR (or successor 
multinational peacekeeping force) from other nations also 
participated in that activity. 
(3) The justification for using military forces rather than 
civilian organizations to perform that activity. 
(4) In the case of activities that (as determined by the 
Secretary) are considered to be supporting tasks, as that term 
is used in paragraph 3 of Article VI of Annex 1-A to the 
General Framework Agreement for Peace in Bosnia and 
Herzegovina, the justification for using military forces. 
(5) The likelihood that each such activity will have to 
be carried out by United States military forces after June 
30,1998. 
SEC. 1205. PRESroENTIAL REPORT ON SITUATION IN REPUBLIC OF 
BOSNIA AND HERZEGOVINA. 
(a) REQUIREMENT.—Not later than February 1, 1998, the Presi-
dent shall submit to Congress a report on the political and military 
conditions in the Republic of Bosnia and Herzegovina. The report 
shall be submitted in both classified and unclassified form. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include a discussion of the following: 
(1) An assessment of the progress made in implementing 
the civil, economic, £ind political aspects of the Da)^on Peace 
Agreement. 
(2) An identification of the specific steps taken to tremsfer 
the United States portion of the peacekeeping mission in the 
Republic of Bosnia and Herzegovina to forces of the member-
states of the Western European Union or to a NATO-led force 
without the participation of United States ground combat forces 
in the Republic of Bosnia and Herzegovina. 
(3) A detailed discussion of the proposed role and involve-
ment of the United States in supporting peacekeeping activities 
in the Republic of Bosnia and Herzegovina following the with-
drawal of United States ground combat forces from the Republic 
of Bosnia and Herzegovina. 
(4) A detailed explsmation and timetable for carrying out 
the commitment to withdraw all United States ground forces 
fi-om the Republic of Bosnia and Herzegovina by June 30, 
1998, including the planned date of commencement and comple-
tion of the withdrawal. 
(5) The military and political considerations that will affect 
the decision to carry out such a transition. 
(6) Any plan to maintain or expand other Bosnia-related 
operations (such as the operations designated as Operation 
I l l STAT. 1932 
PUBLIC LAW 105-85—NOV. 18, 1997 
Deliberate Guard) if tensions in the Republic of Bosnia and 
Herzegovina remain sufficient to delay reductions of United 
States military forces participating in the Stabilization Force 
and the estimated cost associated with each such operation. 
10 u s e 114 note. 
SEC. 1206. DEFINITIONS. 
As used in this subtitle: 
(1) DAYTON PEACE AGREEMENT.—The term "Dayton Peace 
Agreement" means the General Framework Agreement for 
Peace in Bosnia and Herzegovina, initialed by the parties in 
Dayton, Ohio, on November 21, 1995, and signed in Paris 
on December 14, 1995. 
(2) IMPLEMENTATION FORCE.—The term "Implementation 
Force" means the NATO-led multinational military force in 
the Republic of Bosnia and Herzegovina (commonly referred 
to as "IFOR"), authorized under the Dayton Peace Agreement. 
(3) STABILIZATION FORCE.—The term "StabiHzation Force" 
means the NATO-led follow-on force to the Implementation 
Force in the Republic of Bosnia and Herzegovina and other 
countries in the region (commonly referred to as "SFOR"), 
authorized under United Nations Security Council Resolution 
1088 (December 12, 1996). 
(4) FOLLOW-ON MISSION.—The term "follow-on mission" 
means a mission involving the deployment of ground elements 
of the United States Armed Forces in the Republic of Bosnia 
and Herzegovina after June 30, 1998 (other than as described 
in section 1203(b)). 
(5) NATO.—The term "NATO" means the North Atlantic 
Treaty Organization. 
souscapp 
Subtitle B—Export Controls on High 
2404 note. 
-rk 
<
* 
d~^ 
j . 
Perfomiance Computers 
SEC. 
1211. 
EXPORT 
APPROVALS 
FOR 
HIGH 
PERFORMANCE 
COMPUTERS. 
President. 
(a) PRIOR APPROVAL OF EXPORTS AND REEXPORTS.—The Presi-
dent shall require that no digital computer with a composite theo-
retical performance level of more than 2,000 millions of theoretical 
operations per second (MTOPS) or with such other composite theo-
retical performance level as may be established subsequently by 
the President under subsection (d), may be exported or reexported 
without a license to a country specified in subsection (b) if the 
Secretary of Commerce, the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, or the Director of the Arms 
Control and Disarmament Agency objects, in writing, to such export 
or reexport. Any person proposing to export or reexport such a 
digital computer shall so notify the Secretary of Commerce, who, 
within 24 hours after receiving the notification, shall transmit 
the notification to the Secretary of Defense, the Secretary of Energy, 
the Secretary of State, and the Director of the Arms Control and 
Disarmament Agency. 
(b) COVERED COUNTRIES.—For purposes of subsection (a), the 
countries specified in this subsection are the countries listed as 
"Computer Tier 3" eligible countries in section 740.7(d) of title 
15 of the Code of Federal Regulations, as in effect on June 10, 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1933 
1997, subject to modification by the President under subsection 
(e). 
(c) TIME LIMIT.—^Written objections under subsection (a) to 
an export or reexport shall be raised within 10 days after the 
notification is received under subsection (a). If such a written objec-
tion to the export or reexport of a computer is raised, the computer 
may be exported or reexported only pursuant to a license issued 
by the Secretary of Commerce under the Export Administration 
Regulations of the Department of Commerce, without regard to 
the licensing exceptions otherwise authorized under section 740.7 
of title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997. If no objection is raised within the 10-day period, 
the export or reexport is authorized. 
(d) ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE.— 
The President, in consultation with the Secretary of Commerce, 
the Secretary of Defense, the Secretary of Energy, the Secretary 
of State, and the Director of the Arms Control and Disarmament 
Agency, may establish a new composite theoretical performance 
level for purposes of subsection (a). Such new level shall not take 
effect until 180 days after the President submits to the congressional 
committees designated in section 1215 a report setting forth the 
new composite theoretical performance level and the justification 
for such new level. Each report shall, at a minimum— 
(1) address the extent to which high performance computers 
of a composite theoretical level between the level established 
in subsection (a) or such level as has been previously adjusted 
pursuant to this section and the new level, are available from 
other countries; 
(2) address all potential uses of military significance to 
which high performance computers at the new level could be 
applied; and 
(3) assess the impact of such uses on the national security 
interests of the United States. 
(e) ADJUSTMENT OF COVERED COUNTRIES.— 
(1) IN GENERAL.—The President, in consultation with the 
Secretary of Commerce, the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, and the Director of the 
Arms Control and Disarmament Agency, may add a country 
to or remove a country from the list of covered countries in 
subsection (b), except that a country may be removed from 
the list only in accordance with paragraph (2). 
(2) DELETIONS FROM LIST OF COVERED COUNTRIES.—The 
removal of a country from the list of covered countries under 
subsection (b) shall not take effect until 120 days after the 
President submits to the congressional committees designated 
in section 1215 a report setting forth the justification for the 
deletion. 
(3) EXCLUDED COUNTRIES.—A country may not be removed 
from the list of covered countries under subsection (b) if^ 
(A) the country is a "nuclear-weapon state" (as defined 
by Article IX of the Treaty on the Non-Proliferation of 
Nuclear Weapons) and the country is not a member of 
the North Atlantic Treaty Organization; or 
(B) the country is not a signatory of the Treaty on 
the Non-Proliferation of Nuclear Weapons and the country 
is listed on Annex 2 to the Comprehensive Nuclear Test-
Ban Treaty. 
President. 
President. 
I l l STAT. 1934 
PUBLIC LAW 105-85—NOV. 18, 1997 
(f) CLASSIFICATION.—Each report under subsections (d) and (e) 
shall be submitted in an unclassified form and may, if necessary, 
have a classified supplement. 
SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS. 
(a) REPORT.—Not later than 60 days afi:er the date of the 
enactment of this Act, the President shall provide to the congres-
sional committees specified in section 1215 a report identifjang 
all exports of digital computers with a composite theoretical 
performance of more than 2,000 millions of theoretical operations 
per second (MTOPS) to all countries since January 25, 1996. For 
each export, the report shall identify— 
(1) whether an export license was applied for and whether 
one was granted; 
(2) the date of the transfer of the computer; 
(3) the United States manufacturer and exporter of the 
computer; 
(4) the MTOPS level of the computer; and 
(5) the recipient country and end user. 
(b) ADDITIONAL INFORMATION ON EXPORTS TO CERTAIN COUN-
TRIES.—In the case of exports to countries specified in subsection 
(c), the report under subsection (a) shall identify the intended 
end use for the exported computer and the assessment by the 
executive branch of whether the end user is a military end user 
or an end user involved in activities relating to nuclear, chemical, 
or biological weapons or missile technology. Information provided 
under this subsection may be submitted in classified form if nec-
essary. 
(c) COVERED COUNTRIES.—For purposes of subsection (b), the 
countries specified in this subsection are— 
(1) the countries listed as "Computer Tier 3" eligible coun-
tries in section 740.7(d) of title 15 of the Code of Federal 
Regulations, as in effect on June 10, 1997; and 
(2) the countries listed in section 740.7(e) of title 15 of 
the Code of Federal Regulations, as in effect on June 10, 
1997. 
SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH 
PERFORMANCE COMPUTERS. 
(a) REQUIRED POST-SHIPMENT VERIFICATION.—The Secretary of 
Commerce shall conduct post-shipment verification of each digital 
computer with a composite theoretical performance of more them 
2,000 millions of theoretical operations per second (MTOPS) that 
is exported fi*om the United States, on or after the date of the 
enactment of this Act, to a country specified in subsection (b). 
(b) COVERED COUNTRIES.—For purposes of subsection (a), the 
countries specified in this subsection are the countries listed as 
"Computer Tier 3" eligible countries in section 740.7 of title 15 
of the Code of Federal Regulations, as in effect on June 10, 1997, 
subject to modification by the President under section 1211(e). 
(c) ANNUAL REPORT.—The Secretary of Commerce shall submit 
to the congressional committees specified in section 1215 an annual 
report on the results of post-shipment verifications conducted under 
this section during the preceding year. Each such report shall 
include a list of all such items exported from the United States 
to such countries during the previous year and, with respect to 
each such export, the following: 
(1) The destination country. 
'•Tj*r~-5-
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1935 
(2) The date of export. 
(3) The intended end use and intended end user. 
(4) The results of the post-shipment verification. 
(d) EXPLANATION WHEN VERIFICATION NOT CONDUCTED.—If a 
post-shipment verification has not been conducted in accordance 
with subsection (a) with respect to any such export during the 
period covered by a report, the Secretary shall include in the report 
for that period a detailed explanation of the reasons why such 
a post-shipment verification was not conducted. 
SEC. 1214. GAG STUDY ON CERTAIN COMPUTERS; END USER INFORMA-
TION ASSISTANCE. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall submit to the congressional committees specified in section 
1215 a study of the national security risks relating to the sale 
of computers with a composite theoretical performance of between 
2,000 and 7,000 millions of theoretical operations per second 
(MTOPS) to end users in countries specified in subsection (c). The 
study shall also analyze any foreign availability of computers 
described in the preceding sentence and the impact of such sales 
on United States exporters. 
(b) END USER INFORMATION ASSISTANCE TO EXPORTERS.—The 
Secretary of Commerce shall establish a procedure by which export-
ers may seek information on questionable end users in countries 
specified in subsection (c) who are seeking to obtain computers 
described in subsection (a). 
(c) COVERED COUNTRIES.—For purposes of subsections (a) and 
(b), the countries specified in this subsection are the countries 
listed as "Computer Tier 3" eligible countries in section 740.7(d) 
of title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997. 
SEC. 1215. CONGRESSIONAL COMMITTEES. 
For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a) 
the congressional committees specified in those sections are the 
following: 
(1) The Committee on Banking, Housing, £ind Urban Affairs 
and the Committee on Armed Services of the Senate. 
(2) The Committee on International Relations and the 
Committee on National Security of the House of Representa-
tives. 
Subtitle C—Other Matters 
SEC. 1221. DEFENSE BURDENSHARING. 
22 USC 1928 
(a) EFFORTS TO INCREASE ALLIED BURDENSHARING.—The Presi- ^°^' 
dent shall seek to have each nation that has cooperative military 
relations with the United States (including security agreements, 
basing arrangements, or mutual participation in multinational mili-
tary organizations or operations) teike one or more of the following 
actions: 
(1) For any nation in which United States military person-
nel are assigned to permanent duty ashore, increase its finan-
cial contributions to the payment of the nonpersonnel costs 
incurred by the United States Government for stationing United 
States military personnel in that nation, with a goal of achiev-
ing by September 30, 2000, 75 percent of such costs. An increase 
I l l STAT. 1936 
PUBLIC LAW 105-85—NOV. 18, 1997 
in financial contributions by any nation under this paragraph 
may include the elimination of taxes, fees, or other charges 
levied on United States military personnel, equipment, or facili-
ties stationed in that nation. 
(2) Increase its £innual budgetary outlays for national 
defense as a percentage of its gross domestic product by 10 
percent or at least to a level commensurate to that of the 
United States by September 30, 1998. 
(3) Increase its annual budgetary outlays for foreign assist-
since (to promote democratization, economic stabilization, trans-
parency arrangements, defense economic conversion, respect 
for the rule of law, and internationally recognized human 
rights) by 10 percent or at least to a level commensurate 
to that of the United States by September 30, 1998. 
(4) Increase the amount of military assets (including 
personnel, equipment, logistics, support and other resources) 
that it contributes, or would be prepared to contribute, to 
multinational military activities worldwide. 
(b) AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES 
ALLIES.—In seeking the actions described in subsection (a) with 
respect to any nation, or in response to a failure by any nation 
to undertake one or more of such actions, the President may take 
any of the following measures to the extent otherwise authorized 
by law: 
(1) Reduce the end strength level of members of the Armed 
Forces assigned to permanent duty ashore in that nation. 
(2) Impose on that nation fees or other charges similar 
to those that such nation imposes on United States forces 
stationed in that nation. 
(3) Reduce (through rescission, impoundment, or other 
appropriate procedures as authorized by law) the amoimt the 
United States contributes to the NATO Civil Budget, Military 
Budget, or Security Investment Program. 
(4) Suspend, modify, or terminate any bilateral security 
agreement the United States has with that nation, consistent 
with the terms of such agreement. 
(5) Reduce (through rescission, impoundment or other 
appropriate procedures as authorized by law) any United States 
bilateral assistance appropriated for that nation. 
(6) Take any other action the President determines to 
be appropriate as authorized by law. 
(c) 
REPORT 
ON 
PROGRESS 
IN 
INCREASING 
ALLIED 
BURDENSHARING.—Not later than March 1, 1998, the Secretary 
of Defense shall submit to Congress a report on— 
(1) steps taken by other nations to complete the actions 
described in subsection (a); 
(2) all measures taken by the President, including those 
authorized in subsection (b), to achieve the actions described 
in subsection (a); 
(3) the difference between the amount allocated by other 
nations for each of the actions described in subsection (a) during 
the period beginning on March 1, 1996, and ending on February 
28, 1997, and during the period beginning on March 1, 1997, 
and ending on February 28, 1998; £ind 
(4) the budgetary savings to the United States that are 
expected to accrue as a result of the steps described under 
paragraph (1). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1937 
(d) 
REPORT ON NATIONAL SECURITY BASES FOR FORWARD 
DEPLOYMENT AND BURDENSHARING RELATIONSHIPS.—(1) In order 
to ensure the best allocation of budgetary resources, the President 
shall undertake a review of the status of elements of the 
United States Armed Forces that are permanently stationed outside 
the United States. The review shall include an assessment of the 
following: 
(A) The alliance requirements that are to be found in 
agreements between the United States and other countries. 
(B) The national security interests that support perma-
nently stationing elements of the United States Armed Forces 
outside the United States. 
(C) The stationing costs associated with the forward deploy-
ment of elements of the United States Armed Forces. 
(D) The alternatives available to forward deployment (such 
as material prepositioning, enhanced airlift and sealift, or joint 
training operations) to meet such alliance requirements or 
national security interests, with such alternatives identified 
and described in detail. 
(E) The costs and force structure configurations associated 
with such alternatives to forward deployment. 
(F) The financial contributions that allies of the United 
States make to common defense efforts (to promote democra-
tization, economic stabilization, transparency arrangements, 
defense economic conversion, respect for the rule of law, and 
internationally recognized human rights). 
(G) The contributions that allies of the United States make 
to meeting the stationing costs associated with the forward 
deployment of elements of the United States Armed Forces. 
(H) The annual expenditures of the United States and 
its allies on national defense, and the relative percentages 
of each nation's gross domestic product constituted by those 
expenditures. 
(2) The President shall submit to Congress a report on the President. 
review under paragraph (1). The report shall be submitted not 
later than March 1, 1998, in classified and unclassified form. 
SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND 
NONLETHAL MILITARY EQUIPMENT UNDER ACQUISITION 
AND CROSS SERVICING AGREEMENTS. 
Section 2350(1) of title 10, United States Code, is amended 
by striking out "other items" in the second sentence and all that 
follows through "United States Munitions List" and inserting in 
lieu thereof "other nonlethal items of military equipment which 
are not designated as significant military equipment on the United 
States Munitions List promulgated". 
SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL 
COSTS OF ENLARGEMENT OF THE NORTH ATLANTIC 
TREATY ORGANIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In a report to Congress in February 1997 on the ration-
ale, benefits, costs, and implications of North Atlantic Treaty 
Organization enlargement the Secretary of Defense estimated 
that the financial cost to the United States of such enlargement 
will 
be 
modest, 
totaling 
between 
$2,000,000,000 
and 
$2,600,000,000 for the period from 1997 through 2009. 
I l l STAT. 1938 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) A study by the RAND Corporation published in 1996 
calculated that the total financial cost to the United States 
of such enlargement will be between $5,000,000,000 and 
$6,000,000,000 over the same period. 
(3) A March 1996 report by the Congressional Budget Office 
on the financial costs of enlarging the North Atlantic Treaty 
Organization alliance estimated the United States share of 
alliance enlargement costs to be between $4,800,000,000 and 
$18,900,000,000 through 2010, depending upon political devel-
opments in Europe. 
(4) An August 1997 report by the General Accounting Office 
reviewing the financial cost estimates of the Secretary of 
Defense concluded that North Atlantic Treaty Organization 
enlargement could entail additional costs beyond those included 
in the Secretar3^s estimate and questioned the validity of the 
Secretary's estimate due to the lack of supporting cost docu-
mentation and the inclusion of cost elements not related to 
NATO enlargement. 
(5) The North Atlantic Alliance is scheduled to complete 
its analysis of the military requirements for the integration 
of Poland, the Czech Republic, and Hungary into the Alliance 
in December 1997. 
(6) The North Atlantic Alliance is also scheduled to com-
plete in December 1997 its financial cost estimate of the mili-
tary requirements related to the integration of those nations. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the analysis of the North Atlantic Alliance of the military require-
ments relating to NATO enlargement and of the financial costs 
to the Alliance of NATO enlargement will be one of the major 
factors in the consideration by the Senate of the ratification of 
instruments to approve the admission of new member nations to 
the Alliance and by Congress for the authorization and appropria-
tion of the funding for the costs associated with such enlargement. 
(c) REPORT ASSESSING NATO COST ANALYSIS.—Not later than 
March 31, 1998, the Secretary of Defense shall submit to Congress 
a report providing— 
(1) an assessment of the analysis by the North Atlantic 
Alliance of the military requirements related to NATO enlarge-
ment and of the estimate of the financial costs to the NATO 
Alliance for the integration of Poland, the Czech Republic, 
and Hungary into the Alliance; 
(2) a description of the analytical means used to determine 
such requirements and costs; and 
(3) a general assessment of the additional military require-
ments and costs that would result from a significantly increased 
threat. 
(d) REPORT ON DEPARTMENT OF DEFENSE COSTS.—(1) The Sec-
retary of Defense shall submit to Congress, in conjunction with 
the submission of the President's budget for fiscal year 1999, a 
report on Department of Defense costs for NATO enlargement. 
The report shall include a detailed estimate of such costs for fiscal 
year 1998 that identifies all appropriations, by budget activity, 
for the military departments and other elements of the Department 
of Defense to support NATO enlargement. 
(2) The Secretary of Defense shall include in the budget jus-
tification materials submitted to Congress by the Secretary in sup-
port of the budget of Department of Defense for fiscal year 1999 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1939 
complete and detailed descriptions and estimates of the amounts 
provided in that budget for the costs of NATO enlargement. 
SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE 
NORTH ATLANTIC TREATY ORGANIZATION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The North Atlantic Treaty Organization (NATO) met 
on July 8 and 9, 1997, in Madrid, Spain, and issued invitations 
to the Czech Republic, Hungary, and Poland to begin accession 
talks to join NATO. 
(2) Congress has expressed its support for the process 
of NATO enlargement by approving the NATO Enlargement 
Facilitation Act of 1996 (title VI of the matter enacted in 
section 101(c) of division A of PubHc Law 104-208; 22 U.S.C. 
1928 note). 
(3) The United States has supported the position that the 
process of enlarging NATO will continue after the first round 
of invitations in July 1997. 
(4) Romania and Slovenia are to be commended for their 
E
rogress toward political and economic reform and appear to 
e striving to meet the guidelines for prospective membership 
in NATO. 
(5) In furthering the purpose and objective of NATO in 
promoting stability and well-being in the North Atlantic area, 
NATO should invite Romania and Slovenia to accession negotia-
tions to become NATO members as expeditiously as possible 
upon the satisfaction of all relevant membership criteria and 
consistent with NATO security objectives. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
North Atlantic Treaty Organization should be commended— 
(1) for having committed to review the process of enlarging 
the Organization in 1999; and 
(2) for singling out the positive developments toward 
democracy and rule of law in Romania and Slovenia. 
SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED 
STATES MILITARY PERSONNEL IN THE EAST ASIA AND 
PACIFIC REGION. 
(a) FINDINGS.—Congress finds the following: 
(1) The stability of the Asia-Pacific region is a matter 
of vital national interest affecting the well-being of all Ameri-
cans. 
(2) The nations of the Pacific Rim collectively represent 
the United States largest trading partner and are expected 
to account for almost one-third of the world's economic activity 
by the start of the next century. 
(3) The increased reliance by the United States on trade 
and Middle East oil sources has reinforced United States secu-
rity interests in the Southeast Asia shipping lanes through 
the South China Sea and the key straits of Malacca, Sunda, 
Lombok, and Makassar. 
(4) The South China Sea is an important area for United 
States Navy ships passing fi-om the Pacific to the Indian Ocean 
and the Persian Gulf. 
(5) Maintaining freedom of navigation in the South China 
Sea is an important interest of the United States. 
(6) The threats of proliferation of weapons of mass destruc-
tion, the emerging nationalism amidst long-st£inding ethnic 
I l l STAT. 1940 
PUBLIC LAW 105-85—NOV. 18, 1997 
and national rivalries, and the unresolved territorial disputes 
combine to create a political landscape of potential instability 
and conflict in this region that could jeopardize the interests 
of the United States and the safety of United States nationals. 
(7) A critical component of the East Asia strategy of the 
United States is maintaining forward deployed forces in Asia 
to ensure broad regional stability, to help to deter aggression, 
to lessen the pressure for arms races, and to contribute to 
the political and economic advances of the region from which 
the United States benefits. 
(8) The forward presence of the United States in Northeast 
Asia enables the United States to respond to regional contin-
gencies, to protect sea lines of communication, to sustain influ-
ence, and to support operations as distant as operations in 
the Persian Gulf. 
(9) The military forces of the United States serve to prevent 
the political or economic control of the Asia-Pacific region by 
a rival, hostile power or coalition of such powers, thus prevent-
ing any such group from obtaining control over the vast 
resources, enormous wealth, and advanced technology of the 
region. 
(10) Allies of the United States in the region can base 
their defense planning on a reliable American security commit-
ment, a reduction of which could stimulate an arms buildup 
in the region. 
(11) The Joint Announcement of the United States-Japan 
Security Consultative Committee of December 1996, acknowl-
edged that "the forward presence of U.S. forces continues to 
be an essential element for pursuing our common security 
objectives". 
(12) The United States and Japan signed the United States-
Japan Security Declaration in April 1996, in which the United 
States reaffirmed its commitment to maintain this level of 
100,000 United States military personnel in the region. 
(13) The United States military presence is recognized by 
the nations of the region as serving stability and enabling 
United States engagement. 
(14) The nations of East Asia and the Pacific consider 
the commitment of the forces of the United States to be so 
vital to their future that they scrutinize actions of the United 
States for any sign of weakened commitment to the security 
of the region. 
(15) The reduction of forward-based military forces could 
negatively affect the ability of the United States to contribute 
to the maintenance of peace and stability of the Asia and 
Pacific region. 
(16) Recognizing that while the United States must con-
sider the overall capabilities of its forces in its decisions to 
deploy troops, nevertheless any reduction in the number of 
forward-based troops may reduce the perception of Americgmi 
capability and commitment in the region that cannot be com-
pletely offset by modernization of the remaining forces. 
(17) During time of crisis, deployment of forces to East 
Asia, even though such forces were previously removed from 
the area, might be deemed to be an act of provocation that 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1941 
could be used as a pretext by a hostile power for armed aggres-
sion within the region, and the existence of that possibility 
might hinder such a deployment. 
(18) Proposals to reduce the forward presence of the United 
States in the East Asia region or subordinate security interests 
to United States domestic budgetary concerns can erode the 
perception of the commitment of the United States to its alli-
ances and interests in the region. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the United States should maintain at least approximately 100,000 
United States military personnel in the East Asia and Pacific region 
until such time as there is a peaceful and permanent resolution 
to the major security and political conflicts in the region. 
SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND 
STRATEGY OF THE PEOPLE'S REPUBLIC OF CHINA. 
(a) REPORT.—The Secretary of Defense shall prepare a report, 
in both classified and unclassified form, on the pattern of military 
modernization of the People's Republic of China. The report shall 
address the probable course of military-technological development 
in the People's Liberation Army £ind the development of Chinese 
security strategy and military strategy, and of military organiza-
tions and operational concepts, through 2015. 
(b) MATTERS TO BE INCLUDED.—The report shall include analy-
ses and forecasts of the following: 
(1) The goals of Chinese security strategy and military 
strategy. 
(2) Trends in Chinese strategy regarding the political goals 
of the People's Republic of China in the Asia-Pacific region 
and its political and military presence in other regions of the 
world, including Central Asia, Southwest Asia, Europe, and 
Latin America. 
(3) Developments in Chinese military doctrine, focusing 
on (but not limited to) efforts to exploit an emerging Revolution 
in Military Affairs or to conduct preemptive strikes. 
(4) Efforts by the People's Republic of China to enhance 
its capabilities in the area of nuclear weapons development. 
(5) Efforts by the People's Republic of China to develop 
long-range air-to-air or air defense missiles that would provide 
the capability to target special support aircraft such as Airborne 
Warning and Control System (AWACS) aircraft, Joint Surveil-
lance and Target Attack Radar System (JSTARS) aircraft, or 
other command and control, intelligence, airborne early warn-
ing, or electronic warfare aircraft. 
(6) Efforts by the People's Republic of China to develop 
a capability to conduct "information warfare" at the strategic, 
operational, and tactical levels of war. 
(7) Development by the People's Republic of China of 
capabilities in the area of electronic warfare. 
(8) Efforts by the People's Republic of China to develop 
a capability to establish control of space or to deny access 
and use of military and commercial space systems in times 
of crisis or war, including programs to place weapons in space 
or to develop earth-based weapons capable of attacking space-
based systems. 
(9) Trends that would lead the People's Republic of China 
toward the development of advanced intelligence, surveillance. 
I l l STAT. 1942 
PUBLIC LAW 105-85—NOV. 18, 1997 
and reconnaissance capabilities, including gaining access to 
commercial or third-party systems with military significance. 
(10) Efforts by the People's Republic of China to develop 
highly accurate and stealthy ballistic and cruise missiles, 
including sea-launched cruise missiles, particularly in numbers 
sufficient to conduct attacks capable of overwhelming projected 
defense capabilities in the Asia-Pacific region. 
(11) Development by the People's Republic of China of 
command and control networks, particularly those capable of 
battle management of long-range precision strikes. 
(12) Efforts by the People's Republic of China in the area 
of telecommunications, including common channel signaling 
£ind synchronous digital hierarchy technologies. 
(13) Development by People's Republic of China of advanced 
aerospace technologies with military applications (including gas 
turbine "hot section" technologies). 
(14) Programs of the People's Republic of China involving 
unmanned aerial vehicles, particularly those with extended 
ranges or loitering times or potential strike capabilities. 
(15) Exploitation by the People's Republic of China for 
military purposes of the Global Positioning System or other 
similar systems (including commercial land surveillance sat-
ellites), with such analysis and forecasts focusing particularly 
on indications of an attempt to increase the accuracy of weapons 
or situational awareness of operating forces. 
(16) Development by the People's Republic of China of 
capabilities for denial of sea control, including such systems 
as advemced sea mines, improved submarine capabilities, or 
land-based sea-denial systems. 
(17) Efforts by the People's Republic of China to develop 
its anti-submarine warfare capabilities. 
(18) Continued development by the People's Republic of 
China of follow-on forces, particularly forces capable of rapid 
air or amphibious assault. 
(19) Efforts by the People's Republic of China to enhance 
its capabilities in such additional areas of strategic concern 
as the Secretary identifies. 
(c) ANALYSIS OF IMPLICATIONS OF SALES OF PRODUCTS AND 
TECHNOLOGIES TO ENTITIES IN CHINA.—The report under subsection 
(a) shall include, with respect to each area for analyses and forecasts 
specified in subsection (b)— 
(1) an assessment of the military effects of sales of United 
States and foreign products and technologies to entities in 
the People's Republic of China; and 
(2) the potential threat of developments related to such 
effects to United States strategic interests. 
(d) SUBMISSION OF REPORT.—The report shall be submitted 
to Congress not later than March 15, 1998. 
SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS 
ON THE YAMANTAU MOUNTAIN PROJECT. 
(a) FINDINGS.—Congress finds as follows: 
(1) The United States and Russia have been working since 
the end of the Cold War to achieve a strategic relationship 
based on cooperation and openness between the two nations. 
(2) This effort to establish a new strategic relationship 
between the two nations has resulted in the conclusion or 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1943 
agreement in principle on a number of far-reaching agreements, 
including START I, II, and III, a revision in the Conventional 
Forces in Europe Treaty, and a series of other agreements 
(such as the Comprehensive Test Ban Treaty and the Chemical 
Weapons Convention), designed to further reduce bilateral 
threats and limit the proliferation of weapons of mass destruc-
tion. 
(3) These far-reaching agreements were based on the under-
standing between the United States and Russia that there 
would be a good faith effort on both sides to comply with 
the letter and spirit of the agreements. 
(4) Reports indicate that Russia has been pursuing 
construction of a massive underground facility of unknown 
purpose at Yamantau Mountain and the city of Mezhgorye 
(formerly the settlements of Beloretsk-15 and Beloretsk-16) 
that is designed to survive a nuclear war and appears to exceed 
reasonable defense requirements. 
(5) The Yamantau Mountain project does not appear to 
be consistent with the lowering of strategic threats, openness, 
and cooperation that is the basis of the post-Cold War strategic 
partnership between the United States and Russia. 
(6) The United States has allowed senior Russian military 
and government officials to have access to key strategic facilities 
of the United States by providing tours of the North American 
Air Defense (NORAD) command at Cheyenne Mountain and 
the United States Strategic Command (STRATCOM) head-
quarters in Omaha, Nebraska, among other sites, and by 
providing extensive briefings on the operations of those facili-
ties. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Russian government— 
(1) should provide to the United States Government a 
written explanation with sufficient detail (including drawings 
and diagrams) of the purpose and operational concept of the 
completed and planned facilities at Yamantau Mountain to 
support a high confidence judgment by the United States that 
the design of the Yamantau facility is consistent with official 
Russian government explanations; and 
(2) should allow a United States delegation, to include 
officials of the executive branch and Members of Congress, 
to have access to the Yamantau Mountain project and buildings 
and facilities surrounding the project. 
SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES 
NATIONAL SECURITY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Cuba has maintained a hostile policy in its relations 
with the United States for over 35 years. 
(2) The United States, as a sovereign nation, must be 
able to respond to any Cuban provocation and defend the people 
and territory of the United States against any attack. 
(3) In 1994, the Government of Cuba callously encouraged 
a massive exodus of Cubans, by boat and raft, toward the 
United States during which countless numbers of those Cubans 
lost their lives on the high seas. 
(4) The humanitarian response of the United States to 
rescue, shelter, and provide emergency care to those Cubans, 
I l l STAT. 1944 
PUBLIC LAW 105-85—NOV. 18, 1997 
together with the actions taken to absorb some 30,000 of those 
Cubans into the United States, required significant efforts and 
the expenditure of hundreds of milhons of dollars for the costs 
incurred by the United States and State and local governments 
in connection with those efforts. 
(5) On February 24, 1996, Cuban MiG aircraft attacked 
and destroyed, in international airspace, two unarmed civilian 
aircraft fljdng from the United States, and the four persons 
in those unarmed civilian aircraft were killed. 
(6) Since that attack, the Cuban government has issued 
no apology for the attack, nor has it indicated any intention 
to conform its conduct to international law that is applicable 
to civilian aircraft operating in international airspace. 
(b) REVIEW AND ASSESSMENT.—The Secretary of Defense shall 
carry out a comprehensive review and assessment of— 
(1) Cuban military capabilities; and 
(2) the threats to the national security of the United States 
that may be posed by Cuba, including— 
(A) such unconventional threats as (i) encouragement 
of massive and dangerous migration, and (ii) attacks on 
citizens and residents of the United States while they 
are engaged in peaceful protest in international waters 
or airspace; 
(B) the potential for development and delivery of chemi-
cal or biological weapons; and 
(C) the potential for internal strife in Cuba that could 
involve citizens or residents of the United States or the 
Armed Forces of the United States. 
(c) REPORT.—Not later than March 31, 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 review and assessment. The 
report shall include the following: 
(1) The Secretary's assessment of the capabilities and 
threats referred to in subsection (b), including each of the 
threats described in paragraph (2) of that subsection. 
(2) A discussion of the results of the review and assessment, 
including an assessment of the contingency plans developed 
by the Secretary to counter any threat posed by Cuba to the 
United States. 
(d) CONSULTATION ON REVIEW AND ASSESSMENT.—In performing 
the review and assessment and in preparing the report, the Sec-
retary of Defense shall consult with the Chairman of the Joint 
Chiefs of Staff, the commander of the United States Southern 
Command, and the heads of other appropriate departments and 
agencies of the United States. 
SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT. 
President. 
(a) REQUIREMENT.—Not later than March 31, 1998, the Presi-
dent 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 Helsinki Joint Statement on future 
reductions in nuclear forces. The report shall address the United 
States approach (including verification implications) to implement-
ing the Helsinki Joint Statement, in particular, as that Statement 
relates to the following: 
(1) Lower aggregate levels of strategic nuclear warheads. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1945 
(2) Measures relating to the transparency of strategic 
nuclear warhead inventories and the destruction of strategic 
nuclear warheads. 
(3) Deactivation of strategic nuclear delivery vehicles. 
(4) Measures relating to nuclear long-range sea-launched 
cruise missiles and tactical nuclear systems. 
(5) Issues related to transparency in nuclear materials, 
(b) DEFINITION.—For purposes of this section, the term "Hel-
sinki Joint Statement" means the agreements between the Presi-
dent of the United States and the President of the Russian Federa-
tion as contained in the Joint Statement on Parameters on Future 
Reductions in Nuclear Forces issued at Helsinki in March 1997. 
SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELEC-
TIONS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On July 6, 1997, elections were conducted in Mexico 
in order to fill 500 seats in the Chamber of Deputies, 32 
seats in the 128 seat Senate, the office of the Mayor of Mexico 
,, City, and local elections in a number of Mexican States. 
(2) For the first time, the federal elections were organized 
by the Federal Electoral Institute, an autonomous 
and 
independent organization established under the Mexican Con-
stitution. 
(3) More than 52,000,000 Mexican citizens registered to 
vote. 
(4) Eight political parties registered to participate in those 
elections, including the Institutional Revolutionary Party (PRI), 
the National Action Party (PAN), and the Democratic Revolu-
tionary Party (PRD). 
(5) Since 1993, Mexican citizens have had the exclusive 
right to participate as observers in activities related to the 
^
^
^ 
preparation and the conduct of elections. 
(6) Since 1994, Mexican law has permitted international 
observers to be a part of the election process. 
(7) With 84 percent of the ballots counted, PRI candidates 
received 38 percent of the vote for seats in the Chamber of 
Deputies, while PRD and PAN candidates received 52 percent 
of the combined vote. 
(8) PRD candidate Cuauhtemoc Cardenas Solorzano has 
become the first elected Mayor of Mexico City, a post previously 
" appointed by the President. 
(9) PAN members will now serve as governors in seven 
of Mexico's 31 States. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the recent elections in Mexico were conducted in a 
fi-ee, fair, and impartial manner; 
(2) the will of the Mexican people, as expressed through 
the ballot box, has been respected by President Ernesto Zedillo 
and officials throughout his administration; and 
(3) President Zedillo, the Mexican Government, the Federal 
Electoral Institute of Mexico, the political parties and can-
didates, and most importantly the citizens of Mexico should 
all be congratulated for their support and participation in these 
very historic elections. 
SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA. 
(a) FINDINGS.—Congress makes the following findings: 
-194 O - 97 - 28 : QL 3 Part 2 
I l l STAT. 1946 
PUBLIC LAW 105-85—NOV. 18, 1997 
President. 
(1) During the 1970s and 1980s, Cambodia was wracked 
by political conflict, war, and violence, including genocide per-
petrated by the Khmer Rouge from 1975 to 1979. 
(2) The 1991 Paris Agreements on a Comprehensive Politi-
cal Settlement of the Cambodia Conflict set the stage for a 
process of political accommodation and national reconciliation 
among Cambodia's warring parties. 
(3) The international community engaged in a massive 
effort involving more than $2,000,000,000 to ensure peace, 
democracy, and prosperity in Cambodia following the Paris 
Accords. 
(4) The Cambodian people clearly demonstrated their sup-
port for democracy when 90 percent of eligible Cambodian 
voters participated in United Nations-sponsored elections in 
1993. 
(5) Since the 1993 elections, Cambodia has made economic 
progress, as shown by the recent decision of the Association 
of Southeast Asian Nations (ASEAN) to extend membership 
in the Association to Cambodia. 
(6) Tensions within the ruling Cambodian coalition have 
erupted into violence. 
(7) In March 1997, 19 Cambodians were killed and more 
than 100 were wounded in a grenade attack on political dem-
onstrators supportive of the Funcinpec and the Khmer Nation 
Party. 
(8) During June 1997, fighting erupted in Phnom Penh 
between forces loyal to First Prime Minister Prince Ranariddh 
and Second Prime Minister Hun Sen. 
(9) On July 5, 1997, Second Prime Minister Hun Sen 
deposed the First Prime Minister in a violent coup d'etat. 
(10) Forces loyal to Hun Sen have executed former Interior 
Minister Ho Sok and approximately 40 other political opponents 
loyal to Prince Ranariddh. 
(11) Democracy and stability in Cambodia are threatened 
by the continued use of violence and other extralegal means 
to resolve political tensions. 
(12) In response to the July 1997 coup in Cambodia referred 
to in paragraph (9)— 
(A) the President has suspended £dl direct assistance 
to the Cambodian Government; and 
(B) the Association of Southeast Asian 
Nations 
(ASEAN) has decided to delay indefinitely admission of 
Cambodia to membership in the Association. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the parties in Cambodia should immediately cease the 
use of violence; 
(2) the United States should take all necessary steps to 
ensure the safety of United States citizens in Cambodia; 
(3) the United States should call an emergency meeting 
of the United Nations Security Council to consider all options 
to restore peace and democratic governance in Cambodia; 
(4) the United States and the Association of Southeast 
Asism. Nations should work together to take immediate steps 
to restore democracy and the rule of law in Cambodia; 
(5) United States assistance to the Government of Cam-
bodia should remain suspended until violence ends, the demo-
cratically elected Government is restored to power, and the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1947 
necessary steps have been taken to ensure that the elections 
scheduled for 1998 take place; and 
(6) the United States should take all necessary steps to 
encourage other donor nations to suspend assistance as part 
of a multilateral effort. 
SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF 
HONG KONG. 
(a) FINDINGS.—Congress makes the following findings: 
(1) His Excellency Christopher F. Patten, the former Gov-
ernor of Hong Kong, was the twenty-eighth and last British 
Governor of the dependent territory of Hong Kong before that 
territory reverted back to the People's Republic of China on 
July 1, 1997. 
(2) Christopher Patten was a superb administrator and 
an inspiration to the people whom he governed. 
(3) During Christopher Patten's five years as Governor 
of Hong Kong, the economy flourished under his stewardship, 
growing by more than 30 percent in real terms. 
(4) Christopher Patten presided over a capable and honest 
civil service. 
(5) During the tenure of Christopher Patten as Governor 
of Hong Kong, common crime declined and the political climate 
was positive and stable. 
(6) The legacy of Christopher Patten to Hong Kong is 
the expansion of democracy in Hong Kong's legislative council 
and a tireless devotion to the rights, freedoms, and welfsire 
of the people of Hong Kong. 
(7) Christopher Patten fulfilled the commitment of the Brit-
ish Government to "put in place a solidly based democratic 
administration" in Hong Kong before July 1, 1997. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that 
Christopher F. Patten, the last British Governor of the dependent 
territory of Hong Kong— 
(1) served his coimtry with great honor and distinction 
in that capacity; and 
(2) deserves special thanks and recognition fi-om the United 
States for his tireless efforts to develop and nurture democracy 
in 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. 
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. 
I l l STAT. 1948 
PUBLIC LAW 105-85—NOV. 18, 1997 
Sec. 1309. Annual report on moratorium on use by Armed Forces of antipersonnel 
landmines. 
SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF 
RUSSIAN STRATEGIC MISSILES. 
(a) REQUIRED REPORT.—Not later than January 1, 1998, the 
President shall submit to Congress a report concerning detargeting 
of Russian strategic missiles. The report shall address each of 
the following: 
(1) Whether a Russian ICBM that was formerly, but is 
no longer, targeted at a site in the United States would be 
automatically retargeted at a site in the United States in the 
event of the accidental launch of the missile. 
(2) Whether missile detargeting would prevent or signifi-
cantly reduce the possibility of an unauthorized missile launch 
carried out by the Russian General Staff and prevent or signifi-
cantly reduce the consequences to the United States of such 
a launch. 
(3) Whether missile detargeting would pose a significant 
obstacle to an unauthorized launch carried out by an oper-
ational level below the Russian General Staff if missile opera-
tors at such an operational level acquired missile launch codes 
or had the technical expertise to override missile launch codes. 
(4) The plausibility of an accidental launch of a Russian 
ICBM, compared to the possibility of a deliberate missile 
launch, authorized or unauthorized, resulting from Russian 
miscalculation, overreaction, or aggression. 
(5) The national security benefits derived from detargeting 
United States and Russian ICBMs. 
(6) The relative consequences to the United States of an 
unauthorized or accidental launch of a Russian ICBM that 
has been detargeted and one that has not been detargeted. 
(b) DEFINITIONS.—For purposes of subsection (a): 
(1) The term "Russian ICBM" means an intercontinental 
ballistic missile of the Russian Federation. 
(2) The term "accidental launch" means a missile launch 
resulting from mechanical failure. 
SEC. 
1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF 
STRATEGIC NUCLEAR DELIVERY SYSTEMS. 
(a) FUNDING LIMITATION.—Funds available to the Department 
of Defense may not be obligated or expended during fiscal year 
1998 for retiring or dismantling, or for preparing to retire or 
dismantle, any of the following strategic nuclear delivery systems 
below the specified levels: 
(1) 71 B-52H bomber aircraft. 
(2) 18 Trident ballistic missile submarines. 
(3) 50C Minuteman III intercontinental ballistic missiles. 
(4) 50 Peacekeeper intercontinental ballistic missiles. 
(b) WAIVER AUTHORITY.—If the START II Treaty enters into 
force during fiscal year 1998, the Secretary of Defense may waive 
the application of the limitation under subsection (a) to the extent 
that the Secretary determines necessary in order to implement 
the treaty. 
(c) FUNDING LIMITATION ON EARLY DEACTIVATION.—(1) If 
the 
limitation under subsection (a) ceases to apply by reason of a 
waiver under subsection (b), funds available to the Department 
of Defense may nevertheless not be obligated or expended during 
l^.i-'l^ 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1949 
fiscal year 1998 to implement any agreement or understanding 
to undertake substantial early deactivation of a strategic nuclear 
delivery system specified in subsection (a) until 30 days after the 
date on which the President submits to Congress a report concern-
ing such actions. 
(2) For purposes of this subsection and subsection (d), a 
substantial early deactivation is an action during fiscal year 1998 
to deactivate a substantial number of strategic nuclear delivery 
systems specified in subsection (a) by— 
(A) removing nuclear warheads from those systems; or 
(B) taking other steps to remove those systems from combat 
status. 
(3) A report under this subsection shall include the following: Reports. 
(A) The text of any understanding or agreement between 
the United States and the Russian Federation concerning 
substantial early deactivation of strategic nuclear delivery sys-
tems under the START II Treaty. 
(B) The plan of the Department of Defense for implement-
ing the agreement. 
(C) An assessment of the Secretary of Defense of the ade-
quacy of the provisions contained in the agreement for monitor-
ing and verifying compliance of Russia with the terms of the 
agreement and, based upon that assessment, the determination 
of the President specifically as to whether the procedures for 
monitoring and verification of compliance by Russia with the 
terms of the agreement are adequate or inadequate. 
(D) A determination by the President as to whether the President, 
deactivations to occur under the agreement will be carried 
out in a symmetrical, reciprocal, or equivalent manner and 
whether the agreement will require early deactivations of 
strategic forces by the United States to be carried out substan-
tially more rapidly than deactivations of strategic forces by 
Russia. 
(E) An assessment by the President of the effect of the President. 
proposed early deactivation on the stability of the strategic 
balance £ind relative strategic nuclear capabilities of the United 
States and the Russian Federation at various stages during 
deactivation and upon completion, including a determination 
by the President specifically as to whether the proposed early 
deactivations will adversely affect strategic stability. 
(d) FURTHER LIMITATION ON STRATEGIC FORCE REDUCTIONS.— 
(1) Amounts available to the Department of Defense for fiscal year 
1998 to implement an agreement that results in a substantial 
early deactivation during fiscal year 1998 of strategic forces may 
not be obligated for that purpose if in the report under subsection 
(c)(3) the President determines £iny of the following: 
(A) That procedures for monitoring and verification of 
compliance by Russia with the terms of the agreement are 
inadequate. 
(B) That the agreement will require early deactivations 
of strategic forces by the United States to be carried out 
substantially more rapidly than deactivations of strategic forces 
by Russia. 
(C) That the proposed early deactivations will adversely 
affect strategic stability. 
(2) The limitation in paragraph (1), if effective by reason of 
a determination by the President described in paragraph (1)(B), 
I l l STAT. 1950 
PUBLIC LAW 105-85—NOV. 18, 1997 
shall cease to apply 30 days after the date on which the President 
notifies Congress that the early deactivations under the agreement 
are in the national interest of the United States. 
(e) CONTINGENCY PLAN FOR SUSTAINMENT OF 
SYSTEMS.—(1) 
Not later then February 15, 1998, the Secretary of Defense shall 
submit to Congress a plan for the sustainment beyond October 
1, 1999, of United States strategic nuclear delivery systems and 
alternative Strategic Arms Reduction Treaty force structures in 
the event that a strategic arms reduction agreement subsequent 
to the Strategic Arms Reduction Treaty does not enter into force 
before 2004. 
(2) The plan shall include a discussion of the following matters: 
(A) The actions that are necessary to sustain the United 
States strategic nuclear delivery systems, 
distinguishing 
between the actions that are planned for and funded in the 
future-years defense program and the actions that are not 
planned for and funded in the future-years defense program. 
(B) The funding necessary to implement the plan, indicat-
ing the extent to which the necessary funding is provided 
for in the future-years defense program and the extent to 
which the necessary funding is not provided for in the future-
years defense program. 
(f) START TREATIES DEFINED.—In this section: 
(1) The term "Strategic Arms Reduction Treaty" means 
the Treaty Between the United States of America and the 
United Soviet Socialist Republics on the Reduction and Limita-
tion of Strategic Offensive Arms (START), signed at Moscow 
on July 31, 1991, including related annexes on agreed 
statements and definitions, protocols, and memorandum of 
understanding. 
(2) The term "START II Treaty" means the Treaty Between 
the United States of America and the Russian Federation on 
Further Reduction and Limitation of Strategic Offensive Arms, 
signed at Moscow on January 3, 1993, including the following 
protocols 
and 
memorandum 
of understanding, 
all 
such 
documents being integral parts of and collectively referred to 
as the "START II Treaty" (contained in Treaty Document 
103-1): 
(A) The Protocol on Procedures Governing Elimination 
of Heavy ICBMs and on Procedures Governing Conversion 
of Silo Launchers of Heavy ICBMs Relating to the Treaty 
Between the United States of America and the Russian 
Federation on Further Reduction and Limitation of Strate-
gic Offensive Arms (also known as the "Elimination and 
Conversion Protocol"). 
(B) The Protocol on Exhibitions and Inspections of 
Heavy Bombers Relating to the Treaty Between the United 
States and the Russian Federation on Further Reduction 
and Limitation of Strategic Offensive Arms (also known 
as the "Exhibitions and Inspections Protocol"). 
(C) The Memorandum of Understanding on Warhead 
Attribution and Heavy Bomber Data Relating to the Treaty 
Between the United States of America and the Russian 
Federation on Further Reduction and Limitation of Strate-
gic Offensive Arms (also known as the "Memorandum on 
Attribution"). 
"'*p^K-^"^-'* '*'*. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1951 
SEC. 1303. ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION 
50 USC1525. 
UNDER THE CHEMICAL WEAPONS CONVENTION. 
(a) ASSISTANCE AUTHORIZED.—Upon the request of the owner 
or operator of a facility that is subject to a routine inspection 
or a challenge inspection under the Chemical Weapons Convention, 
the Secretary of Defense may provide technical assistance to that 
owner or operator related to compliance of that facility with the 
Convention. Any such assistance shall be provided through the 
On-Site Inspection Agency of the Department of Defense. 
(b) REIMBURSEMENT REQUIREMENT.—The Secretary may pro-
vide assistance under subsection (a) only to the extent that the 
Secretary determines that the Department of Defense will be 
reimbursed for costs incurred in providing the assistance. The 
United States National Authority may provide such reimbursement 
from amounts available to it. Any such reimbursement shall be 
credited to amounts available for the On-Site Inspection Agency. 
(c) DEFINITIONS.—In this section: 
(1) The terms "Chemical Weapons Convention" and 
"Convention" mean the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical 
Weapons and on Their Destruction, ratified by the United 
States on April 25, 1997, and entered into force on April 29, 
1997. 
(2) The term "facility that is subject to a routine inspection" 
means a declared facility, as defined in paragraph 15 of part 
X of the Annex on Implementation and Verification of the 
Convention. 
(3) The term "challenge inspection" means an inspection 
conducted under Article IX of the Convention. 
(4) The term "United States National Authority" means 
the United States National Authority established or designated 
pursuant to Article VII, paragraph 4, of the Convention. 
SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY 
COUNTERPROLIFERATION PROGRAMS. 
(a) AUTHORITY.—(1) Subject to paragraph (2), the Secretary 
of Defense may transfer amounts of authorizations made available 
to the Department of Defense in this division for fiscal year 1998 
to any counterproliferation program, project, or activity described 
in subsection (b). 
(2) A transfer of authorizations may be made under this section 
only upon determination by the Secretary of Defense that such 
action is necessary in the national interest. 
(3) Amounts of authorizations so transferred shall be merged 
with and be available for the same purposes as the authorization 
to which transferred. 
(b) PROGRAMS TO WHICH TRANFERS MAY BE MADE.—The 
authority under subsection (a) applies to any counterproliferation 
program, project, or activity of the Department of Defense identified 
as an area for progress in the most recent annual report of the 
Counterproliferation Program Review Committee established by sec-
tion 1605 of the National Defense Authorization Act for Fiscal 
Year 1994 (22 U.S.C. 2751 note). 
(c) LIMITATION ON TOTAL AMOUNT.—The total amount of 
authorizations transferred under the authority of this section may 
not exceed $50,000,000. 
I l l STAT. 1952 
PUBLIC LAW 105-85—NOV. 18, 1997 
(d) OTHER LIMITATIONS AND REQUIREMENTS.—The provisions 
of subsection (b), (c), and (d) of section 1001 shall apply to a 
transfer under this section in the same manner as they apply 
to a transfer under subsection (a) of that section. 
(e) CONSTRUCTION WITH GENERAL TRANSFER AUTHORITY.—The 
authority provided by this section is in addition to the transfer 
authority provided in section 1001. 
42 use 7274p. 
SEC. 1305. ADVICE TO THE PRESmENT AND CONGRESS REGARDING 
THE SAFETY, SECURITY, AND RELIABILITY OF UNITED 
STATES NUCLEAR WEAPONS STOCKPILE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Nuclear weapons are the most destructive weapons 
on earth. The United States and its allies continue to rely 
on nuclear weapons to deter potential adversaries from using 
weapons of mass destruction. The safety and reliability of the 
nuclear weapons stockpile are essential to ensure its credibility 
as a deterrent. 
(2) On September 24, 1996, President Clinton signed the 
Comprehensive Test Ban Treaty. 
(3) Effective as of September 30, 1996, the United States 
is prohibited by section 507 of the Energy and Water Develop-
ment Appropriations Act, 1993 (Pubhc Law 102-377; 42 U.S.C. 
2121 note) from conducting underground nuclear tests "unless 
a foreign state conducts a nuclear test after this date, at which 
time the prohibition on United States nuclear testing is lifted". 
(4) Section 1436(b) of the National Defense Authorization 
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 
note) requires the Secretary of Energy to "establish and support 
a program to assure that the United States is in a position 
to maintain the reliability, safety, and continued deterrent 
effect of its stockpile of existing nuclear weapons designs in 
the event that a low-threshold or comprehensive test ban on 
nuclear explosive testing is negotiated and ratified.". 
(5) Section 3138(d) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121 
note) required the President to submit an annual report to 
Congress which sets forth "any concerns with respect to the 
safety, security, effectiveness, or reliability of existing United 
States nuclear weapons raised by the Stockpile Stewardship 
Program of the Department of Energy". 
(6) President Clinton declared in July 1993 that "to assure 
that our nuclear deterrent remains unquestioned under a test 
ban, we will explore other means of maintaining our confidence 
in the safety, reliability, and the performance of our weapons". 
This decision was incorporated in a Presidential Directive. 
(7) Section 3138 of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121 
note) also requires that the Secretary of Energy establish a 
"stewardship program to ensure the preservation of the core 
intellectual and technical competencies of the United States 
in nuclear weapons". 
(8) The plan of the Department of Energy to maintain 
the safety and reliability of the United States nuclear weapons 
stockpile is known as the Stockpile Stewardship and Manage-
ment Program. The ability of the United States to maintain 
and certify the safety, security, effectiveness, and reliability 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1953 
of the nuclear weapons stockpile without testing will require 
utilization of new and sophisticated computational capabilities 
and diagnostic technologies, methods, and procedures. Current 
diagnostic technologies and laboratory testing techniques are 
insufficient to certify the safety and reliability of the United 
States nuclear weapons stockpile into the future. Whereas in 
the past laboratory and diagnostic tools were used in conjunc-
tion with nuclear testing, in the future they will provide, under 
the Department of Energ^s stockpile stewardship plan, the 
sole basis for assessing past test data and for making judgments 
on phenomena observed in connection with the aging of the 
stockpile. 
(9) Section 3159 of the National Defense Authorization 
Act for Fiscal Year 1997 (Pubhc Law 104-201; 42 U.S.C. 7274o) 
requires that the directors of the nuclear weapons laboratories 
and the nuclear weapons production plants submit a report 
to the Assistant Secretary of Energy for Defense Programs 
if they identify a problem that has significant bearing on con-
fidence in the safety or reliability of a nuclear weapon or 
nuclear weapon t3^e, that the Assistant Secretary must trans-
mit that report, along with any comments, to the congressional 
defense committees and to the Secretary of Energy and the 
Secretary of Defense, and that the Joint Nuclear Weapons 
Council advise Congress regarding its analysis of any such 
problems. 
(10) On August 11, 1995, President Clinton directed "the 
establishment of a new annual reporting and certification 
requirement [to] ensure that our nuclear weapons remain safe 
and reliable under a comprehensive test ban". 
(11) On the same day, the President noted that the Sec-
retary of Defense and the Secretary of Energy have the respon-
sibility, after being "advised by the Nuclear Weapons Council, 
the Directors of DOE's nuclear weapons laboratories, and the 
Commander of United States Strategic Command", to provide 
the President with the information regarding the certification 
referred to in paragraph (10). 
(12) The Joint Nuclear Weapons Council established by 
section 179 of title 10, United States Code, is responsible for 
providing advice to the Secretary of Energy and the Secretary 
of Defense regarding nuclear weapons issues, including "consid-
ering safety, security, and control issues for existing weapons". 
The Council plays a critical role in advising Congress in matters 
relating to nuclear weapons. 
(13) It is essential that the President receive well-informed, 
objective, and honest opinions, including dissenting views, from 
his advisers and technical experts regarding the safety, secu-
rity, effectiveness, and reliability of the nuclear weapons stock-
pile. 
(b) POLICY.— 
(1) IN GENERAL.—It is the policy of the United States— 
(A) to maintain a safe, secure, effective, and reliable 
nuclear weapons stockpile; and 
(B) as long as other nations control or actively seek 
to acquire nuclear weapons, to retain a credible nuclear 
deterrent. 
(2) NUCLEAR WEAPONS STOCKPILE.—It is in the security 
interest of the United States to sustain the United States 
I l l STAT. 1954 
PUBLIC LAW 105-85—NOV. 18, 1997 
nuclear weapons stockpile through a program of stockpile 
stewardship, carried out at the nuclear weapons laboratories 
and nuclear weapons production plants. 
(3) SENSE OF CONGRESS.—It is the sense of Congress that— 
(A) the United States should retain a triad of strategic 
nuclear forces sufficient to deter any future hostile foreign 
leadership with access to strategic nuclear forces from act-
ing against the vital interests of the United States; 
(B) the United States should continue to maintain 
nuclear forces of sufficient size £ind capability to implement 
an effective and robust deterrent strategy; and 
(C) the advice of the persons required to provide the 
President and Congress with assurances of the safety, secu-
rity, effectiveness, and reliability of the nuclear weapons 
force should be scientifically based, without regard for poli-
tics, and of the highest quality and integrity. 
(c) ADDITION OF PRESIDENT TO RECIPIENTS OF REPORTS BY 
HEADS OF LABORATORIES AND PLANTS.—Section 3159(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 42 U.S.C. 7274o) is amended— 
(1) by striking out "committees and" and inserting in lieu 
thereof "committees,"; and 
(2) by inserting before the period at the end the following: 
", and to the President". 
(d) TEN-DAY TIME LIMIT FOR TRANSMITTAL OF REPORT.—Section 
3159(b) of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 42 U.S.C. 7274o) is amended by striking 
out "As soon as practicable" and inserting in lieu thereof "Not 
later than 10 days . 
(e) ADVICE AND OPINIONS REGARDING NUCLEAR WEAPONS 
STOCKPILE.—In addition to a director of a nuclear weapons labora-
tory or a nuclear weapons production plant (under section 3159 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 42 U.S.C. 7274o)), any member of the Joint 
Nuclear Weapons Council or the commander of the United States 
Strategic Command may also submit to the President, the Secretary 
of Defense, the Secretary of Energy, or the congressionsd defense 
committees advice or opinion regarding the safety, security, 
effectiveness, and reliability of the nuclear weapons stockpile. 
(f) EXPRESSION OF INDIVIDUAL VIEWS.—A representative of the 
President may not take any action against, or otherwise constrain, 
a director of a nuclear weapons laboratory or a nuclear weapons 
production plant, a member of the Joint Nuclear Weapons Council, 
or the Commander of United States Strategic Command for present-
ing individual views to the President, the National Security Council, 
or Congress regarding the safety, security, effectiveness, and reli-
ability of the nuclear weapons stockpile. 
(g) DEFINITIONS.—In this section: 
(1) The term "representative of the President" means the 
following: 
(A) Any official of the Department of Defense or the 
Department of Energy who is appointed by the President 
and confirmed by the Senate. 
(B) Any member of the National Security Council. 
(C) Any member of the Joint Chiefs of Staff. 
(D) Any official of the Office of Management and 
Budget, 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1955 
'^ 
(2) The term "nuclear weapons laboratory" means any of 
the following: 
(A) 
Lawrence 
Livermore 
National 
Laboratory, 
California. 
(B) Los Alamos National Laboratory, New Mexico. 
(C) Sandia National Laboratories. 
(3) The term "nuclear weapons production plant" means 
any of the following: 
(A) The Pantex Plant, Texas. 
(B) The Savannah River Site, South Carolina. 
(C) The Kansas City Plant, Missouri. 
(D) The Y-12 Plant, Oak Ridge, Tennessee. 
SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE BALLIS-
TIC MISSILE THREAT TO THE UNITED STATES. 
(a) INITIAL ORGANIZATION REQUIREMENTS.—Section 1321(g) of 
the National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2712) is amended— 
(1) in paragraph (1), by striking out "not later than 45 
days after the date of the enactment of this Act" and inserting 
in lieu thereof "not later than 30 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 1998"; and 
(2) in paragraph (2)— 
(A) by striking out "30 days" and inserting in lieu 
thereof "60 days"; and 
(B) by striking out ", but not earlier than October 
15 1996" 
(b) FUNDING.—Section 1328 of such Act (110 Stat. 2714) is 
amended by inserting "and fiscal year 1998" after "for fiscal year 
1997". 
SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP 
BETWEEN UNITED STATES OBLIGATIONS UNDER THE 
CHEMICAL WEAPONS CONVENTION AND ENVIRON-
MENTAL LAWS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Chemical Weapons Convention requires 
the 
destruction of the United States stockpile of lethal chemical 
agents and munitions by April 29, 2007 (not later than 10 
years after the Convention's entry into force). 
(2) The President has substantial authority under existing 
law to ensure that— 
(A) the technologies necessary to destroy the stockpile 
are developed; 
(B) the facilities necessary to destroy the stockpile 
are constructed; and 
(C) Federal, State, and local environmental laws and 
regulations do not impair the ability of the United States 
to comply with its obligations under the Convention. 
(3) The Comptroller General has concluded (in GAO Report 
NSIAD 97018 of February 1997) that— 
(A) obtaining the necessary Federal and State permits 
that are required under Federal environmental laws and 
regulations for building and operating the chemical agents 
and munitions destruction facilities is among the most 
unpredictable factors in the chemical demilitarization pro-
gram; and 
I l l STAT. 1956 
PUBLIC LAW 105-85—NOV. 18, 1997 
(B) program cost and schedule are largely driven by 
the degree to which States and local communities are in 
agreement with proposed disposal methods and whether 
those methods meet environmental concerns. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President— 
(1) should use the authority of the President under existing 
law to ensure that the United States is able to construct and 
operate the facilities necessary to destroy the United States 
stockpile of lethal chemical agents and munitions within the 
time allowed by the Chemical Weapons Convention; and 
(2) while carrying out the obligations of the United States 
under the Convention, should encourage negotiations between 
appropriate Federal officials and officials of the State and local 
governments concerned to attempt to meet their concerns 
regarding compliance with Federal and State environmental 
laws and regulations and other concerns about the actions 
being taken to carry out those obligations. 
(c) CHEMICAL WEAPONS CONVENTION DEFINED.—For the pur-
poses of this section, the terms "Chemical Weapons Convention" 
and "Convention" mean the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical Weapons 
and on Their Destruction, ratified by the United States on April 
25, 1997, and entered into force on April 29, 1997. 
SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES 
FOR SUPPORT OF UNITED NATIONS SPECIAL COMMIS-
SION ON IRAQ. 
Section 1505 of the Weapons of Mass Destruction Control Act 
of 1992 (title XV of Public Law 102-484; 22 U.S.C. 5859a) is 
amended— 
(1) in subsection (d)(3), by striking out "or" after "fiscal 
year 1996," and by inserting ", or $15,000,000 for fiscal year 
1998" before the period at the end; and 
(2) in subsection (f), by striking out "1997" and inserting 
in lieu thereof "1998". 
10 use 113 note. 
SEC. 1309. ANNUAL REPORT ON MORATORIUM ON USE BY ARMED 
FORCES OF ANTIPERSONNEL LANDMINES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States has stated its support for a ban 
on antipersonnel landmines that is global in scope and verifi-
able. 
Korea. 
(2) On May 16, 1996, the President announced that the 
United States, as a matter of policy, would eliminate its stock-
pile of non-self-destructing antipersonnel landmines, except 
those used for training purposes and in Korea, and that the 
United States would reserve the right to use self-destructing 
antipersonnel landmines in the event of conflict. 
(3) On May 16, 1996, the President also announced that 
the United States would lead an effort to negotiate an inter-
national treaty permanently banning the use of all anti-
personnel landmines. 
(4) The United States is currently participating at the 
United Nations Conference on Disarmament in negotiations 
aimed at achieving a global ban on the use of antipersonnel 
landmines. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1957 
(5) On August 18, 1997, the administration agreed to Canada. 
participate in international negotiations sponsored by Canada 
(the so-called "Ottawa process") designed to achieve a treaty 
that would outlaw the production, use, and sale of antipersonnel 
landmines. 
(6) On September 17, 1997, the President announced that Norway. 
the United States would not sign the antipersonnel landmine 
treaty concluded in Oslo, Norway, by participants in the Ottawa 
process because the treaty would not provide a geographic 
exception to allow the United States to stockpile and use anti-
personnel landmines in Korea or an exemption that would 
preserve the ability of the United States to use mixed antitank 
mine systems which could be used to deter an armored assault 
against United States forces. 
(7) The President also announced a change in United States Korea. 
policy whereby the United States— 
(A) would no longer deploy antipersonnel landmines, 
including self-destructing 
antipersonnel landmines, by 
2003, except in Korea; 
(B) would seek to field alternatives by that date, or 
by 2006 in the case of Korea; 
(C) would undertake a new initiative in the United 
Nations Conference on Disarmament to establish a global 
ban on the transfer of antipersonnel landmines; and 
(D) would increase its current humanitarian demining 
activities around the world. 
(8) The President's decision would allow the continued use 
by United States forces of self-destructing antipersonnel land-
mines that are used as part of a mixed antitank mine system. 
(9) Under existing law (as provided in section 580 of Public 
Law 104-107; 110 Stat. 751), on February 12, 1999, the United 
States will implement a one-year moratorium on the use of 
antipersonnel landmines by United States forces except along 
internationally recognized national borders or in demilitarized 
zones within a perimeter marked area that is monitored by 
military personnel and protected by adequate means to ensure 
the exclusion of civilians. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should not implement a moratorium 
on the use of antipersonnel landmines by United States Armed 
Forces in a manner that would endanger United States person-
nel or undermine the military effectiveness of United States 
Armed Forces in executing their missions; and 
(2) the United States should pursue the development of 
alternatives to self-destructing antipersonnel landmines. 
(c) ANNUAL REPORT.—Not later than December 31 each year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report concerning antipersonnel landmines. Each such 
report shall include the Secretary's description of the following: 
(1) The military utility of the continued deployment and 
use by the United States of antipersonnel landmines. 
(2) The effect of a moratorium on the production, stock-
piling, and use of ^mtipersonnel landmines on the ability of 
United States forces to deter and defend against attack on 
land by hostile forces, including on the Korean peninsula. 
(3) Progress in developing and fielding systems that are 
effective substitutes for antipersonnel landmines, including an 
I l l STAT. 1958 
PUBLIC LAW 105-85—NOV. 18, 1997 
identification and description of the types of systems that are 
being developed and fielded, the costs associated with those 
systems, and the estimated timetable for developing and field-
ing those systems. 
(4) The effect of a moratorium on the use of antipersonnel 
landmines on the military effectiveness of current antitank 
mine systems. 
(5) The number and type of pure antipersonnel landmines 
that remain in the United States inventory and that are subject 
to elimination under the President's September 17, 1997, dec-
laration on United States antipersonnel landmine policy. 
(6) The number and type of mixed antitank mine systems 
that are in the United States inventory, the locations where 
they are deployed, and their effect on the deterrence and 
warfighting ability of United States Armed Forces. 
(7) The effect of the elimination of pure antipersonnel land-
mines on the warfighting effectiveness of the United States 
Armed Forces. 
(8) The costs already incurred and anticipated of eliminat-
ing antipersonnel landmines from the United States inventory 
in accordance with the policy enunciated by the President on 
September 17, 1997. 
(9) The benefits that would result to United States military 
and civilian personnel from an international treaty banning 
the production, use, transfer, and stockpiling of antipersonnel 
Isindmines. 
TITLE XIV—COOPERATIVE THREAT RE-
DUCTION 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 ftinds. 
SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 
301 and other provisions of this Act, Cooperative Threat Reduction 
programs are the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 1998 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—^As used in this title, the term "fiscal year 1998 Coopera-
tive Threat Reduction funds" means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1959 
SEC. 1402. FUNDING ALLOCATIONS. 
(a) IN GENERAL.—Of the fiscal year 1998 Cooperative Threat 
Reduction funds, not more than the following amounts may be 
obligated for the purposes specified: 
(1) For strategic offensive arms elimination in Russia, 
$77,900,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$76,700,000. 
(3) For fissile material containers in Russia, $7,000,000. 
(4) For planning and design of a chemical weapons destruc-
tion facility in Russia, $35,400,000. 
(5) For dismantlement of biological and chemical weapons 
facilities in the former Soviet Union, $20,000,000. 
(6) For planning, design, and construction of a storage 
facility for Russian fissile material, $57,700,000. 
(7) For weapons storage security in Russia, $36,000,000. 
(8) For development of a cooperative program with the 
Government of Russia to eliminate the production of weapons 
grade plutonium at Russian reactors, $41,000,000. 
(9) For activities designated as Defense and Military-to-
Military Contacts in Russia, Ukraine, and 
Kazakhstan, 
$8,000,000. 
(10) For military-to-military programs of the United States 
that focus on countering the threat of proliferation of weapons 
of mass destruction and that include the security forces of 
the independent states of the former Soviet Union other than 
Russia, Ukraine, Belarus, and Kazakstan, $2,000,000. 
(11) For activities designated as Other Assessments/ 
Administrative Support $20,500,000. 
(b) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 
If the Secretary of Defense determines that it is necessary to 
do so in the national interest, the Secretary may, subject to para-
graphs (2) and (3), obligate amounts for the purposes stated in 
any of the paragraphs of subsection (a) in excess of the amount 
specified for those purposes in that paragraph. However, the total 
amount obligated for the purposes stated in the paragraphs in 
subsection (a) may not by reason of the use of the authority provided 
in the preceding sentence exceed the sum of the amounts specified 
in those paragraphs. 
(2) An obligation for the purposes stated in any of the para-
graphs in subsection (a) in excess of the amount specified in that 
paragraph may be made using the authority provided in paragraph 
(1) only after— 
(A) the Secretary^ submits to Congress notification of the 
intent to do so together with a complete discussion of the 
justification for doing so; and 
(B) 15 days have elapsed following the date of the notifica-
tion. 
(3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amoimts appropriated for the purposes 
stated in any of paragraphs (3) through (11) of subsection (a) 
in excess of 115 percent of the amount stated in those paragraphs. 
(c) LIMITED WAIVER OF 115 PERCENT CAP ON OBLIGATION IN 
EXCESS OF AMOUNTS AUTHORIZED FOR FISCAL YEARS 1996 
AND 
1997.—(1) The limitation in subsection (b)(1) of section 1202 of 
the National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 469), that provides that the authority 
I l l STAT. 1960 
PUBLIC LAW 105-85—NOV. 18, 1997 
provided in that sentence to obligate amounts specified for Coopera-
tive Threat Reduction purposes in excess of the amount specified 
for each such purpose in subsection (a) of that section may not 
exceed 115 percent of the amounts specified, shall not apply with 
respect to subsection (a)(1) of such section for purposes of strategic 
offensive weapons elimination in Russia or the Ukraine. 
(2) The limitation in subsection (b)(1) of section 1502 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2732), that provides that the authority 
provided in that sentence to obligate amounts specified for Coopera-
tive Threat Reduction purposes in excess of the amount specified 
for each such purpose in subsection (a) of that section may not 
exceed 115 percent of the amounts specified, shall not apply with 
respect to subsections (a)(2) and (a)(3) of such section. 
SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. 
(a) IN GENERAL.—NO fiscal year 1998 Cooperative Threat 
Reduction funds, and no funds appropriated for Cooperative Threat 
Reduction programs for any prior fiscal year and remaining avail-
able for obligation, may be obligated or expended for any of the 
following purposes: 
(1) Conducting with Russia any peacekeeping exercise or 
other peacekeeping-related activity. 
(2) Provision of housing. 
(3) Provision of assistance to promote environmental 
restoration. 
(4) Provision of assistance to promote job retraining. 
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSIST-
ANCE.—None of the funds appropriated pursuant to this Act may 
be obligated or expended for the provision of assistance to Russia 
or any other state of the former Soviet Union to promote defense 
conversion. 
SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED 
TO START II TREATY UNTIL SUBMISSION OF CERTIFI-
CATION. 
No fiscal year 1998 Cooperative Threat Reduction funds may 
be obligated or expended for strategic offensive arms elimination 
projects in Russia related to the START II Treaty (as defined 
in section 1302(f)) until 30 days after the date on which the Sec-
retary of Defense submits to Congress a certification in writing 
that— 
(1) implementation of the projects would benefit the 
national security interest of the United States; and 
(2) Russia has agreed in an implementing agreement to 
share the cost for the projects. 
SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
DESTRUCTION FACILITY. 
(a) LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
NOTIFICATIONS TO CONGRESS.—No fiscal year 1998 Cooperative 
Threat Reduction funds may be obligated or expended for planning 
and design of a chemical weapons destruction facility until 15 
days after the date that is the later of the following: 
(1) The date on which the Secretary of Defense submits 
to Congress notification of an agreement between the United 
States and Russia with respect to such chemical weapons 
destruction facility that includes— 
"=«.>'%*'-" 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1961 
(A) an agreement providing for a limitation on the 
financial contribution by the United States for the facility; 
(B) an agreement that the United States will not pay 
the costs for infrastructure determined by Russia to be 
necessary to support the facility; and 
(C) an agreement on the location of the facility. 
(2) The date on which the Secretary of Defense submits 
to Congress notification that the Government of Russia has 
formally approved a plan— 
(A) that allows for the destruction of chemical weapons 
in Russia; and 
(B) that commits Russia to pay a portion of the cost 
for the facility. 
(b) PROHIBITION ON USE OF FUNDS FOR FACILITY CONSTRUC-
TION.—No fiscal year 1998 Cooperative Threat Reduction funds 
authorized to be obligated in section 1402(a)(4) for planning and 
design of a chemical weapons destruction facility in Russia may 
be used for construction of such facility. 
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF 
CHEMICAL WEAPONS. 
(a) LIMITATION.—No funds authorized to be appropriated under 
this or any other Act for fiscal year 1998 for Cooperative Threat 
Reduction programs may be obligated or expended for chemical 
weapons destruction activities (including activities for the planning, 
design, or construction of a chemical weapons destruction facility 
or for the dismantlement of an existing chemical weapons produc-
tion facility) until the President submits to Congress a written 
certification under subsection (b). 
(b) PRESIDENTIAL CERTIFICATION.—A certification under this 
subsection is either of the following certifications by the President: 
(1) A certification that— 
(A) Russia is making reasonable progress toward the 
implementation of the Bilateral Destruction Agreement; 
(B) the United States and Russia have made substan-
tial progress toward the resolution, to the satisfaction of 
the United States, of outst£inding compliance issues under 
the Wyoming Memorandum of Understanding and the 
Bilateral Destruction Agreement; and 
(C) Russia has fully and accurately declared all 
information regarding its unitary and binary chemical 
weapons, chemical weapons facilities, and other facilities 
associated with chemical weapons. 
(2) A certification that the national security interests of 
the United States could be undermined by a United States 
policy not to carry out chemical weapons destruction activities 
under the Cooperative Threat Reduction programs for which 
funds are authorized to be appropriated under this or any 
other Act for fiscal year 1998. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) The term "Bilateral Destruction Agreement" means the 
Agreement Between the United States of America and the 
Union of Soviet Socialist Republics on Destruction and Non-
production of Chemical Weapons and on Measures to Facilitate 
the Multilateral Convention on Banning Chemical Weapons, 
signed on June 1, 1990. 
I l l STAT. 1962 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) The term "Wyoming Memorandum of Understanding" 
means the Memorandum of Understanding Between the 
Government of the United States of America and the Govern-
ment of the Union of Soviet SociaHst Repubhcs Regarding a 
Bilateral Verification Experiment and Data Exchange Related 
to Prohibition on Chemical Weapons, signed at Jackson Hole, 
Wyoming, on September 23, 1989. 
SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY 
FOR RUSSIAN FISSILE MATERIAL. 
No fiscal year 1998 Cooperative Threat Reduction funds may 
be obligated or expended for planning, design, or construction of 
a storage facility for Russian fissile material until 15 days after 
the date that is the later of the following: 
(1) The date on which the Secretary of Defense submits 
to Congress notification that an implementing agreement 
between the United States and Russia has been entered into 
that specifies the total cost to the United States for the facility. 
(2) The date on which the Secretary submits to Congress 
notification that an agreement has been entered into between 
the United States and Russia incorporating the principle of 
transparency with respect to the use of the facility. 
SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE 
SECURITY. 
No fiscal year 1998 Cooperative Threat Reduction funds 
intended for weapons storage security activities in Russia may 
be obligated or expended until— 
(1) the Secretary of Defense submits to Congress a report 
on the status of negotiations between the United States and 
Russia on audits and examinations with respect to weapons 
storage security; and 
(2) 15 days have elapsed following the date that the report 
is submitted. 
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, 
DUTIES, AND OTHER ASSESSMENTS ON ASSISTANCE 
PROVIDED TO RUSSIA UNDER COOPERATIVE THREAT 
REDUCTION PROGRAMS. 
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 issues regarding payment of taxes, duties, and other 
assessments on assistance provided to Russia under Cooperative 
Threat Reduction programs. The report shall include the following: 
(1) A description of any disputes between the United States 
and Russia with respect to payment by the United States 
of taxes, duties and other assessments on assistance provided 
to Russia under a Cooperative Threat Reduction program, 
including a description of the nature of each dispute, the 
amount of payment disputed, whether the dispute was resolved, 
and if the dispute was resolved, the means by which the dispute 
was resolved. 
(2) A description of the actions taken by the Secretary 
to prevent disputes in the future between the United States 
and Russia with respect to pa5anent by the United States 
of taxes, duties, and other assessments on assistance provided 
to Russia under a Cooperative Threat Reduction program. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1963 
(3) A description of any agreement between the United 
States and Russia with respect to pa)maent by the United 
States of taxes, duties, or other assessments on assistance 
provided to Russia under a Cooperative Threat Reduction pro-
gram. 
(4) Any proposals of the Secretary for actions that should 
be taken to prevent disputes between the United States and 
Russia with respect to payment by the United States of taxes, 
duties, or other assessments on assistance provided to Russia 
under a Cooperative Threat Reduction program. 
SEC. 1410. AVAILABILITY OF FUNDS. 
Funds appropriated pursuant to the authorization of appropria-
tions in section 301 for Cooperative Threat Reduction programs 
shall be available for obligation for three fiscal years. 
TITLE 
XV—FEDERAL 
CHARTER 
FOR 
THE AIR FORCE SERGEANTS ASSOCIA-
TION 
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. 
SEC. 1501. RECOGNITION AND GRANT OF FEDERAL CHARTER. 
36 USC 5801. 
The Air Force Sergeants Association, a nonprofit corporation 
organized under the laws of the District of Columbia, is recognized 
as such and granted a Federal charter. 
SEC. 1502. POWERS. 
36 USC 5802. 
The Air Force Sergeants Association (in this title referred to 
as the "association") shall have only those powers granted to it 
through its bylaws and articles of incorporation filed in the District 
of Columbia and subject to the laws of the District of Columbia. 
SEC. 1503. PURPOSES. 
36 USC 5803. 
The purposes of the association are those provided in its bylaws 
and articles of incorporation and shall include the following: 
(1) To help maintain a highly dedicated and professional 
corps of enlisted personnel within the United States Air Force, 
including the United States Air Force Reserve, and the Air 
National Guard. 
(2) To support fair and equitable legislation and Depart-
ment of the Air Force policies and to influence by lawful means 
departmental plans, programs, policies, and legislative propos-
als that affect enlisted personnel of the Regular Air Force, 
I l l STAT. 1964 
PUBLIC LAW 105-85—NOV. 18, 1997 
the Air Force Reserve, and the Air National Guard, its retirees, 
and other veterans of enhsted service in the Air Force. 
(3) To actively publicize the roles of enlisted personnel 
in the United States Air Force. 
(4) To participate in civil and military activities, youth 
programs, and fundraising campaigns that benefit the United 
States Air Force. 
(5) To provide for the mutual welfare of members of the 
association and their families. 
(6) To assist in recruiting for the United States Air Force. 
(7) To assemble together for social activities. 
(8) To maintain an adequate Air Force for our beloved 
country. 
(9) To foster among the members of the association a devo-
tion to fellow airmen. 
(10) To serve the United States and the United States 
Air Force loyally, and to do all else necessary to uphold and 
defend the Constitution of the United States. 
36 use 5804. 
SEC. 1504. SERVICE OF PROCESS. 
With respect to service of process, the association shall comply 
with the laws of the District of Columbia and those States in 
which it carries on its activities in furtherance of its corporate 
purposes. 
36 use 5805. 
SEC. 1505. MEMBERSHIP. 
Except as provided in section 1508(g), eligibility for membership 
in the association and the rights and privileges of members shall 
be as provided in the bylaws and articles of incorporation of the 
association. 
36 use 5806. 
SEC. 1506. BOARD OF DIRECTORS. 
Except as provided in section 1508(g), the composition of the 
. 
. 
board of directors of the association and the responsibilities of 
the board shall be as provided in the bylaws and articles of incorpo-
ration of the association and in conformity with the laws of the 
District of Columbia. 
36 use 5807. 
SEC. 1507. OFFICERS. 
Except as provided in section 1508(g), the positions of officers 
of the association and the election of members to such positions 
shall be as provided in the bylaws and articles of incorporation 
of the association and in conformity with the laws of the District 
of Columbia. 
36 use 5808. 
SEC. 1508. RESTRICTIONS. 
(a) INCOME AND COMPENSATION.—No part of the income or 
assets of the association may inure to the benefit of any member, 
officer, or director of the association or be distributed to any such 
individual during the life of this charter. Nothing in this subsection 
may be construed to prevent the payment of reasonable compensa-
tion to the officers and employees of the association or reimburse-
ment for actual and necessary expenses in amounts approved by 
the board of directors. 
(b) LOANS.—The association may not make any loan to any 
member, officer, director, or employee of the association. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1965 
(c) ISSUANCE OF STOCK AND PAYMENT OF DIVIDENDS.—The 
association may not issue any shares of stock or declare or pay 
any dividends. 
(d) DISCLAIMER OF CONGRESSIONAL OR FEDERAL APPROVAL.— 
The association may not claim the approval of the Congress or 
the authorization of the Federal Government for any of its activities 
by virtue of this title. 
(e) CORPORATE STATUS.—The association shall maintain its sta-
tus as a corporation organized and incorporated under the laws 
of the District of Columbia. 
(f) CORPORATE FUNCTION.—The association shall function as 
an educational, patriotic, civic, historical, and research organization 
under the laws of the District of Columbia. 
(g) NONDISCRIMINATION.—In establishing the conditions of 
membership in the association and in determining the requirements 
for serving on the board of directors or as an officer of the associa-
tion, the association may not discriminate on the basis of race, 
color, religion, sex, handicap, age, or national origin. 
SEC. 1509. LIABILITY. 
36 USC 5809. 
The association shall be liable for the acts of its officers, direc-
tors, employees, and agents whenever such individuals act within 
the scope of their authority. 
SEC. 1510. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. 
36 USC 5810. 
(a) BOOKS AND RECORDS OF ACCOUNT.—The association shall 
keep correct and complete books and records of account and minutes 
of any proceeding of the association involving any of its members, 
the board of directors, or any committee having authority imder 
the board of directors. 
(b) NAMES AND ADDRESSES OF MEMBERS.—The association shall 
keep at its principal office a record of the names and addresses 
of all members having the right to vote in any proceeding of the 
association. 
(c) RIGHT TO INSPECT BOOKS AND RECORDS.—All books and 
records of the association may be inspected by any member having 
the right to vote in any proceeding of the association, or by any 
agent or attorney of such member, for any proper purpose at any 
reasonable time. 
(d) APPLICATION OF STATE LAW.—This section may not be con-
strued to contravene any applicable State law. 
SEC. 1511. AUDIT OF FINANCIAL TRANSACTIONS. 
The first section of the Act entitled "An Act to provide for 
audit of accounts of private corporations established under Federal 
law", approved August 30, 1964 (36 U.S.C. 1101), is amended— 
(1) by redesignating the paragraph (77) added by section 
1811 of PubUc Law 104-201 (110 Stat. 2762) as paragraph 
(78); and 
(2) by adding at the end the following: 
"(79) Air Force Sergeants Association.", 
SEC 1512. ANNUAL REPORT. 
36USC581L 
The association shall annually submit to Congress a report 
concerning the activities of the association during the preceding 
fiscal year. The annual report shall be submitted on the same 
date as the report of the audit required by reason of the amendment 
I l l STAT. 1966 
PUBLIC LAW 105-85—NOV. 18, 1997 
36 use 5812. 
36 use 5813. 
36 use 5814. 
36 use 5815. 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 1998. 
made in section 1511. The annual report shall not be printed 
as a public document. 
SEC. 1513. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL 
CHARTER. 
The right to alter, amend, or repeal this title is expressly 
reserved to Congress. 
SEC. 1514. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHAR-
TER. 
If the association fails to maintain its status as an organization 
exempt from taxation as provided in the Internal Revenue Code 
of 1986 the charter granted in this title shall terminate. 
SEC. 1515. TERMINATION. 
The charter granted in this title shall expire if the association 
fails to comply with any of the provisions of this title. 
SEC. 1516. DEFINITION OF STATE. 
For purposes of this title, the term "State" includes the District 
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, and the territories and possessions 
of the United States. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "Military Construction 
Authorization Act for Fiscal Year 1998". 
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. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Alabama 
Colorado 
Installation or Location 
Redstone Arsenal 
Fort Huachuca 
Fort Irwin 
Naval Weapons Station, Concord .. 
Fort Carson 
Fort Grordon 
Amount 
$27,000,000 
$20,000,000 
$11,150,000 
$23,000,000 
$47,300,000 
$22,000,000 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1967 
Army: Inside the United States—Continued 
State 
Indiana 
Kansas 
Kentucky 
Missouri 
New Mexico 
North Carolina 
Oklahoma 
South Carolina 
Texas 
Virginia 
Washington 
CONUS Classified 
Installation or Location 
Hunter Army Air Field, Fort Stew-
art 
Schofield Barracks 
Crane Army Ammunition Activity 
Fort Leavenworth 
Fort Riley 
Fort Campbell 
Fort Knox 
Fort Leonard Wood 
Fort Monmouth 
White Sands Missile Range 
Fort Drum 
Fort Bragg 
Fort Sill 
Naval Weapons Station, Charles-
ton. 
Fort Bliss 
Fort Hood 
Fort Sam Houston 
Fort A.P. Hill 
Fort Myer 
Fort Story 
Fort Lewis 
Classified Location 
Total 
Amount 
$54,000,000 
$44,000,000 
$7,700,000 
$63,000,000 
$25,800,000 
$53,600,000 
$7,200,000 
$3,200,000 
$2,050,000 
$6,900,000 
$24,400,000 
$17,700,000 
$25,000,000 
$7,700,000 
$7,700,000 
$27,200,000 
$16,000,000 
$5,400,000 
$8,200,000 
$2,050,000 
$33,000,000 
$6,500,000 
$598,750,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out miUtary construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Army: Outside the United States 
Country 
Germany 
Korea 
Overseas Classified 
Installation or Location 
Ansbach 
Heidelberg 
Mannheim 
Military 
Support 
Group, 
Kaiserslautern 
Camp Casey 
Camp Castle 
Camp Humphreys 
Camp Red Cloud 
Camp Stanley 
Overseas Classified 
Total 
Amount 
$22,000,000 
$8,800,000 
$6,200,000 
$6,000,000 
$5,100,000 
$8,400,000 
$32,000,000 
$23,600,000 
$7,000,000 
$37,000,000 
$156,100,000 
I l l STAT. 1968 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Army: Family Housing 
State 
Arizona 
Hawaii 
Maryland 
New Jersey 
North Carolina 
Texas 
Installation or Location 
Fort Huachuca 
Schofield Barracks 
Fort Meade 
Picatinny Arsenal 
Fort Bragg 
Fort Bliss 
Fort Hood 
Purpose 
55 Units 
132 Units 
56 Units 
35 Units 
174 Units 
91 Units 
130 Units 
Total 
Amount 
$8,000,000 
$26,600,000 
$7,900,000 
$7,300,000 
$20,150,000 
$12,900,000 
$18,800,000 
$101,650,000 
(b) 
PLANNING AND DESIGN.—Using amounts 
appropriated 
pursuant to the authorization 
of appropriations 
in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $9,550,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $86,100,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1997, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $2,010,466,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $435,350,000. 
(2) For the military construction projects outside the United 
States authorized by section 2101(b), $156,100,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$7,400,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$65,577,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $197,300,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,145,339,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1969 
(6) For the construction of the National Range Control 
Center, White Sands Missile Range, New Mexico, authorized 
by section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 1997 (division B of Pubhc Law 104-201; 
110 Stat. 2763), $18,000,000. 
(7) For the construction of the whole barracks complex 
renewal. Fort Knox, Kentucky, authorized by section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
1997 (division B of Public Law 104-201; 110 Stat. 2763), 
$22,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $14,400,000 (the balance of the amount authorized 
under section 2101(a) for the construction of the Force XXI 
Soldier Development School at Fort Hood, Texas); 
(3) $24,000,000 (the balance of the amount authorized 
under section 2101(a) for rail yard expansion at Fort Carson, 
Colorado); 
(4) $43,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a disciplinary 
barracks at Fort Leavenworth, Kansas); 
(5) $42,500,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a barracks at 
Hunter Army Airfield, Fort Stewart, Georgia); 
(6) $17,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a barracks at 
Fort Sill, Oklahoma); 
(7) $14,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a missile software 
engineering facility at Redstone Arsenal, Alabama); and 
(8) $8,500,000 (the balance of the amount authorized under 
section 2101(a) for the construction of an aerial gunnery range 
at Fort Drum, New York). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (7) of subsection (a) 
is the sum of the amounts authorized in such paragraphs, reduced 
by $36,600,000, which represents the combination of savings result-
ing from adjustments to foreign currency exchange rates for military 
construction projects and the support of military family housing 
outside the United States. 
SEC. 2105. CORRECTION E
»
J AUTHORIZED USES OF FUNDS, FORT IRWIN, 
CALIFORNIA. 
The Secretary of the Army may carry out a military construc-
tion project at Fort Irwin, California, to construct a heliport for 
the National Training Center at Barstow-Daggett, California, using 
the following amounts: 
(1) Amounts appropriated pursuant to the authorization 
of appropriations in section 2104(a)(1) of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B of Public 
Law 103-337; 108 Stat. 3029) for a military construction project 
I l l STAT. 1970 
PUBLIC LAW 105-85—NOV. 18, 1997 
involving the construction of an air field at Fort Irwin, as 
authorized by section 2101(a) of such Act (108 Stat. 3027). 
(2) Amounts appropriated pursuant to the authorization 
of appropriations in section 2104(a)(1) of the Military Construc-
tion Authorization Act for Fiscal Year 1996 (division B of Public 
Law 104-106; 110 Stat. 524) for a military construction project 
involving the construction of an air field at Fort Irwin, as 
authorized by section 2101(a) of such Act (110 Stat. 523). 
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. 
Sec. 2206. Increase in authorization for military construction projects at Naval 
Station Roosevelt Roads, Puerto Rico. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Navy: Inside the United States 
State 
Arizona 
Connecticut 
Florida 
Hawaii 
Illinois 
Installation or Location 
Marine Corps Air Station, Yuma ... 
Navy Detachment, Camp Navajo .. 
Marine Corps Air Station, Camp 
Pendleton 
Marine 
Corps 
Air 
Station, 
Miramar 
Marine Corps Air-Ground Combat 
Center, Twentynine Palms 
Marine Corps Base, Camp Pendle-
ton 
Naval Air Facility, El Centro 
Naval Air Station, North Island .... 
Naval Amphibious Base, Coronado 
Naval Construction Battalion Cen-
ter, Port Hueneme 
Naval Submarine Base, New Lon-
don 
Naval Air Station, Jacksonville 
Naval Air Station, Whiting Field .. 
Naval Station, Mayport 
Fort DeRussey 
Marine 
Corps 
Air 
Station, 
Kaneohe Bay 
Naval Communications and Tele-
communications 
Area 
Master 
Station Eastern Pacific, Hono-
lulu 
Naval Station^ Pearl Harbor 
Naval 
Training 
Center, 
Great 
Amount 
$12,250,000 
$11,426,000 
$14,020,000 
$8,700,000 
$3,810,000 
$60,069,000 
$11,000,000 
$19,600,000 
$10,100,000 
$3,200,000 
$21,960,000 
$3,480,000 
$1,300,000 
$17,940,000 
$9,500,000 
$19,000,000 
$3,900,000 
$25,000,000 
$41,220,000 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1971 
Navy: Inside the United States—Continued 
State 
Indiana 
Maryland 
Mississippi 
North Carolina 
Rhode Island 
South Carolina 
Texas 
Virginia 
Washington 
Installation or Location 
Naval 
Surface 
Warfare 
Center, 
Crane 
Naval Electronics System Com-
mand, St. Ingoes 
Naval Air Station, Meridian 
Marine Corps Air Station, Cherry 
Point 
Marine Corps Air Station, New 
River 
Naval Undersea Warfare Center 
Division, Newport 
Marine Corps Air Station, Beau-
fort 
Marine Corps Reserve Detachment 
Parris Island 
Naval Air Station, Corpus Christi 
AEGIS Training Center, Dahlgren 
Fleet 
Combat 
Training 
Center, 
Dam Neck 
Naval Air Station, Norfolk 
Naval Air Station, Oceana 
Naval 
Amphibious 
Base, 
Little 
Creek 
Naval Shipyard, Norfolk, Ports-
mouth 
Naval Station, Norfolk 
Naval 
Surface 
Warfare 
Center, 
Dahlgren 
Naval Weapons Station, Yorktown 
Naval Air Station, Whidbey Island 
Puget 
Sound 
Naval 
Shipyard, 
Bremerton 
Total 
Amount 
$4,120,000 
$2,610,000 
$7,050,000 
$8,800,000 
$19,900,000 
$8,900,000 
$17,730,000 
$3,200,000 
$800,000 
$6,600,000 
$7,000,000 
$18,240,000 
$28,000,000 
$8,685,000 
$29,410,000 
$18,850,000 
$13,880,000 
$14,547,000 
$1,100,000 
$4,400,000 
$521,297,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Bahrain 
Guam 
Italy 
United Kingdom 
Installation or Location 
Administrative Support Unit, Bah-
rain 
Naval Communications and Tele-
communications 
Area 
Master 
Station Western Pacific, Guam .. 
Naval Air Station, Sigonella 
Naval Support Activity, Naples 
Joint 
Maritime 
Communications 
Center, St. Mawgan 
Total 
Amount 
$30,100,000 
$4,050,000 
$21,440,000 
$8,200,000 
$2,330,000 
$66,120,000 
I l l STAT. 1972 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Navy: Family Housing 
State 
California 
Hawaii 
Louisiana 
Texas 
Washington 
Installation or Location 
Marine Corps Air Sta-
tion, Miramar 
Marine Corps Air-
Ground Combat 
Center, Twentynine 
Palms 
Marine Corps Base, 
Camp Pendleton 
Naval Air Station, 
Lemoore 
Naval Complex, San 
Diego 
Naval Complex, Pearl 
Harbor 
Naval Complex, New 
Orleans 
Naval Complex, 
Kingsville and Cor-
pus Christi 
Naval Air Station, 
Whidbey Island 
Purpose 
166 Units 
132 Units 
171 Units 
128 Units 
94 Units 
72 Units 
100 Units 
212 Units 
102 Units 
Total 
Amount 
$28,881,000 
$23,891,000 
$22,518,000 
$23,226,000 
$13,500,000 
$13,000,000 
$11,930,000 
$22,250,000 
$16,000,000 
$175,196,000 
(b) 
PLANNING AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the authorization 
of appropriation 
in 
section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family hous-
ing units in an amount not to exceed $15,100,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $203,536,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1997, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,027,339,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $521,297,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $66,120,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1973 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $11,460,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$46,489,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $393,832,000. 
(B) For support of military housing (including functions 
' 
described in section 2833 of title 10, United States Code), 
$976,504,000. 
(6) For construction of a bachelor enlisted quarters at Naval 
Hospital, Great Lakes, Illinois, authorized by section 2201(a) 
of the Military Construction Authorization Act for Fiscal Year 
1997 (division B of Public Law 104-201; 110 Stat. 2766), 
$5,200,000. 
(7) For construction of a bachelor enlisted quarters at Naval 
Station, Roosevelt Roads, Puerto Rico, authorized by section 
2201(a) of the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of PubHc Law 104-201; 110 Stat. 
2767), $14,600,000. 
(8) For construction of a large anecohic chamber facility 
at Patuxent River Naval Air Warfare Center, Maryland, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1993 (division B of Pubhc Law 102-
484; 106 Stat. 2590), $9,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (8) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $8,463,000, which represents the combination of project 
savings in military family housing construction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; and 
(2) $8,700,000, which represents the combination of savings 
resulting from adjustments to foreign currency exchange rates 
for military construction projects and the support of military 
family housing outside the United States. 
SEC. 2205. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT 
AT NAVAL SrATION, PASCAGOULA, MISSISSIPPI, FOR 
WHICH FUNDS HAVE BEEN APPROPRIATED. 
(a) AUTHORIZATION.—The table in section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 1997 (division 
B of Pubhc Law 104-201; 110 Stat. 2766) is amended— 
(1) by striking out the amount identified as the total and 
inserting in heu thereof "$594,982,000"; and 
(2) by inserting after the item relating to Stennis Space 
Center, Mississippi, the following new item: 
Ill STAT. 1974 
PUBLIC LAW 105-85—NOV. 18, 1997 
"Naval Station, Pascagoula 
$4,990,000". 
(b) CONFORMING AMENDMENTS.—Section 2204(a) of such Act 
(110 Stat. 2769) is amended— 
(1) in the matter preceding the paragraphs, by striking 
out 
"$2,213,731,000" 
and 
inserting 
in 
Heu 
thereof 
"$2,218,721,000"; and 
(2) in paragraph (1) by striking out "$579,312,000" and 
inserting in heu thereof "$584,302,000". 
SEC. 2206. INCREASE IN AUTHORIZATION FOR MILITARY CONSTRUC-
TION PROJECTS AT NAVAL STATION ROOSEVELT ROADS, 
PUERTO RICO. 
(a) INCREASE.—The table in section 2201(b) of the Mihtary 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Pubhc Law 104-201; 110 Stat. 2767) is amended— 
(1) by striking out the amount identified as the total and 
inserting in Heu thereof "$66,150,000"; and 
(2) in the amount column of the item relating to Naval 
Station, 
Roosevelt 
Roads, 
Puerto 
Rico, by striking 
out 
"$23,600,000" and inserting in lieu thereof "$24,100,000". 
(b) CONFORMING AMENDMENT.—Section 2204(b)(4) of such Act 
(110 Stat. 2770) is amended by striking out "$14,100,000" and 
inserting in lieu thereof "$14,600,000". 
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. 
SEC. 
2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(1), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
£ind locations inside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Inside the United States 
State 
Alabama 
Alaska 
Arkansas 
California 
Colorado 
Florida 
Installation or Location 
Maxwell Air Force Base 
Clear Air Station 
Eielson Air Force Base 
Elmendorf Air Force Base 
Indian Mountain 
Luke Air Force Base 
Little Rock Air Force Base 
Edwards Air Force Base 
Vandenberg Air Force Base 
Buckley Air National Guard Base 
Falcon Air Force Station 
Petereon Air Force Base 
United States Air Force Academy 
Eglin Auxiliary Field 9 
Amount 
$14,874,000 
$67,069,000 
$13,764,000 
$6,100,000 
$1,991,000 
$10,000,000 
$3,400,000 
$2,887,000 
$26,876,000 
$6,718,000 
$10,551,000 
$4,081,000 
$15,229,000 
$6,470,000 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1975 
Air Force: Inside the United States—Continued 
State 
Georgia 
Mississippi 
Missouri 
Montana 
Nevada 
New Jersey 
New Mexico 
North Dakota 
Ohio 
South Carolina 
South Dakota 
Texas 
Utah 
Virginia 
Washington 
CONUS Classified 
Installation or Location 
MacDill Air Force Base 
Moody Air Force Base 
Robins Air Force Base 
Mountain Home Air Force Base .... 
McConnell Air Force Base 
Barksdale Air Force Base 
Keesler Air Force Base 
Whiteman Air Force Base 
Malmstrom Air Force Base 
McGuire Air Force Base 
Kirtland Air Force Base 
Pope Air Force Base 
Grand Forks Air Force Base 
Minot Air Force Base 
Wright-Patterson Air Force Base .. 
Altus Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
Shaw Air Force Base 
Ellsworth Air Force Base 
Arnold Air Force Base 
Dyess Air Force Base 
Laughlin Air Force Base 
Randolph Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
Classified Location 
Total 
Amount 
$9,643,000 
$6,800,000 
$27,763,000 
$30,669,000 
$14,519,000 
$19,410,000 
$30,855,000 
$17,419,000 
$4,500,000 
$1,950,000 
$18,754,000 
$20,300,000 
$10,956,000 
$8,560,000 
$5,200,000 
$19,350,000 
$11,000,000 
$9,655,000 
$7,700,000 
$6,072,000 
$6,600,000 
$20,650,000 
$10,000,000 
$4,800,000 
$2,488,000 
$6,470,000 
$4,031,000 
$20,316,000 
$6,470,000 
$6,175,000 
$559,085,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(2), the Secretary of the Air Force may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside the United States 
Country 
Italy 
Korea 
United Kingdom 
Overseas Classified 
Installation or Location 
Spangdahlem Air Base 
Aviano Air Base 
Kunsan Air Base 
Lajes Field, Azores 
Royal Air Force, Lakenheath 
Classified Location 
Total 
Amount 
$18,500,000 
$15,220,000 
$10,325,000 
$4,800,000 
$11,400,000 
$29,100,000 
$89,345,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
I l l STAT. 1976 
PUBLIC LAW 105-85—NOV. 18, 1997 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State 
Installation or Location 
Purpose 
Amount 
California 
Delaware 
District of Columbia 
Florida 
Georgia 
Idaho ... 
Kansas 
Mississippi 
Montana 
New Mexico .. 
North Dakota 
Texas 
Wyoming 
Edwards Air Force 
Base 
Travis Air Force Base 
Vandenberg Air Force 
Base 
Dover Air Force Base 
Boiling Air Force 
Base 
MacDill Air Force 
Base 
Tyndall Air Force 
Base 
Robins Air Force Base 
Mountain Home Air 
Force Base 
McConnell Air Force 
Base 
McConnell Air Force 
Base 
Columbus Air Force 
Base 
Keesler Air Force 
Base 
Malmstrom Air Force 
Base 
Kirtland Air Force 
Base 
Grand Forks Air 
Force Base 
Dyess Air Force Base 
Goodfellow Air Force 
Base 
Lackland Air Force 
Base 
F. E. Warren Air 
Force Base 
51 Units 
70 Units 
108 Units 
Ancillary Facil-
ity 
46 Units 
58 Units 
32 Units 
60 Units 
60 Units 
19 Units 
Ancillary Facil-
ity 
50 Units .. 
40 Units .. 
100 Units 
180 Units 
42 Units 
70 Units 
3 Units 
50 Units 
52 Units 
Total 
$8,500,000 
$9,714,000 
$17,100,000 
$831,000 
$5,100,000 
$10,000,000 
$4,200,000 
$6,800,000 
$11,032,000 
$2,951,000 
$581,000 
$6,200,000 
$5,000,000 
$17,842,000 
$20,900,000 
$7,936,000 
$10,503,000 
$500,000 
$7,400,000 
$6,853,000 
$159,943,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $11,971,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $123,795,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1977 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1997, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $1,791,640,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $559,085,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $89,345,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $8,545,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$44,880,000. 
(5) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $295,709,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $830,234,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and £iny other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $23,858,000, which represents the combination of project 
savings in military construction resulting fi*om favorable bids, 
reduced overhead costs, and cancellations due to force structure 
changes; and 
(2) $12,300,000, which represents the combination of sav-
ings resulting from adjustments to foreign currency exchange 
rates for military construction projects and the support of mili-
tary family housing outside the United States. 
SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT 
AT MCCONNELL AIR FORCE BASE, KANSAS, FOR WHICH 
FUNDS HAVE BEEN APPROPRIATED. 
(a) AUTHORIZATION.—The table in section 2301(a) of the MiH-
tary Construction Authorization Act for Fiscal Year 1997 (division 
B of Public Law 104-201; 110 Stat. 2771) is amended— 
(1) by striking out the amount identified as the total and 
inserting in Ueu thereof "$610,534,000"; and 
(2) in the amount column of the item relating to McConnell 
Air Force Base, Kansas, by striking out "$19,130,000" and 
inserting in lieu thereof "$25,830,000". 
(b) CONFORMING AMENDMENTS.—Section 2304(a) of such Act 
(110 Stat. 2774) is amended— 
(1) in the matter preceding paragraph (1), by striking out 
"$1,894,594,000" and inserting in heu thereof "$1,901,294,000" 
and 
39-194 O - 97 - 29 : QL 3 Part 2 
I l l STAT. 1978 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) in paragraph (1) by striking out "$603,834,000" and 
inserting in lieu thereof "$610,534,000". 
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. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2405(a)(1), the Secretary of Defense may acquire real property 
Eind carry out miUtary construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Defense Commissary Agen-
cy 
Defense Finance and Ac-
counting Service 
Defense Intelligence Agency 
Defense Logistics Agency .... 
Defense Medical Facilities 
Office 
Installation or Location 
Fort Lee, Virginia 
Columbus Center, Ohio 
Naval Air Station, Millington, Ten-
nessee 
Naval Station, Norfolk, Virginia .... 
Naval Station, Pearl Harbor, Ha-
waii 
Boiling Air Force Base, District of 
Columbia 
Redstone Arsenal, Alabama 
Defense 
Distribution 
Depot— 
DDNV, Virginia 
Defense Distribution New Cum-
berland—DDSP, Pennsylvania ... 
Defense 
Fuel 
Support 
Point, 
Craney Island, Virginia 
Defense General Supply Center, 
Richmond (DLA), Virginia 
Elmendorf Air Force Base, Alaska 
Naval Air Station, Jacksonville, 
Florida 
Truax Field, Wisconsin 
Westover Air Reserve Base, Mas-
sachusetts 
CONUS Various, CONUS Various 
Fort Campbell, Kentucky 
Amount 
$9,300,000 
$9,722,000 
$6,906,000 
$12,800,000 
$10,000,000 
$7,000,000 
$32,700,000 
$16,656,000 
$15,500,000 
$22,100,000 
$5,200,000 
$21,700,000 
$9,800,000 
$4,500,000 
$4,700,000 
$11,275,000 
$13,600,000 
PUBLIC LAW 105-85—NOV. 18, 1997 
Defense Agencies: Inside the United States—Continued 
111 STAT. 1979 
Agency 
National Security Agency ... 
Special Operations Com-
mand 
Installation or Location 
Fort Detrick, Maryland 
Fort Lewis, Washington 
Hill Air Force Base, Utah 
Holloman Air Force Base, New 
Mexico 
Lackland Air Force Base, Texas .... 
Marine Corps Combat Develop-
ment Command, Quantico, Vir-
ginia 
McGuire Air Force Base, New Jer-
sey 
Naval Air Station, Pensacola, Flor-
ida 
Naval Station, Everett, Washing-
ton 
Naval Station, San Diego, Califor-
nia 
Naval Submarine Base, New Lon-
don, Connecticut 
Robins Air Force Base, Georgia 
Wright-Patterson Air Force Base, 
Ohio 
Fort Meade, Maryland 
Eglin Auxiliary Field 9, Florida 
Fort Benning, Georgia 
Fort Bragg, North Carolina 
Mississippi 
Army 
Ammunition 
Plant, Mississippi 
Naval Station, Pearl Harbor, Ha-
waii 
Naval Amphibious 
Base, Coro-
nado, California 
Total 
Amount 
$4,650,000 
$5,000,000 
$3,100,000 
$3,000,000 
$3,000,000 
$19,000,000 
$35,217,000 
$2,750,000 
$7,500,000 
$2,100,000 
$2,300,000 
$19,000,000 
$2,750,000 
$29,700,000 
$8,550,000 
$12,314,000 
$9,800,000 
$9,900,000 
$7,400,000 
$7,400,000 
$407,890,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to 
the 
authorization 
of appropriations 
in 
section 
2405(a)(2), the Secretary of Defense may acquire real property 
and carry out mihtary construction projects for the installation 
£ind location outside the United States, and in the amount, set 
forth in the following table: 
Defense Agencies: Outside the United States 
Agency 
Defense Logistics Agency .... 
Installation or Location 
Defense Fuel Support Point, Guam 
Total 
Amount 
$16,000,000 
$16,000,000 
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(13)(A), the Secretary of Defense 
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of military family housing units in an amount not to exceed 
$50,000. 
I l l STAT. 1980 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priation in section 2405(a)(13)(A), the Secretary of Defense may 
improve existing mihtary family housing units in an amount not 
to exceed $4,900,000. 
SEC. 2404. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2405(a)(ll), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code. 
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1997, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments), in the total amount of $2,743,670,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $407,890,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $16,000,000. 
(3) For military construction projects at Anniston Army 
Depot, Alabama, ammunition demilitarization facility, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1993 (division B of the Public Law 
102-484; 106 Stat. 2587), which was originally authorized as 
an Army construction project, but which became a Defense 
Agencies construction project by reason of the amendments 
made by section 142 of the National Defense Authorization 
Act for Fiscal Year 1995 (Pubhc Law 103-337; 108 Stat. 2689), 
$9,900,000. 
(4) For military construction projects at Wsdter Reed Army 
Institute of Research, Maryland, hospital replacement, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1993 (division B of Pubhc Law 102-
484; 106 Stat. 2599), $20,000,000. 
(5) For military construction projects at Umatilla Army 
Depot, Oregon, authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1995 (division 
B of the Public Law 103-337; 108 Stat. 3040), as amended 
by section 2407 of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of Pubhc Law 104-106; 110 
Stat. 539) and section 2408(2) of this Act, $57,427,000. 
(6) For military construction projects at Defense Finance 
and Accounting Service, Columbus, Ohio, authorized by section 
2401(a) of the Military Construction Authorization Act of Fiscal 
Year 1996 (division B of Pubhc Law 104-106; 110 Stat. 535), 
$14,200,000. 
(7) For military construction projects at Naval Hospital, 
Portsmouth, Virginia, hospital replacement, authorized by sec-
tion 2401(a) of the Military Construction Authorization Act 
for Fiscal Years 1990 and 1991 (division B of Public Law 
101-189; 103 Stat. 1640), $17,000,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1981 
(8) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$4,000,000. 
(9) For unspecified minor construction projects under 
section 2805 of title 10, United States Code, $26,075,000. 
(10) For architectural 
and engineering services 
and 
construction design under section 2807 of title 10, United States 
Code, $48,850,000. 
(11) For energy conservation projects authorized by section 
2404, $25,000,000. 
(12) For base closure £ind realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Pubhc Law 101-510; 10 U.S.C. 
2687 note), $2,060,854,000. 
(13) For military family housing functions: 
(A) For improvement and planning of military family 
housing and facilities, $4,950,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$32,724,000 of which not more than $27,673,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variation authorized by section 2853 of 
title 10, United States Code, and any other cost variations author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (13) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $1,200,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military construction projects and the support 
of military family housing outside the United States. 
SEC. 2406. CLARIFICATION OF AUTHORITY RELATING TO FISCAL YEAR 
1997 
PROJECT AT NAVAL STATION, PEARL HARBOR, 
HAWAII. 
The table in section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public Law 
104^201; 110 Stat. 2775) is amended in the item relating to Special 
Operations Command, Naval Station, Ford Island, Pearl Harbor, 
Hawaii, in the installation or location column by striking out "Naval 
Station, Ford Island, Pearl Harbor, Hawaii" and inserting in lieu 
thereof "Naval Station, Pearl Harbor, Hawaii". 
SEC. 2407. CORRECTION IN AUTHORIZED USES OF FUNDS, MCCLELLAN 
AIR FORCE BASE, CALIFORNIA. 
(a) AUTHORITY TO USE PRIOR YEAR FUNDS.—The Secretary 
of Defense may carry out the military construction projects referred 
to in subsection (b), in the amounts specified in that subsection, 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2405(a)(1) of the Military 
Construction 
Authorization Act for Fiscal Year 1995 (division B of Public Law 
103-337; 108 Stat. 3042) for a military construction project involv-
ing the upgrade of the hospital facility at McClellan Air Force 
Ill STAT. 1982 
PUBLIC LAW 105-85—NOV. 18, 1997 
Base, California, as authorized by section 2401 of such Act (108 
Stat. 3040). 
(b) COVERED PROJECTS.—Funds available under subsection (a) 
may be used for military construction projects as follows: 
(1) Construction of an addition to the Aeromedical Clinic 
at Anderson Air Base, Guam, $3,700,000. 
(2) Construction of an occupational health clinic facility 
at Tinker Air Force Base, Oklahoma, $6,500,000. 
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1995 PROJECTS. 
The table in section 2401 of the Military 
Construction 
Authorization Act for Fiscal Year 1995 (division B of Public Law 
103-337; 108 Stat. 3040), as amended by section 2407 of the 
Military Construction Authorization Act for Fiscal Year 1996 (divi-
sion B of Pubhc Law 104-106; 110 Stat. 539), under the agency 
heading relating to Chemical Weapons and Munitions Destruction, 
is amended— 
(1) in the item relating to Pine Bluff Arsenal, Arkansas, 
by striking out "$115,000,000" in the amount column and 
inserting in Heu thereof "$134,000,000"; and 
(2) in the item relating to Umatilla Army Depot, Oregon, 
by striking out "$186,000,000" in the amount column and 
inserting in Heu thereof "$187,000,000". 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1997, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
program authorized by section 2501, in the amount of $152,600,000. 
-*>*}ri4-'-'. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1983 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. 
Sec. 2602. Authorization of miUtary construction projects for which funds have been 
appropriated. 
Sec. 2603. Army Reserve construction project, Camp WilUams, Utah. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) IN GENERAL.—There are authorized to be appropriated for 
fiscal years beginning after September 30, 1997, for the costs of 
acquisition, architectural and engineering services, and construction 
of facilities for the Guard and Reserve Forces, and for contributions 
therefor, under chapter 1803 of title 10, United States Code (includ-
ing the cost of acquisition of land for those facilities), the following 
amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$113,750,000; and 
(B) for the Army Reserve, $66,267,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $47,329,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$190,444,000; and 
(B) for the Air Force Reserve, $30,243,000. 
(b) ADJUSTMENT.—The amount authorized to be appropriated 
pursuant to subsection (a)(1)(B) is reduced by $7,900,000, which 
represents the combination of project savings in military construc-
tion resulting from favorable bids, reduced overhead costs, and 
cancellations due to force structure changes. 
SEC. 2602. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECTS 
FOR WHICH FUNDS HAVE BEEN APPROPRIATED. 
(a) ARMY NATIONAL GUARD, HILO, HAWAIL—Paragraph (1)(A) 
of section 2601 of the Military Construction Authorization Act for 
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 
2780) is amended by striking out "$59,194,000" and inserting in 
lieu thereof "$65,094,000" to account for a project involving addi-
tions and alterations to an Army aviation support facility in Hilo, 
Hawaii. 
(b) NAVAL AND MARINE CORPS RESERVE, NEW ORLEANS.—Para-
graph (2) of such section is amended by striking out "$32,779,000" 
and inserting in lieu thereof "$37,579,000" to account for a project 
for the construction of a bachelor enlisted quarters at Naval Air 
Station, New Orleans, Louisiana. 
SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, CAMP WILLIAMS, 
UTAH. 
With regard to the military construction project for the Army 
Reserve concerning construction of a reserve center and organiza-
tional maintenance shop at Camp Williams, Utah, to be carried 
out using funds appropriated pursuant to the authorization of 
appropriations in section 2601(a)(1)(B), the Secretary of the Army 
shall enter into an agreement with the State of Utah under which 
the State agrees to provide financial or in-kind contributions toward 
I l l STAT. 1984 
PUBLIC LAW 105-85—NOV. 18, 1997 
land acquisition, site preparation, and relocation costs in connection 
with the project. 
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. 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) 
EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment 
program (and authorizations of appropriations therefor) shall expire 
on the later o
f
— 
(1) October 1, 2000; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2001. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later o
f
— 
(1) October 1, 2000; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2001 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1995 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1995 (division B 
of Pubhc Law 103-337; 108 Stat. 3046), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2101, 2201, 2202, 2301, 2302, 2401, or 2601 of such Act, 
shall remain in effect until October 1, 1998, or the date of the 
enactment of an Act authorizing funds for military construction 
for fiscal year 1999, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
PUBLIC LAW 105-85—NOV. 18, 1997 
Army: Extension of 1995 Project Authorization 
111 STAT. 1985 
state 
California 
Installation or location 
Fort Irwin 
Project 
National Train-
ing Center 
Airfield 
Phase I 
Amount 
$10,000,000 
Navy: Extension of 1995 Project Authorizations 
State 
Maryland 
Virginia 
Washington 
CONUS Classified 
Installation or location 
Indian Head Naval 
Surface Warfare 
Center 
Indian Head Naval 
Surface Warfare 
Center 
Norfolk Marine Corps 
Security Force Bat-
talion Atlantic 
Naval Station, Ever-
ett 
Classified Location .... 
Project 
Upgrade Power 
Plant 
Denitrification/ 
Acid Mixing 
Facility 
Bachelor En-
listed Quar-
ters 
New Construc-
tion (Housing 
Office) 
Aircraft Fire 
and Rescue 
and Vehicle 
Maintenance 
Facilities 
Amount 
$4,000,000 
$6,400,000 
$6,480,000 
$780,000 
$2,200,000 
Air Force: 
State 
California 
North Carolina 
Extension of 1995 Project Authorizations 
Installation or location 
Beale Air Force Base 
Los Angeles Air Force 
Station 
Pope Air Force Base .. 
Pope Air Force Base .. 
Project 
Consolidated 
Support Cen-
ter 
Family Housing 
(50 units) 
Combat Control 
Team Facility 
Fire Training 
Facihty 
Amount 
$10,400,000 
$8,962,000 
$2,450,000 
$1,100,000 
Defense Agencies: Extension of 1995 Project Authorizations 
State 
Alabama 
Arkansas 
California 
Installation or location 
Anniston Army Depot 
Pine Bluff Arsenal 
Defense Contract 
Management Area 
Office, El Segundo 
Project 
Carbon Filtra-
tion System .. 
Ammunition 
Demilitariza-
tion Facility 
Administrative 
Buildirg 
Amount 
$5,000,000 
$115,000,000 
$5,100,000 
I l l STAT. 1986 
PUBLIC LAW 105-85—NOV. 18, 1997 
Defense Agencies: Extension of 1995 Project Authorizations—Continued 
State 
Oregon 
Installation or location 
Umatilla Army Depot 
Project 
Ammunition 
Demilitariza-
tion Facility 
Amount 
$186,000,000 
Army National Guard: Extension of 1995 Project Authorizations 
State 
California 
Pennsylvania 
Naval Reser 
State 
Installation or location 
Camp Roberts 
Camp Roberts 
Fort Indiantown Gap 
Project 
Modify Record 
Fire/Mainte-
nance Shop .. 
Combat Pistol 
Range 
Barracks 
Amount 
$3,910,000 
$952,000 
$6,200,000 
ire: Extension of 1995 Project Authorization 
Installation or location 
Naval Air Station 
Marietta 
Project 
Training Cen-
ter 
Amount 
$2,650,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1994 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1994 (division B 
of Pubhc Law 103-160, 107 Stat. 1880), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2201 or 2601 of such Act and extended by section 2702 
of the Military Construction Authorization Act for Fiscal Year 1997 
(division B of Pubhc Law 104-201; 110 Stat. 2783), shall remain 
in effect until October 1, 1998, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
1999, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Navy: Extension of 1994 Project Authorizations 
State 
California 
Connecticut 
Installation or Location 
Camp Pendleton Ma-
rine Corps Base 
New London Naval 
Submarine Base 
Project 
Sewage Facility 
Hazardous 
Waste Trans-
fer Facility ... 
Amount 
$7,930,000 
$1,450,000 
Army National Guard: Extension of 1994 Project Authorization 
state 
New Mexico 
Installation or Location 
White Sands Missile 
Range 
Project 
MATES 
Amount 
$3,570,000 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1987 
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1993 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Mihtary 
Construction Authorization Act for Fiscal Year 1993 (division B 
of PubHc Law 102-484; 106 Stat. 2602), the authorizations for 
the projects set forth in the tables in subsection (b), as provided 
in section 2101 or 2601 of such Act and extended by section 2702 
of the Military Construction Authorization Act for Fiscal Year 1996 
(division B of Pubhc Law 104-106; 110 Stat. 541) and section 
2703 of the Military Construction Authorization Act for Fiscal Year 
1997 (division B of Pubhc Law 104-201; 110 Stat. 2784), shall 
remain in effect until October 1, 1998, or the date of the enactment 
of an Act authorizing funds for military construction for fiscal 
year 1999, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Army: Extension of 1993 Project Authorization 
State 
Arkansas 
Installation or location 
Pine Bluff Arsenal 
Project 
Ammunition De-
militarization 
Support Facil-
ity 
Amount 
$15,000,000 
A r m y N a t i o n a l Guard: E x t e n s i o n of 1993 Project Authorization 
State 
Alabama 
Installation or Location 
Union Springs 
Project 
Armory 
Amount 
$813,000 
SEC. 2705. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1992 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1992 (division B 
of Pubhc Law 102-190; 105 Stat. 1535), authorizations for the 
projects set forth in the table in subsection (b), as provided in 
section 2101 of such Act and extended by section 2702 of the 
Military Construction Authorization Act for Fiscal Year 1995 (divi-
sion B of Pubhc Law 103-337; 108 Stat. 3047), section 2703 of 
the Military Construction Authorization Act for Fiscal Year 1996 
(division B of Pubhc Law 104-106; 110 Stat. 543), and section 
2704 of the Military Construction Authorization Act for Fiscal Year 
1997 (division B of Public Law 104-201; 110 Stat. 2785), shall 
remain in effect until October 1, 1998, or the date of the enactment 
of an Act authorizing funds for military construction for fiscal 
year 1999, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 1992 Project Authorizations 
state 
Oregon 
Installation or location 
Umatilla Army Depot 
Umatilla Army Depot 
Project 
Ammunition De-
militarization 
Support Facil-
ity 
Ammunition De-
militarization 
Utilities 
Amount 
$3,600,000 
$7,500,000 
Ill STAT. 1988 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2706. EXTENSION OF AVAILABILITY OF FUNDS FOR CONSTRUC-
TION OF RELOCATABLE OVER-THE-HORIZON RADAR, 
NAVAL STATION ROOSEVELT ROADS, PUERTO RICO. 
Amounts appropriated under the heading "DRUG INTERDICTION 
AND COUNTER-DRUG ACTIVITIES, DEFENSE" in title VI of the Depari;-
ment of Defense Appropriations Act, 1995 (PubHc Law 103-335; 
108 Stat. 2615), and transferred to the "Military Construction, 
Navy" appropriation for construction of a relocatable over-the-hori-
zon radar at Naval Station Roosevelt Roads, Puerto Rico, shall 
remain available for that purpose until the later o
f
— 
(1) October 1, 1998; or 
(2) the date of enactment of an Act authorizing funds 
for military construction for fiscal year 1999. 
SEC. 2707. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1,1997; or 
(2) the date of the enactment of this Act. 
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 militant installations as sites for new Federal facilities. 
Sec. 2822. Adjustment and diversification assistance to enhance performance of mili-
tary 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 conveyauices 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. Iiill, Virginia. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1989 
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. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. USE OF MOBILITY ENHANCEMENT FUNDS FOR UNSPECIFIED 
MINOR CONSTRUCTION. 
(a) CONGRESSIONAL NOTIFICATION.—Subsection (b)(1) of section 
2805 of title 10, United States Code, is amended by adding at 
the end the following new sentence: "This paragraph shall apply 
Applicability. 
even though the project is to be carried out using funds made 
available to enhance the deployment and mobility of military forces 
and supplies.". 
(b) 
RESTRICTION ON USE OF OPERATION AND MAINTENANCE 
FUNDS.—Subsection (c) of such section is amended— 
(1) in paragraph (1), by striking out "paragraph (2)" and 
inserting in lieu thereof "paragraphs (2) and (3)"; and 
(2) by adding at the end the following new paragraph: 
"(3) The limitations specified in paragraph (1) shall not apply 
to an unspecified minor military construction project if the project 
is to be carried out using funds made available to enhance the 
deplo5anent and mobility of military forces and supplies.". 
(c) 
TECHNICAL 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a)(1)— 
(A) by striking 
out "minor 
military 
construction 
projects" in the first sentence and inserting in lieu thereof 
"unspecified minor military construction projects"; 
(B) by striking out "A minor" in the second sentence 
and inserting in lieu thereof "An imspecified minor"; and 
I l l STAT. 1990 
PUBLIC LAW 105-85—NOV. 18, 1997 
(C) by striking out "a minor" in the last sentence 
and inserting in lieu thereof "an unspecified minor"; 
(2) in subsection (b)(1), by striking out "A minor" and 
inserting in lieu thereof "An unspecified minor"; 
(3) in subsection (b)(2), by striking out "a minor" and insert-
ing in lieu thereof "an unspecified minor"; and 
(4) in subsection (c), by striking out "imspecified military" 
each place it appears and inserting in lieu thereof "unspecified 
minor military". 
SEC. 2802. LIMITATION ON USE OF OPERATION AND MAINTENANCE 
FUNDS FOR FACILITY REPAIR PROJECTS. 
Section 2811 of title 10, United States Code, is amended by 
adding at the end the following new subsections: 
Reports. 
"(d) CONGRESSIONAL NOTIFICATION.—When a decision is made 
to carry out a repair project under this section with an estimated 
cost in excess of $10,000,000, the Secretary concerned shall submit 
to the appropriate committees of Congress a report containing— 
"(1) the justification for the repair project and the current 
estimate of the cost of the project; and 
"(2) the justification for carrying out the project under 
this section. 
"(e) REPAIR PROJECT DEFINED.—In this section, the term 'repair 
project' means a project to restore a real property facility, system, 
or component to such a condition that it may effectively be used 
for its designated functional purpose.". 
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING, UNITED STATES 
SOUTHERN COMMAND, MIAMI, FLORIDA. 
(a) LEASES TO EXCEED MAXIMUM RENTAL.—Section 2828(b) 
of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking out "paragraph (3)" and 
inserting in lieu thereof "paragraphs (3) and (4)"; 
(2) by redesignating paragraph (4) as paragraph (5); £ind 
(3) by inserting after paragraph (3) the following new para-
graph: 
"(4) The Secretary of the Army may lease not more than eight 
housing units in the vicinity of Miami, Florida, for key and essential 
personnel, as designated by the Secretary, for the United States 
Southern Command for which the expenditure for the rental of 
such units (including the cost of utilities, maintenance, and oper-
ation, including security enhancements) exceeds the expenditure 
limitations in paragraphs (2) and (3). The total amount for all 
leases under this paragraph may not exceed $280,000 per year, 
and no lease on any individual housing unit may exceed $60,000 
per year.". 
(b) CONFORMING AMENDMENT.—Paragraph (5) of such section, 
as redesignated by subsection (a)(2), is amended by striking out 
"paragraphs (2) and (3)" and inserting in lieu thereof "paragraphs 
(2), (3), and (4)". 
SEC. 2804. USE OF FINANCIAL INCENTIVES PROVIDED AS PART OF 
ENERGY SAVINGS AND WATER CONSERVATION ACTIVI-
TIES. 
(a) ENERGY SAVINGS.—Section 2865 of title 10, United States 
Code, is amended— 
(1) in subsection (b)— 
j^'ittfjs^ 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1991 
(A) in paragraph (1), by striking out "and financial 
incentives described in subsection (d)(2)"; 
(B) in paragraph (2), by striking out "section 2866(b)" 
both places it appears and inserting in lieu thereof "section 
2866(a)(3)"; and 
(C) by adding at the end the following new paragraph: 
"(3) Financial incentives received from gas or electric utilities 
under subsection (d)(2), and from utilities for management of water 
demand or water conservation under section 2866(a)(2) of this title, 
shall be credited to an appropriation designated by the Secretary 
of Defense. Amounts so credited shall be merged with the appropria-
tion to which credited and shall be available for the same purposes 
and the same period as the appropriation with which merged."; 
and 
(2) in subsection (f), by adding at the end the following 
new sentence: "The Secretary shall also include in each report 
the types and amount of financial incentives received under 
subsection (d)(2) and section 2866(a)(2) of this title during 
the period covered by the report and the appropriation account 
or accounts to which the incentives were credited.", 
(b) WATER CONSERVATION.—Section 2866(b) of such title is 
amended to read as follows: 
"(b) USE OF FINANCIAL INCENTIVES AND WATER COST SAVINGS.— 
(1) Financial incentives received under subsection (a)(2) shall be 
used as provided in section 2865(b)(3) of this title. 
"(2) Water cost savings realized under subsection (a)(3) shall 
be used as provided in section 2865(b)(2) of this title.". 
SEC. 2805. CONGRESSIONAL NOTIFICATION REQUIREMENTS REGARD-
ING USE OF DEPARTMENT OF DEFENSE HOUSING FUNDS 
FOR INVESTMENTS IN NONGOVERNMENTAL ENTITIES. 
Section 2875 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(e) CONGRESSIONAL NOTIFICATION REQUIRED.—Amounts in the 
Department of Defense Family Housing Improvement Fund or the 
Department of Defense Military Unaccompanied Housing Improve-
ment Fund may be used to make a cash investment under this 
section in a nongovernmental entity only after the end of the 
30-day period beginning on the date the Secretary of Defense sub-
mits written notice of, and justification for, the investment to the 
appropriate committees of Congress.". 
Subtitle B—Real Property And Facilities 
Administration 
SEC. 2811. INCREASE IN CEILING FOR MINOR LAND ACQUISITION 
PROJECTS. 
(a) INCREASE.—Section 2672 of title 10, United States Code, 
is amended by striking out "$200,000" both places it appears in 
subsection (a) and inserting in lieu thereof "$500,000". 
(b) CLERICAL AMENDMENTS.—(1) The section heading for such 
section is amended to read as follows: 
I l l STAT. 1992 
PUBLIC LAW 105-85—NOV. 18, 1997 
''§ 2672. Acquisition: interests in land when cost is not more 
than $500,000". 
(2) The table of sections at the beginning of chapter 159 of 
such title is amended by striking out the item relating to section 
2672 and inserting in lieu thereof the following new item: 
"2672. Acquisition: interests in land when cost is not more than $500,000.". 
SEC. 2812. PERMANENT AUTHORITY REGARDING CONVEYANCE OF 
UTILITY SYSTEMS. 
(a) IN GENERAL.—Chapter 159 of title 10, United States Code, 
is amended by inserting after section 2687 the following new section: 
"§ 2688. Utility systems: conveyance authority 
"(a) CONVEYANCE AUTHORITY.—The Secretary of a military 
department may convey a utility system, or part of a utility system, 
under the jurisdiction of the Secretary to a municipal, private, 
regional, district, or cooperative utility company or other entity. 
The conveyance may consist of all right, title, and interest of the 
United States in the utility system or such lesser estate as the 
Secretary considers appropriate to serve the interests of the United 
States. 
"(b) SELECTION OF CONVEYEE.—If more than one utility or 
entity referred to in subsection (a) notifies the Secretary concerned 
of an interest in a conveyance under such subsection, the Secretary 
shall carry out the conveyance through the use of competitive 
procedures. 
"(c) CONSIDERATION.—(1) The Secretary concerned shall require 
as consideration for a conveyance under subsection (a) an amount 
equal to the fair market value (as determined by the Secretary) 
of the right, title, or interest of the United States conveyed. The 
consideration may take the form of— 
"(A) a lump sum payment; or 
"(B) a reduction in charges for utility services provided 
by the utility or entity concerned to the military installation 
at which the utility system is located. 
"(2) If the utility services proposed to be provided as consider-
ation under paragraph (1) are subject to regulation by a Federal 
or State agency, any reduction in the rate charged for the utility 
services shall be subject to establishment or approval by that 
agency. 
"(d) TREATMENT OF PAYMENTS.—(1) A lump sum payment 
received under subsection (c) shall be credited, at the election 
of the Secretary concerned— 
"(A) to an appropriation of the military department con-
cerned available for the procurement of the same utility services 
as are provided by the utility system conveyed under this 
section; 
"(B) to an appropriation of the military department avail-
able for carr3dng out energy savings projects or water conserva-
tion projects; or 
"(C) to an appropriation of the military department avail-
able for improvements to other utility systems. 
"(2) Amounts so credited shall be merged with funds in the 
appropriation to which credited and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
the appropriation with which merged. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1993 
"(e) NOTICE-AND-WAIT REQUIREMENT.—The Secretary concerned 
may not make a conveyance under subsection (a) until— 
"(1) the Secretary submits to the Committee on Armed 
Services and the Committee on Appropriations of the Senate 
and the Committee on National Security and the Committee 
on Appropriations of the House of Representatives £in economic 
analysis (based upon accepted life-cycle costing procedures 
approved by the Secretary of Defense) demonstrating that— 
"(A) the long-term economic benefit of the conveyance 
to the United States exceeds the long-term economic cost 
of the conveyance to the United States; and 
"(B) the conveyance will reduce the long-term costs 
of the United States for utility services provided by the 
utility system concerned; and 
"(2) a period of 21 days has elapsed after the date on 
which the economic analysis is received by the committees. 
"(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary con-
cerned may require such additional terms and conditions in 
connection with a conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
"(g) UTILITY SYSTEM DEFINED.—(1) In this section, the term 
'utility system' means any of the following: 
"(A) A system for the generation and supply of electric 
power. 
"(B) A system for the treatment or supply of water. 
"(C) A system for the collection or treatment of wastewater. 
"(D) A system for the generation or supply of steam, hot 
water, and chilled water. 
"(E) A system for the supply of natural gas. 
"(F) A system for the transmission of telecommunications. 
"(2) The term 'utility system' includes the following: 
"(A) Equipment, fixtures, structures, and other improve-
ments utilized in connection with a system referred to in para-
graph (1). 
"(B) Easements and rights-of-way associated with a system 
referred to in that paragraph. 
"(h) LIMITATION.—This section shall not apply to projects 
constructed or operated by the Army Corps of Engineers under 
its civil works authorities.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2687 the following new item: 
"2688. Utility systems: conveyance authority.". 
SEC. 2813. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL PROPERTY 
TRANSACTIONS. 
(a) ACCEPTANCE AUTHORIZED.—Chapter 159 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§2695. 
Acceptance 
of funds 
to cover 
administrative 
expenses relating to certain real property trans-
actions 
"(a) AUTHORITY TO ACCEPT.—In connection with a real property 
transaction referred to in subsection (b) with a non-Federal person 
or entity, the Secretary of a military department may accept 
I l l STAT. 1994 
PUBLIC LAW 105-85—NOV. 18, 1997 
amounts provided by the person or entity to cover administrative 
expenses incurred by the Secretary in entering into the transaction. 
Applicability. 
"(b) COVERED TRANSACTIONS.—Subsection (a) apphes to the 
following transactions: 
"(1) The exchange of real property. 
"(2) The grant of an easement over, in, or upon real 
property of the United States. 
"(3) The lease or license of real property of the United 
States. 
"(c) USE OF AMOUNTS COLLECTED.—Amounts collected under 
subsection (a) for administrative expenses shall be credited to the 
appropriation, fund, or account from which the expenses were paid. 
Amounts so credited shall be merged with funds in such appropria-
tion, fund, or account and shall be available for the same purposes 
and subject to the same limitations as the funds with which 
merged,". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 159 of such title is amended by adding at the 
end the following new item: 
"2695. Acceptance of funds to cover administrative expenses relating to certain real 
property transactions.". 
SEC. 2814. 
SCREENING OF 
REAL PROPERTY 
TO 
BE 
CONVEYED 
BY 
DEPARTMENT 
OF 
DEFENSE. 
(a) REQUIREMENT.—(1) Chapter 159 of title 10, United States 
Code, is amended by inserting after section 2695, as added by 
section 2813, the following new section: 
"§2696. Screening of real property for further Federal use 
before conveyance 
"(a) SCREENING REQUIREMENT.—The Secretary concerned may 
not convey real property that is authorized or required to be con-
veyed, whether for or without consideration, by any provision of 
law unless the Administrator of General Services has screened 
the property for further Federal use in accordance with the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.). 
Notification. 
"(b) TiME FOR SCREENING.—(1) Before the end of the 30-day 
period beginning on the date of the enactment of a provision of 
law authorizing or requiring the conveyance of a parcel of real 
property by the Secretary concerned, the Administrator of General 
Services shall complete the screening required by paragraph (1) 
with regard to the real property and notify the Secretary concerned 
of the results of the screening. The notice shall include— 
"(A) the name of the Federal agency requesting transfer 
of the property; 
"(B) the proposed use to be made of the property by the 
Federal agency; and 
"(C) the fair market value of the property, including any 
improvements thereon, as estimated by the Administrator. 
"(2) If the Administrator fails to complete the screening and 
notify the Secretary concerned within such period, the Secretary 
concerned shall proceed with the conveyance of the real property 
as provided in the provision of law authorizing or requiring the 
conveyance. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1995 
"(c) NOTICE OF FURTHER FEDERAL USE.—If the Administrator 
of General Services notifies the Secretary concerned under sub-
section (b) that further Federal use of a parcel of real property 
authorized or required to be conveyed by any provision of law 
is requested by a Federal agency, the Secretary concerned shall 
submit a copy of the notice to Congress. 
"(d) CONGRESSIONAL DISAPPROVAL.—If the Secretary concerned 
submits a notice under subsection (c) with regard to a parcel of 
real property, the Secretary concerned may not proceed with the 
conveyance of the real property as provided in the provision of 
law authorizing or requiring the conveyance if Congress enacts 
a law rescinding the conveyance authority or requirement before 
the end of the 180-day period beginning on the date on which 
the Secretary concerned submits the notice. 
"(e) 
EXCEPTED 
CONVEYANCE AUTHORITIES.—The 
screening 
requirements of this section shall not apply to real property author-
ized or required to be conveyed under any of the following provisions 
of law: 
"(1) Section 2687 of this title. 
"(2) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-526; 
10 U.S.C. 2687 note). 
"(3) 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). 
"(4) Any provision of law authorizing the closure or realign-
ment of a military installation that is enacted after the date 
of enactment of the National Defense Authorization Act for 
Fiscal Year 1998. 
"(5) Title II of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 481 et seq.). 
"(6) Any specific provision of law authorizing or requiring 
the transfer of administrative jurisdiction over a parcel of real 
property between Federal agencies.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2695, 
as added by section 2813, the following new item: 
"2696. Screening of real property for further Federal use before conveyance.". 
(b) APPLICABILITY.—Section 2696 of title 10, United States 
lo use 2696 
Code, as added by subsection (a) of this section, shall apply with note. 
respect to any real property authorized or required to be conveyed 
under a provision of law covered by such section that is enacted 
after December 31, 1997. 
SEC. 2815. DISPOSITION OF PROCEEDS OF SALE OF AIR FORCE PLANT 
NO. 78, B R I G H A M CITY, UTAH. 
NotwithstEinding section 204(h)(2)(A) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)(A)), 
the entire amount deposited by the Administrator of General Serv-
ices in the special account in the Treasury (established under section 
204(h)(2) of such Act) as a result of the sale of Air Force Plant 
No. 78, Brigham City, Utah, shall be available, to the extent pro-
vided in appropriations Acts, to the Secretary of the Air Force 
for facility maintenance, facility repair, and environmental restora-
tion at other industrial plants of the Air Force. 
I l l STAT. 1996 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2816. FIRE PROTECTION AND HAZARDOUS MATERIALS PROTEC-
TION AT FORT MEADE, MARYLAND. 
(a) PLAN.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit to the 
congressional 
defense 
committees 
a 
plan 
to 
address 
the 
requirements for fire protection services and hazardous materials 
protection services at Fort Meade, Maryland, including the National 
Security Agency at Fort Meade, as identified in the preparedness 
evaluation report of the Army Corps of Engineers regarding Fort 
Meade. 
(b) ELEMENTS.—The plan shall include the following: 
(1) A schedule for the implementation of the plan. 
(2) A detailed list of funding options available to provide 
centrally located modem facilities and equipment to meet cur-
rent requirements for fire protection services and hazardous 
materials protection services at Fort Meade. 
Subtitle C—Defense Base Closure and 
Realignment 
SEC. 2821. CONSIDERATION OF MILITARY INSTALLATIONS AS SITES 
FOR NEW FEDERAL FACILITIES. 
(a) 1988 LAW.—Section 204(b)(5) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended— 
(1) in subparagraph (A), by striking out "subparagraph 
(B)" and inserting in lieu thereof "subparagraphs (B) and (C)"; 
and 
(2) by adding at the end the following new subparagraph: 
"(C)(i) Before acquiring non-Federal real property as the loca-
tion for a new or replacement Federal facility of any type, the 
head of the Federal agency acquiring the property shall consult 
with the Secretary regarding the feasibility and cost advantages 
of using Federal property or facilities at a military installation 
closed or realigned or to be closed or realigned under this title 
as the location for the new or replacement facility. In considering 
the availability and suitability of a specific military installation, 
the Secretary and the head of the Federal agency involved shall 
obtain the concurrence of the redevelopment authority with respect 
to the installation and comply with the redevelopment plan for 
the installation. 
Reports. 
"(ii) Not later than 30 days after acquiring non-Federal real 
property as the location for a new or replacement Federal facility, 
the head of the Federal agency acquiring the property shall submit 
to Congress a report containing the results of the consultation 
under clause (i) and the reasons why military installations referred 
to in such clause that are located within the area to be served 
by the new or replacement Federal facility or within a 200-mile 
radius of the new or replacement facility, whichever area is greater, 
were considered to be unsuitable or unavailable for the site of 
the new or replacement facility. 
Applicability. 
"(iii) This subparagraph shall apply during the period beginning 
Effective date. 
on the date of the enactment of the National Defense Authorization 
dSr''^*'°'' 
Act for Fiscal Year 1998 and ending on July 31, 2001.". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1997 
(b) 1990 LAW.—Section 2905(b)(5) of the Defense Base Closure 
and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 
note) is amended— 
(1) in subparagraph (A), by striking out "subparagraph 
(B)" and inserting in lieu thereof "subparagraphs (B) and (C)"; 
and 
(2) by adding at the end the following new subparagraph: 
"(C)(i) Before acquiring non-Federal real property as the loca-
tion for a new or replacement Federal facility of any type, the 
head of the Federal agency acquiring the property shall consult 
with the Secretary regarding the feasibility and cost advantages 
of using Federal property or facilities at a military installation 
closed or realigned or to be closed or realigned under this part 
as the location for the new or replacement facility. In considering 
the availability and suitability of a specific military installation, 
the Secretary and the head of the Federal agency involved shall 
obtain the concurrence of the redevelopment authority with respect 
to the installation and comply with the redevelopment plan for 
the installation. 
"(ii) Not later than 30 days after acquiring non-Federal real Reports, 
property as the location for a new or replacement Federal facility, 
the head of the Federal agency acquiring the property shall submit 
to Congress a report containing the results of the consultation 
under clause (i) and the reasons why military installations referred 
to in such clause that are located within the area to be served 
by the new or replacement Federal facility or within a 200-mile 
radius of the new or replacement facility, whichever area is greater, 
were considered to be unsuitable or unavailable for the site of 
the new or replacement facility. 
"(iii) This subparagraph shall apply during the period beginning AM)licability. 
on the date of the enactment of the National Defense Authorization 
Effective date. 
Act for Fiscal Year 1998 and ending on July 31, 2001.". 
dl™^*'"'' 
SEC. 2822. ADJUSTMENT AND DIVERSIFICATION ASSISTANCE TO 
ENHANCE PERFORMANCE OF MILITARY FAMILY SUP-
PORT SERVICES BY PRIVATE SECTOR SOURCES. 
Section 2391(b)(5) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
"(C) The Secretary of Defense may also make grants, conclude 
cooperative agreements, and supplement other Federal funds in 
order to assist a State or local government in enhancing the 
capabilities of the government to support efforts of the Department 
of Defense to privatize, contract for, or diversify the performance 
of military family support services in cases in which the capability 
of the Department to provide such services is adversely affected 
by an action described in paragraph (1).". 
SEC. 2823. SECURITY, FIRE PROTECTION, AND OTHER SERVICES AT 
PROPERTY FORMERLY ASSOCIATED WITH RED RIVER 
ARMY DEPOT, TEXAS. 
(a) AUTHORITY TO ENTER INTO AGREEMENT.—(1) The Secretary 
of the Army may enter into an agreement with the local redevelop-
ment authority for Red River Army Depot, Texas, under which 
agreement the Secretary provides security services, fire protection 
services, or hazardous material response services for the authority 
with respect to the property at the depot that is under the jurisdic-
tion of the authority as a result of the realignment of the depot 
under the base closure laws. 
I l l STAT. 1998 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) The Secretary may not enter into the agreement unless 
the Secretary determines that the provision of services under the 
agreement is in the best interests of the United States. 
(b) REIMBURSEMENT.—The agreement imder subsection (a) shall 
provide for reimbursing the Secretary for the services provided 
by the Secretary under the agreement. 
(c) TREATMENT OF REIMBURSEMENT.—Any amounts received by 
the Secretary under subsection (b) as reimbursement for services 
provided under the agreement entered into under subsection (a) 
shall be credited to the appropriations providing funds for the 
services. Amounts so credited shall be merged with the appropria-
tions to which credited and shall be available for the purposes, 
and subject to the conditions and limitations, for which such appro-
priations are available. 
10 use 2687 
SEC. 2824. REPORT ON CLOSURE AND REALIGNMENT OF MILITARY 
note. 
INSTALLATIONS. 
(a) REPORT.—(1) The Secretary of Defense shall prepare and 
submit to the congressional defense committees a report on the 
costs and savings attributable to the rounds of base closures and 
realignments conducted under the base closure laws and on the 
need, if any, for additional rounds of base closures and realign-
ments. 
(2) For purposes of this section, the term "base closure laws" 
means— 
(A) title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note); and 
(B) the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of PubHc Law 101-510; 10 U.S.C. 2687 
note). 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
(1) A statement, using data consistent with budget data, 
of the actual costs and savings (to the extent available for 
prior fiscal years) and the estimated costs and savings (in 
the case of future fiscal years) attributable to the closure and 
realignment of military installations as a result of the base 
closure laws. 
(2) A comparison, set forth by base closure round, of the 
actual costs and savings stated under paragraph (1) to the 
estimates of costs and savings submitted to the Defense Base 
Closure and Realignment Commission as part of the base clo-
sure process. 
(3) A comparison, set forth by base closure round, of the 
actual costs and savings stated under paragraph (1) to the 
annual estimates of costs and savings previously submitted 
to Congress. 
(4) A list of each military installation at which there is 
authorized to be employed 300 or more civilian personnel, set 
forth by Armed Force. 
(5) An estimate of current excess capacity at military 
installations, set forth— 
(A) as a percentage of the total capacity of the military 
installations of the Armed Forces with respect to all mili-
tary installations of the Armed Forces; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 1999 
(B) as a percentage of the total capacity of the military 
installations of each Armed Force with respect to the mili-
tary installations of such Armed Force; and 
(C) as a percentage of the total capacity of a t5^e 
of military installations with respect to military installa-
tions of such type. 
(6) An assessment of the effect of the previous base closure 
rounds on military capabilities and the ability of the Armed 
Forces to fulfill the National Military Strategy. 
(7) A description of the types of military installations that 
would be recommended for closure or realignment in the event 
of one or more additional base closure rounds, set forth by 
Armed Force. 
(8) The criteria to be used by the Secretary in evaluating 
military installations for closure or realignment in such event. 
(9) The methodologies to be used by the Secretary in identi-
fying military installations for closure or realignment in such 
event. 
(10) An estimate of the costs sind savings that the Secretary 
believes will be achieved as a result of the closure or realign-
ment of military installations in such event, set forth by Armed 
Force and by year. 
(11) An assessment of whether the costs and estimated 
savings from one or more future rounds of base closures and 
realignments, currently unauthorized, are already contained 
in the current Future Years Defense Plan, and, if not, whether 
the Secretary will recommend modifications in future defense 
spending in order to accommodate such costs and savings, 
(c) METHOD OF PRESENTING INFORMATION.—The statement and 
comparison required by paragraphs (1) and (2) of subsection (b) 
shall be set forth by Armed Force, type of facility, and fiscal year, 
and include the following: 
(1) Operation and maintenance costs, including costs associ-
ated with expanded operations and support, maintenance of 
property, administrative support, and allowances for housing 
at military installations to which functions are transferred 
as a result of the closure or realignment of other installations. 
(2) Military construction costs, including costs associated 
with rehabilitating, expanding, and constructing facilities to 
receive personnel and equipment that are transferred to mili-
tary installations as a result of the closure or realignment 
of other installations. 
(3) Environmental clesinup costs, including costs associated 
with assessments and restoration. 
(4) Economic assistance costs, including— 
(A) expenditures on Department of Defense demonstra-
tion projects relating to economic assistance; 
(B) expenditures by the Office of Economic Adjustment; 
and 
(C) to the extent available, expenditures by the Eco-
nomic Development Administration, the Federal Aviation 
Administration, and the Department of Labor relating to 
economic assistance. 
(5) To the extent information is available, imemployment 
compensation costs, early retirement benefits (including bene-
fits paid under section 5597 of title 5, United States Code), 
and worker retraining expenses under the Priority Placement 
I l l STAT. 2000 
PUBLIC LAW 105-85—NOV. 18, 1997 
Program, the Job Training Partnership Act, and any other 
federally funded job training program. 
(6) Costs associated with military health care. 
(7) Savings attributable to changes in military force 
structure. 
(8) Savings due to lower support costs with respect to 
military installations that are closed or realigned. 
(d) DEADLINE.—The Secretary shall submit the report under 
subsection (a) not later than the date on which the President 
submits to Congress the budget for fiscal year 2000 under section 
1105(a) of title 31, United States Code. 
(e) 
REVIEW.—The 
Congressional 
Budget 
Office and the 
Comptroller General shall conduct a review of the report prepared 
under subsection (a). 
(f) PROHIBITION ON USE OF FUNDS.—Except as necessary to 
prepare the report required under subsection (a), no funds author-
ized to be appropriated or otherwise made available to the Depart-
ment of Defense by this Act or any other Act may be used for 
the purposes of planning for, or collecting data in anticipation 
of, an authorization providing for procedures under which the clo-
sure and realignment of military installations may be accomplished, 
until the later o
f
—
-
(1) the date on which the Secretary submits the report 
required by subsection (a); and 
(2) the date on which the Congressional Budget Office 
and the Comptroller General complete a review of the report 
under subsection (e). 
(g) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the Secretary should develop a system having the capac-
ity to quantify the actual costs and savings attributable to 
the closure and realignment of military installations pursuant 
to the base closure process; and 
(2) the Secretary should develop the system in expedient 
fashion, so that the system may be used to quantify costs 
and savings attributable to the 1995 base closure round. 
SEC. 2825. SENSE OF SENATE REGARDING UTILIZATION OF SAVINGS 
DERIVED FROM BASE CLOSURE PROCESS. 
(a) FINDINGS.—The Senate makes the following findings: 
(1) Since 1988, the Department of Defense has conducted 
four rounds of closures and realignments of military installa-
tions in the United States, resulting in the closure of 97 
installations. 
(2) The cost of carr)ang out the closure or realignment 
of installations covered by such rounds is estimated by the 
Secretary of Defense to be $23,000,000,000. 
(3) The savings expected as a result of the closure or 
realignment of such installations are estimated by the Secretary 
to 
be $10,300,000,000 
through 
fiscal 
year 
1996 and 
$36,600,000,000 through 2001. 
(4) In addition to such savings, the Secretary has estimated 
recurring savings as a result of the closure or realignment 
of such installations of approximately $5,600,000,000 annually. 
(5) The fiscal year 1997 budget request for the Department 
assumed 
a 
savings 
of 
between 
$2,000,000,000 
and 
$3,000,000,000 as a result of the closure or realignment of 
such installations, which savings were to be dedicated to the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2001 
modernization of the Armed Forces. The savings assumed in 
the budget request were not reaUzed. 
(6) The fiscal year 1998 budget request for the Department 
assumes a savings of $5,000,000,000 as a result of the closure 
or realignment of such installations, which savings are to be 
dedicated to the modernization of the Armed Forces. 
(b) SENSE OF SENATE ON USE OF SAVINGS RESULTING FROM 
BASE CLOSURE PROCESS.—It is the sense of the Senate that the 
savings identified in the report under section 2824 should be made 
available to the Department of Defense solely for purposes of the 
modernization of new weapon systems (including research, develop-
ment, test, and evaluation relating to such modernization) and 
should be used by the Department solely for such purposes. 
SEC. 2826. PROHIBITION AGAINST CERTAIN CONVEYANCES OF PROP-
ERTY AT NAVAL STATION, LONG BEACH, CALIFORNIA. 
(a) PROHIBITION AGAINST DIRECT CONVEYANCE.—In disposing 
of real property in connection with the closure of Naval Station, 
Long Beach, California, under the Defense Base Closure and 
Reahgnment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note), the Secretary of the Navy may 
not convey any portion of the property (by sale, lease, or other 
method) to the China Ocean Shipping Company or any legal succes-
sor or subsidiary of that Company (in this section referred to 
as "COSCO"). 
(b) PROHIBITION AGAINST INDIRECT CONVEYANCE.—The Sec-
retary of the Navy shall impose as a condition on each conveyance 
of real property located at Naval Station, Long Beach, California, 
the requirement that the property may not be subsequently con-
veyed (by sale, lease, or other method) to COSCO. 
(c) REVERSIONARY INTEREST.—If the Secretary of the Navy 
determines at any time that real property located at Naval Station, 
Long Beach, California, and conveyed under the Defense Base Clo-
sure and Realignment Act of 1990 has been conveyed to COSCO 
in violation of subsection (b) or is otherwise being used by COSCO 
in violation of such subsection, all right, title, and interest in 
and to the property shall revert to the United States, and the 
United States shall have immediate right of entry thereon. 
(d) 
NATIONAL SECURITY REPORT AND DETERMINATION.—Not 
later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense and the Director of the Federal Bureau 
of Investigation shall separately submit to the President and the 
congressional defense committees a report regarding the potential 
national security implications of conveying property described in 
subsection (a) to COSCO. Each report shall specifically identify 
any increased risk of espionage, arms smuggling, or other illegal 
activities that could result from a conveyance to COSCO and rec-
ommend appropriate action to address any such risk. 
(e) WAIVER AUTHORITY.—(1) The President may waive the 
prohibitions contained in this section with respect to a conveyance 
of property described in subsection (a) to COSCO if the President 
determines that— 
(A) appropriate action has been taken to address any 
increased national security risk identified in the reports 
required by subsection (d); and 
I l l STAT. 2002 
PUBLIC LAW 105-85—NOV. 18, 1997 
(B) the conveyance would not adversely affect national 
security or significantly increase the counter-intelligence bur-
den on the intelligence community. 
President. 
(2) Any waiver under paragraph (1) shall take effect 30 days 
Notification. 
after the date on which the President notifies the Speaker of the 
House of Representatives and the President of the Senate of the 
President's determination to use the waiver authority provided 
under this subsection. 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENS-
BORO, ALABAMA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Hale County, Alabama, all right, 
title, £ind interest of the United States in and to a parcel of real 
property consisting of approximately 5.17 acres £ind located at the 
Army Reserve Center, Greensboro, Alabama, that was conveyed 
by Hale County, Alabama, to the United States by warranty deed 
dated September 12, 1988. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be as described in the deed referred to in that subsection. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2832. LAND CONVEYANCE, JAMES T. COKER ARMY RESERVE 
CENTER, DURANT, OKLAHOMA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Big Five Community Services, 
Incorporated, a nonprofit organization operating in Durant, Okla-
homa, all right, title, and interest of the United States in and 
to a parcel of real property located at 1500 North First Street 
in Durant, Oklahoma, and containing the James T. Coker Army 
Reserve Center, if the Secretary determines that the Reserve Center 
is excess to the needs of the Armed Forces. 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the condition that Big 
Five Community Services, Incorporated, retain the conveyed prop-
erty for educational purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the real property conveyed under subsection (a) is not being used 
for the purpose specified in subsection (b), all right, title, and 
interest in and to the real property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by Big Five Community 
Services, Incorporated. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2003 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2833. LAND CONVEYANCE, GIBSON ARMY RESERVE CENTER, 
CHICAGO, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Lawndale Business and Local 
Development Corporation (in this section referred to as the "Cor-
poration"), a nonprofit organization organized in the State of Illinois, 
all right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, that is located 
at 4454 West Cermak Road in Chicago, Illinois, and contains the 
Gibson Army Reserve Center. 
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Corporation— 
(1) use the conveyed property, directly or through an agree-
ment with a public or private entity, for economic redevelop-
ment purposes; or 
(2) convey the property to an appropriate public or private 
entity for use for such purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the real property conveyed under subsection (a) is not being used 
for economic redevelopment purposes, as required by subsection 
(b), all right, title, and interest in and to the property, including 
any improvements thereon, shall revert to the United States, and 
the United States shall have the right of immediate entry onto 
the property. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Corporation. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to Caroline County, Virginia (in this section referred to 
as the "County"), all right, title, and interest of the United States 
in and to a parcel of unimproved real property consisting of approxi-
mately 10 acres located at Fort A. P. Hill, Virginia. The purpose 
of the conveyance is to permit the County to establish a solid 
waste transfer and recycling facility on the property. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the County shall permit the Army, at no cost to 
the Army, to dispose of not less than 1,800 tons of solid waste 
annually at the facility established on the conveyed property. The 
obligation of the County to accept solid waste under this subsection 
shall not commence until after the solid waste transfer and recycling 
facility on the conveyed property becomes operational, and the 
establishment of a solid waste collection and transfer site on the 
.36-acre parcel described in subsection (d)(2) shall not be construed 
to impose the obligation. 
(c) DISCLAIMER.—The United States shall not be responsible 
for the provision or cost of utilities or any other improvements 
necessary to carry out the conveyance under subsection (a) or to 
I l l STAT. 2004 
PUBLIC LAW 105-85—NOV. 18, 1997 
establish or operate the solid waste transfer and recycling facility 
intended for the property. 
(d) REVERSION.—(1) Except as provided in paragraph (2), if 
the Secretary determines that a solid waste transfer and recycling 
facility is not operational, before December 31, 1999, on the real 
property conveyed under subsection (a), all right, title, and interest 
in and to such real property, including any improvements thereon, 
shall revert to the United States, and the United States shall 
have the right of immediate entry thereon. 
(2) Paragraph (1) shall not apply with respect to a parcel 
of approximately .36 acres of the approximately 10-acre parcel 
to be conveyed under subsection (a), which is included in the larger 
conveyance to permit the County to establish a solid waste collection 
and transfer site for residential waste. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2835. LAND CONVEYANCES, FORT DIX, NEW JERSEY. 
(a) CONVEYANCES AUTHORIZED.—(1) The Secretary of the Army 
may convey, without consideration, to the Borough of Wrightstown, 
New Jersey (in this section referred to as the "Borough"), all right, 
title, and interest of the United States in and to a parcel of real 
property (including improvements thereon) consisting of approxi-
mately 39.69 acres located at Fort Dix, New Jersey, for the purpose 
of permitting the Borough to develop the parcel for economic pur-
poses. 
(2) The Secretary may convey, without consideration, to the 
New Hanover Board of Education (in this section referred to as 
the "Board"), all right, title, and interest of the United States 
in and to an additional parcel of real property (including improve-
ments thereon) at Fort Dix consisting of approximately five acres 
for the purpose of permitting the Board to develop the parcel 
for educational purposes. 
(b) CONDITIONS OF CONVEYANCE.—(1) The conveyance under 
subsection (a)(1) shall be subject to the condition that the Borough— 
(A) use the conveyed property, directly or through an agree-
ment with a public or private entity, for economic development 
purposes; or 
(B) convey the property to an appropriate public or private 
entity for use for such purposes. 
(2) The conveyance under subsection (a)(2) shall be subject 
to the condition that the Board develop and use the conveyed 
property for educational purposes. 
(c) REVERSION.—(1) If the Secretary determines at any time 
that the real property conveyed under subsection (a)(1) is not being 
used for economic development purposes, as required by subsection 
(b)(1), all right, title, and interest in and to the property conveyed 
under subsection (a)(1), including any improvements thereon, shall 
revert to the United States, and the United States shall have 
the right of immediate entry thereon. 
(2) If the Secretary determines at any time that the real prop-
erty conveyed under subsection (a)(2) is not being used for edu-
cational purposes, as required by subsection (b)(2), all right, title, 
and interest in and to the property conveyed under subsection 
(a)(2), including any improvements thereon, shall revert to the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2005 
United States, and the United States shall have the right of imme-
diate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by surveys satisfactory to the Secretary. 
The cost of the survey in connection with the conveyance under 
subsection (a)(1) shall be borne by the Borough, and the cost of 
the survey in connection with the conveyance under subsection 
(a)(2) shall be borne by the Board. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2836. LAND CONVEYANCES, FORT BRAGG, NORTH CAROLINA. 
(a) CONVEYANCES AUTHORIZED.—(1) The Secretary of the Army 
may convey, without consideration, to the Town of Spring Lake, 
North Carolina (in this section referred to as the "Town"), all 
right, title, and interest of the United States in and to a parcel 
of unimproved real property consisting of approximately 50 acres 
located at Fort Bragg, North Carolina. 
(2) The Secretary may convey, without consideration, to Harnett 
County, North Carolina (in this section referred to as the "County"), 
all right, title, and interest of the United States in and to a parcel 
of real property (including improvements thereon), known as Tract 
No. 404-2, consisting of approximately 157 acres located at Fort 
Bragg. 
(3) The Secretary may convey, at fair market value, to the 
County all right, title, and interest of the United States in and 
to a parcel of real property (including improvements thereon), 
known as Tract No. 404-1, consisting of approximately 137 acres 
located at Fort Bragg. 
(b) CONDITIONS OF CONVEYANCE.—(1) The conveyance under 
subsection (a)(1) shall be subject to the condition that the Town 
use the conveyed property for access to a waste treatment facility 
and for economic development purposes. 
(2) The conveyance under subsection (a)(2) shall be subject 
to the condition that the County develop and use the conveyed 
property for educational purposes. 
(c) REVERSION.—(1) If the Secretary determines at any time 
that the real property conveyed under subsection (a)(1) is not being 
used in accordance with subsection (b)(1), all right, title, and 
interest in and to the property conveyed under subsection (a)(1), 
including any improvements thereon, shall revert to the United 
States, and the United States shall have the right of immediate 
entry thereon. 
(2) If the Secretary determines at any time that the real prop-
erty conveyed xinder subsection (a)(2) is not being used in accordance 
with subsection (b)(2), all right, title, and interest in and to the 
property conveyed under subsection (a)(2), including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by surveys satisfactory to the Secretary. 
The cost of the survey in connection with the conveyance under 
subsection (a)(1) shall be borne by the Town, and the cost of the 
I l l STAT. 2006 
PUBLIC LAW 105-85—NOV. 18, 1997 
survey in connection with the conveyances under paragraphs (2) 
and (3) of subsection (a) shall be borne by the County. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2837. LAND CONVEYANCE, HAWTHORNE ARMY AMMUNITION 
DEPOT, MINERAL COUNTY, NEVADA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Mineral County, Nevada (in this 
section referred to as the "County"), all right, title, and interest 
of the United States in and to a parcel of excess real property, 
including improvements thereon, consisting of approximately 33.1 
acres located at Hawthorne Army Ammunition Depot, Mineral 
County, Nevada, and commonly referred to as the Schweer Drive 
Housing Area, for the purpose of permitting the County to develop 
the parcel for economic purposes. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the following conditions: 
(1) That the County accept the conveyed property subject 
to such easements and rights of way in favor of the United 
States as the Secretary considers appropriate. 
(2) That the County, if the County sells any portion of 
the property conveyed under subsection (a) before the end of 
the 10-year period beginning on the date of enactment of 
this Act, pay to the United States an amount equal to the 
lesser of— 
(A) the amount of sale of the property sold; or 
(B) the fair market value of the property sold as deter-
mined without taking into account any improvements to 
such property by the County. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a), and of any easement or right of way granted under subsection 
(b)(1), shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a), and any easement or right 
of way granted under subsection (b)(1), as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2838. EXPANSION OF LAND CONVEYANCE AUTHORITY, INDIANA 
ARMY AMMUNITION PLANT, CHARLESTOWN, INDIANA. 
(a) ADDITIONAL CONVEYANCE.—Subsection (a) of section 2858 
of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104-106; 110 Stat. 571) is amended— 
(1) by inserting "(1)" before "The Secretary of the Army"; 
and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary may also convey to the State, without consid-
eration, an additional parcel of real property at the Indiana Army 
Ammunition Plant consisting of approximately 500 acres located 
along the Ohio River.". 
(b) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended by striking out "conveyance" both places it appears in 
subsections (b) and (d) and inserting in lieu thereof "conveyances". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2007 
SEC. 
2839. 
MODIFICATION 
OF 
LAND 
CONVEYANCE, 
LOMPOC, 
CALIFORNIA. 
(a) CHANGE IN AUTHORIZED USES OF LAND.—Section 834(b)(1) 
of the Military Construction Authorization Act, 1985 (PubUc Law 
98-407; 98 Stat. 1526), is amended by striking out subparagraphs 
(A) and (B) and inserting in Ueu thereof the following new subpara-
graphs: 
"(A) for educational and recreational purposes; 
"(B) for open space; or". 
(b) CONFORMING DEED CHANGES.—With respect to the land 
conveyance made pursuant to section 834 of the Military Construc-
tion Authorization Act, 1985, the Secretary of the Army shall exe-
cute and file in the appropriate office or offices an amended deed 
or other appropriate instrument effectuating the changes to the 
authorized uses of the conveyed property resulting from the amend-
ment made by subsection (a). 
SEC. 2840. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN 
ARSENAL, COLORADO. 
Section 5(c)(1) of Public Law 102-402 (106 Stat. 1966; 16 U.S.C. 
668dd note) is amended by striking out the second sentence and 
inserting in lieu thereof the following new sentence: "The Adminis-
trator shall convey the transferred property to Commerce City, 
Colorado, for consideration in an amount equal to the fair market 
value of the property (as determined jointly by the Administrator 
and the City).". 
SEC. 2841. CORRECTION OF LAND CONVEYANCE AUTHORITY, ARMY 
RESERVE CENTER, ANDERSON, SOUTH CAROLINA. 
(a) CORRECTION OF CONVEYEE.—Subsection (a) of section 2824 
of the Military Construction Authorization Act for Fiscal Year 1997 
(division B of Pubhc Law 104-201; 110 Stat. 2793) is amended 
by striking out "County of Anderson, South Carolina (in this section 
referred to as the 'County')" and inserting in lieu thereof "Board 
of Education, Anderson County, South Carolina (in this section 
referred to as the 'Board')". 
(b) CONFORMING AMENDMENTS.—Subsections (b) and (c) of such 
section are each amended by striking out "the County" and inserting 
in lieu thereof "the Board". 
PART II—NAVY CONVEYANCES 
SEC. 2851. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL AIR STATION, 
BRUNSWICK, MAINE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey, without consideration, to the Maine School Administrative 
District No. 75, Topsham, Maine (in this section referred to as 
the "District"), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately 40 acres located at the Topsham Annex, 
Naval Air Station, Brunswick, Maine. 
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the District use 
the conveyed property for educational purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the real property conveyed under subsection (a) is not being used 
for the purpose specified in subsection (b), all right, title, and 
I l l STAT. 2008 
PUBLIC LAW 105-85—NOV. 18, 1997 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry thereon. 
(d) INTERIM LEASE.—(1) Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
lease the property, together with the improvements thereon, to 
the District. 
(2) As consideration for the lease under this subsection, the 
District shall provide such security services for the property covered 
by the lease, and carry out such maintenance work with respect 
to the property, as the Secretary shall specify in the lease. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the District. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a), and the lease, if any, under 
subsection (d), as the Secretary considers appropriate to protect 
the interests of the United States. 
SEC. 
2852. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRL\L 
RESERVE PLANT NO. 464, OYSTER BAY, NEW YORK. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 
may convey, without consideration, to the County of Nassau, New 
York (in this section referred to as the "County"), all right, title, 
and interest of the United States in and to parcels of real property 
consisting of approximately 110 acres and comprising the Naval 
Weapons Industrial Reserve Plant No. 464, Oyster Bay, New York. 
(2)(A) As part of the conveyance authorized in paragraph (1), 
the Secretary may convey to the County such improvements, equip-
ment, fixtures, and other personal property (including special tool-
ing equipment and special test equipment) located on the parcels 
as the Secretary determines to be not required by the Navy for 
other purposes. 
(B) The Secretary may permit the County to review eind inspect 
the improvements, equipment, fixtures, and other personal property 
located on the parcels for purposes of the conveyance authorized 
by this paragraph. 
(b) CONDITION OF CONVEYANCE.—The conveyance of the parcels 
authorized in subsection (a) shall be subject to the condition that 
the County— 
(1) use the parcels, directly or through an agreement with 
a public or private entity, for economic redevelopment purposes 
or such other public purposes as the County determines appro-
priate; or 
(2) convey the parcels to an appropriate public or private 
entity for use for such purposes. 
(c) REVERSION.—If, during the five-year period beginning on 
the date the Secretary makes the conveyance authorized under 
subsection (a), the Secretary determines that the conveyed real 
property is not being used for a purpose specified in subsection 
(b), all right, title, and interest in and to the property, including 
any improvements thereon, shall revert to the United States, and 
the United States shall have the right of immediate entry onto 
the property. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2009 
(d) INTERIM LEASE.—(1) Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary may 
lease the property, together with improvements thereon, to the 
County. 
(2) As consideration for the lease under this subsection, the 
County shall provide such security services and fire protection 
services for the property covered by the lease, and carry out such 
maintenance work with respect to the property, as the Secretary 
shall specify in the lease. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a), and the lease, if any, under 
subsection (d), as the Secretary considers appropriate to protect 
the interests of the United States. 
SEC. 2853. CORRECTION OF LEASE AUTHORITY, NAVAL AIR STATION, 
MERIDIAN, MISSISSIPPI. 
(a) CORRECTION OF LESSEE.—Subsection (a) of section 2837 
of the Military Construction Authorization Act for Fiscal Year 1997 
(division B of Pubhc Law 104-201; 110 Stat. 2798) is amended— 
(1) by striking out "State of Mississippi (in this section 
referred to as the 'State')" and inserting in lieu thereof "County 
of Lauderdale, Mississippi (in this section referred to as the 
'County)"; and 
(2) by striking out "The State" and inserting in lieu thereof 
"The County". 
(b) CONFORMING AMENDMENTS.—Subsections (b) and (c) of such 
section are amended by striking out "State" each place it appears 
and inserting in lieu thereof "County". 
PART III—AIR FORCE CONVEYANCES 
SEC. 2861. LAND TRANSFER, EGLIN AIR FORCE BASE, FLORIDA. 
(a) TRANSFER.—The real property withdrawn by Executive 
Order 4525, dated October 1, 1826, which consists of approximately 
440 acres of land at Cape San Bias, Gulf County, Florida, and 
any improvements thereon, is transferred from the administrative 
jurisdiction of the Secretary of Transportation to the administrative 
jurisdiction of the Secretary of the Air Force, without reimburse-
ment. Executive Order 4525 is revoked, and the transferred real 
property shall be administered by the Secretary of the Air Force 
pursuant to the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.) and such other laws as may be 
applicable to Federal real property. 
(b) USE OF PROPERTY.—The real property transferred under 
subsection (a) may be used in conjunction with operations at Eglin 
Air Force Base, Florida. 
(c) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Air Force. The cost of the survey shall be borne by the Secretary 
of the Air Force. 
3&-194 O - 97 - 30 ; QL 3 Part 2 
I l l STAT. 2010 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 2862. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 
Force may convey to Air Force Village West, Incorporated (in this 
section referred to as the "Corporation"), of Riverside, California, 
all right, title, and interest of the United States in and to a parcel 
of real property located at March Air Force Base, California, and 
consisting of approximately 75 acres, as more fully described in 
subsection (c). 
(2) If the Secretary does not make the conveyance authorized 
by paragraph (1) to the Corporation on or before January 1, 2006, 
the Secretary shall convey the real property instead to the March 
Joint Powers Authority, the redevelopment authority established 
for March Air Force Base. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a)(1), the Corporation shall pay to the United States 
an amount equal to the fair market value of the real property, 
as determined by the Secreteiry. 
(c) LAND DESCRIPTION.—^The real property to be conveyed under 
subsection (a) is contiguous to land conveyed to the Corporation 
pursu£int to section 835 of the Military Construction Authorization 
Act, 1985 (Public Law 98-407; 98 Stat. 1527), and lies within 
sections 27, 28, 33, and 34 of Township 3 South, Range 4 West, 
San Bernardino Base and Meridian, County of Riverside, California. 
The exact acreage and legal description of the real property shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the party receiving the property. 
(d) TECHNICAL CORRECTIONS REGARDING PREVIOUS CONVEY-
ANCE.—Section 835 of the Military Construction Authorization Act, 
1985 (Public Law 98-407; 98 Stat. 1527), is amended— 
(1) in subsection (b), by striking out "subsection (b)" and 
inserting in lieu thereof "subsection (a)"; and 
(2) in subsection (c), by striking out "Clark Street," and 
all that follows through the period and inserting in lieu thereof 
"Village West Drive, on the west by Allen Avenue, on the 
south by 8th Street, and the north is an extension of 11th 
Street between Allen Avenue and Clark Street.". 
SEC 2863. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH 
DAKOTA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Greater Box Elder Area 
Economic Development Corporation, Box Elder, South Dakota (in 
this section referred to as the "Corporation"), all right, title, and 
interest of the United States in and to the parcels of real property 
located at Ellsworth Air Force Base, South Dakota, referred to 
in subsection (b). 
(b) COVERED PROPERTY.—(1) Subject to paragraph (2), the real 
property referred to in subsection (a) is the following: 
(A) A parcel of real property, together with any improve-
ments thereon, consisting of approximately 53.32 acres and 
comprising the Skyway Military Family Housing Area. 
(B) A parcel of real property, together with any improve-
ments thereon, consisting of approximately 137.56 acres and 
comprising the Renal Heights Military Family Housing Area. 
(C) A parcel of real property, together with any improve-
ments thereon, consisting of approximately 14.92 acres and 
comprising the East Nike Military Family Housing Area. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2011 
(D) A parcel of real property, together with any improve-
ments thereon, consisting of approximately 14.69 acres and 
comprising the South Nike Military Family Housing Area. 
(E) A parcel of real property, together with any improve-
ments thereon, consisting of approximately 14.85 acres and 
comprising the West Nike Military Family Housing Area. 
(2) The real property referred to in subsection (a) does not 
include the portion of real property referred to in paragraph (IXB) 
that the Secretary determines to be required for the construction 
of an access road between the main gate of Ellsworth Air Force 
Base and an interchange on Interstate Route 90 located in the 
vicinity of mile marker 67 in South Dakota. 
(c) CONDITIONS OF CONVEYANCE.—The conveyance of the real 
property referred to in subsection (b) shall be subject to the following 
conditions: 
(1) That the Corporation, and any person or entity to 
which the Corporation transfers the property, comply in the 
use of the property with the applicable provisions of the Ells-
worth Air Force Base Air Installation Compatible Use Zone 
Study. 
(2) That the Corporation convey a portion of the real 
property referred to in subsection (b)(1)(A), together with any 
improvements thereon, consisting of approximately 20 acres 
to the Douglas School District, South Dakota, for use for edu-
cation purposes. 
(d) REVERSION.—If the Secretary determines that any portion 
of the real property conveyed under subsection (a) is not being 
used in accordance with the applicable provision of subsection (c), 
all right, title, and interest in and to that portion of the real 
property, including any improvements thereon, shall revert to the 
United States, and the United States shall have the right of imme-
diate entry thereon. 
(e) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the Corporation. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2864. LAND CONVEYANCE, HANCOCK FIELD, SYRACUSE, NEW 
YORK. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 
Force may convey, without consideration, to Onondaga County, 
New York (in this section referred to as the "County"), all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 14.9 acres and located at Hancock Field, Syracuse, 
New York, the site of facilities no longer required for use by the 
152nd Air Control Group of the New York Air National Guard. 
(2) If, at the time of the conveyance authorized by paragraph 
(1), the property to be conveyed is under the jurisdiction of the 
Administrator of General Services rather than the Secretary, the 
Administrator shall make the conveyance. 
I l l STAT. 2012 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) CONDITION OF CONVEYANCE.—The conveyance authorized 
, 
by subsection (a) shall be subject to the condition that the County 
use the property conveyed for economic development purposes. 
(c) REVERSION.—If the Secretary (or the Administrator in the 
event the conveyance is made by the Administrator) determines 
at any time that the property conveyed pursuant to this section 
is not being used for the purposes specified in subsection (b), all 
right, title, and interest in and to the property, including any 
improvements thereon, shall revert to the United States, and the 
United States shall have the right of immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary (or 
the Administrator in the event the conveyance is made by the 
Administrator). The cost of the survey shall be borne by the County. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary (or 
the Administrator in the event the conveyance is made by the 
Administrator) may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as the 
Secretary or the Administrator, as the case may be, considers 
appropriate to protect the interests of the United States. 
SEC. 2865. LAND CONVEYANCE, HAVRE AIR FORCE STATION, MONTANA, 
AND HAVRE TRAINING SITE, MONTANA. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 
Force may convey, without consideration, to the Bear Paw Develop-
ment Corporation, Havre, Montana (in this section referred to as 
the "Corporation"), all, right, title, and interest of the United States 
in and to the real property described in paragraph (2). 
(2) The authority in paragraph (1) applies to the following 
real property: 
(A) A parcel of real property, including any improvements 
thereon, consisting of approximately 85 acres and comprising 
the Havre Air Force Station, Montana. 
(B) A parcel of real property, including any improvements 
thereon, consisting of approximately 9 acres and comprising 
the Havre Training Site, Montana. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the following conditions: 
(1) That the Corporation— 
(A) convey to the Box Elder School District 13G, Mon-
tana, 10 single-family homes located on the property to 
be conveyed under that subsection as jointly agreed upon 
by the Corporation and the school district; and 
(B) grant the school district access to the property 
for purposes of removing the homes from the property. 
(2) That the Corporation— 
(A) convey to the Hays/Lodgepole School District 50, 
Montsma— 
(i) 27 single-family 
homes 
located 
on the 
property to be conveyed under that subsection as 
jointly agreed upon by the Corporation and the school 
district; 
(ii) one barracks housing unit located on the 
property; 
(iii) two steel buildings (nos. 7 and 8) located on 
the property; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2013 
(iv) two tin buildings (nos. 37 and 44) located 
on the property; and 
(v) miscellaneous personal property located on the 
property that is associated with the buildings conveyed 
under this subparagraph; and 
(B) grant the school district access to the property 
for purposes of removing such homes and buildings, the 
housing unit, and such personal property from the property. 
(3) That the Corporation— 
(A) convey to the District 4 Human Resources Develop-
ment Council, Montana, eight single-family homes located 
on the property to be conveyed under that subsection as 
jointly agreed upon by the Corporation and the council; 
and 
(B) grant the council access to the property for purposes 
of removing such homes from the property. 
(4) That any property conveyed under subsection (a) that 
is not conveyed under this subsection be used for economic 
development purposes or housing purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the portion of the property conveyed under subsection (a) which 
is covered by the condition specified in subsection (b)(4) is not 
being used for the purposes specified in that subsection, all right, 
title, and interest in and to such property, including any improve-
ments thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry thereon. 
(d) DESCRIPTION OF PROPERTY.—The exact acreages and legal 
description of the parcels of property to be conveyed under sub-
section (a) shall be determined by surveys satisfactory to the Sec-
retary. The cost of the surveys shall be borne by the Corporation. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2866. LAND CONVEYANCE, CHARLESTON FAMILY HOUSING 
COMPLEX, BANGOR, MAINE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the City of Bangor, Maine 
(in this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property consisting 
of approximately 19.8 acres, including improvements thereon, 
located in Bangor, Maine, and known as the Charleston Family 
Housing Complex. 
(b) PURPOSE OF CONVEYANCE.—^The purpose of the conveyance 
under subsection (a) is to facilitate the reuse of the real property, 
currently unoccupied, which the City proposes to use to provide 
housing opportunities for first-time home buyers. 
(c) CONDITION OF CONVEYANCE.—The conveyance authorized 
by subsection (a) shall be subject to the condition that the City, 
if the City sells any portion of the property conveyed under sub-
section (a) before the end of the 10-year period beginning on the 
date of enactment of this Act, pay to the United States an amoiuit 
equal to the lesser of— 
(1) the amount of sale of the property sold; or 
I l l STAT. 2014 
PUBLIC LAW 105-85—NOV. 18, 1997 
(2) the fair market value of the property sold as determined 
without taking into account any improvements to such property 
by the City. 
(d) DESCRIPTION OF PROPERTY,—The exact acreage and legal 
description of the real property conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2867. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR FORCE 
BASE, SOUTH CAROLINA. 
Section 2874 of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 
583) is amended by adding at the end the following new subsection: 
"(g) STUDY OF EXCHANGE OPTIONS.—TO facilitate the use of 
a land exchange to acquire the real property described in subsection 
(a), the Secretary shall conduct a study to identify real property 
in the possession of the Air Force (located in the State of South 
Carolina or elsewhere) that satisfies the requirements of subsection 
(b)(2), is acceptable to the party holding the property to be acquired, 
Reports. 
and is otherwise suitable for exchange under this section. Not 
later than three months after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 1998, the Sec-
retary shall submit to Congress a report containing the results 
of the study.". 
Subtitle E~Other Matters 
SEC. 
2871. 
REPEAL 
OF 
REQUIREMENT 
TO 
OPERATE 
NAVAL ACADEMY 
DAIRY 
FARM. 
(a) OPERATION.—(1) Chapter 603 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 6976. Operation of Naval Academy dairy farm 
"(a) DISCRETION REGARDING CONTINUED OPERATION.—(1) Sub-
ject to paragraph (2), the Secretary of the Navy may terminate 
or reduce the dairy or other operations conducted at the Naval 
Academy dairy farm located in Gambrills, Maryland. 
"(2) Notwithstanding the termination or reduction of operations 
at the Naval Academy daiiy farm under paragraph (1), the real 
property containing the dairy farm (consisting of approximately 
875 acres)— 
"(A) may not be declared to be excess real property to 
the needs of the Navy or treinsferred or otherwise disposed 
of by the Navy or any Federal agency; and 
"(B) shall be maintained in its rural and agricultural 
nature. 
"(b) LEASE AUTHORITY.—(1) Subject to paragraph (2), to the 
extent that the termination or reduction of operations at the Naval 
Academy dairy farm permit, the Secretary of the Navy may lease 
the real property containing the dairy farm, and any improvements 
and personal property thereon, to such persons and under such 
terms as the Secretary considers appropriate. In leasing any of 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2015 
the property, the Secretary may give a preference to persons who 
will continue dairy operations on the property. 
"(2) Any lease of property at the Naval Academy dairy farm 
shall be subject to a condition that the lessee maintain the rural 
and agricultural nature of the leased property. 
"(c) EFFECT OF OTHER LAWS.—Nothing in section 6971 of this 
title shall be construed to require the Secretary of the Navy or 
the Superintendent of the Naval Academy to operate a dairy farm 
for the Naval Academy in Gambrills, Maryland, or any other loca-
tion.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6976. Operation of Naval Academy dairy farm.". 
(b) CONFORMING REPEAL OF EXISTING REQUIREMENTS.—Section 
810 of the Military Construction Authorization Act, 1968 (Public 
Law 90-110; 81 Stat. 309), is repealed. 
(c) OTHER CONFORMING AMENDMENTS.—(1) Section 6971(b)(5) 
of title 10, United States Code, is amended by inserting "(if any)" 
before the period at the end. 
(2) Section 2105(b) of title 5, United States Code, is amended 
by inserting "(if any)" after "Academy dairy". 
SEC. 2872. LONG-TERM LEASE OF PROPERTY, NAPLES, ITALY. 
(a) AUTHORITY.—Subject to subsection (d), the Secretary of the 
Navy may acquire by long-term lease structures and real property 
relating to a regional hospital complex in Naples, Italy, that the 
Secretary determines to be necessary for purposes of the Naples 
Improvement Initiative. 
(b) LEASE TERM.—Notwithstanding section 2675 of title 10, 
United States Code, the lease authorized by subsection (a) shall 
be for a term of not more than 20 years. 
(c) EXPIRATION OF AUTHORITY.—The authority of the Secretary 
to enter into a lease under subsection (a) shall expire on September 
30, 2002. 
(d) AUTHORITY CONTINGENT ON APPROPRIATIONS ACTS.—The 
authority of the Secretary to enter into a lease under subsection 
(a) is available only to the extent or in the amount provided in 
advance in appropriations Acts. 
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 REPRESENTA-
TIVES. 
The military family housing developments to be constructed 
at two locations on Government property at Lackland Air Force 
Base, Texas, under the authority of subchapter IV of chapter 169 
of title 10, United States Code, shall be designated by the Secretary 
of the Air Force, at an appropriate time, as follows: 
(1) The eastern development shall be designated as "Frank 
Tejeda Estates East". 
(2) The western development shall be designated as "Frank 
Tejeda Estates West". 
SEC. 2874. FIBER-OPTICS BASED TELECOMMUNICATIONS LINKAGE OF 
MILITARY INSTALLATIONS. 
(a) INSTALLATION REQUIRED.—In at least one metropolitan area 
of the United States containing multiple military installations of 
I l l STAT. 2016 
PUBLIC LAW 105-85—NOV. 18, 1997 
one or more military departments or Defense Agencies, the Sec-
retary of Defense shall provide for the installation of fiber-optics 
based telecommunications technology to link as many of the 
installations in the area as practicable in a telecommunications 
network. The Secretary shall use a full and open competitive proc-
ess, consistent with section 2304 of title 10, United States Code, 
to provide for the installation of the telecommunications network 
through one or more new contracts. 
(b) FEATURES OF NETWORK.—The telecommunications network 
shall provide direct access to local and long distance telephone 
carriers, allow for transmission of both classified and unclassified 
information, and take advantage of the various capabilities of fiber-
optics based telecommunications technology. 
(c) TIME FOR REQUEST FOR BIDS OR PROPOSALS.—Not later 
than March 30, 1998, the Secretary of Defense shall release a 
final request for bids or proposals to provide the t»„lecommunications 
network or networks described in subsection (a). 
(d) REPORT ON IMPLEMENTATION.—Not later than December 
31, 1998, the Secretary of Defense shall submit to the congressional 
defense committees a report on the implementation of subsection 
(c), including the metropolitan area or areas selected for the installa-
tion of a fiber-optics based telecommunications network, the current 
telecommunication costs for the Department of Defense in the 
selected area or areas, the estimated cost of the fiber-optics based 
network, and potential areas for the future use of fiber-optics based 
networks. 
sikes Act 
TITLE XXIX—SIKES ACT IMPROVEMENT 
Improvement Act 
g^^ 290L Short title. 
01 lyy/. 
gg^ 2902. Definition of Sikes Act for purposes of amendments. 
conservation 
g^^, 2903. Codification of short title of Act. 
r isn ana wiiaiiie. 
g^^. 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. 
16 u s e 670 note. 
SEC. 2901. SHORT TITLE. 
This title may be cited as the "Sikes Act Improvement Act 
of 1997". 
SEC. 2902. DEFINITION OF SIKES ACT FOR PURPOSES OF AMEND-
MENTS. 
In this title, the term "Sikes Act" means the Act entitled 
"An Act to promote effectual planning, development, maintenance, 
and coordination of wildlife, fish, and game conservation and 
rehabilitation in military reservations", approved September 15, 
1960 (16 U.S.C. 670a et seq.), commonly referred to as the "Sikes 
Act". 
SEC. 2903. CODIFICATION OF SHORT TITLE OF ACT. 
The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting 
before title I the following new section: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2017 
"SECTION 1. SHORT TITLE. 
"This Act may be cited as the 'Sikes Act'.". 
SEC. 2904. PREPARATION OF INTEGRATED NATURAL RESOURCES 
MANAGEMENT PLANS. 
(a) IN GENERAL.—Section 101 of the Sikes Act (16 U.S.C. 
670a(a)) is amended by striking out subsection (a) and inserting 
in lieu thereof the following new subsection: 
"(a) AUTHORITY OF SECRETARY OF DEFENSE.— 
"(1) PROGRAM.— 
"(A) IN GENERAL.—The Secretary of Defense shall carry 
out a program to provide for the conservation 
and 
rehabilitation of natural resources on military installations. 
"(B) INTEGRATED NATURAL RESOURCES MANAGEMENT 
PLAN.—To facilitate the program, the Secretary of each 
military department shall prepare and implement an 
integrated natural resources management plan for each 
military installation in the United States under the juris-
diction of the Secretary, unless the Secretary determines 
that the absence of significant natural resources on a 
particular installation makes preparation of such a plan 
inappropriate. 
"(2) COOPERATIVE PREPARATION.—The Secretary of a mili-
tary 
department 
shall 
prepare 
each 
integrated 
natural 
resources management plan for which the Secretary is respon-
sible in cooperation with the Secretary of the Interior, acting 
through the Director of the United States Fish and Wildlife 
Service, and the head of each appropriate State fish and wildlife 
agency for the State in which the military installation concerned 
is located. Consistent with paragraph (4), the resulting plan 
for the military installation shall reflect the mutual agreement 
of the parties concerning conservation, protection, and manage-
ment offish and wildlife resources. 
"(3) PURPOSES OF PROGRAM.—Consistent with the use of 
military installations to ensure the preparedness of the Armed 
Forces, the Secretaries of the military departments shall carry 
out the program required by this subsection to provide for— 
"(A) the conservation £ind rehabilitation of natural 
resources on military installations; 
"(B) the sustainable multipurpose use of the resources, 
which shall include hunting, fishing, trapping, and non-
consumptive uses; and 
"(C) subject to safety requirements and military secu-
rity, public access to military installations to facilitate the 
use. 
"(4) EFFECT ON OTHER LAW.—Nothing in this title— 
"(A)(i) affects any provision of a Federal law governing 
the conservation or protection of fish and wildlife resources; 
or 
"(ii) enlarges or diminishes the responsibility and 
authority of any State for the protection and management 
offish and resident wildlife; or 
"(B) except as specifically provided in the other provi-
sions of this section and in section 102, authorizes the 
Secretary of a military department to require a Federal 
license or permit to hunt, fish, or trap on a military installa-
tion.". 
I l l STAT. 2018 
PUBLIC LAW 105-85—NOV. 18, 1997 
(b) CONFORMING AMENDMENTS.—Title I of the Sikes Act is 
amended— 
(1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by striking 
out "cooperative plan" each place it appears and inserting in 
lieu thereof "integrated natural resources management plan"; 
(2) in section 101(c) (16 U.S.C. 670a(c)), in the matter 
preceding paragraph (1), by striking out "a cooperative plan" 
and inserting in lieu thereof "an integrated natural resources 
management plan"; 
(3) in section 101(d) (16 U.S.C. 670a(d)), in the matter 
preceding paragraph (1), by striking out "cooperative plans" 
and inserting in lieu thereof "integrated natural resources 
management plans"; 
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking out 
"Cooperative plans" and inserting in lieu thereof "Integrated 
natural resources management plans"; 
(5) in section 102 (16 U.S.C. 670b), by striking out "a 
cooperative plan" and inserting in lieu thereof "an integrated 
natural resources management plan"; 
(6) in section 103 (16 U.S.C. 670c), by striking out "a 
cooperative plan" and inserting in lieu thereof "an integrated 
natural resources management plan"; 
(7) in section 106(a) (16 U.S.C. 670f:a)), by striking out 
"cooperative plans" and inserting in lieu thereof "integrated 
natural resources management plans"; and 
(8) in section 106(c) (16 U.S.C. 670f(c)), by striking out 
"cooperative plans" and inserting in lieu thereof "integrated 
natural resources management plans". 
(c) REQUIRED ELEMENTS OF PLANS.—Section 101(b) of the Sikes 
Act (16 U.S.C. 670a(b)) is amended— 
(1) by striking out "(b) Each cooperative" and all that 
follows through the end of paragraph (1) and inserting in lieu 
thereof the following: 
"(b) REQUIRED ELEMENTS OF PLANS.—Consistent with the use 
of military installations to ensure the preparedness of the Armed 
Forces, each integrated natural resources management plan pre-
pEired under subsection (a)— 
"(1) shall, to the extent appropriate and applicable, 
provide for— 
"(A) fish and wildlife management, land management, 
forest management, and fish- and wildlife-oriented recre-
ation; 
"(B) fish and wildlife habitat enhancement or modifica-
tions; 
"(C) wetland protection, enhancement, and restoration, 
where necessary for support of fish, wildlife, or plants; 
"(D) integration of, and consistency among, the various 
activities conducted under the plan; 
"(E) establishment of specific natural resource manage-
ment goals and objectives and time frames for proposed 
action; 
"(F) sustainable use by the public of natural resources 
to the extent that the use is not inconsistent with the 
needs offish and wildlife resources; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2019 
"(G) public access to the military installation that is 
necessary or appropriate for the use described in subpara-
graph (F), subject to requirements necessary to ensure 
safety and military security; 
"(H) enforcement of applicable natural resource laws 
(including regulations); 
"(I) no net loss in the capability of military installation 
lands to support the military mission of the installation; 
and 
"(J) such other activities as the Secretary of the mili-
tary department determines appropriate;"; 
(2) in paragraph (2), by adding "and" at the end; 
(3) by striking out paragraph (3); 
(4) by redesignating paragraph (4) as paragraph (3); and 
(5) in paragraph (3XA) (as so redesignated), by striking 
out "collect the fees therefor," and inserting in lieu thereof 
"collect, spend, administer, and account for fees for the per-
mits,". 
SEC. 2905. REVIEW FOR PREPARATION OF INTEGRATED NATURAL 
16USC670a 
RESOURCES MANAGEMENT PLANS. 
note. 
(a) DEFINITIONS.—In this section, the terms "military installa-
tion" and "United States" have the meanings provided in section 
100 of the Sikes Act (as added by section 2911). 
(b) REVIEW OF MILITARY INSTALLATIONS.— 
(1) REVIEW.—Not later than 270 days after the date of 
enactment of this Act, the Secretary of each military depart-
ment shall— 
(A) review each military installation in the United 
States that is under the jurisdiction of that Secretary to 
determine the military installations for which the prepara-
tion of an integrated natural resources management plan 
under section 101 of the Sikes Act (as amended by this 
title) is appropriate; and 
(B) submit to the Secretary of Defense a report on Reports, 
the determinations. 
(2) REPORT TO CONGRESS.—Not later than one year after 
the date of enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the reviews conducted 
under paragraph (1). The report shall include— 
(A) a list of the military installations reviewed under 
paragraph (1) for which the Secretary of the appropriate 
military department determines that the preparation of 
an integrated natural resources management plan is not 
appropriate; and 
(B) for each of the military installations listed under 
subparagraph (A), an explsmation of each reason such a 
plan is not appropriate. 
(c) DEADLINE FOR INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLANS.—Not later than three years after the date of the 
submission of the report required under subsection (b)(2), the Sec-
retary of each military department shall, for each military installa-
tion with respect to which the Secretary has not determined under 
subsection (b)(2XA) that preparation of an integrated natural 
resources management plan is not appropriate— 
I l l STAT. 2020 
PUBLIC LAW 105-85—NOV. 18, 1997 
(1) prepare and begin implementing such a plan in accord-
ance with section 101(a) of the Sikes Act (as amended by 
this title); or 
(2) in the case of a military installation for which there 
is in effect a cooperative plan under section 101(a) of the 
Sikes Act on the day before the date of enactment of this 
Act, complete negotiations with the Secretary of the Interior 
and the heads of the appropriate State agencies regarding 
cheinges to the plan that are necessary for the plan to constitute 
an integrated natural resources management plan that complies 
with that section, as amended by this title. 
(d) PUBLIC COMMENT.—The Secretary of each military depart-
ment shall provide an opportunity for the submission of public 
comments on— 
(1) integrated natural resources management plans pro-
posed under subsection (c)(1); and 
(2) changes to cooperative plans proposed under subsection 
(0(2). 
SEC. 2906. TRANSFER OF WILDLIFE CONSERVATION FEES FROM 
CLOSED MILITARY INSTALLATIONS. 
Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as 
redesignated by section 2904(c)(4)) is amended by inserting before 
the period at the end the following: ", unless the military installation 
is subsequently closed, in which case the fees may be transferred 
to another military installation to be used for the same purposes". 
SEC. 2907. ANNUAL REVIEWS AND REPORTS. 
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended 
by adding at the end the following new subsection: 
"(f) REVIEWS AND REPORTS.— 
"(1) SECRETARY OF DEFENSE.—Not later than March 1 of 
each year, the Secretary of Defense shall review the extent 
to which integrated natural resources management plans were 
prepared or were in effect and implemented in accordguice 
with this title in the preceding year, and submit a report 
on the findings of the review to the committees. Each report 
shall include— 
"(A) the number of integrated natural 
resources 
management plans in effect in the year covered by the 
report, including the date on which each plan was issued 
in final form or most recently revised; 
"(B) the amounts expended on conservation activities 
conducted pursuant to the plans in the year covered by 
the report; and 
"(C) an assessment of the extent to which the plans 
comply with this title. 
"(2) SECRETARY OF THE INTERIOR.—Not later than March 
1 of each year and in consultation with the heads of State 
fish and wildlife agencies, the Secretary of the Interior shall 
submit a report to the committees on the amounts expended 
by the Department of the Interior and the State fish £uid 
wildlife agencies in the year covered by the report on conserva-
tion activities conducted pursuant to integrated 
natural 
resources management plans. 
"(3) DEFINITION OF COMMITTEES.—In this subsection, the 
term 'committees' means— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2021 
"(A) the Committee on Resources and the Committee 
on National Security of the House of Representatives; and 
"(B) the Committee on Armed Services and the 
Committee on Environment and PubUc Works of the 
Senate.". 
SEC. 2908 COOPERATIVE AGREEMENTS. 
Section 103a of the Sikes Act (16 U.S.C. 670c-l) is amended— 
(1) in subsection (a), by striking out "Secretary of Defense" 
and inserting in heu thereof "Secretary of a mihtary depart-
ment"; 
(2) by striking out subsection (b) and inserting in heu 
thereof the following new subsection: 
"(b) MuLTiYEAR AGREEMENTS.—Funds appropriated to the 
Department of Defense for a fiscal year may be obligated to cover 
the cost of goods and services provided under a cooperative agree-
ment entered into under subsection (a) or through an agency agree-
ment under section 1535 of title 31, United States Code, during 
any 18-month period beginning in that fiscal year, without regard 
to whether the agreement crosses fiscal years.". 
SEC. 2909. FEDERAL ENFORCEMENT. 
Title I of the Sikes Act is amended— 
(1) by redesignating section 106 (16 U.S.C. 670f) as section 
108; and 
(2) by inserting after section 105 (16 U.S.C. 670e) the 
following new section: 
"SEC. 
1
0
6
. 
FEDERAL 
ENFORCEMENT 
OF 
OTHER 
LAWS. 
16 
USC 
670e-l. 
"All Federal laws relating to the management of natural 
resources on Federal land may be enforced by the Secretary of 
Defense with respect to violations of the laws that occur on military 
installations within the United States.". 
SEC. 2910. NATURAL RESOURCES MANAGEMENT SERVICES. 
Title I of the Sikes Act is amended by inserting after section 
106 (as added by section 2909) the following new section: 
"SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES. 
16 USC 670e-2. 
"To the extent practicable using available resources, the Sec-
retary of each military department shall ensure that sufficient 
numbers of professionally trained natural resources management 
personnel and natural resources law enforcement personnel are 
available and assigned responsibility to perform tasks necessary 
to carry out this title, including the preparation and implementation 
of integrated natural resources management plans.". 
SEC. 2911. DEFINITIONS. 
Title I of the Sikes Act is amended by inserting before section 
101 (16 U.S.C. 670a) the following new section: 
"SEC. 100. DEFINITIONS. 
16 USC 670. 
"In this title: 
"(1) MILITARY INSTALLATION.—The term 'military installa-
tion'— 
"(A) me£ins any land or interest in land owned by 
the United States and administered by the Secretary of 
Defense or the Secretary of a military department, except 
I l l STAT. 2022 
PUBLIC LAW 105-85—NOV. 18, 1997 
land under the jurisdiction of the Assistant Secretary of 
the Army having responsibihty for civil works; 
"(B) includes all public lands withdrawn from all forms 
of appropriation under public land laws and reserved for 
use by the Secretary of Defense or the Secretary of a 
military department; and 
"(C) does not include any land described in subpara-
graph (A) or (B) that is subject to an approved recommenda-
tion for closure under the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public 
Law 101-510; 10 U.S.C. 2687 note). 
"(2) STATE FISH AND WILDLIFE AGENCY.—The term 'State 
fish and wildlife agency' means the one or more agencies of 
State government that are responsible under State law for 
managing fish or wildlife resources. 
"(3) UNITED STATES.—The term 'United States' means the 
States, the District of Columbia, and the territories and posses-
sions of the United States.". 
SEC. 2912. REPEAL OF SUPERSEDED PROVISION. 
Section 2 of the Act of October 27, 1986 (Public Law 99-
561; 16 U.S.C. 670a-l), is repealed. 
SEC. 2913. TECHNICAL AMENDMENTS. 
Title I of the Sikes Act, as amended by this title, is amended— 
(1) in the heading for the title, by striking out "MILITARY 
RESERVATIONS" and inserting in lieu thereof "MILITARY 
INSTALLATIONS"; 
(2) in section 101(b)(3) (16 U.S.C. 670a(b)(3)), as redesig-
nated by section 2904(c)(4)— 
(A) in subparagraph (A), by striking out "the reserva-
tion" and inserting in lieu thereof "the installation"; and 
(B) in subparagraph (B), by striking out "the military 
reservation" and inserting in lieu thereof "the military 
installation"; 
(3) in section 101(c) (16 U.S.C. 670a(c))— 
(A) in paragraph (1), by striking out "a military 
reservation" and inserting in lieu thereof "a military 
installation"; and 
(B) in paragraph (2), by striking out "the reservation" 
and inserting in lieu thereof "the installation"; 
(4) in section 101(e) (16 U.S.C. 670a(e)), by striking "the 
Federal Grant and Cooperative Agreement Act of 1977 (41 
U.S.C. 501 et seq.)" and inserting "chapter 63 of title 31, United 
States Code"; 
(5) in section 102 (16 U.S.C. 670b), by striking out "military 
reservations" and inserting in lieu thereof "military installa-
tions"; and 
(6) in section 103 (16 U.S.C. 670c)— 
(A) by striking out "military reservations" and inserting 
in lieu thereof "military installations"; and 
(B) by striking out "such reservations" and inserting 
in lieu thereof "the installations". 
SEC. 2914. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS.— 
Subsections (b) and (c) of section 108 of the Sikes Act (as redesig-
nated by section 2909(1)) are each amended by striking out "1983" 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2023 
and all that follows through "1993," and inserting in lieu thereof 
"1998 through 2003,". 
(b) CONSERVATION PROGRAMS ON PUBLIC LANDS.—Section 209 
of the Sikes Act (16 U.S.C. 670o) is amended— 
(1) in subsection (a), by striking out "the sum of 
$10,000,000" and all that follows through "to enable the Sec-
retary of the Interior" and inserting in lieu thereof "$4,000,000 
for each of fiscal years 1998 through 2003, to enable the Sec-
retary of the Interior"; and 
(2) in subsection (b), by striking out "the sum of 
$12,000,000" and all that follows through "to enable the Sec-
retary of Agriculture" and inserting in lieu thereof "$5,000,000 
for each of fiscal years 1998 through 2003, to enable the Sec-
retary of Agriculture". 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Subtitle B—Recurring Greneral 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 mnds 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. 
I l l STAT. 2024 
PUBLIC LAW 105-85—NOV. 18, 1997 
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, Bandeher 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. 
Sec. 3169. Report on alternative system for availability of funds. 
Sec. 3170. Report on remediation under the Formerly Utilized Sites Remedial 
Action Program. 
Subtitle A—^National Security Programs 
Authorizations 
SEC. 3101. WEAPONS ACTIVITIES. 
(a) STOCKPILE STEWARDSHIP.—Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 
1998 for stockpile stewardship in carrying out weapons activities 
necessary for national security programs in the amount of 
$1,867,150,000, to be allocated as follows: 
(1) For core stockpile stewardship, $1,387,100,000, to be 
allocated as follows: 
(A) For operation and maintenance, $1,288,290,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
f
rior 
years, 
and 
land 
acquisition 
related 
thereto), 
98,810,000, to be allocated as follows: 
Project 
97-D-102, 
dual-axis 
radiographic 
hydrotest facility, Los Alamos National Laboratory, Los 
Alamos, New Mexico, $46,300,000. 
Project 96-D-102, stockpile stewardship facilities 
revitalization. Phase VI, various locations, $19,810,000. 
Project 96-D-103, ATLAS, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $13,400,000. 
Project 
96-D-105, 
contained 
firing 
facility 
addition, Lawrence Livermore National Laboratory, 
Livermore, California. $19,300,000. 
(2) For inertial fusion, $414,800,000, to be allocated as 
follows: 
(A) For operation and maintenance, $217,000,000. 
(B) For the following plant project (including mainte-
nance, restoration, planning, construction, acquisition, and 
modification of facilities, and land acquisition related there-
to), $197,800,000, to be allocated as follows: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2025 
Project 96-D-lll, national ignition facility, loca-
tion to be determined, $197,800,000. 
(3) For technology transfer and education, $65,250,000, 
to be allocated as follows: 
(A) For technology transfer, $56,250,000. 
(B) For education, $9,000,000. 
(b) STOCKPILE MANAGEMENT.—Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 
1998 for stockpile management in carrying out weapons activities 
necessary for national security programs in the amount of 
$2,052,150,000, to be allocated as follows: 
(1) For operation and maintenance, $1,891,265,000. 
(2) For plant projects (including maintenance, restoration, 
planning, construction, acquisition, modification of facilities, 
and the continuation of projects authorized in prior years, and 
land acquisition related thereto), $160,885,000, to be allocated 
as follows: 
Project 98-D-123, stockpile management restructuring 
initiative, tritium factory modernization and consolidation. 
Savannah River Site, Aiken, South Carolina, $11,000,000. 
Project 98-D-124, stockpile management restructuring 
initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee, 
$6,450,000. 
Project 98-D-125, tritium extraction facility, Savannah 
River Site, Aiken, South Carolina, $9,650,000. 
Project 98-D-126, accelerator production of tritium, 
various locations, $67,865,000. 
Project 97-D-122, nuclear materials storage facility 
renovation, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $9,200,000. 
Project 97-D-124, steam plant wastewater treatment 
facility upgrade, Y-12 Plant, Oak Ridge, Tennessee, 
$1,900,000. 
Project 96-D-122, sewage treatment quality upgrade 
(STQU), Pantex Plant, Amarillo, Texas, $6,900,000. 
Project 96-D-123, retrofit heating, ventilation, and air 
conditioning and chillers for ozone protection, Y-12 Plant, 
Oak Ridge, Tennessee, $2,700,000. 
Project 95-D-102, chemistry and metallurgy research 
(CMR) upgrades project, Los Alamos National Laboratory, 
Los Alamos, New Mexico, $5,000,000. 
Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, 
Oak Ridge, Tennessee, $12,600,000. 
Project 94^D-124, hydrogen fluoride supply system, 
Y-12 Plant, Oak Ridge, Tennessee, $1,400,000. 
Project 94-D-125, upgrade life safety, Kansas City 
Plant, Kansas City, Missouri, $2,000,000. 
Project 93-D-122, life safety upgrades, Y-12 Plant, 
Oak Ridge, Tennessee, $2,100,000. 
Project 
92-D-126, replace 
emergency 
notification 
system, various locations, $3,200,000. 
Project 
88-D-122, 
facilities 
capability 
assurance 
program, various locations, $18,920,000. 
(c) PROGRAM DIRECTION.—Fimds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1998 
for program direction in carrying out weapons activities necessary 
for national security programs in the amount of $250,000,000. 
I l l STAT. 2026 
PUBLIC LAW 105-85—NOV. 18, 1997 
(d) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in subsections (a) through (c) reduced by 
$22,608,000. 
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGE-
MENT. 
(a) ENVIRONMENTAL RESTORATION.—Funds are hereby author-
ized to be appropriated to the Department of Energy for fiscal 
year 1998 for environmental restoration in canying out environ-
mental restoration and waste management activities necessary for 
national security programs in the amount of $1,010,973,000, of 
which $388,000,000 shall be allocated to the uranium enrichment 
decontamination and decommissioning fund. 
(b) 
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT 
CLOSURE 
PROJECTS.—Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 1998 for closure projects 
in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount 
of $875,000,000, to be allocated as follows: 
Project 98-CLR-l, Rocky Flats Closure Site, Denver, Colo-
rado, $648,400,000. 
Project 98-CLR-2, Femald Environmental Management 
Project, Femald, Ohio, $226,600,000. 
(c) WASTE MANAGEMENT.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1998 
for waste management in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $1,571,644,000, to be allocated as follows: 
(1) For operation and maintenance, $1,490,876,000. 
(2) For plant projects (including maintenance, restoration, 
planning, construction, acquisition, modification of facilities, 
and the continuation of projects authorized in prior years, and 
land acquisition related thereto), $80,768,000, to be allocated 
as follows: 
Project 98-D-401, H-tank farm storm water systems 
upgrade. Savannah River Site, Aiken, South Carolina, 
$1,000,000. 
Project 97-D-402, tank farm restoration and safe 
operations, Richland, Washington, $13,961,000. 
Project 
96-D-408, 
waste 
management 
upgrades, 
various locations, $8,200,000. 
Project 95-D-402, install permanent electrical service. 
Waste Isolation Pilot Plant, Carlsbad, New Mexico, 
$176,000. 
Project 95-D-405, industrial landfill V and construc-
tion/demolition landfill VII, Y-12 Plant, Oak Ridge, 
Tennessee, $3,800,000. 
Project 
95-D-407, 
219-S 
secondary 
containment 
upgrade, Richland, Washington, $2,500,000. 
Project 94-D-404, Melton Valley storage tank capacity 
increase. Oak Ridge National Laboratory, Oak Ridge, 
Tennessee, $1,219,000. 
Project 94-D-407, initial tank retrieval 
systems, 
Richland, Washington, $15,100,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2027 
Project 93-D-187, high-level waste removal from filled 
waste tanks, Savannah River Site, Aiken, South Carolina, 
$17,520,000. 
Project 92-D-172, hazardous waste treatment and 
processing 
facility, 
Pantex 
Plant, 
Amarillo, 
Texas, 
$5,000,000. 
Project 89-D-174, replacement high-level waste evapo-
rator, 
Savannah 
River Site, Aiken, South 
Carolina, 
$1,042,000. 
Project 86-D-103, decontamination and waste treat-
ment facility, Lawrence Livermore National Laboratory, 
Livermore, California, $11,250,000. 
(d) TECHNOLOGY DEVELOPMENT.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 
1998 for technology development in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $220,000,000. 
(e) NUCLEAR MATERIALS AND FACILITIES STABILIZATION.—Funds 
are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1998 for nuclear materials and facilities 
stabilization in canying out environmental restoration and waste 
management activities necessary for national security programs 
in the amount of $1,256,821,000, to be allocated as follows: 
(1) For operation and maintenance, $1,176,114,000. 
(2) For plant projects (including maintenance, restoration, 
planning, construction, acquisition, modification of facilities, 
and the continuation of projects authorized in prior years, and 
land acquisition related thereto), $80,707,000, to be allocated 
as follows: 
Project 98-D-453, plutonium stabilization and han-
dling system for plutonium finishing plant, Richland, 
Washington, $8,136,000. 
Project 98-D-700, road rehabilitation, Idaho National 
Engineering Laboratory, Idaho, $500,000. 
Project 97-D-450, actinide packaging and storage facil-
ity. 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$18,000,000. 
Project 97-D-451, B-Plant safety class ventilation 
upgrades, Richland, Washington, $2,000,000. 
Project 97-D-470, environmental monitoring labora-
tory/health physics site support facility. Savannah River 
Site, Aiken, South Carolina, $5,600,000. 
Project 96-D-406, spent nuclear fuels canister storage 
and 
stabilization 
facility, 
Richland, 
Washington, 
$16,744,000. 
Project 
96-D-461, electrical distribution 
upgrade, 
Idaho National Engineering Laboratory, Idaho, $2,927,000. 
Project 
96-D-464, 
electrical 
£ind utility 
systems 
upgrade, Idaho Chemical Processing Plant, Idaho National 
Engineering Laboratory, Idaho, $14,985,000. 
Project 96-D-471, chlorofluorocarbon heating, ventila-
tion, and air conditioning and chiller retrofit. Savannah 
River Site, Aiken, South Carolina, $8,500,000. 
Project 95-D-155, upgrade site road infrastructure. 
Savannah River Site, South CaroHna, $2,713,000. 
I l l STAT. 2028 
PUBLIC LAW 105-85—NOV. 18, 1997 
Project 95-D-456, security facilities 
consolidation, 
Idaho Chemical Processing Plant, Idaho National Engineer-
ing Laboratory, Idaho, $602,000. 
(f) PROGRAM DIRECTION.—Funds are hereby authorized to be 
appropriated to the Department of Energy for fiscal year 1998 
for program direction in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $345,751,000. 
(g) POLICY AND MANAGEMENT.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 
1998 for policy and management in carrying out environmental 
restoration and waste management activities necessary for national 
security programs in the amount of $20,000,000. 
(h) ENVIRONMENTAL SCIENCE PROGRAM.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 1998 for the environmental science program in carrying 
out environmental restoration and waste management activities 
necessary for national security programs in the amount of 
$55,000,000. 
(i) DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.— 
Funds are hereby authorized to be appropriated to the Department 
of Energy for fiscal year 1998 for environmental management 
privatization projects in carrying out environmental restoration and 
waste management activities necessary for national security pro-
grams in the amount of $224,700,000, to be allocated as follows: 
Project 98-PVT-l, contact handled transuranic waste 
transportation, Carlsbad, New Mexico, $21,000,000. 
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
Falls, Idaho, $27,000,000. 
Project 98-PVT-3, waste pits remedial action, Femald, 
Ohio, $25,000,000. 
Project 98-PVT-4, spent nuclear fuel tremsfer and storage. 
Savannah River, South Carolina, $25,000,000. 
Project 98-PVT-5, waste disposal. Oak Ridge, Tennessee, 
$5,000,000. 
Project 98-PVT-6, Ohio silo 3 waste treatment, Femald, 
Ohio, $6,700,000. 
Project 97-PVT-l, tank waste remediation system phase 
1, Hanford, Washington, $115,000,000. 
(j) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to this section for subsections (a) through (h) 
is the sum of the amounts authorized to be appropriated in those 
subsections reduced by $50,000,000. 
SEC. 3103. OTHER DEFENSE ACTIYITIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1998 for other 
defense activities in carrying out programs necessary for national 
security in the amount of $1,642,310,000, to be allocated as follows: 
(1) For verification and control technology, $478,200,000, 
to be allocated as follows: 
(A) For nonproliferation and verification research and 
development, $210,000,000. 
(B) For arms control, $234,600,000. 
(C) For intelligence, $33,600,000. 
(2) For nuclear safeguards and security, $47,200,000. 
(3) For security investigations, $25,000,000. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2029 
(4) For emergency management, $20,000,000, 
(5) For program direction, $78,900,000. 
(6) For worker and community transition assistance, 
$61,159,000, to be allocated as follows: 
(A) For worker and community transition, $57,659,000. 
(B) For program direction, $3,500,000. 
(7) 
For 
fissile 
materials 
control 
and 
disposition, 
$103,451,000, to be allocated as follows: 
(A) For operation and maintenance, $99,451,000. 
(B) For program direction, $4,000,000. 
(8) 
For 
environment, 
safety, 
and 
health, 
defense, 
$94,000,000, to be allocated as follows: 
(A) For the Office of Environment, Safety, and Health 
(Defense), $74,000,000. 
(B) For program direction, $20,000,000. 
(9) For the Office of Hearings and Appeals, $1,900,000. 
(10) For nuclear energy, $47,000,000, to be allocated as 
follows: 
(A) For nuclear technology research and development 
(electrometallurgical), $12,000,000. 
(B) For international nuclear safety (Soviet-designed 
reactors), $35,000,000. 
(11) For naval reactors development, $670,500,000, to be 
allocated as follows: 
(A) For operation and maintenance, $635,920,000. 
(B) For program direction, $20,080,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$14,500,000, to be allocated as follows: 
Project 98-D-200, site laboratory/facility upgrade, 
various locations, $5,700,000. 
Project 97-D-201, advanced test reactor secondary 
coolant refurbishment, Idaho National Engineering 
Laboratory, Idaho, $4,600,000. 
Project 95-D-200, laboratory systems and hot cell 
upgrades, various locations, $1,100,000. 
Project 90-N-102, expended core facility dry cell 
project. Naval Reactors Facility, Idaho, $3,100,000. 
(12) For independent assessment of Department of Energy 
projects, $15,000,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (12) of subsection 
(a) reduced by $6,047,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1998 for pa3nnent to the Nuclear 
Waste Fund established in section 302(c) of the Nuclear Waste 
PoUcy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$190,000,000. 
I l l STAT. 2030 
PUBLIC LAW 105-85—NOV. 18, 1997 
Subtitle B—Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) IN GENERAL.—Until the Secretary of Energy submits to 
the congressional defense committees the report referred to in sub-
section (b) and a period of 30 days has elapsed after the date 
on which such committees receive the report, the Secretary may 
not use amounts appropriated pursuant to this title for any pro-
gram— 
(1) in amounts that exceed, in a fiscal year— 
(A) 110 percent of the amount authorized for that 
program by this title; or 
(B) $1,000,000 more than the amount authorized for 
that program by this title; or 
(2) which has not been presented to, or requested of, 
ConCTess. 
(b) REPORT.—(1) The report referred to in subsection (a) is 
a report containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. 
(2) In the computation of the 30-day period under subsection 
(a), there shall be excluded any day on which either House of 
Congress is not in session because of £in adjournment of more 
than 3 days to a day certain. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for which Congress has specifically denied mnds. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—The Secretary of Energy may carry out any 
construction project under the general plant projects authorized 
by this title if the total estimated cost of the construction project 
does not exceed $5,000,000. 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
variations and the revised cost of the project exceeds $5,000,000, 
the Secretary shall immediately fiimish a complete report to the 
congressional defense committees explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, which is authorized by section 3101, 3102, 
or 3103, or which is in support of national security programs of 
the Department of Energy and was authorized by any previous 
Act, exceeds by more than 25 percent the higher o
f
— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(2) An action described in paragraph (1) may be taken if— 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2031 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such action necessary; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than 
$5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to this title to other Federal 
agencies for the performance of work for which the funds were 
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds 
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available 
for the same purposes and for the same period as the authorization 
to which the amounts are transferred. 
(2) Not more than five percent of any such authorization may 
be transferred between authorizations under paragraph (1). No 
such authorization may be increased or decreased by more than 
five percent by a transfer under such paragraph. 
(c) LIMITATION.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide funds for items relating 
to activities necessary for national security programs that have 
a higher priority than the items fi*om which the funds are 
transferred; and 
(2) may not be used to provide funds for an item for 
which Congress has specifically denied funds. 
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the Committee on Armed Services of the Senate 
£ind the Committee on National Security of the House of Representa-
tives of any transfer of funds to or from authorizations under 
this title. 
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND 
CONSTRUCTION 
DESIGN. 
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1) Subject to 
pgiragraph (2) and except as provided in paragraph (3), before 
submitting to Congress a request for funds for a construction project 
that is in support of a national security program of the Department 
of Energy, the Secretary of Energy shall complete a conceptual 
design for that project. 
(2) If the estimated cost of completing a conceptual design 
for a construction project exceeds $3,000,000, the Secretary shall 
submit to Congress a request for funds for the conceptual design 
before submitting a request for funds for the construction project. 
I l l STAT. 2032 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a construction project the total estimated cost of 
which is less than $5,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 
amounts authorized by this title, the Secretary of Energy may 
carry out construction design (including architectural and engineer-
ing services) in connection with any proposed construction project 
if the total estimated cost for such design does not exceed $600,000. 
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for such 
design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to an authorization 
in this title, including those funds authorized to be appropriated 
for advance planning and construction design under sections 3101, 
3102, and 3103, to perform planning, design, and construction 
activities for any Department of Energy national security program 
construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
to meet the needs of national defense, or to protect property, 
(b) LIMITATION.—The Secretary may not exercise the authority 
under subsection (a) in the case of any construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances making such activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
SEC. 3127. 
FUNDS 
AVAILABLE 
FOR 
ALL NATIONAL 
SECURITY 
PROGRAMS OF THE DEPARTMENT OF ENERGY, 
Subject to the provisions of appropriations Acts and section 
3121, amounts appropriated pursu£int to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), when 
so specified in an appropriations Act, amounts appropriated for 
operation and maintenance or for plant projects may remain avail-
able until expended. 
(b) 
EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts 
appropriated for program direction pursuant to an authorization 
of appropriations in subtitle A shall remain available to be expended 
only until the end of fiscal year 2000. 
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
FUNDS. 
(a) 
TRANSFER 
AUTHORITY 
FOR DEFENSE 
ENVIRONMENTAL 
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2033 
manager of each field office of the Department of Energy with 
the authority to transfer defense environmental management funds 
from a program or project under the jurisdiction of the office to 
another such program or project. 
(b) LIMITATIONS.—(1) Only one transfer may be made to or 
from any program or project under subsection (a) in a fiscal year. 
(2) The amount transferred to or from a program or project 
under subsection (a) may not exceed $5,000,000 in a fiscal year. 
(3) A transfer may not be carried out by a manager of a 
field office under subsection (a) unless the msinager determines 
that the transfer is necessary to address a risk to health, safety, 
or the environment or to assure the most efficient use of defense 
environmental management funds at the field office. 
(4) Funds transferred pursuant to subsection (a) may not be 
used for an item for which Congress has specifically denied funds 
or for a new program or project that has not been authorized 
by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 
requirements of section 3121 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify 
Congress of any transfer of funds pursuant to subsection (a) not 
later than 30 days after such transfer occurs. 
(e) DEFINITIONS.—In this section: 
(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, any of the 
following: 
(A) A project listed in subsection (c) or (e) of section 
3102 being carried out by the office. 
(B) A program referred to in subsection (a), (c), (d), 
or (e) of section 3102 being carried out by the office. 
(C) A project or program not described in subparagraph 
(A) or (B) that is for environmental restoration or waste 
management activities necessary for national security pro-
grams of the Department, that is being carried out by 
the office, and for which defense environmental manage-
ment funds have been authorized and appropriated before 
the date of enactment of this Act. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national 
security programs. 
(f) DURATION OF AUTHORITY.—The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 1997, and 
ending on September 30, 1998. 
I l l STAT. 2034 
PUBLIC LAW 105-85—NOV. 18, 1997 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
10 use 2431 
SEC. 3131. MEMORANDUM OF UNDERSTANDING FOR USE OF NATIONAL 
note. 
LABORATORIES 
FOR 
BALLISTIC 
MISSILE 
DEFENSE 
PROGRAMS. 
(a) 
MEMORANDUM OF UNDERSTANDING.—The Secretary of 
Energy and the Secretary of Defense shall enter into a memoran-
dum of understanding for the purpose of improving and facilitating 
the use by the Secretary of Defense of the expertise of the national 
laboratories for the ballistic missile defense programs of the Depart-
ment of Defense. 
(b) ASSISTANCE.—The memorandum of understanding shall pro-
vide that the Secretary of Defense shall request such assistance 
with respect to the ballistic missile defense programs of the Depart-
ment of Defense as the Secretary of Defense and the Secretary 
of Energy determine can be provided through the technical skills 
and experience of the national laboratories, using such financial 
arrangements as the Secretaries determine are appropriate. 
(c) ACTIVITIES.—The memorandum of understanding shall pro-
vide that the national laboratories shall carry out those activities 
necessary to respond to requests for assistance from the Secretary 
of Defense referred to in subsection (b). Such activities may include 
the identification of technical modifications and test techniques, 
the analysis of physics problems, the consolidation of range and 
test activities, and the analysis and simulation of theater missile 
defense deployment problems. 
(d) NATIONAL LABORATORIES.—For purposes of this section, the 
national laboratories are— 
(1) the Lawrence Livermore National Laboratory, Liver-
more, California; 
(2) the Los Alamos National Laboratory, Los Alamos, New 
Mexico; and 
(3) the Sandia National Laboratories, Albuquerque, New 
Mexico. 
SEC. 3132. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION 
PROJECTS. 
(a) AUTHORITY TO ENTER INTO CONTRACTS.—The Secretary of 
Energy may, using funds authorized to be appropriated by section 
3102(i) for a project referred to in that section, enter into a contract 
that— 
(1) is awarded on a competitive basis; 
(2) requires the contractor to construct or acquire any 
equipment or facilities required to carry out the contract; 
(3) requires the contractor to bear any of the costs of 
the construction, acquisition, and operation of such equipment 
or facilities that arise before the commencement of the provision 
of goods or services under the contract; and 
(4) provides for payment to the contractor imder the con-
tract only upon the meeting of performance specifications in 
the contract. 
(b) NOTICE AND WAIT.—(1) The Secretary may not enter into 
a contract under subsection (a), exercise an authorization to proceed 
with such a contract or extend any contract period for such a 
contract by more than one year until 30 days after the date on 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2035 
which the Secretary submits to the congressional defense commit-
tees a report with respect to the contract. 
(2) Except as provided in paragraph (3), a report under para-
graph (1) with respect to a contract shall set forth— 
(A) the anticipated costs and fees of the Department under 
the contract, including the emticipated maximum amount of 
such costs £ind fees; 
(B) £iny performgince specifications in the contract; 
(C) the anticipated dates of commencement and completion 
of the provision of goods or services under the contract; 
(D) the allocation between the Department and the contrac-
tor of any financial, regulatory, or environmental obligations 
under the contract; 
(E) any activities planned or anticipated to be required 
with respect to the project after completion of the contract; 
(F) the site services or other support to be provided the 
contractor by the Department under the contract; 
(G) the goods or services to be provided by the Department 
or contractor under the contract, including any additional 
obligations to be borne by the Department or contractor with 
respect to such goods or services; 
(H) if the contract provides for financing of the project 
by an entity or entities other than the United States, a detailed 
comparison of the costs of financing the project through such 
entity or entities with the costs of financing the project by 
the United States; 
(I) the schedule for the contract; 
(J) the costs the Department would otherwise have incurred 
in obtaining the goods or services covered by the contract 
if the Department had not proposed to obtain the goods or 
services under this section; 
(K) an estimate and justification of the cost savings, if 
any, to be realized through the contract, including the assump-
tions underl5dng the estimate; 
(L) the effect of the contract on any ancillary schedules 
applicable to the facility concerned, including milestones in 
site compliance agreements; and 
(M) the plans for maintaining financial and programmatic 
accountability for activities under the contract. 
(3) In the case of a contract under subsection (a) at the Hanford 
Reservation, the report under paragraph (1) shall set forth— 
(A) the matters specified in paragraph (2); and 
(B) if the contract contemplates two pilot vitrification 
plants— 
(i) an analysis of the basis for the selection of each 
of the plsints in lieu of a single pilot vitrification plant; 
and 
(ii) a detailed comparison of the costs to the United 
States of two pilot plants with the costs to the United 
States of a single pilot plant. 
(c) COST VARIATIONS.—(1)(A) The Secretary may not enter into 
a contract for a project referred to in subparagraph (B), or obligate 
funds attributable to the capital portion of the cost of such a 
contract, whenever the current estimated cost of the project exceeds 
the amount of the estimated cost of the project as shown in the 
most recent budget justification data submitted to Congress. 
(B) Subparagraph (A) applies to the following: 
I l l STAT. 2036 
PUBLIC LAW 105-85—NOV. 18, 1997 
(i) A project authorized by section 3102(i). 
(ii) A project authorized by section 3103 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2824) for which a contract has not been 
entered into as of the date of enactment of this Act. 
(2) The Secretary may not obligate funds attributable to the 
capital portion of the cost of a contract entered into before such 
date for a project authorized by such section 3103 whenever the 
current estimated cost of the project equals or exceeds 110 percent 
of the amount of the estimated cost of the project as shown in 
the most recent budget justification data submitted to Congress. 
(d) USE OF FUNDS FOR TERMINATION OF CONTRACT.—Not later 
than 15 days before the Secretary obligates funds available for 
a project authorized by section 3102(i) to terminate the contract 
for the project under subsection (a), the Secretary shall notify 
the congressional defense committees of the Secretary's intent to 
obligate the funds for that purpose. 
(e) ANNUAL REPORT ON CONTRACTS.—(1) Not later than Feb-
ruary 28 of each year, the Secretary shall submit to the congres-
sional defense committees a report on the activities, if any, carried 
out under each contract referred to in paragraph (2) during the 
preceding year. The report shall include an update with respect 
to each such contract of the matters specified under subsection 
(b)(1) as of the date of the report. 
(2) A contract referred to in paragraph (1) is the following: 
(A) A contract under subsection (a) for a project referred 
to in that subsection. 
(B) A contract under section 3103 of the National Defense 
Authorization Act for Fiscal Year 1997. 
(f) ASSESSMENT OF CONTRACTING WITHOUT SUFFICIENT APPRO-
PRIATIONS.—Not later than 90 days after the date of enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report assessing whether, and under what cir-
cumstances, the Secretary could enter into contracts for defense 
environmental management privatization projects in the absence 
of sufficient appropriations to meet obligations under such contracts 
without thereby violating the provisions of section 1341 of title 
31, United States Code. 
SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP. 
(a) FUNDING PROHIBITION.—No fimds authorized to be appro-
priated or otherwise available to the Department of Energy for 
fiscal year 1998 may be obligated or expended to conduct any 
activities 
associated 
with 
international 
cooperative 
stockpile 
stewardship. 
(b) EXCEPTIONS.—Subsection (a) does not apply to the following: 
(1) Activities conducted between the United States and 
the United Kingdom. 
(2) Activities conducted between the United States and 
France. 
(3) Activities carried out under title III of this Act relating 
to cooperative threat reduction with states of the former Soviet 
Union. 
SEC. 3134. MODERNIZATION OF ENDURING NUCLEAR WEAPONS 
COMPLEX. 
(a) FUNDING.—Subject to subsection (b), of the funds authorized 
to be appropriated to the Department of Energy pursuant to section 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2037 
3101, $85,000,000 shall be available for carrying out the program 
described in section 3137(a) of the National Defense Authorization 
Act for Fiscal Year 1996 (42 U.S.C. 2121 note). 
(b) LIMITATION ON AVAILABILITY.—None of the funds available 
under subsection (a) for carrying out the program referred to in 
that subsection may be obligated or expended until 30 days after 
the date of the receipt by Congress of the report required under 
subsection (c). 
(c) REPORT ON ALLOCATION OF FUNDS.—Not later than 30 days 
after the date of enactment of this Act, the Secretary of Energy 
shall submit to the congressional defense committees a report set-
ting forth the proposed allocation among specific Department of 
Energy sites of the funds available under subsection (a) for the 
program referred to in that subsection. 
SEC. 3135. TRITIUM PRODUCTION. 
(a) TRITIUM PRODUCTION DECISION.—(1) Not later than Decem-
ber 31, 1998, the Secretary of Energy shall make a final decision 
on the technologies to be utilized, and the schedule to be adopted, 
for tritium production in order to meet the requirements in the 
Nuclear Weapons Stockpile Memorandum relating to tritium 
production, including the tritium production date of 2005 specified 
in the Nuclear Weapons Stockpile Memorandum. 
(2) In making the final decision, the Secretary shall take into 
account the following: 
(A) The requirements for tritium production specified in 
the Nuclear Weapons Stockpile Memorandum, including, in 
particular, the requirements for the so-called "upload hedge" 
component of the nuclear weapons stockpile. 
(B) The activities of the Department of Energy relating 
to the evaluation and demonstration of technologies under the 
accelerator program and the commercial light water reactor 
program. 
(C) The potential liabilities and benefits of each potential 
technology for tritium production, including— 
(i) regulatory and other barriers that might prevent 
the production of tritium using the technology by the 
production date referred to in paragraph (1); 
(ii) potential difficulties, if any, in licensing the tech-
nology; 
(iii) the variability, if any, in tritium production rates 
using the technology; and 
(iv) any other benefits (including scientific or research 
benefits or the generation of revenue) associated with the 
technology. 
(b) REPORTS ON DECISION.—(1) Upon making a final decision 
under paragraph (1) of subsection (a), the Secretary shsdl submit 
to the congressional defense committees a report on the final deci-
sion. The report shall include an assessment of how the selected 
technology addresses the items taken into account under paragraph 
(2) of that subsection. 
(2) If the Secretary determines that it is not possible to make 
the final decision by the date specified in paragraph (1) of subsection 
(a), the Secretary shall submit to the congressional defense commit-
tees on that date a report that explains in detail why the final 
decision cannot be made by that date. 
I l l STAT. 2038 
PUBLIC LAW 105-85—NOV. 18, 1997 
(c) LIMITATION ON AVAILABILITY OF FUNDS.—The Secretary may 
not obligate or expend any funds authorized to be appropriated 
or otherwise made available for the Department of Energy by this 
Act for the purpose of evaluating or utilizing any technology for 
the production of tritium other than a commercial light water 
reactor or an accelerator until the later o
f
— 
(1) January 31, 1999; or 
(2) the date that is 30 days after the date on which the 
Secretary makes a final decision under subsection (a). 
SEC. 3136. PROCESSING, TREATMENT, AND DISPOSITION OF SPENT 
NUCLEAR FUEL RODS AND OTHER LEGACY NUCLEAR 
MATERIALS AT THE SAVANNAH RIVER SITE. 
(a) FUNDING.—Of the funds authorized to be appropriated 
pursuant to section 3102(e), not more than $47,000,000 shall be 
available for the implementation of a program to accelerate the 
receipt, processing (including the H-canyon restart operations), 
reprocessing, separation, reduction, deactivation, stabilization, isola-
tion, and interim storage of high level nuclear waste associated 
with Department of Energy spent fuel rods, foreign spent fuel 
rods, and other nuclear materials that are located at the Savannah 
River Site. 
(b) REQUIREMENT FOR CONTINUING OPERATIONS AT SAVANNAH 
RIVER SITE.—The Secretary of Energy shall continue operations 
and maintain a high state of readiness at the F-canyon and H-
canyon facilities at the Savannah River Site and shall provide 
technical staff necessary to operate and maintain such facilities 
at that state of readiness. 
42 use 7257c. 
SEC. 3137. LIMITATIONS 
ON USE OF FUNDS FOR 
LABORATORY 
DIRECTED RESEARCH AND DEVELOPMENT PURPOSES. 
(a) GENERAL LIMITATIONS.—(1) No funds authorized to be 
appropriated or otherwise made available to the Department of 
Energy in any fiscal year after fiscal year 1997 for weapons activi-
ties may be obligated or expended for activities under the Depart-
ment of Energy Laboratory Directed Research and Development 
Program, or under any Department of Energy technology transfer 
program or cooperative research and development agreement, 
unless such activities support the national security mission of the 
Department of Energy. 
(2) No funds authorized to be appropriated or otherwise made 
available to the Department of Energy in any fiscal year after 
fiscal year 1997 for environmental restoration, waste management, 
or nuclear materials and facilities stabilization may be obligated 
or expended for activities under the Department of Energy Labora-
tory Directed Research and Development Program, or under any 
Department of Energy technology transfer program or cooperative 
research and development agreement, unless such activities support 
the environmental restoration mission, waste management mission, 
or materials stabilization mission, as the case may be, of the Depart-
ment of Energy. 
(b) LIMITATION IN FISCAL YEAR 1998 PENDING SUBMITTAL OF 
ANNUAL REPORT.—Not more than 30 percent of the funds authorized 
to be appropriated or otherwise made available to the Department 
of Energy in fiscal year 1998 for laboratory directed research and 
development may be obligated or expended for such research and 
development until the Secretary of Energy submits to the congres-
sional defense committees the report required by section 3136(b) 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2039 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2831; 42 U.S.C. 7257b) in 1998. 
(c) SUBMITTAL DATE FOR ANNUAL REPORT ON LABORATORY 
DIRECTED RESEARCH AND DEVELOPMENT PROGRAM.—Paragraph (1) 
of section 3136(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2831; 42 U.S.C. 
7257b) is amended by striking out "The Secretary of Energy shall 
annually submit" and inserting in lieu thereof "Not later than 
February 1 each year, the Secretary of Energy shall submit". 
(d) ASSESSMENT OF FUNDING LEVEL FOR LABORATORY DIRECTED 
RESEARCH AND DEVELOPMENT.—The Secretary shall include in the 
report submitted under such section 3136(b)(1) in 1998 an assess-
ment of the funding required to carry out laboratory directed 
research and development, including a recommendation for the 
percentage of the funds provided to Government-owned, contractor-
operated laboratories for national security activities that should 
be made available for such research and development under section 
3132(c) of the National Defense Authorization Act for Fiscal Year 
1991 (42 U.S.C. 7257a(c)). 
(e) DEFINITION.—In this section, the term "laboratory directed 
research and development" has the meaning given that term in 
section 3132(d) of the National Defense Authorization Act for Fiscal 
Year 1991 (42 U.S.C. 7257a(d)). 
SEC. 3138. PILOT PROGRAM RELATING TO USE OF PROCEEDS OF DIS- 
42 USC 7256 
POSAL OR UTILIZATION OF CERTAIN DEPARTMENT OF note. 
ENERGY ASSETS. 
(a) PURPOSE.—The purpose of this section is to encourage the 
Secretary of Energy to dispose of or otherwise utilize certain assets 
of the Department of Energy by making available to the Secretary 
the proceeds of such disposal or utilization for purposes of defrajang 
the costs of such disposal or utilization. 
(b) USE OF PROCEEDS TO DEFRAY COSTS.—-(1) Notwithstanding 
section 3302 of title 31, United States Code, the Secretary may 
retain from the proceeds of the sale, lease, or disposal of an asset 
under subsection (c) an amount equal to the cost of the sale, 
lease, or disposal of the asset. The Secretary shall utilize amounts 
retained under this paragraph to defray the cost of the sale, lease, 
or disposal. 
(2) For purposes of paragraph (1), the cost of a sale, lease, 
or disposal shall include— 
(A) the cost of administering the sale, lease, or disposal; 
(B) the cost of recovering or preparing the asset concerned 
for the sale, lease, or disposal; and 
(C) any other cost associated with the sale, lease, or 
disposal. 
(c) COVERED TRANSACTIONS.—Subsection (b) applies to the 
following transactions: 
(1) The sale of heavy water at the Savannah River Site, 
South Carolina, that is under the jurisdiction of the Defense 
Environmental Management Program. 
(2) The sale of precious metals that are under the jurisdic-
tion of the Defense Environmental Management Program. 
(3) The lease of buildings and other facilities located at 
the Hanford Reservation, Washington, that are under the juris-
diction of the Defense Environmental Mginagement Program. 
I l l STAT. 2040 
PUBLIC LAW 105-85—NOV. 18, 1997 
(4) The lease of buildings and other facilities located at 
the Savannah River Site that are under the jurisdiction of 
the Defense Environmental Management Program. 
(5) The disposal of equipment and other personal property 
located at the Rocky Flats Defense Environmental Technology 
Site, Colorado, that is under the jurisdiction of the Defense 
Environmental Management Program. 
(6) The disposal of materials at the National Electronics 
Recycling Center, Oak Ridge, Tennessee that are under the 
jurisdiction of the Defense Environmental Management Pro-
gram. 
(d) APPLICABILITY OF DISPOSAL AUTHORITY.—Nothing in this 
section shall be construed to limit the application of sections 202 
and 203(j) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 483 and 4840')) to the disposal of equipment 
and other personal property covered by this section. 
(e) REPORT.—Not later than January 31, 1999, the Secretary 
shall submit to the congressional defense committees a report on 
amounts retained by the Secretary under subsection (b) during 
fiscal year 1998. 
SEC. 3139. MODIFICATION AND EXTENSION OF AUTHORITY RELATING 
TO APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEER-
ING, AND TECHNICAL PERSONNEL. 
(a) REPEAL OF REQUIREMENT FOR EPA STUDY.—Section 3161 
of the National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103-337; 108 Stat. 3095; 42 U.S.C. 7231 note) is 
amended— 
(1) by striking out subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
(b) EXTENSION OF AUTHORITY.—Paragraph (1) of subsection 
(c) of such section, as so redesignated, is amended by striking 
out "September 30, 1997" and inserting in lieu thereof "September 
30, 1999". 
SEC. 3140. LIMITATION ON USE OF FUNDS FOR SUBCRITICAL NUCLEAR 
WEAPONS TESTS. 
(a) LIMITATION.—The Secretary of Energy may not conduct 
any subcritical nuclear weapons tests using funds appropriated 
or otherwise available to the Secretary for fiscal year 1998 until 
the Secretary submits to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a detailed report on the use of the funds available 
to the Secretary for fiscal years 1996 and 1997 to conduct such 
tests. 
(b) EXCEPTION.—Subsection (a) shall not apply to the use of 
funds covered by that subsection for subcritical nuclear weapons 
tests if the Secretary— 
(1) determines that the use of such funds for such tests 
is urgently required to meet national security interests; and 
(2) notifies Congress of that determination before using 
such funds for such tests. 
SEC. 3141. LIMITATION ON USE OF CERTAIN FUNDS UNTIL FUTURE 
USE PLANS ARE SUBMITTED. 
(a) LIMITATION.—(1) Subject to paragraph (2), the Secretary 
of Energy may not use more than 80 percent of the funds available 
to the Secretary pursuant to the authorization of appropriations 
^'•w^-^ 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2041 
in section 3102(g) iintil the Secretary submits the plans described 
in subsection (b). 
(2) The limitation in paragraph (1) shall cease to be in effect 
if the Secretary submits, by March 15, 1998, the report described 
in subsection (c). 
(b) PLANS.—The plans referred to in subsection (a)(1) are the 
draft future use plan and the final future use plan required under 
section 3153(f) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2840; 42 U.S.C. 7274k 
note). 
(c) REPORT.—If the Secretary is unable to submit all of the 
plans described in subsection (b) by the deadlines set forth in 
such section 3153(f), the Secretary shall submit to Congress a 
report containing, for each plan that will not be submitted by 
the applicable deadline— 
(1) the status of the plan; 
(2) the reasons why the plan cannot be submitted by the 
applicable deadline; and 
(3) the date by which the plan will be submitted. 
Subtitle D—Other Matters 
SEC. 3151. PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFI- 42 USC 2121 
CATION OF WARHEADS IN THE NUCLEAR WEAPONS 
note. 
STOCKPILE. 
(a) PLAN REQUIREMENT.—^The Secretary of Energy shall develop 
and annually update a plan for maintaining the nuclear weapons 
stockpile. The plan shall cover, at a minimum, stockpile steward-
ship, stockpile mEinagement, and program direction and shall be 
consistent with the programmatic and technical requirements of 
the most recent annual Nuclear Weapons Stockpile Memorandum. 
(b) PLAN ELEMENTS.—The plan and each update of the plan 
shall set forth the following: 
(1) The number of warheads (including active and inactive 
warheads) for each warhead type in the nuclear weapons stock-
pile. 
(2) The current age of each warhead type, and any plans 
for stockpile lifetime extensions and modifications or replace-
ment of each warhead type. 
(3) The process by which the Secretary of Energy is assess-
ing the lifetime, and requirements for lifetime extension or 
replacement, of the nuclear and nonnuclear components of the 
warheads (including active and inactive warheads) in the 
nuclear weapons stockpile. 
(4) The process used in recertifying the safety, security, 
and reliability of each warhead type in the nuclear weapons 
stockpile. 
(5) Any concerns which would affect the ability of the 
Secretary of Energy to recertify the safety, security, or reliabil-
ity of warheads in the nuclear weapons stockpile (including 
active and inactive warheads). 
(c) ANNUAL SUBMISSION OF PLAN TO CONGRESS.—The Secretary 
of Energy shall submit to Congress the plan developed under sub-
section (a) not later than March 15, 1998, and shall submit an 
updated version of the plan not later than March 15 of each year 
39-194 O - 97 - 31: QL 3 Part 2 
I l l STAT. 2042 
PUBLIC LAW 105-85—NOV. 18, 1997 
thereafter. The plan shall be submitted in both classified and 
unclassified form. 
SEC. 3152. REPEAL OF OBSOLETE REPORTING REQUIREME^fTS. 
(a) ANNUAL REPORT ON ACTIVITIES OF THE ATOMIC ENERGY 
COMMISSION.—(1) Section 251 of the Atomic Energy Act of 1954 
(42 U.S.C. 2016) is repealed. 
(2) The table of sections at the beginning of that Act is amended 
by striking out the item relating to section 251. 
(b) ANNUAL REPORT ON WEAPONS ACTIVITIES BUDGETS.—Sec-
tion 3156 of the National Defense Authorization Act for Fiscal 
Year 1997 (PubHc Law 104-201; 110 Stat. 2841; 42 U.S.C. 7271c) 
is repealed. 
(c) ANNUAL UPDATE OF MASTER PLAN FOR NUCLEAR WEAPONS 
STOCKPILE.—Section 3153 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 624; 
42 U.S.C. 2121 note) is repealed. 
(d) ANNUAL REPORT ON WEAPONS ACTIVITIES BUDGETS.—Sec-
tion 3159 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 626; 42 U.S.C. 7271b 
note) is repealed. 
(e) ANNUAL REPORT ON STOCKPILE STEWARDSHIP PROGRAM.— 
Section 3138 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1946; 42 U.S.C. 2121 
note) is amended— 
(1) by striking out subsections (d) and (e); 
(2) by redesignating subsections (f), (g), and (h) as sub-
sections (d), (e), and (f), respectively; and 
(3) in subsection (e), as so redesignated, by striking out 
"and the 60-day period referred to in subsection (e)(2)(A)(ii)". 
(f) ANNUAL REPORT ON DEVELOPMENT OF TRITIUM PRODUCTION 
CAPACITY.—Section 3134 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2639) is 
repealed. 
(g) ANNUAL REPORT ON RESEARCH RELATING TO DEFENSE 
WASTE CLEANUP TECHNOLOGY PROGRAM.—Section 3141 
of 
the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1679; 42 U.S.C. 7274a) is amended— 
(1) by striking out subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
(h) QUARTERLY REPORT ON MAJOR D O E NATIONAL SECURITY 
PROGRAMS.—Section 3143 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
Stat. 1681; 42 U.S.C. 7271a) is repealed. 
(i) ANNUAL REPORT ON NUCLEAR TEST BAN READINESS PRO-
GRAM.—Section 1436 of the National Defense Authorization Act, 
Fiscal Year 1989 (Pubhc Law 100-456; 102 Stat. 2075; 42 U.S.C. 
2121 note) is amended by striking out subsection (e). 
SEC. 3153. STUDY AND FUNDING RELATING TO IMPLEMENTATION OF 
WORKFORCE RESTRUCTURING PLANS. 
(a) STUDY REQUIREMENT.—The Secretary of Energy shall con-
duct a study on the effects of workforce restructuring plans for 
defense nuclear facilities developed pursuant to section 3161 of 
the National Defense Authorization Act for Fiscal Year 1993 (42 
U.S.C. 7274h). 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2043 
(b) MATTERS COVERED BY STUDY.—The study shall cover the 
four-year period preceding the date of the enactment of this Act 
and shall include the following: 
(1) An analysis of the number of jobs created by any 
employee retraining, education, and reemployment assistance 
and any community impact assistance provided in each 
workforce restructuring plan developed pursuant to section 
3161 of the National Defense Authorization Act for Fiscal Year 
1993. 
(2) An analysis of other benefits provided pursuant to such 
plans, including any assistance provided to community reuse 
organizations. 
(3) A description of the funds expended, and the funds 
obligated but not expended, pursuant to such plans as of the 
date of the report. 
(4) A description of the criteria used since October 23, 
1992, in providing assistance pursuant to such plans. 
(5) A comparison of any similar benefits provided— 
(A) pursuant to such a plan to employees whose 
employment at the defense nuclear facility covered by the 
plan is terminated; and 
(B) to employees whose employment at a facility where 
more than 50 percent of the revenues are derived from 
contracts with the Department of Defense has been termi-
nated as a result of cancellation, termination, or completion 
of contracts with the Department of Defense and the 
employees whose employment is terminated constitute 
more than 15 percent of the employees at that facility. 
(c) CONDUCT OF STUDY.—(1) The study shall be conducted 
through a contract with an independent private auditing firm. 
(2) The Secretary of Energy may not enter into any contract 
for the conduct of the study until the Secretary submits a notifica-
tion of the proposed contract award to the congressional defense 
committees. 
(3) The Secretary of Energy and the Secretary of Defense shall 
each ensure that any firm conducting the study is provided access 
to all documents in the possession of the Department of Energy 
or the Department of Defense, as the case may be, that are relevant 
to the study, including documents in the possession of the Inspector 
General of the Department of Energy or the Inspector General 
of the Department of Defense. 
(d) REPORT ON STUDY.—The Secretary of Energy shall submit 
a report to Congress on the results of the study not later than 
March 31, 1998. 
(e) LIMITATION ON USE OF FUNDS FOR LOCAL IMPACT ASSIST-
ANCE.—(1) None of the funds authorized to be appropriated to 
the Department of Energy pursuant to section 3103(6) may be 
used for local impact assistance pursuant to a plan under section 
3161(c)(6) of the National Defense Authorization Act for Fiscal 
Year 1993 (42 U.S.C. 7274h(c)(6)) until— 
(A) with respect to assistance referred to in section 
3161(cX6)(A) of such Act, the Secretary of Energy coordinates 
with, provides a copy of the plsin to, and obtains the approval 
of the Secretary of Labor; and 
(B) with respect to assistance referred to in section 
3161(c)(6)(C) of such Act, the Secretary of Energy coordinates 
I l l STAT. 2044 
PUBLIC LAW 105-85—NOV. 18, 1997 
42 use 7274h 
note. 
42 use 7274m 
note. 
42 use 7381 
note. 
with, provides a copy of the plan to, and obtains the approval 
of the Secretary of Commerce. 
(2) For purposes of paragraph (1), if the Secretary of Labor 
or the Secretary of Commerce does not disapprove a plan within 
60 days after receiving a copy of the plan, the plan is deemed 
to be approved. 
if) SEMIANNUAL REPORT TO CONGRESS OF LOCAL IMPACT ASSIST-
ANCE.—The Secretary of Energy shall submit to Congress every 
six months a report setting forth a description of, and the amount 
or value of, all local impact assistance provided during the preceding 
six months under section 3161(c)(6) of the National Defense 
Authorization Act of 1993 (42 U.S.C. 7274h(c)(6)). 
(g) EFFECT ON U S E C PRIVATIZATION ACT.—Nothing in this 
section shall be construed as diminishing or affecting the obligations 
of the Secretary of Energy under section 3110(a)(5) of the USEC 
Privatization Act (PubHc Law 104-134; 110 Stat. 1321-341; 42 
U.S.C. 2297h-8(a)(5)). 
(h) DEFINITION.—In this section, the term "defense nuclear 
facility" has the meaning provided the term "Department of Energy 
defense nuclear facility in section 3163 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 
U.S.C. 7274J). 
SEC. 
3154. REPORT AND PLAN FOR EXTERNAL OVERSIGHT OF 
NATIONAL LABORATORIES. 
(a) REPORT.—Not later than July 1, 1999, the Secretary of 
Energy shall submit to Congress a report on the external oversight 
of the national laboratories. 
(b) MATTERS COVERED.—The report shall contain the following: 
(1) A description of the external oversight practices at 
the national laboratories and an analysis of the effectiveness 
of such practices, including the effect of such practices on 
the productivity of the laboratories and the research conducted 
by the laboratories. 
(2) Recommendations regarding the continuation, consoli-
dation, or discontinuation of the external oversight practices 
described in paragraph (1), and the rationale for the rec-
ommendations. 
(3) Recommendations for any new external oversight prac-
tices that should be implemented, and the rationale for the 
recommendations. 
(4) A plan for carrying out the recommendations. 
(c) NATIONAL LABORATORIES COVERED.—For purposes of this 
section, the national laboratories are— 
(1) the Lawrence Livermore National Laboratory, Liver-
more, California; 
(2) the Los Alamos National Laboratory, Los Alamos, New 
Mexico; and 
(3) the Sandia National Laboratories, Albuquerque, New 
Mexico. 
SEC. 3155. UNIVERSITY-BASED RESEARCH COLLABORATION PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The maintenance of scientific and engineering com-
petence in the United States is vital to long-term national 
security and the defense and national security missions of 
the Department of Energy. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2045 
(2) Engaging the universities and colleges of the Nation 
in research on long-range problems of vital national security 
interest will be critical to solving the technology challenges 
faced within the defense and national security programs of 
the Department of Energy in the next century. 
(3) Enhsincing collaboration among the national labora-
tories, universities and colleges, and industry will contribute 
significantly to the performance of these Department of Energy 
missions. 
(b) PROGRAM.—The Secretary of Energy shall establish a 
university program at a location that can develop the most effective 
collaboration among national laboratories, universities and colleges, 
and industry in support of scientific and engineering advancement 
in key Department of Energy defense and national security program 
areas. 
(c) FUNDING.—Of the funds authorized to be appropriated in 
this title to the Department of Energy for fiscal year 1998, the 
Secretary shall make $5,000,000 available for the establishment 
and operation of the program under subsection (b). 
SEC. 3156. STOCKPILE STEWARDSHIP PROGRAM. 
42 USC 2121 
(a) FINDINGS.—Congress makes the following findings: 
(1) Eliminating the threat posed by nuclear weapons to 
the United States is an important national security goal. 
(2) As long as nuclear threats remain, the nuclear deterrent 
of the United States must be effective and reliable. 
(3) A safe, secure, effective, and reliable United States 
nuclear stockpile is central to the current nuclear deterrence 
strategy of the United States. 
(4) The Secretary of Energy has undertaken a stockpile 
stewardship and management program to ensure the safety, 
security, effectiveness, and reliability of the nuclear weapons 
stockpile of the United States, consistent with all United States 
treaty requirements and the requirements of the nuclear deter-
rence strategy of the United States. 
(5) It is the policy of the current administration that new 
nuclear warhead designs are not required to effectively imple-
ment the nuclear deterrence strategy of the United States. 
(b) POLICY.—It is the pohcy of the United States that— 
(1) activities of the stockpile stewardship program shall 
be directed toward ensuring that the United States possesses 
a safe, secure, effective, and reliable nuclear stockpile, consist-
ent with the national security requirements of the United 
States; and 
(2) stockpile stewardship activities of the United States 
shall be conducted in conformity with the terms of the Treaty 
on the Non-Proliferation of Nuclear Weapons and the Com-
prehensive Test Ban Treaty signed by the President on Septem-
ber 24, 1996, when £ind if that treaty enters into force. 
SEC. 3157. REPORTS ON ADVANCED SUPERCOMPUTER SALES TO SOUSCapp. 
CERTAIN FOREIGN NATIONS. 
2404 note. 
(a) REPORTS.—The Secretary of Energy shall require that any 
company that is a participant in the Accelerated Strategic Comput-
ing Initiative (ASCI) program of the Department of Energy report 
to the Secretary and to the Secretary of Defense each sale by 
that company to a country designated as a Tier III country of 
a computer capable of operating at a speed in excess of 2,000 
I l l STAT. 2046 
PUBLIC LAW 105-85—NOV. 18, 1997 
millions theoretical operations per second (MTOPS). The report 
shall include a description of the following with respect to each 
such sale: 
(1) The anticipated end-use of the computer sold. 
(2) The software included with the computer. 
(3) Any arrangement imder the terms of the 
sale 
regarding— 
(A) upgrading the computer; 
(B) servicing the computer; or 
(C) furnishing spare parts for the computer. 
(b) COVERED COUNTRIES.—For purposes of this section, the 
countries designated as Tier III countries are the countries listed 
as "computer tier 3" eligible countries in part 740.7 of title 15 
of the Code of Federal Regulations, as in effect on June 10, 1997 
(or any successor list). 
(c) QUARTERLY SUBMISSION OF REPORTS.—The Secretary of 
Energy shall require that reports under subsection (a) be submitted 
quarterly. 
(d) ANNUAL REPORT.—The Secretary of Energy shall submit 
to Congress an annual report containing all information received 
under subsection (a) during the preceding year. The first annual 
report shall be submitted not later than July 1, 1998. 
42 use 7274g. 
SEC. 3158. TRANSFERS OF REAL PROPERTY AT CERTAIN DEPARTMENT 
OF ENERGY FACILITIES. 
(a) TRANSFER REGULATIONS.—(1) The Secretary of Energy shall 
prescribe regulations for the transfer by sale or lease of real prop-
erty at Department of Energy defense nuclear facilities for the 
purpose of permitting the economic development of the property. 
(2) The Secretary of Energy may not transfer real property 
under the regulations prescribed under paragraph (1) until— 
(A) the Secretary submits a notification of the proposed 
transfer to the congressional defense committees; and 
(B) a period of 30 days has elapsed following the date 
on which the notification is submitted. 
(b) INDEMNIFICATION.—(1) Except as provided in paragraph 
(3) and subject to subsection (c), in the sale or lease of real property 
pursuant to the regulations prescribed under subsection (a), the 
Secretary of Energy may hold harmless and indemnify a person 
or entity described in paragraph (2) against any claim for injury 
to person or property that results from the release or threatened 
release of a hazardous substance or pollutant or contaminant as 
a result of Department of Energy activities at the defense nuclear 
facility on which the real property is located. Before entering into 
any agreement for such a sale or lease, the Secretary shall notify 
the person or entity that the Secretary has authority to provide 
indemnification to the person or entity under this subsection. The 
Secretary shall include in any agreement for such a sale or lease 
a provision stating whether indemnification is or is not provided. 
(2) Paragraph (1) applies to the following persons and entities: 
(A) Any State that acquires ownership or control of real 
property of a defense nuclear facility. 
(B) Any political subdivision of a State that acquires such 
ownership or control. 
(C) Any other person or entity that acquires such ownership 
or control. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2047 
(3) To the extent the persons and entities described in para-
graph (2) contributed to any such release or threatened release, 
paragraph (1) shall not apply. 
(c) CONDITIONS.—(1) No indemnification on a claim for injury 
may be provided under this section unless the person or entity 
making a request for the indemnification— 
(A) notifies the Secretary of Energy in writing within two 
years after such claim accrues; 
(B) furnishes to the Secretary copies of pertinent papers 
received by the person or entity; 
(C) furnishes evidence or proof of the claim; 
(D) provides, upon request by the Secretary, access to the 
records and personnel of the person or entity for purposes 
of defending or settling the claim; and 
(E) begins action within six months after the date of mail-
ing, by certified or registered mail, of notice of final denial 
of the claim by the Secretary. 
(2) For purposes of paragraph (1)(A), the date on which a 
claim accrues is the date on which the person asserting the claim 
knew (or reasonably should have known) that the injury to person 
or property referred to in subsection (b)(1) was caused or contributed 
to by the release or threatened release of a hazardous substance, 
pollutant, or contaminant as a result of Department of Energy 
activities at the defense nuclear facility on which the real property 
is located. 
(d) AUTHORITY OF SECRETARY OF ENERGY.—(1) In any case 
in which the Secretary of Energy determines that the Secretary 
may be required to indemnify a person or entity under this section 
for £iny claim for injury to person or property referred to in sub-
section (b)(1), the Secretary may settle or defend the claim on 
behalf of that person or entity. 
(2) In £m.y case described in paragraph (1), if the person or 
entity that the Secretary may be required to indemnify does not 
allow the Secretary to settle or defend the claim, the person or 
entity may not be indemnified with respect to that claim under 
this section. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall 
be construed as affecting or modifjdng in any way section 120(h) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)). 
(f) DEFINITIONS.—In this section: 
(1) The term "defense nuclear facility has the meaning 
provided by the term "Department of Energy defense nuclear 
facility" in section 318 of the Atomic Energy Act of 1954 (42 
U.S.C. 2286g). 
(2) The terms "hazardous substance", "release", and "pollut-
ant or contaminant" have the meanings provided by section 
101 of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601). 
SEC. 3159. REQUIREMENT TO DELEGATE CERTAIN AUTHORITIES TO 
SITE MANAGER OF HANFORD RESERVATION. 
Section 3173(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2848; 42 U.S.C. 
7274k) is amended— 
(1) in paragraph (1)— 
I l l STAT. 2048 
PUBLIC LAW 105-85—NOV. 18, 1997 
(A) by striking out "In addition" and inserting in lieu 
thereof "Except as provided in paragraph (5), in addition"; 
and 
(B) by striking out "Act," and inserting in Heu thereof 
"subtitle,"; and 
(2) by adding at the end the following new paragraph: 
"(5) In the case of the Hanford Reservation, Richland, Washing-
ton, the Secretary shall delegate to the Site Manager the authority 
described in paragraph (1) for fiscal year 1998. The Secretary may 
withdraw the delegated authority if the Secretary— 
"(A) determines that the Site Manager of the Hanford 
Reservation has misused or misapplied that authority; and 
"(B) the Secretary submits to Congress a notification of 
the Secretary's intent to withdraw the authority.". 
SEC. 3160. SUBMITTAL OF BIENNIAL WASTE MANAGEMENT REPORTS. 
Section 3153(b)(2)(B) of the National Defense Authorization 
Act for Fiscal Year 1994 (42 U.S.C. 7274k(b)(2)(B)) is amended 
by striking out "odd-numbered year after 1995" and inserting in 
lieu thereof "odd-numbered year after 1997". 
42 use 7251 
SEC. 3161. DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD. 
^°^^' 
(a) ESTABLISHMENT.—(1) The Secretary of Energy shall estab-
lish a board to be known as the "Department of Energy Security 
Management Board" (in this section referred to as the "Board"). 
(2) The Board shall advise the Secretary on policy matters, 
operational concerns, strategic planning, personnel, budget, procure-
ment, and development of priorities relating to the security func-
tions of the Department of Energy. 
(b) MEMBERS.—The Board shall be comprised of— 
(1) the Secretary of Energy, who shall serve as chairman; 
(2) the Director of the Office of Nonproliferation and 
National Security of the Department of Energy; 
(3) the Assistant Secretary of Energy for Environmental 
Management; 
(4) the Assistant Secretary of Energy for Defense Programs; 
(5) the Assistant Secretary of Energy for Environment, 
Safety, and Health; 
(6) the Associate Deputy Secretary of Energy for Field 
Management; 
(7) three individuals selected by the Secretary of Defense 
and appointed by the Secretary of Energy; 
(8) an individual selected by the Director of the Federal 
Bureau of Investigation and appointed by the Secretary of 
Energy; and 
(9) an individual selected by the Director of Central Intel-
ligence and appointed by the Secretary of Energy. 
(c) APPOINTMENTS.—(1) The Secretary of Defense, the Director 
of the Federal Bureau of Investigation, and the Director of Central 
Intelligence shall consult with the Secretary of Energy in selecting 
individuals for appointment under paragraphs (7), (8), and (9), 
respectively, of subsection (b). 
(2) The Secretary of Energy may not appoint as a member 
of the Board under paragraph (7), (8), or (9) of subsection (b) 
an officer or employee of the Department of Energy, an employee 
of a contractor or subcontractor of the Department, or an individual 
under contract with the Department. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2049 
(3) The Secretary of Energy shall appoint members of the 
Board under paragraphs (7), (8), and (9) of subsection (b) not 
later than January 15, 1998. 
(d) VACANCIES.—^Any vacancy in the Board shall be filled in 
the same manner as the original appointment. 
(e) PERSONNEL MATTERS.—(1)(A) Each member of the Board 
who is not an officer or employee of the Federal Government shall 
be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in the performance of the duties of the Board. 
(B) All members of the Board who are officers or employees 
of the United States shall serve without compensation in addition 
to that received for their services as officers or employees of the 
United States. 
(2) The members of the Board shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Board. 
(f) APPLICABILITY OF FACA.—The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Board under this section. 
(g) TERMINATION.—The Board shall terminate on October 31, 
2000. 
(h) SECURITY FUNCTIONS DEFINED.—In this section, the term 
"security functions" means all Department of Energy activities 
related to the safeguarding and security of nuclear weapons and 
materials, protection of classified and unclassified controlled nuclear 
information, and physical and personnel security. 
SEC. 3162. SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY 
42 USC 7274 
FUNCTIONS AT NUCLEAR WEAPONS FACILITIES. 
note. 
(a) IN GENERAL.—Not later than September 1 each year, the 
Secretary of Energy shall submit to the congressional defense 
committees the report entitled "Annual Report to the President 
on the Status of Safeguards and Security of Domestic Nuclear 
Weapons Facilities", or einy successor report to such report. 
(b) REQUIREMENT RELATING TO REPORTS THROUGH FISCAL YEAR 
2000.—The Secretary shall include with each report submitted 
under subsection (a) in fiscal years 1998 through 2000 any com-
ments on such report by the members of the Department of Energy 
Security Management Board established under section 3161 that 
such members consider appropriate. 
SEC. 3163. MODIFICATION 
OF AUTHORITY ON COMMISSION ON 
MADWAINING UNITED 
STATES 
NUCLEAR 
WEAPONS 
EXPERTISE. 
(a) COMMENCEMENT OF ACTIVITIES.—Subsection (b)(1) of section 
3162 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat. 2844; 42 U.S.C. 2121 note) 
is amended, effective January 1, 1998— 
(1) in subparagraph (C), by adding at the end the following 
new sentence: "The chairman may be designated once five 
members of the Commission have been appointed under 
subparagraph (A)."; and 
(2) by adding at the end the following: 
I l l STAT. 2050 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(E) The Commission may commence its activities under this 
section upon the designation of the chairman of the Commission 
under subparagraph (C).". 
(b) DEADLINE FOR REPORT.—Subsection (d) of that section is 
amended by striking out "March 15, 1998," and inserting in heu 
thereof "March 15, 1999,". 
16 u s e 431 note. 
SEC. 3164. LAND TRANSFER, BANDELIER NATIONAL MONUMENT. 
(a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—The Sec-
retary of Energy shall transfer to the Secretary of the Interior 
administrative jurisdiction over a parcel of real property consisting 
of approximately 4.47 acres as depicted on the map entitled "Bound-
ary Map, Bandolier National Monument", No. 315/80,051, dated 
March 1995. 
(b) BOUNDARY MODIFICATION.—The boundary of the Bandelier 
National Monument established by Proclamation No. 1322 (16 
U.S.C. 431 note) is modified to include the real property transferred 
under subsection (a). 
(c) PUBLIC AVAILABILITY OF MAP.—The map described in sub-
section (a) shall be on file and available for public inspection in 
the Lands Office at the Southwest System Support Office of the 
National Park Service, Santa Fe, New Mexico, and in the office 
of the Superintendent of Bandelier National Monument. 
(d) ADMINISTRATION.—The real property and interests in real 
property transferred under subsection (a) shall be— 
(1) administered as part of Bandelier National Monument; 
and 
(2) subject to all laws applicable to the Bandelier National 
Monument and all laws generally applicable to units of the 
National Park System. 
42 u s e 2391 
SEC. 3165. FINAL SETTLEMENT OF DEPARTMENT OF ENERGY COMMU-
note. 
jSflTY ASSISTANCE OBLIGATIONS WITH RESPECT TO LOS 
ALAMOS NATIONAL LABORATORY, NEW MEXICO. 
(a) IN GENERAL.—The Secretary of Energy shall— 
(1) convey, without consideration, to the Incorporated 
County of Los Alamos, New Mexico (in this section referred 
to as the "Count/'), or to the designee of the County, fee 
title to the parcels of land that are allocated for conveyance 
to the County in the agreement under subsection (e); and 
(2) transfer to the Secretary of the Interior, in trust for 
the Pueblo of San Ildefonso (in this section referred to as 
the "Pueblo"), administrative jurisdiction over the parcels that 
are allocated for transfer to the Secretary of the Interior in 
such agreement. 
(b) PRELIMINARY IDENTIFICATION OF PARCELS OF LAND FOR 
CONVEYANCE OR TRANSFER.—(1) Not later than 90 days after the 
date of enactment of this Act, the Secretary of Energy shall submit 
to the congressional defense committees a report identif3n[ng the 
parcels of land under the jurisdiction of the Secretary at the Los 
Alamos National Laboratory that are suitable for conveyance or 
transfer under this section. 
(2) A parcel is suitable for conveyance or transfer for purposes 
of paragraph (1) if the parcel— 
(A) is not required to meet the national security mission 
of the Department of Energy or will not be required for that 
purpose before the end of the 10-year period beginning on 
the date of enactment of this Act; 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2051 
(B) is likely to be conveyable or transferable, as the case 
may be, under this section not later than the end of such 
period; and 
(C) is suitable for use for a purpose specified in subsection 
(h). 
(c) REVIEW OF TITLE.—(1) Not later than one year after the 
date of enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report setting forth the results 
of a title search on each parcel of land identified as suitable for 
conveyance or transfer under subsection (b), including an analysis 
of any claims against or other impairments to the fee title to 
each such parcel. 
(2) In the period beginning on the date of the completion 
of the title search with respect to a parcel under paragraph (1) 
and ending on the date of the submittal of the report under that 
paragraph, the Secretary shall take appropriate actions to resolve 
the claims against or other impairments, if any, to fee title that 
are identified with respect to the parcel in the title search. 
(d) ENVIRONMENTAL RESTORATION.—(1) Not later than 21 
months after the date of enactment of this Act, the Secretary 
shall— 
(A) identify the environmental restoration or remediation, 
if any, that is required with respect to each parcel of land 
identified under subsection (b) to which the United States has 
fee title; 
(B) carry out any review of the environmental impact of 
the conveyance or transfer of each such parcel that is required 
under the provisions of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(C) submit to Congress a report setting forth the results 
of the activities under subparagraphs (A) and (B). 
(2) If the Secretary determines under paragraph (1) that a 
parcel described in paragraph (1)(A) requires environmental restora-
tion or remediation, the Secretary shall, to the maximum extent 
practicable, complete the environmental restoration or remediation 
of the parcel not later than 10 years after the date of enactment 
of this Act. 
(e) AGREEMENT FOR ALLOCATION OF PARCELS.—As soon as prac-
ticable after completing the review of titles to parcels of land 
under subsection (c), the Secretary of the Interior, on behalf of 
the Pueblo and for the County, shall submit to the Secretary of 
Energy an agreement between the Secretary of the Interior and 
the County that allocates between the Secretary of the Interior 
and the County the parcels to which the United States has fee 
title. 
if) PLAN FOR CONVEYANCE AND TRANSFER.—(1) Not later than 
90 days after the date of the submittal to the Secretary of Energy 
of the agreement under subsection (e), the Secretary shall submit 
to the congressional defense committees a plan for conveying or 
transferring parcels of land under this section in accordance with 
the allocation specified in the agreement. 
(2) The plan under paragraph (1) shall provide for the comple-
tion of the conveyance or transfer of parcels under this section 
not later than 9 months after the date of the submittal of the 
plan under that paragraph. 
(g) CONVEYANCE OR TRANSFER.—(1) Subject to paragraphs (2) 
and (3), the Secretary shall convey or transfer parcels of land 
I l l STAT. 2052 
PUBLIC LAW 105-85—NOV. 18, 1997 
in accordance with the allocation specified in the agreement submit-
ted to the Secretary under subsection (e). 
(2) In the case of a parcel allocated under the agreement 
that is not available for conveyance or transfer in accordance with 
the requirement in subsection (f)(2) by reason of its requirement 
to meet the national security mission of the Department, the Sec-
retary shall convey or transfer the parcel, as the case may be, 
when the parcel is no longer required for that purpose. 
(3)(A) In the case of a parcel allocated under the agreement 
that is not available for conveyance or transfer in accordance with 
such requirement by reason of requirements for environmental res-
toration or remediation, the Secretary shall convey or transfer 
the parcel, as the case may be, upon the completion of the environ-
mental restoration or remediation that is required with respect 
to the parcel. 
(B) If the Secretary determines that environmental restoration 
or remediation cannot reasonably be expected to be completed with 
respect to a parcel by the end of the 10-year period beginning 
on the date of enactment of this Act, the Secretary shall not convey 
or transfer the parcel under this section. 
(h) USE OF CONVEYED OR TRANSFERRED LAND.—The parcels 
of land conveyed or transferred under this section shall be used 
for historic, cultural, or environmental preservation purposes, eco-
nomic diversification purposes, or community self-sufficiency pur-
poses. 
(i) TREATMENT OF CONVEYANCES AND TRANSFERS.—(1) The pur-
pose of the conveyances and transfers under this section is to 
fulfill the obligations of the United States with respect to Los 
Alamos National Laboratory, New Mexico, under sections 91 and 
94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391, 
2394). 
(2) Upon the completion of the conveyance or transfer of the 
parcels of land available for conveyance or transfer xmder this 
section, the Secretary shall make no further pa3anents with respect 
to Los Alamos National Laboratory under section 91 or section 
94 of the Atomic Energy Community Act of 1955. 
SEC. 3166. SENSE OF CONGRESS REGARDING THE y-12 PLANT IN OAK 
RIDGE, TENNESSEE. 
\ 
\ 
It is the sense of Congress that the Y-12 Plant in Oak Ridge, 
Tennessee, should be used as a national prototype center and that 
other executive agencies should ut^ize this center, where appro-
priate, to maximize their efficiency and cost effectiveness. 
SEC. 3167. SUPPORT FOR PUBLIC EDUCAMON IN THE VICINITY OF 
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. 
(a) AVAILABILITY OF FUNDS.—Of the funds authorized to be 
appropriated or otherwise made available to the Department of 
Energy by this title, $5,000,000 shall be available for payment 
by the Secretary of Energy to a nonprofit or not-for-profit edu-
cational foundation chartered to enhance educational activities in 
the public schools in the vicinity of Los Alamos National Laboratory, 
New Mexico (in this section referred to as the "Foundation"). 
(b) USE OF FUNDS.—(1) The Foundation shall utilize funds 
provided under subsection (a) as the basis of, or as a contribution 
to, an endowment fund for the Foundation. 
(2) The Foundation shall use the income generated from invest-
ments in the endowment fund that are attributable to the payment 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2053 
made under subsection (a) to fund programs to support the edu-
cational needs of children in public schools in the vicinity of Los 
Alamos National Laboratory. 
(c) REPORT.—Not later than March 1, 1998, the Secretary shall 
submit to the congressional defense committees a report setting 
forth the following: 
(1) The amount of, and a schedule for, payments to the 
Foundation by the Secretary that are in addition to the pajnnent 
provided under subsection (a). 
(2) A plan to ensure that the Secretary makes no other 
payments to support the educational activities referred to in 
subsection (b)(2) after September 30, 2002. 
SEC. 3168. IMPROVEMENTS TO GREENVILLE 
ROAD, 
LIVERMORE, 
CALIFORNIA. 
From amounts authorized to be appropriated or otherwise made 
available to the Department of Energy by this title, funds shall 
be available for improvements to Greenville Road, Livermore, 
California, as follows: 
(1) $3,500,000 in fiscal year 1998. 
(2) $3,300,000 in fiscal year 1999. 
SEC. 3169. REPORT ON ALTERNATIVE SYSTEM FOR AVAILABILITY OF 
FUNDS. 
(a) REPORT.—Not later than October 1, 1998, the Secretary 
of Energy shall submit to Congress a report assessing how 
the Department of Energy could carry out a transition from a 
no-year funding system to a limited-period funding system. 
(b) MATTERS COVERED.—The report shall cover the following 
matters: 
(1) A conceptual proposal on how the no-year funding 
system could be phased out. 
(2) An estimate of the cost of making the transition to 
a limited-period funding system. 
(3) A description of the programmatic effects that could 
occur if the no-year funding system is eliminated. 
(4) A delineation of activities for which the no-year funding 
system should be retained. 
(c) DEFINITIONS.—In this section: 
(1) The term "no-year funding system" means a funding 
system in which funds are available to the Department of 
Energy until expended. 
(2) The term "limited-period funding system" means a fund-
ing system in which funds are available to the Department 
of Energy for a limited period of time. 
SEC. 3170. REPORT ON REMEDIATION 
UNDER THE FORMERLY 
UTILIZED SITES REMEDIAL ACTION PROGRAM. 
Not later than March 1, 1998, the Secretary of Energy shall 
submit to Congress a report containing information responding 
to the following questions regarding the Formerly Utilized Sites 
Remedial Action Program: 
(1) How many Formerly Utilized Sites remain to be remedi-
ated, what portions of these remaining sites have completed 
remediation (including any offsite contamination), what por-
tions of the sites remain to be remediated (including any offsite 
contamination), what types of contaminants are present at 
I l l STAT. 2054 
PUBLIC LAW 105-85—NOV. 18, 1997 
each site, and what are the projected timeframes for completing 
remediation at each site? 
(2) What is the cost of the remaining response actions 
necessary to address actual or threatened releases of hazardous 
substances at each Formerly Utilized Site, including any 
contamination that is present beyond the perimeter of the 
facilities? 
(3) For each site, how much will it cost to remediate the 
radioactive contamination, and how much will it cost to remedi-
ate the non-radioactive contamination? 
(4) How many sites potentially involve private parties that 
could be held responsible for remediation costs, including 
remediation costs related to offsite contamination? 
(5) What type of agreements under the Formerly Utilized 
Sites Remedial Action Program have been entered into with 
private parties to resolve the level of liability for remediation 
costs at these facilities, and to what extent have these agree-
ments been tied to a distinction between radioactive and non-
radioactive contamination present at these sites? 
(6) What efforts have been undertaken by the Department 
to ensure that the settlement agreements entered into with 
private parties to resolve liability for remediation costs at these 
facilities have been consistent on a program-wide basis? 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Report on external regulation of defense nuclear facilities. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 1998, 
$17,500,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
42 use 2286 
SEC. 3202. REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR 
note. 
FACILITIES. 
(a) REPORTING REQUIREMENT.—The Defense Nuclear Facilities 
Safety Board (in this section referred to as the "Board") shall 
prepare a report and make recommendations on its role in the 
Department of Energy's decision to establish external regulation 
of defense nuclear facilities. The report shall include the following: 
(1) An assessment of the value of and the need for the 
Board to continue to perform the functions specified under 
chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.). 
(2) An assessment of the relationship between the functions 
of the Board and a proposal by the Department of Energy 
to place Department of Energy defense nuclear facilities under 
the jurisdiction of external regulatory agencies. 
(3) An assessment of the functions of the Board and 
whether there is a need to modify or amend such functions. 
(4) An assessment of the relative advantages and disadvan-
tages to the Department and the public of continuing the func-
tions of the Board with respect to Department of Energy defense 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2055 
nuclear facilities and replacing the activities of the Board with 
external regulation of such facilities. 
(5) A list of all existing or planned Department of Energy 
defense nuclear facilities that are similar to facilities under 
the regulatory jurisdiction of the Nuclear Regulatory Commis-
sion. 
(6) A list of all Department of Energy defense nuclear 
facilities that are in compliance with all applicable Department 
cf Energy orders, regulations, and requirements relating to 
the design, construction, operation, and decommissioning of 
defense nuclear facilities. 
(7) A list of all Department of Energy defense nuclear 
facilities that have implemented, pursuant to an implementa-
tion plan, recommendations made by the Board and accepted 
by the Secretary of Energy. 
(8) A list of Department of Energy defense nuclear facilities 
that have a function related to Department weapons activities. 
(9)(A) A list of each existing defense nuclear facility that 
the Board determines— 
(i) should continue to stay within the jurisdiction of 
the Board for a period of time or indefinitely; and 
(ii) should come under the jurisdiction of an outside 
regulatory authority. 
(B) An explanation of the determinations made under 
subparagraph (A). 
(10) For any existing facilities that should, in the opinion 
of the Board, come under the jurisdiction of an outside regu-
latory authority, the date when this move would occur and 
the period of time necessary for the transition. 
(11) A list of any proposed Department of Energy defense 
nuclear facilities that should come under the Board's jurisdic-
tion. 
(12) An assessment of regulatory and other issues associ-
ated with the design, construction, operation, and decommis-
sioning of facilities that are not owned by the Department 
of Energy but which would provide services to the Department 
of Energy. 
(13) An assessment of the role of the Board, if any, in 
privatization projects undertaken by the Department. 
(14) An assessment of the role of the Board, if any, in 
any tritium production facilities. 
(15) An assessment of the comparative advantages and 
disadvantages to the Department of Energy in the event some 
or all Department of Energy defense nuclear facilities were 
no longer included in the functions of the Board and were 
regulated by the Nuclear Regulatory Commission. 
(16) A comparison of the cost, as identified by the Nuclear 
Regulatory Commission, that would be incurred at a gaseous 
diffusion plant to comply with regulations issued by the Nuclear 
Regulatory Commission, with the cost that would be incurred 
by a gaseous diffusion plant if such a plant was considered 
to be a Department of Energy defense nuclear facility as defined 
by chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 
2286 et seq.). 
(b) COMMENTS ON REPORT.—Before submission of the report 
to Congress under subsection (c), the Board shall transmit the 
report to the Secretary of Energy and the Nuclear Regulatory 
I l l STAT. 2056 
PUBLIC LAW 105-85—NOV. 18, 1997 
Commission. The Secretary and the Commission shall provide their 
comments on the report to both the Board and to Congress. 
(c) SUBMISSION TO CONGRESS.—Not later than six months after 
the date of the enactment of this Act, the Board shall provide 
to Congress an interim report on the status of the implementation 
of this section. Not later than one year after the date of the 
enactment of this Act, and not earlier than 30 days after receipt 
of comments from the Secretary of Energy and the Nuclear Regu-
latory Commission under subsection (b), the Board shall submit 
to Congress the report required under subsection (a). 
(d) DEFINITION.—In this section, the term "Department of 
Energy defense nuclear facility" has the meaning provided by sec-
tion 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). 
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. 
50 u s e 98d note. 
SEC. 3301. DEFINITIONS. 
In this title: 
(1) The term "National Defense Stockpile" means the stock-
pile provided for in section 4 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98c). 
(2) The term "National Defense Stockpile Transaction 
Fund" means the fund in the Treasury of the United States 
established under section 9(a) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h(a)). 
(3) The term "Market Impact Committee" mesms the Mar-
ket Impact Committee established under section 10(c) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h-l(c)). 
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 1998, 
the National Defense Stockpile Manager may obligate up to 
$73,000,000 of the funds in the National Defense Stockpile Trans-
action Fund for the authorized uses of such funds under section 
9(b)(2) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h(b)(2)). 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations, llie National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date Congress 
receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2057 
SEC. 3303. DISPOSAL OF BERYLLIUM COPPER MASTER ALLOY IN 
50 USC 98d note. 
NATIONAL DEFENSE STOCKPILE. 
(a) DISPOSAL AUTHORIZATION.—Pursuant to section 5(b) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), 
the National Defense Stockpile Manager may dispose of all beryl-
lium copper master alloy from the National Defense Stockpile as 
part of continued efforts to modernize the stockpile. 
(b) PRECONDITION FOR DISPOSAL.—Before beginning the dis-
posal of beryllium copper master alloy under subsection (a), the 
National Defense Stockpile Manager shall certify to Congress that 
the disposal of beryllium copper master alloy will not adversely 
affect the capability of the National Defense Stockpile to supply 
the strategic and critical material needs of the United States. 
(c) CONSULTATION WITH MARKET IMPACT COMMITTEE.—In dis-
posing of beryllium copper master alloy under subsection (a), the 
National Defense Stockpile Manager shall consult with the Market 
Impact Committee to ensure that the disposal of beryllium copper 
master alloy does not disrupt the domestic beryllium industry. 
(d) EXTENDED SALES CONTRACTS.—The National Defense Stock-
pile Manager shall provide for the use of long-term sales contracts 
for the disposal of beryllium copper master alloy under subsection 
(a) so that the domestic beryllium industry can re-absorb this 
material into the market in a gradual and nondisruptive manner. 
However, no such contract shall provide for the disposal of beryllium 
copper master alloy over a period longer than eight years, beginning 
on the date of the commencement of the first contract under this 
section. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding materials in the National 
Defense Stockpile. 
(f) BERYLLIUM COPPER MASTER ALLOY DEFINED.—For purposes 
of this section, the term "beryllium copper master alloy" means 
an alloy of nominally four percent beryllium in copper. 
SEC. 3304. DISPOSAL OF TITANIUM SPONGE IN NATIONAL DEFENSE 
50 USC 98d note. 
STOCKPILE. 
(a) DISPOSAL REQUIRED.—Subject to subsection (b), the National 
Defense Stockpile Manager shall dispose of 34,800 short tons of 
titanium sponge contained in the National Defense Stockpile pro-
vided for in section 4 of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98c) and excess to stockpile requirements. 
(b) CONSULTATION WITH MARKET IMPACT COMMITTEE.—In dis-
posing of titanium sponge under subsection (a), the National 
Defense Stockpile Manager shall consult with the Market Impact 
Committee to ensure that the disposal of titanium sponge does 
not disrupt the domestic titanium industry. 
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding materials in the National 
Defense Stockpile. 
SEC. 3305. DISPOSAL OF COBALT IN NATIONAL DEFENSE STOCKPILE. 
50 USC 98d note. 
(a) DISPOSAL REQUIRED.—Subject to subsections (b) and (c), 
the President shall dispose of cobalt contained in the National 
I l l STAT. 2058 
PUBLIC LAW 105-85—NOV. 18, 1997 
Defense Stockpile so as to result in receipts to the United States 
in amounts equal to— 
(1) $20,000,000 during fiscal year 2003; 
(2) $30,000,000 during fiscal year 2004; 
(3) $34,000,000 during fiscal year 2005; 
(4) $34,000,000 during fiscal year 2006; and 
(5) $34,000,000 during fiscal year 2007. 
(b) LIMITATION ON DISPOSAL QUANTITY.—The total quantity 
of cobalt authorized for disposal by the President under subsection 
(a) may not exceed 14,058,014 pounds. 
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President 
may not dispose of cobalt under subsection (a) to the extent that 
the disposal will result in— 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of cobalt; or 
(2) avoidable loss to the United States. 
(d) TREATMENT OF RECEIPTS.—Notwithstanding section 9 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h), funds received as a result of the disposal of cobalt under 
subsection (a) shall be deposited into the general fund of the Treas-
ury. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding materials in the National 
Defense Stockpile. 
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF STRATEGIC AND 
CRITICAL MATERIALS. 
Section 6(b) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98e(b)) is amended in the first sentence by striking 
out "materials from the stockpile shall be made by formal advertis-
ing or competitive negotiation procedures." and inserting in lieu 
thereof "strategic and critical materials from the stockpile shall 
be made in accordance with the next sentence.". 
SEC. 
3307. 
RETURN 
OF 
SURPLUS 
PLATINUM 
FROM 
THE 
DEPARTMENT 
OF 
THE 
TREASURY. 
(a) RETURN OF PLATINUM TO STOCKPILE.—Subject to subsection 
(b), the Secretary of the Treasury, upon the request of the Secretary 
of Defense, shall return to the Secretary of Defense for sale or 
other disposition platinum of the National Defense Stockpile that 
has been loaned to the Department of the Treasury by the Secretary 
of Defense, acting as the stockpile manager. The quantity requested 
and required to be returned shall be any quantity that the Secretary 
of Defense determines appropriate for sale or other disposition. 
(b) ALTERNATIVE TRANSFER OF FUNDS.—The Secretary of the 
Treasury, with the concurrence of the Secretary of Defense, may 
transfer to the Secretary of Defense funds in a total amount that 
is equal to the fair market value of any platinum requested under 
subsection (a) and not returned. A transfer of funds under this 
subsection shall be a substitute for a return of platinum under 
subsection (a). Upon a transfer of funds as a substitute for a 
return of platinum, the platinum shall cease to be part of the 
National Defense Stockpile. A transfer of funds under this sub-
section shall be charged to any appropriation for the Department 
of the Treasury and shall be credited to the National Defense 
Stockpile Transaction Fund. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2059 
(c) RESPONSIBILITY FOR COSTS.—^The return of platinum under 
subsection (a) by the Secretary of the Treasury shall be made 
without the expenditure of any funds available to the Department 
of Defense. The Secretary of the Treasury shall be responsible 
for all costs incurred in connection with the return, such as 
transportation, storage, testing, refining, or casting costs. 
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. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
There is hereby authorized to be appropriated to the Secretary 
of Energy $117,000,000 for fiscal year 1998 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves (as defined in section 
7420(2) of such title). Funds appropriated pursuant to such 
authorization shall remain available until expended. 
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM 
10 USC 7430 
DURING FISCAL YEAR 1998. 
note. 
Notwithstanding section 7430(b)(2) of title 10, United States 
Code, during fiscal year 1998, any sale of any part of the United 
States share of petroleum produced from Naval Petroleum Reserves 
Numbered 1, 2, and 3 shall be made at a price not less th£in 
90 percent of the current sales price, as estimated by the Secretary 
of Energy, of comparable petroleum in the same area. 
SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO 
OFFICE 
OF 
NAVAL 
PETROLEUM 
AND 
OIL 
SHALE 
RESERVES. 
Section 2 of Public Law 96-137 (42 U.S.C. 7156a) is repealed. 
SEC. 3404. TRANSFER OF JURISDICTION, NAVAL OIL SHALE RESERVES 
NUMBERED 1 AND 3. 
(a) TRANSFER REQUIRED.—Chapter 641 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 7439. Certain oil shale reserves: transfer of jurisdiction 
and petroleum exploration, development, and 
production 
"(a) TRANSFER REQUIRED.—(1) Upon the enactment of this sec-
tion, the Secretary of Energy shall transfer to the Secretary of 
the Interior administrative jurisdiction over all public domain lands 
included within Oil Shale Reserve Numbered 1 and those public 
domain lands included within the undeveloped tracts of Oil Shale 
Reserve Numbered 3. 
"(2) Not later than one year after the date of the enactment 
of this section, the Secretary of Energy shall transfer to the Sec-
retary of the Interior administrative jurisdiction over those public 
domain lands included within the developed tract of Oil Shale 
Reserve Numbered 3, which consists of approximately 6,000 acres 
I l l STAT. 2060 
PUBLIC LAW 105-85—NOV. 18, 1997 
and 24 natural gas wells, together with pipelines and associated 
facilities. 
"(3) Notwithstanding the transfer of jurisdiction, the Secretary 
of Energy shall continue to be responsible for all environmental 
restoration, waste management, and environmental compliance 
activities that are required under Federal and State laws with 
respect to conditions existing on the lands at the time of the 
transfer. 
"(4) Upon the transfer to the Secretary of the Interior of jurisdic-
tion over public domain lands under this subsection, the other 
provisions of this chapter shall cease to apply with respect to 
the transferred lands. 
"(b) AUTHORITY TO LEASE.—(1) Beginning on the date of the 
enactment of this section, or as soon thereafter as practicable, 
the Secretary of the Interior shall enter into leases with one or 
more private entities for the purpose of exploration for, and develop-
ment and production of, petroleum (other than in the form of 
oil shale) located on or in public domain lands in Oil Shale Reserves 
Numbered 1 and 3 (including the developed tract of Oil Shale 
Reserve Numbered 3). Any such lease shall be made in accordance 
with the requirements of the Mineral Leasing Act (30 U.S.C. 181 
et seq.) regarding the lease of oil and gas lands and shall be 
subject to valid existing rights. 
"(2) Notwithstanding the delayed transfer of the developed 
tract of Oil Shale Reserve Numbered 3 under subsection (a)(2), 
the Secretary of the Interior shall enter into a lease under para-
graph (1) with respect to the developed tract before the end of 
the one-year period beginning on the date of the enactment of 
this section. 
"(c) MANAGEMENT.—The Secretary of the Interior, acting 
through the Director of the Bureau of Land Management, shall 
manage the lands transferred under subsection (a) in accordance 
with the Federal Lsind Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) and other laws applicable to the public lands. 
"(d) TRANSFER OF EXISTING EQUIPMENT.—The lease of lands 
by the Secretary of the Interior under this section may include 
the transfer, at fair market value, of any well, gathering line, 
or related equipment owned by the United States on the lands 
transferred under subsection (a) and suitable for use in the explo-
ration, development, or production of petroleum on the lands. 
"(e) COST 
MINIMIZATION.—The cost of any environmental 
assessment required pursuant to the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) in connection with a proposed 
lease under this section shall be paid out of unobligated amounts 
available for administrative expenses of the Bureau of Land 
Management. 
"(f) TREATMENT OF RECEIPTS.—(1) Notwithstanding section 35 
of the Mineral Leasing Act (30 U.S.C. 191), all moneys received 
during the period specified in paragraph (2) from a lease under 
this section (including moneys in the form of sales, bonuses, royal-
ties (including interest charges collected under the Federal Oil 
and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
seq.)), and rentals) shall be covered into the Treasury of the United 
States and shall not be subject to distribution to the States pursuant 
to subsection (a) of such section 35. Subject to a specific authoriza-
tion and appropriation for this purpose, such moneys may be used 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2061 
for reimbursement of environmental restoration, waste manage-
ment, and environmental compliance costs incurred by the United 
. 
States with respect to the lands transferred under subsection (a). 
"(2) The period referred to in this subsection is the period 
beginning on the date of the enactment of this section and ending 
on the date on which the Secretary of Energy and the Secretary 
of the Interior jointly certify to Congress that the sum of the 
moneys deposited in the Treasury under paragraph (1) is equal 
to the total of the following: 
"(A) The cost of all environmental restoration, waste 
management, and environmental compliance activities incurred 
by the United States with respect to the lands transferred 
under subsection (a). 
"(B) The cost to the United States to originally install 
wells, gathering lines, and related equipment on the transferred 
lands and any other cost incurred by the United States with 
respect to the lands.". 
(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: 
"7439. Certain oil shale reserves: transfer of jurisdiction and petroleum exploration, 
development, and production.". 
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. 
I l l STAT. 2062 
PUBLIC LAW 105-85—NOV. 18, 1997 
Panama Canal 
Commission 
Authorization 
Act for Fiscal 
Year 1998. 
Panama Canal 
Transition 
Facilitation Act 
of 1997. 
22 u s e 3601 
note. 
Sec. 3549. Enhanced printing authority. 
Sec. 3550. Technical and conforming amendments. 
Subtitle A—^Authorization of Expenditures 
From Revolving Fund 
SEC. 3501. SHORT TITLE. 
This subtitle may be cited as the "Panama Canal Commission 
Authorization Act for Fiscal Year 1998". 
SEC. 3502. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—Subject to subsection (b), the Panama Canal 
Commission is authorized to use amounts in the Panama Canal 
Revolving Fund to make such expenditures within the limits of 
funds and borrowing authority available to it in accordance with 
law, and to make such contracts and commitments, as may be 
necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 
et seq.) for the operation, maintenance, improvement, and adminis-
tration of the Panama Canal for fiscal year 1998. 
(b) LIMITATIONS.—For fiscal year 1998, the Panama Canal 
Commission may expend from funds in the Panama Canal Revolving 
Fimd not more than $85,000 for official reception and representation 
expenses, of which— 
(1) not more than $23,000 may be used for official reception 
and representation expenses of the Supervisory Board of the 
Commission; 
(2) not more than $12,000 may be used for official reception 
and representation expenses of the Secretary of the Commis-
sion; and 
(3) not more than $50,000 may be used for official reception 
and representation expenses of the Administrator of the 
Commission. 
SEC. 3503. PURCHASE OF VEHICLES. 
Notwithstanding any other provision of law, the funds available 
to the Commission shall be available for the purchase and transpor-
tation to the Republic of Panama of passenger motor vehicles, 
the purchase price of which shall not exceed $22,000 per vehicle. 
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES. 
Expenditures authorized under this subtitle may be made only 
in accordance with the Panama Canal Treaties of 1977 and any 
law of the United States implementing those treaties. 
Subtitle B—^Facilitation of Panama Canal 
Transition 
SEC. 3511. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This subtitle may be cited as the "Panama 
Canal Transition Facilitation Act of 1997". 
(b) REFERENCES.—Except as otherwise expressly provided, 
whenever in this subtitle an amendment or repeal is expressed . 
in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section 
• ,"^*'«*J'' 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2063 
or other provision of the Panama Canal Act of 1979 (22 U.S.C. 
3601 et seq.). 
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION. 
Section 3 (22 U.S.C. 3602) is amended by adding at the end 
the following new subsection: 
"(d) For purposes of this Act: 
"(1) The term 'Canal Transfer Date' means December 31, 
1999, such date being the date specified in the Panama Canal 
Treaty of 1977 for the transfer of the Panama Canal from 
the United States of America to the Republic of Panama. 
"(2) The term 'Panama Canal Authority' means the entity 
created by the Republic of Panama to succeed the Panama 
Canal Commission as of the Canal Transfer Date.". 
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. 
(a) AUTHORITY FOR DUAL ROLE.—Section 1103 (22 U.S.C. 3613) 
is amended by adding at the end the following new subsection: 
"(c) The Congress consents, for purposes of the 8th clause 
of article I, section 9 of the Constitution of the United States, 
to the acceptance by the individual serving as Administrator of 
the Commission of appointment by the Republic of Panama to 
the position of Administrator of the Panama Canal Authority. Such 
consent is effective only if that individual, while serving in both 
such positions, serves as Administrator of the Panama Canal 
Authority without compensation, except for payments by the Repub-
lic of Panama of travel and entertainment expenses, including per 
diem payments.". 
(b) WAIVER OF ETHICS AND REPORTING REQUIREMENTS.—Such 
section is further amended by adding at the end the following 
new subsection: 
"(d) If before the Canal Transfer Date the Republic of Panama 
appoints as the Administrator of the Panama Canal Authority 
the individual serving as the Administrator of the Commission 
and if that individual accepts the appointment— 
"(1) during any period during which that individual serves 
as both Administrator of the Commission and the Administrator 
of the Panama Canal Authority— 
"(A) the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 611 et seq.), shall not apply to that 
individual with respect to service as the Administrator 
of the Panama Canal Authority; 
"(B) that individual, with respect to participation in 
any particular matter as the Administrator of the Panama 
Canal Commission, is not subject to section 208(a) of title 
18, United States Code, insofar as that section would other-
wise apply to that matter only because the matter will 
have a direct and predictable effect on the financial interest 
of the Panama Canal Authority; 
"(C) that individual is not subject to sections 203 and 
205 of title 18, United States Code, with respect to official 
I l l STAT. 2064 
PUBLIC LAW 105-85—NOV. 18, 1997 
acts performed as an agent or attorney for or otherwise 
representing the Panama Canal Authority; and 
"(D) that individual is not subject to sections 501(a) 
and 502(a)(4) of the Ethics in Government Act of 1978 
(5 U.S.C. App.), with respect to compensation received for, 
and service in, the position of Administrator of the Panama 
Canal Authority; and 
"(2) effective upon termination of the individual's appoint-
ment as Administrator of the Panama Canal Commission at 
noon on the Canal Transfer Date, that individual is not subject 
to section 207 of title 18, United States Code, with respect 
to acts done in carrying out official duties as Administrator 
of the Panama Canal Authority.". 
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORITIES. 
(a) WAIVER OF CERTAIN POST-EMPLOYMENT RESTRICTIONS FOR 
COMMISSION PERSONNEL BECOMING EMPLOYEES OF THE PANAMA 
CANAL AUTHORITY.—Section 1112 (22 U.S.C. 3622) is amended by 
adding at the end the following new subsection: 
"(e)(1) Section 207 of title 18, United States Code, does not 
apply to a covered individual with respect to acts done in carrying 
out official duties as an officer or employee of the Panama Canal 
Authority. 
"(2) For purposes of paragraph (1), a covered individual is 
an officer or employee of the Panama Canal Authority who was 
£in officer or employee of the Commission (other than the Adminis-
trator) and whose employment with the Commission terminated 
at noon on the Canal Transfer Date. 
"(3) This subsection is effective as of the Canal Transfer Date.". 
(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY RESERVE AND 
RETIRED MEMBERS OF THE UNIFORMED SERVICES OF EMPLOYMENT 
BY PANAMA CANAL AUTHORITY.—Such section is further amended 
by adding after subsection (e), as added by subsection (a), the 
following new subsection: 
"(f)(1) The Congress consents to the following persons accepting 
civil emplo3mient (and compensation for that emplojnnent) with 
the Panama Canal Authority for which the consent of the Congress 
is required by the last paragraph of section 9 of article I of the 
Constitution of the United States, relating to acceptance of emolu-
ments, offices, or titles from a foreign government: 
"(A) Retired members of the uniformed services. 
"(B) Members of a reserve component of the armed forces. 
"(C) Members of the Commissioned Reserve Corps of the 
Public Health Service. 
"(2) The consent of the Congress under paragraph (1) is effective 
without regard to subsection (b) of section 908 of title 37, United 
States Code (relating to approval required for employment of 
Reserve and retired members by foreign governments).". 
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH 
COMPENSATION 
OF 
COMMISSION 
OFFICERS 
AND 
EMPLOYEES. 
(a) REPEAL OF LIMITATIONS ON COMMISSION AUTHORITY.—The 
following provisions are repealed: 
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay. 
(2) Section 1219 (22 U.S.C. 3659), relating to salary protec-
tion upon conversion of pay rate. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2065 
(3) Section 1225 (22 U.S.C. 3665), relating to minimum 
level of pay and minimum annual increases. 
(b) SAVINGS PROVISION.—Section 1202 (22 U.S.C. 3642) is 
amended by adding at the end the following new subsection: 
"(c) In the case of an individual who is an officer or employee 
of the Commission on the day before the date of the enactment 
of the Panama Canal Transition Facilitation Act of 1997 and who 
has not had a break in service with the Commission since that 
date, the rate of basic pay for that officer or employee on or 
after that date may not be less than the rate in effect for that 
officer or employee on the day before that date of enactment 
except— 
"(1) as provided in a collective bargaining agreement; 
"(2) as a result of an adverse action against the officer 
or employee; or 
"(3) pursuant to a voluntary demotion.". 
(c) CROSS-REFERENCE 
AMENDMENTS.—(1) Section 1216 (22 
U.S.C. 3656) is amended by striking out "1215" and inserting in 
lieu thereof "1202". 
(2) Section 1218 (22 U.S.C. 3658) is amended by striking out 
"1215" and "1217" and inserting in lieu thereof "1202" and "1217(a)", 
respectively. 
(d) NONAPPLICABILITY TO AGENCIES IN PANAMA OTHER THAN 
PANAMA 
CANAL 
COMMISSION.—Section 
1212(b)(3) (22 U.S.C. 
3652(b)(3)) is amended by striking out "or the Panama Canal Act 
Amendments of 1996" and inserting in lieu thereof ", the Panama 
Canal Act Amendments of 1996 (subtitle B of title XXXV of Public 
Law 104-201; 110 Stat. 2860), or the Panama Canal Transition 
Facilitation Act of 1997". 
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE EXPENSES 
FOR COMMISSION PERSONNEL NO LONGER SUBJECT TO 
FEDERAL TRAVEL REGULATION. 
(a) REPEAL OF APPLICABILITY OF TITLE 5 PROVISIONS.—(1) Sec-
tion 1210 (22 U.S.C. 3650) is amended by striking out subsections 
(a), (b), and (c). 
(2) Section 1224 (22 U.S.C. 3664) is amended— 
(A) by striking out paragraph (10); and 
(B) by redesignating paragraphs (11) through (20) as para-
graphs (10) through (19), respectively. 
(b) CONFORMING AMENDMENTS.—(1) Section 1210 is further 
amended— 
(A) by redesignating subsection (d)(1) as subsection (a) 
and in that subsection striking out "paragraph (2)" and insert-
ing in lieu thereof "subsection (b)"; and 
(B) by redesignating subsection (d)(2) as subsection (b) 
and in that subsection— 
(i) striking out "Notwithstanding paragraph (1), an" 
and inserting in lieu thereof "An"; and 
(ii) striking out "referred to in paragraph (1)" and 
inserting in lieu thereof "who is a citizen of the Republic 
of Panama". 
(2) The heading of such section is amended to read as follows: 
"AIR TRANSPORTATION". 
(c) EFFECTIVE DATE.—The amendments made by this section 22 use 3650 
shall take effect on January 1, 1999. 
note. 
39-194 O - 97 - 32 : QL 3 Part 2 
I l l STAT. 2066 
PUBLIC LAW 105-85—NOV. 18, 1997 
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AUTHORITIES. 
(a) RECRUITMENT, RELOCATION, AND RETENTION BONUSES.— 
Section 1217 (22 U.S.C. 3657) is amended— 
(1) by redesignating subsection (c) as subsection (e); 
(2) in subsection (e) (as so redesignated), by striking out 
"for the same or similar work performed in the United States 
by individuals employed by the Government of the United 
States" and inserting in lieu thereof "of the individual to whom 
the compensation is paid"; and 
(3) by inserting after subsection (b) the following new sub-
sections: 
"(c)(1) The Commission may pay a recruitment bonus to an 
individual who is newly appointed to a position with the Commis-
sion, or a relocation bonus to an employee of the Commission 
who must relocate to accept a position, if the Commission deter-
mines that the Commission would be likely, in the absence of 
such a bonus, to have difficulty in filling the position. 
"(2) A recruitment or relocation bonus may be paid to an 
employee under this subsection only if the employee enters into 
an agreement with the Commission to complete a period of employ-
ment established in the agreement. If the employee voluntarily 
fails to complete such period of employment or is separated from 
service in such emplo3anent as a result of an adverse action before 
the completion of such period, the employee shall repay the entire 
amount of the bonus. 
"(3) A recruitment or relocation bonus under this subsection 
may be paid as a lump sum. A bonus under this subsection may 
not be considered to be part of the basic pay of an employee. 
"(d)(1) The Commission may pay a retention bonus to an 
employee of the Commission if the Commission determines that— 
"(A) the employee has unusually high or unique qualifica-
tions and those qualifications make it essential for the Commis-
sion to retain the employee for a period specified by the 
Commission ending not later than the Canal Transfer Date, 
or the Commission otherwise has a special need for the services 
of the employee making it essential for the Commission to 
retain the employee for a period specified by the Commission 
ending not later than the Canal Transfer Date; and 
"(B) the employee would be likely to leave employment 
with the Commission before the end of that period if the reten-
tion bonus is not paid. 
"(2) A retention bonus under this subsection— 
"(A) shall be in a fixed amount; 
"(B) shall be paid on a pro rata basis (over the period 
specified by the Commission as essential for the retention of 
the employee), with such payments to be made at the same 
time and in the same manner as basic pay; and 
"(C) may not be considered to be part of the basic pay 
of an employee. 
"(3) A decision by the Commission to exercise or to not exercise 
the authority to pay a bonus under this subsection shall not be 
subject to review under any statutory procedure or any agency 
or negotiated grievance procedure except under any of the laws 
referred to in section 2302(d) of title 5, United States Code.". 
(b) EDUCATIONAL SERVICES.—Section 1321(e)(2) (22 U.S.C. 
3731(e)(2)) is amended by striking out "and persons" and inserting 
in lieu thereof ", to other Commission employees when determined 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2067 
by the Commission to be necessary for their recruitment or reten-
tion, and to other persons". 
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAYMENTS. 
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended by 
adding at the end of subchapter III the following new section: 
"TRANSITION SEPARATION INCENTIVE PAYMENTS 
"SEC. 1233. (a) In applying to the Commission and employees 22USC3673. 
of the Commission the provisions of section 663 of the Treasury, 
Postal Service, emd General Government Appropriations Act, 1997 
(as contained in section 101(f) of division A of Public Law 104-
208; 110 Stat. 3009-383), relating to voluntary separation incentives 
for employees of certain Federal agencies (in this section referred 
to as 'section 663')— 
"(1) the term 'employee' shall mean an employee of the 
Commission who has served in the Republic of Panama in 
a position with the Commission for a continuous period of 
at least three years immediately before the employee's separa-
tion under an appointment without time limitation £md who 
is covered under the Civil Service Retirement System or the 
Federal Employees' Retirement System under subchapter III 
of chapter 83 or chapter 84, respectively, of title 5, United 
States Code, other than— 
"(A) an employee described in any of subparagraphs 
(A) through (F) of subsection (a)(2) of section 663; or 
"(B) an employee of the Commission who, during the 
24-month period preceding the date of separation, has 
received a recruitment or relocation bonus under section 
1217(c) of this Act or who, within the 12-month period 
preceding the date of separation, received a retention bonus 
under section 1217(d) of this Act; 
"(2) the strategic plan under subsection (b) of section 663 
shall include (in lieu of the matter specified in subsection 
(b)(2) of that section)— 
"(A) the positions to be affected, identified by occupa-
tional category and grade level; 
"(B) the number and amounts of separation incentive 
pajmients to be offered; and 
"(C) a description of how such incentive payments will 
facilitate the successful transfer of the Panama Canal to 
the Republic of Panama; 
"(3) a separation incentive pa)mient under section 663 may 
be paid to a Commission employee only to the extent necessary 
to facilitate the successfiil transfer of the Panama Canal by 
the United States of America to the Republic of Panama as 
required by the Panama Canal Treaty of 1977; 
"(4) such a payment— 
"(A) may be in an amount determined by the Commis-
sion not to exceed $25,000; and 
"(B) may be made (notwithstanding the limitation 
specified in subsection (c)(2)(D) of section 663) in the case 
of an eligible employee who voluntarily separates (whether 
by retirement or resignation) during the 90-day period 
beginning on the date of the enactment of this section 
or during the period beginning on October 1, 1998, and 
ending on December 31, 1998; 
I l l STAT. 2068 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(5) in the case of not more than 15 employees who (as 
determined by the Commission) are unwiUing to work for the 
Panama Canal Authority after the Canal Transfer Date and 
who occupy critical positions for which (as determined by the 
Commission) at least two years of experience is necessary to 
ensure that seasoned managers are in place on and after the 
Canal Transfer Date, such a payment (notwithstanding para-
graph (4))— 
"(A) may be in an amount determined by the Commis-
sion not to exceed 50 percent of the basic pay of the 
employee; and 
"(B) may be made (notwithstanding the limitation 
specified in subsection (c)(2)(D) of section 663) in the case 
of such an employee who voluntarily separates (whether 
by retirement or resignation) during the 90-day period 
beginning on the date of the enactment of this section; 
and 
"(6) the provisions of subsection (f) of section 663 shall 
not apply. 
"(b) A decision by the Commission to exercise or to not exercise 
the authority to pay a transition separation incentive under this 
section shall not be subject to review under any statutory procedure 
or any agency or negotiated grievance procedure except under any 
of the laws referred to in section 2302(d) of title 5, United States 
Code.". 
SEC. 3527. LABOR-MANAGEMENT RELATIONS. 
Section 1271 (22 U.S.C. 3701) is amended by adding at the 
end the following new subsection: 
"(c)(1) This subsection applies to any matter that becomes the 
subject of collective bargaining between the Commission and the 
exclusive representative for any bargaining unit of employees of 
the Commission during the period beginning on the date of the 
enactment of this subsection and ending on the Canal Transfer 
Date. 
"(2)(A) The resolution of impasses resulting from collective 
bargaining between the Commission and any such exclusive rep-
resentative during that period shall be conducted in accordance 
with such procedures as may be mutually agreed upon between 
the Commission and the exclusive representative (without regard 
to any otherwise applicable provisions of chapter 71 of title 5, 
United States Code). Such mutually agreed upon procedures shall 
become effective upon transmittal by the Chairman of the Super-
visory Board of the Commission to the Congress of notice of the 
agreement to use those procedures and a description of those proce-
dures. 
"(B) The Federal Services Impasses Panel shall not have juris-
diction to resolve any impasse between the Commission and any 
such exclusive representative in negotiations over a procedure for 
resolving impasses. 
"(3) If the Commission and such an exclusive representative 
do not reach an agreement concerning a procedure for resolving 
impasses with respect to a bargaining unit and transmit notice 
of the agreement under paragraph (2) on or before July 1, 1998, 
the following shall be the procedure by which collective bargaining 
impasses between the Commission and the exclusive representative 
for that bargaining unit shall be resolved: 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2069 
"(A) If bargaining efforts do not result in an agreement, 
either party may timely request the Federal Mediation and 
Conciliation Service to assist in achieving an agreement. 
"(B) If an agreement is not reached within 45 days after 
the date on which either party requests the assistance of the 
Federal Mediation and Conciliation Service in writing (or within 
such shorter period as may be mutually agreed upon by the 
parties), the parties shall be considered to be at an impasse 
and the Federal Mediation and Conciliation Service shall imme-
diately notify the Federal Services Impasses Panel of the Fed-
eral Labor Relations Authority, which shall decide the impasse. 
"(C) If the Federal Services Impasses Panel fails to issue 
a decision within 90 days after the date on which notice under 
subparagraph (B) is received by the Panel (or within such 
shorter period as may be mutually agreed upon by the parties), 
the efforts of the Panel shall be terminated. 
"(D) In such a case, the Chairman of the Panel (or another 
member in the absence of the Chairman) shall immediately 
determine the matter by a drawing (conducted in such manner 
as the Chairman (or, in the absence of the Chairman, such 
other member) determines appropriate) between the last offer 
of the Commission and the last offer of the exclusive representa-
tive, with the offer chosen through such drawing becoming 
the binding resolution of the matter. 
"(4) In the case of a notice of agreement described in paragraph 
(2)(A) that is transmitted to the Congress as described in the 
second sentence of that paragraph after July 1, 1998, the impasse 
resolution procedures covered by that notice shall apply to any 
impasse between the Commission and the other party to the agree-
ment that is unresolved on the date on which that notice is 
transmitted to the Congress", 
SEC. 
3528. 
AVAILABILITY 
OF 
PANAMA 
CANAL 
REVOLVING 
FUND 
FOR 
SEVERANCE 
PAY 
FOR 
CERTAIN 
EMPLOYEES 
SEPARATED 
BY 
PANAMA 
CANAL 
AUTHORITY 
AFTER 
CANAL 
TRANSFER 
DATE. 
(a) AVAILABILITY OF REVOLVING FUND.—Section 1302(a) (22 
U.S.C. 3712(a)) is amended by adding at the end the following 
new paragraph: 
"(10) Pa3nnent to the Panama Canal Authority, not later 
th£in the Canal Transfer Date, of such amount as is computed 
by the Commission to be the future amount of severance pay 
to be paid by the Panama Canal Authority to employees whose 
employment with the Authority is terminated, to the extent 
that such severance pay is attributable to periods of service 
performed with the Commission before the Canal Transfer Date 
(and assuming for purposes of such computation that the Pan-
ama Canal Authority, in paying severance pay to terminated 
employees, will provide for crediting of periods of service with 
the Commission).". 
(b) 
STYLISTIC 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) by striking out "for—" in the matter preceding para-
graph (1) and inserting in lieu thereof "for the following 
purposes:"; 
(2) by capitalizing the initial letter of the first word in 
each of paragraphs (1) through (9); 
I l l STAT. 2070 
PUBLIC LAW 105-85—NOV. 18, 1997 
(3) by striking out the semicolon at the end of each of 
paragraphs (1) through (7) and inserting in Heu thereof a 
period; and 
(4) by striking out "; and" at the end of psiragraph (8) 
and inserting in lieu thereof a period. 
PART II—TRANSITION MATTERS RELATING TO 
OPERATION AND ADMINISTRATION OF CANAL 
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD 
OF CONTRACT APPEALS. 
Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601 
et seq.) is amended by inserting after the title heading the following 
new chapter: 
"CHAPTER 1—PROCUREMENT 
"PROCUREMENT SYSTEM 
2
2 use 3861. 
"SEC 3101. (a) PANAMA CANAL ACQUISITION REGULATION.— 
(1) The Commission shall establish by regulation a comprehensive 
procurement system. The regulation shall be known as the 'Panama 
Canal Acquisition Regulation' (in this section referred to as the 
'Regulation') and shall provide for the procurement of goods and 
services by the Commission in a manner that— 
"(A) applies the fundamental operating principles and 
procedures in the Federal Acquisition Regulation; 
"(B) uses efficient commercial standards of practice; and 
"(C) is suitable for adoption and uninterrupted use by 
the Republic of Panama after the Canal Transfer Date, 
"(2) The Regulation shall contain provisions regarding the 
establishment of the Panama Canal Board of Contract Appeals 
described in section 3102. 
"(b) SUPPLEMENT TO REGULATION.—The Commission shall 
develop a Supplement to the Regulation (in this section referred 
to as the 'Supplement') that identifies both the provisions of Federal 
law applicable to procurement of goods and services by the Commis-
sion and the provisions of Federal law waived by the Commission 
under subsection (c), 
"(c) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the 
Commission shall determine which provisions of Federal law should 
not apply to procurement by the Commission and may waive those 
laws for purposes of the Regulation and Supplement. 
"(2) For purposes of paragraph (1), the Commission may not 
waive— 
"(A) section 27 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 423); 
"(B) the Contract Disputes Act of 1978 (41 U.S.C. 601 
et seq.), other than section 10(a) of such Act (41 U.S.C. 609(a)); 
or 
"(C) civil rights, environmental, or labor laws. 
"(d) 
CONSULTATION 
WITH 
ADMINISTRATOR 
FOR FEDERAL 
PROCUREMENT POLICY.—In establishing the Regulation and develop-
ing the Supplement, the Commission shall consult with the 
Administrator for Federal Procurement Policy. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2071 
"(e) EFFECTIVE DATE.—The Regulation and the Supplement 
Federal Register, 
shall take effect on the date of publication in the Federal Register, publication, 
or January 1, 1999, whichever is earlier. 
"PANAMA CANAL BOARD OF CONTRACT APPEALS 
"SEC. 3102. (a) ESTABLISHMENT.—(1) The Secretary of Defense, 
22 use 3862. 
in consultation with the Commission, shall establish a board of 
contract appeals, to be known as the Panama Canal Board of 
Contract Appeals, in accordance with section 8 of the Contract 
Disputes Act of 1978 (41 U.S.C. 607). Except as otherwise provided 
by this section, the Panama Canal Board of Contract Appeals (in 
this section referred to as the 'Board') shall be subject to the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.) in the same 
manner as any other agency board of contract appeals established 
under that Act. 
"(2) The Board shall consist of three members. At least one 
member of the Board shall be licensed to practice law in the 
Republic of Panama. Individuals appointed to the Board shall take 
an oath of office, the form of which shall be prescribed by the 
Secretary of Defense. 
"(b) EXCLUSIVE JURISDICTION TO DECIDE APPEALS.—Notwith-
standing section 10(a)(1) of the Contract Disputes Act of 1978 
(41 U.S.C. 609(a)(1)) or any other provision of law, the Board 
shall have exclusive jurisdiction to decide an appeal from a decision 
of a contracting officer under section 8(d) of such Act (41 U.S.C. 
607(d)). 
"(c) EXCLUSIVE JURISDICTION TO DECIDE PROTESTS.—The Board 
shall decide protests submitted to it under this subsection by 
interested parties in accordance with subchapter V of title 31, 
United States Code. Notwithstanding section 3556 of that title, 
section 1491(b) of title 28, United States Code, and any other 
provision of law, the Board shall have exclusive jurisdiction to 
decide such protests. For purposes of this subsection— 
"(1) except as provided in paragraph (2), each reference 
to the Comptroller General in sections 3551 through 3555 of 
title 31, United States Code, is deemed to be a reference to 
the Board; 
"(2) the reference to the Comptroller General in section 
3553(d)(3)(C)(ii) of such title is deemed to be a reference to 
both the Board and the Comptroller General; 
"(3) the report required by paragraph (1) of section 3554(e) 
of such title shall be submitted to the Comptroller General 
as well as the committees listed in such paragraph; 
"(4) the report required by paragraph (2) of such section 
shall be submitted to the Comptroller General as well as 
Congress; and 
"(5) section 3556 of such title shall not apply to the Board, 
but nothing in this subsection shall affect the right of an 
interested party to file a protest with the appropriate contract-
ing officer. 
"(d) PROCEDURES.—The Board shall prescribe such procedures 
as may be necessary for the ejqieditious decision of appeals and 
protests under subsections (b) and (c). 
"(e) COMMENCEMENT.—The Board shall begin to function as 
soon as it has been established and has prescribed procedures 
under subsection (d), but not later than January 1,1999. 
I l l STAT. 2072 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(f) TRANSITION.—The Board shall have jurisdiction under sub-
sections (b) and (c) over any appeals and protests filed on or after 
the date on which the Board begins to function. Any appeals and 
protests filed before such date shall remain before the forum in 
which they were filed. 
"(g) OTHER FUNCTIONS.—The Board may perform functions 
similar to those described in this section for such other matters 
or activities of the Commission as the Commission may determine 
and in accordance with regulations prescribed by the Commission.". 
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AUTHORITY. 
Section 1342 (22 U.S.C. 3752) is amended— 
(1) by designating the text of the section as subsection 
(a); and 
(2) by adding at the end the following new subsections: 
"(b) The Commission may provide office space, equipment, sup-
plies, personnel, and other in-kind services to the Panama Canal 
Authority on a nonreimbursable basis. 
"(c) Any executive department or agency of the United States 
may, on a reimbursable basis, provide to the Panama Canal Author-
ity materials, supplies, equipment, work, or services requested by 
the Panama Canal Authority, at such rates as may be agreed 
upon by that department or agency and the Panama Canal Author-
ity.". 
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR DAMAGES. 
(a) FILING OF ADMINISTRATIVE CLAIMS WITH COMMISSION.— 
Sections 1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C. 3772) 
are each amended in the last sentence by striking out "within 
2 years after" and all that follows through "of 1985," and inserting 
in lieu thereof "within one year after the date of the injury or 
the date of the enactment of the Panama Canal Transition Facilita-
tion Act of 1997,". 
(b) FILING OF JUDICIAL ACTIONS.—The penultimate sentence 
of section 1416 (22 U.S.C. 3776) is amended— 
(1) by striking out "one year" the first place it appears 
and inserting in lieu thereof "180 days"; and 
(2) by striking out "claim, or" and all that follows through 
"of 1985," and inserting in lieu thereof "claim or the date 
of the enactment of the Panama Canal Transition Facilitation 
Act of 1997,". 
SEC. 3544. TOLLS FOR SMALL VESSELS. 
Section 1602(a) (22 U.S.C. 3792(a)) is amended— 
(1) in the first sentence, by striking out "supply ships, 
£ind yachts" £ind inserting in lieu thereof "and supply ships"; 
and 
(2) by adding at the end the following new sentence: "Tolls 
for small vessels (including yachts), as defined by the Commis-
sion, may be set at rates determined by the Commission without 
regard to the preceding provisions of this subsection.". 
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY. 
Section 5(a) of the Panama Canal Commission Compensation 
Fund Act of 1988 (22 U.S.C. 3715c(a)) is amended by striking 
out "Upon the termination of the Panama Canal Commission" and 
inserting in lieu thereof "By March 31, 1998". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2073 
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC. 
Section 1102a (22 U.S.C. 3612a) is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section: 
"(g)(1) The Commission may appoint any United States citizen 
to have the general powers of a notary public to perform, on behalf 
of Commission employees and their dependents outside the United 
States, any notarial act that a notary public is required or author-
ized to perform within the United States. Unless an earlier expira-
tion is provided by the terms of the appointment, any such appoint-
ment shall expire three months after the Canal Transfer Date. 
"(2) Every notarial act performed by a person acting as a 
notary under paragraph (1) shall be as valid, and of like force 
and effect within the United States, as if executed by or before 
a duly authorized and competent notary public in the United States. 
"(3) The signature of any person acting as a notary under 
paragraph (1), when it appears with the title of that person's 
office, is prima facie evidence that the signature is genuine, that 
the person holds the designated title, and that the person is author-
ized to perform a notarial act.". 
SEC. 3547. COMMERCIAL SERVICES. 
Section 1102b (22 U.S.C. 3612b) is amended by adding at 
the end the following new subsection: 
"(e) The Commission may conduct and promote commercial 
activities related to the management, operation, or maintenance 
of the Panama Canal. Any such commercial activity shall be carried 
out consistent with the Panama Canal Treaty of 1977 and related 
agreements.". 
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION OF CERTAIN 
REGULATORY FUNCTIONS RELATING TO EMPLOYMENT 
CLASSIFICATION APPEALS. 
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a), 3662(a)) are 
amended by striking out "President" and inserting in lieu thereof 
"Commission". 
SEC. 3549. ENHANCED PRINTING AUTHORITY. 
Section 1306(a) (22 U.S.C. 3714b(a)) is amended by striking 
out "Section 501" and inserting in lieu thereof "Sections 501 through 
517 and 1101 through 1123". 
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) CLERICAL AMENDMENTS,—The table of contents in section 
1 is amended— 
(1) by striking out the item relating to section 1210 and 
inserting in lieu thereof the following: 
"Sec. 1210. Air transportation."; 
(2) by striking out the items relating to sections 1215, 
1219, and 1225; 
(3) by inserting after the item relating to section 1232 
the following new item: 
"Sec. 1233. Transition separation incentive payments."; 
and 
I l l STAT. 2074 
PUBLIC LAW 105-85—NOV. 18, 1997 
(4) by inserting after the item relating to the heading 
of title III the following: 
"CHAPTER 1—PROCUREMENT 
"Sec. 3101. Procurement system. 
"Sec. 3102. Panama Canal Board of Contract Appeals.". 
(b) AMENDMENT TO REFLECT PRIOR CHANGE IN COMPENSATION 
OF ADMINISTRATOR.—Section 5315 of title 5, United States Code, 
is amended by striking out the following: 
"Administrator of the Panama Canal Commission.". 
(c) 
AMENDMENTS TO 
REFLECT 
CHANGE 
IN 
TRAVEL 
AND 
TRANSPORTATION EXPENSES AUTHORITY.—(1) Section 5724(a)(3) of 
title 5, United States Code, is amended by striking out ", the 
Commonwealth of Puerto Rico," and all that follows through "Pan-
ama Canal Act of 1979" and inserting in lieu thereof "or the 
Commonwealth of Puerto Rico". 
(2) Section 5724a(j) of such title is amended— 
(A) by inserting "and" after "Northern Mariana Islands,"; 
and 
(B) by striking out "United States, and" and all that follows 
through the period at the end and inserting in lieu thereof 
"United States.". 
5 use 5724 note. 
(3) The amendments made by this subsection shall take effect 
on January 1,1999. 
(d) MISCELLANEOUS TECHNICAL AMENDMENTS.— 
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended by striking 
out "the Canal Zone Code" and all that follows through "other 
laws" the second place it appears and inserting in lieu thereof 
"laws of the United States £ind regulations issued pursuant 
to such laws". 
(2)(A) The following provisions are each amended by strik-
ing out "the effective date of this Act" and inserting in lieu 
thereof "October 1, 1979": sections 3(b), 3(c), 1112(b), and 
22 u s e 3602, 
1321(c)(1). 
3622,3731. 
(B) Section 1321(c)(2) is amended by striking out "such 
effective date" £ind inserting in lieu thereof "October 1, 1979". 
(C) Section 1231(c)(3)(A) (22 U.S.C. 3671(c)(3)(A)) is 
amended by striking out "the day before the effective date 
of this Act" and inserting in lieu thereof "September 30, 1979". 
(3) Section 1102a(h), as redesignated by section 3546(1), 
is amended by striking out "section 1102B" 2ind inserting in 
Heu thereof "section 1102b". 
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is amended 
by striking out "section 16 of the Act of August 1, 1956 (22 
U.S.C. 2680a)," and inserting in Ueu thereof "section 207 of 
the Foreign Service Act of 1980 (22 U.S.C. 3927)". 
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended 
by striking out "as last in effect before the effective date of 
section 3530 of the Panama Canal Act Amendments of 1996" 
and inserting in lieu thereof "as in effect on September 22, 
1996". 
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is amended 
by striking out "retroactivity and inserting in lieu thereof 
"retroactively". 
(7) Section 1341(f) (22 U.S.C. 3751(f)) is amended by strik-
ing out "sections 1302(c)" and inserting in lieu thereof "sections 
1302(b)". 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2075 
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. 
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. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
1998. 
Funds are hereby authorized to be appropriated for fiscal year 
1998, to be available without fiscal year limitation if so provided 
in appropriation Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $70,000,000. 
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1271 et seq.), $39,000,000 of which— 
(A) $35,000,000 is for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5))) of loan guarantees under the program; and 
(B) $4,000,000 is for administrative expenses related 
to loan guarantee commitments under the program. 
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT REQUIREMENT 
CONCERNING RELATIVE COST OF SHIPBUILDING IN THE 
VARIOUS COASTAL DISTRICTS OF THE UNITED STATES. 
(a) REPEAL.—Section 213 of the Merchant Marine Act, 1936 
(46 U.S.C. App. 1123), is amended by striking out paragraph (c). 
(b) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) by striking out "on—" in the matter preceding para-
graph (a) and inserting in lieu thereof "on the following:"; 
(2) by redesignating paragraphs (a) and (b) as paragraphs 
(1) and (2), respectively; 
(3) by striking out the semicolon at the end of each of 
those paragraphs £ind inserting in lieu thereof a period; and 
(4) by realigning those paragraphs so as to be indented 
2 ems from the left margin. 
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY FLEET 
PROGRAM. 
(a) AUTHORITY OF CONTRACTORS TO OPERATE SELF-PROPELLED 
TANK VESSELS IN NONCONTIGUOUS DOMESTIC TRADES.—Section 
656(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187e(b)) 
is amended by inserting "(1)" after "(b)", and by adding at the 
end the following new paragraph: 
"(2) Subsection (a) shall not apply to operation by a contractor 
of a self-propelled tank vessel in a noncontiguous domestic trade, 
or to ownership by a contractor of an interest in a self-propelled 
tank vessel that operates in a noncontiguous domestic trade.". 
(b) RELIEF FROM DELAY IN CERTAIN OPERATIONS FOLLOWING 
DOCUMENTATION.—Section 652(c) of the Merchant Marine Act, 1936 
I l l STAT. 2076 
PUBLIC LAW 105-85—NOV. 18, 1997 
46 use app. 
1187a. 
(46 U.S.C. 1187a(c)) is amended by adding at the end the following: 
"The restrictions of section 901(b)(1) of this Act concerning the 
building, rebuilding, or documentation of a vessel in a foreign 
country shall not apply to a vessel for any day the operator of 
that vessel is receiving payments under an operating agreement 
under this subtitle.". 
SEC. 3604. AUTHOMTY TO UTILIZE REPLACEMENT VESSELS AND 
CAPACITY. 
Section 653(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1187b(d)(l)) is amended to read as follows: 
"(1) a contractor or other person that commits to make 
available a vessel or vessel capacity under the Emergency 
Preparedness Program or another primary sealift readiness 
program approved by the Secretary of Defense may, during 
the activation of that vessel or capacity under that program, 
operate or employ in foreign commerce a foreign-flag vessel 
or foreign-flag vessel capacity as a temporary replacement for 
the activated vessel or capacity; and". 
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE 
FLEET VESSEL. 
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation 
may convey all right, title, and interest of the Federal Government 
in and to the vessel GOLDEN BEAR (United States official number 
239932) to the Artship Foundation, located in Oakland, California 
(in this section referred to as the "recipient"), for use as a multicul-
tural center for the arts. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrying out subsection (a), 
the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the Federal Government. 
(2) REQUIRED CONDITIONS.—The Secretary may not convey 
a vessel under this section unless— 
(A) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous 
material, including asbestos and polychlorinated biphenyls, 
after conveyance of the vessel, except for claims arising 
before the date of the conveyance or from use of the vessel 
by the Government after that date; and 
(B) the recipient has available, for use to restore the 
vessel, in the form of cash, liquid assets, or a written 
loan commitment, financial resources of at least $100,000. 
(3) ADDITIONAL TERMS.—The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) OTHER UNNEEDED EQUIPMENT.—^The Secretary may convey 
to the recipient of the vessel conveyed under this section any 
unneeded equipment from other vessels in the National Defense 
Reserve Fleet, for use to restore the vessel conveyed under this 
section to museum quality. 
PUBLIC LAW 105-85—NOV. 18, 1997 
111 STAT. 2077 
SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PURPOSES OF 
TANK VESSEL DOUBLE HULL REQUIREMENTS. 
Section 3703a of title 46, United States Code, is amended 
by adding at the end the following: 
"(e)(1) For the purposes of this section and except as otherwise 
provided in paragraphs (2) and (3) of this subsection, the gross 
tonnage of a vessel shall be the gross tonnage that would have 
been recognized by the Secretary on July 1, 1997, as the tonnage 
measured under section 14502 of this title, or as an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this title. 
"(2)(A) The Secretary may waive the application of paragraph 
(1) to a tank vessel if— 
"(i) the owner of the tank vessel applies to the Secretary 
for the waiver before January 1, 1998; 
"(ii) the Secretary determines that— 
"(I) the owner of the tank vessel has entered into 
a binding agreement to alter the tank vessel in a shipyard 
in the United States to reduce the gross tonnage of the 
temk vessel by converting a portion of the cargo tanks 
of the tank vessel into protectively located segregated bal-
last tanks; and 
"(II) that conversion will result in a significant reduc-
tion in the risk of a discharge of oil; 
"(iii) at least 60 days before the date of the issuance of 
the waiver, the Secretary— 
"(I) publishes notice that the Secretary has received 
the application and made the determinations required by 
clause (ii), including a description of the agreement entered 
into pursuant to clause (ii)(I); and 
"(II) provides an opportunity for submission of com-
ments regarding the application; and 
"(iv) the alterations referred to in clause (ii)(I) are com-
pleted before the later of— 
"(I) the date by which the first special survey of the 
tank vessel is required to be completed after the date 
of the enactment of the National Defense Authorization 
Act for Fiscal Year 1998; or 
"(II) July 1, 1999. 
"(B) A waiver under subparagraph (A) shall not be effective 
after the expiration of the 3-year period beginning on the first 
date on which the tank vessel would have been prohibited by 
subsection (c) from operating if the alterations referred to in 
subparagraph (A)(ii)(I) were not made. 
39-194 O - 97 - 33 : QL 3 Part 2 
I l l STAT. 2078 
PUBLIC LAW 105-85—NOV. 18, 1997 
"(3) This subsection does not apply to a tank vessel that, 
before July 1, 1997, had undergone, or was the subject of a contract 
for, alterations that reduce the gross tonnage of the tank vessel, 
as shown by reliable evidence acceptable to the Secretary.". 
Approved November 18, 1997. 
LEGISLATIVE HISTORY—H.R. 1119 (S. 924) (S. 936): 
HOUSE REPORTS: No. 105-132 (Comm. on National Security) and 105-340 
(Comm. of Conference). 
SENATE REPORTS: No. 105-29 accompanying S. 924 and S. 936 (Comm. on Armed 
Services). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
June 19, 20, 23-25, considered and passed House. 
July 11, considered and passed Senate, amended. 
Oct. 28, House agreed to conference report. 
Nov. 5, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Nov. 18, Presidential statement.