Congressional Documents
Calendar No. 88
105th CONGRESS
1st Session
S. 936
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
_______________________________________________________________________
June 18 (legislative day, June 17), 1997
Read twice and placed on the calendar
Calendar No. 88
105th CONGRESS
1st Session
S. 936
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18 (legislative day, June 17), 1997
Mr. Thurmond, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1998 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1998''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee Program.
Subtitle B--Army Programs
Sec. 111. Army helicopter modernization plan.
Sec. 112. Multiyear procurement authority for AH-64D Longbow Apache
fire control radar.
Subtitle C--Navy Programs
Sec. 121. New attack submarine program.
Sec. 122. Nuclear aircraft carrier program.
Sec. 123. Exception to cost limitation for Seawolf submarine program.
Sec. 124. Airborne self-protection jammer program.
Subtitle D--Air Force Programs
Sec. 131. B-2 bomber aircraft program.
Subtitle E--Other Matters
Sec. 141. Prohibition on use of funds for acquisition or alteration of
private drydocks.
Sec. 142. Replacement of engines on aircraft derived from Boeing 707
aircraft.
Sec. 143. Exception to requirement for a particular determination for
sales of manufactured articles or services
of Army industrial facilities outside the
United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Joint Strike Fighter program.
Sec. 212. F-22 aircraft program.
Sec. 213. High Altitude Endurance Unmanned Vehicle program.
Sec. 214. Advanced Anti-Radiation Guided Missile program.
Sec. 215. Federally funded research and development centers.
Sec. 216. Goal for dual-use science and technology projects.
Sec. 217. Transfers of authorizations for counterproliferation support
program.
Sec. 218. Kinetic Energy Tactical Anti-Satellite Technology program.
Sec. 219. Clementine 2 Micro-Satellite development program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 221. National Missile Defense program.
Sec. 222. Reversal of decision to transfer procurement funds from the
Ballistic Missile Defense Organization.
Subtitle D--Other Matters
Sec. 231. Manufacturing Technology program.
Sec. 232. Use of major range and test facility installations by
commercial entities.
Sec. 233. Eligibility for the Defense Experimental Program to Stimulate
Competitive Research.
Sec. 234. Restructuring of National Oceanographic Partnership Program
organizations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working-capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Fisher House Trust Funds.
Subtitle B--Depot-Level Activities
Sec. 311. Percentage limitation on performance of depot-level
maintenance of materiel.
Sec. 312. Centers of Industrial and Technical Excellence.
Sec. 313. Clarification of prohibition on management of depot employees
by constraints on personnel levels.
Sec. 314. Annual report on depot-level maintenance and repair.
Sec. 315. Report on allocation of core logistics activities among
Department of Defense facilities and
private sector facilities.
Sec. 316. Review of use of temporary duty assignments for ship repair
and maintenance.
Sec. 317. Repeal of a conditional repeal of certain depot-level
maintenance and repair laws and a related
reporting requirement.
Sec. 318. Extension of authority for naval shipyards and aviation
depots to engage in defense-related
production and services.
Subtitle C--Environmental Provisions
Sec. 331. Clarification of authority relating to storage and disposal
of nondefense toxic and hazardous materials
on Department of Defense property.
Sec. 332. Annual report on payments and activities in response to fines
and penalties assessed under environmental
laws.
Sec. 333. Annual report on environmental activities of the Department
of Defense overseas.
Sec. 334. Membership terms for Strategic Environmental Research and
Development Program Scientific Advisory
Board.
Sec. 335. Additional information on agreements for agency services in
support of environmental technology
certification.
Sec. 336. Risk assessments under the Defense Environmental Restoration
Program.
Sec. 337. Recovery and sharing of costs of environmental restoration at
Department of Defense sites.
Sec. 338. Pilot program for the sale of air pollution emission
reduction incentives.
Sec. 339. Tagging system for identification of hydrocarbon fuels used
by the Department of Defense.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 351. Funding sources for construction and improvement of
commissary store facilities.
Sec. 352. Integration of military exchange services.
Subtitle E--Other Matters
Sec. 361. Advance billings for working-capital funds.
Sec. 362. Center for Excellence in Disaster Management and Humanitarian
Assistance.
Sec. 363. Administrative actions adversely affecting military training
or other readiness activities.
Sec. 364. Financial assistance to support additional duties assigned to
Army National Guard.
Sec. 365. Sale of excess, obsolete, or unserviceable ammunition and
ammunition components.
Sec. 366. Inventory management.
Sec. 367. Warranty claims recovery pilot program.
Sec. 368. Adjustment and diversification assistance to enhance
increased performance of military family
support services by private sector sources.
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
contingencies.
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.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
Sec. 501. Officers excluded from consideration by promotion board.
Sec. 502. Increase in the maximum number of officers allowed to be
frocked to the grade of O-6.
Sec. 503. Availability of Navy chaplains on retired list or of
retirement age to serve as Chief or Deputy
Chief of Chaplains of the Navy.
Sec. 504. Period of recall service of certain retirees.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Termination of Ready Reserve Mobilization Income Insurance
Program.
Sec. 512. Discharge or retirement of reserve officers in an inactive
status.
Sec. 513. Retention of military technicians in grade of Brigadier
General after mandatory separation date.
Sec. 514. Federal status of service by National Guard members as honor
guards at funerals of veterans.
Subtitle C--Education and Training Programs
Sec. 521. Service academies foreign exchange study program.
Sec. 522. Programs of higher education of the Community College of the
Air Force.
Sec. 523. Preservation of entitlement to educational assistance of
members of the Selected Reserve serving on
active duty in support of a contingency
operation.
Sec. 524. Repeal of certain staffing and safety requirements for the
Army Ranger Training Brigade.
Subtitle D--Decorations and Awards
Sec. 531. Clarification of eligibility of members of Ready Reserve for
award of service Medal for Heroism.
Sec. 532. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 533. One-year extension of period for receipt of recommendations
for decorations and awards for certain
military intelligence personnel.
Sec. 534. Eligibility of certain World War II military organizations
for award of unit decorations.
Subtitle E--Military Personnel Voting Rights
Sec. 541. Short title.
Sec. 542. Guarantee of residency.
Sec. 543. State responsibility to guarantee military voting rights.
Subtitle F--Other Matters
Sec. 551. Sense of Congress regarding study of matters relating to
gender equity in the Armed Forces.
Sec. 552. Commission on Gender Integration in the Military.
Sec. 553. Sexual harassment investigations and reports.
Sec. 554. Requirement for exemplary conduct by commanding officers and
other authorities.
Sec. 555. Participation of Department of Defense personnel in
management of non-federal entities.
Sec. 556. Technical correction to cross reference in ROPMA provision
relating to position vacancy promotion.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay
Sec. 601. Military pay raise for fiscal year 1998.
Subtitle B--Subsistence, Housing, and Other Allowances
Part I--Reform of Basic Allowance for Subsistence
Sec. 611. Revised entitlement and rates.
Sec. 612. Transitional basic allowance for subsistence.
Sec. 613. Effective date and termination of transitional authority.
Part II--Reform of Housing and Related Allowances
Sec. 616. Entitlement to basic allowance for housing.
Sec. 617. Rates of basic allowance for housing.
Sec. 618. Dislocation allowance.
Sec. 619. Family separation and station allowances.
Sec. 620. Other conforming amendments.
Sec. 621. Clerical amendment.
Sec. 622. Effective date.
Part III--Other Amendments Relating to Allowances
Sec. 626. Revision of authority to adjust compensation necessitated by
reform of subsistence and housing
allowances.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C--Bonuses and Special and Incentive Pays
Sec. 631. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 632. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Sec. 633. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 634. Increased amounts for aviation career incentive pay.
Sec. 635. Aviation continuation pay.
Sec. 636. Eligibility of dental officers for the multiyear retention
bonus provided for medical officers.
Sec. 637. Increased special pay for dental officers.
Sec. 638. Modification of Selected Reserve reenlistment bonus
authority.
Sec. 639. Modification of authority to pay bonuses for enlistments by
prior service personnel in critical skills
in the Selected Reserve.
Sec. 640. Increased special pay and bonuses for nuclear qualified
officers.
Sec. 641. Authority to pay bonuses in lieu of special pay for enlisted
members extending duty at designated
locations overseas.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 651. One-year opportunity to discontinue participation in Survivor
Benefit Plan.
Sec. 652. Time for changing survivor benefit coverage from former
spouse to spouse.
Sec. 653. Paid-up coverage under Survivor Benefit Plan.
Sec. 654. Annuities for certain military surviving spouses.
Subtitle E--Other Matters
Sec. 661. Eligibility of Reserves for benefits for illness, injury, or
death incurred or aggravated in line of
duty.
Sec. 662. Travel and transportation allowances for dependents before
approval of a member's court-martial
sentence.
Sec. 663. Eligibility of members of the uniformed services for
reimbursement of adoption expenses.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Waiver of deductibles, copayments, and annual fees for
members assigned to certain duty locations
far from sources of care.
Sec. 702. Payment for emergency health care overseas for military and
civilian personnel of the On-Site
Inspection Agency.
Sec. 703. Disclosures of cautionary information on prescription
medications.
Sec. 704. Health care services for certain Reserves who served in
Southwest Asia during the Persian Gulf War.
Sec. 705. Collection of dental insurance premiums.
Sec. 706. Dental insurance plan coverage for retirees of uniformed
service in the Public Health Service and
NOAA.
Sec. 707. Prosthetic devices for dependents.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Streamlined approval requirements for contracts under
international agreements.
Sec. 802. Restriction on undefinitized contract actions.
Sec. 803. Expansion of authority to cross fiscal years to all severable
service contracts not exceeding a year.
Sec. 804. Limitation on allowability of compensation for certain
contractor personnel.
Sec. 805. Increased price limitation on purchases of right-hand drive
vehicles.
Sec. 806. Conversion of defense capability preservation authority to
Navy shipbuilding capability preservation
authority.
Sec. 807. Elimination of certification requirement for grants.
Sec. 808. Repeal of limitation on adjustment of shipbuilding contracts.
Subtitle B--Contract Provisions
Sec. 811. Contractor guarantees of major systems.
Sec. 812. Vesting of title in the United States under contracts paid
under progress payment arrangements or
similar arrangements.
Subtitle C--Acquisition Assistance Programs
Sec. 821. Procurement technical assistance programs.
Sec. 822. One-year extension of Pilot Mentor-Protege Program.
Sec. 823. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 824. Price preference for small and disadvantaged businesses.
Subtitle D--Administrative Provisions
Sec. 831. Retention of expired funds during the pendency of contract
litigation.
Sec. 832. Protection of certain information from disclosure.
Sec. 833. Content of limited selected acquisition reports.
Sec. 834. Unit cost reports.
Sec. 835. Central Department of Defense point of contact for
contracting information.
Subtitle E--Other Matters
Sec. 841. Defense business combinations.
Sec. 842. Lease of nonexcess property of Defense Agencies.
Sec. 843. Promotion rate for officers in an Acquisition Corps.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Principal duty of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
Sec. 902. Professional military education schools.
Sec. 903. Use of CINC Initiative Fund for force protection.
Sec. 904. Transfer of TIARA programs.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year
1997 defense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1997.
Sec. 1004. Increased transfer authority for fiscal year 1996
authorizations.
Sec. 1005. Biennial financial management strategic plan.
Sec. 1006. Revision of authority for Fisher House Trust Funds.
Sec. 1007. Availability of certain fiscal year 1991 funds for payment
of contract claim.
Sec. 1008. Estimates and requests for procurement and military
construction for the reserve components.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Long-term charter of vessel for surveillance towed array
sensor program.
Sec. 1012. Procedures for sale of vessels stricken from the Naval
Vessel Register.
Sec. 1013. Transfers of naval vessels to certain foreign countries.
Subtitle C--Counter-Drug Activities
Sec. 1021. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1022. Authority to provide additional support for counter-drug
activities of Peru and Colombia.
Subtitle D--Reports and Studies
Sec. 1031. Repeal of reporting requirements.
Sec. 1032. Common measurement of operations and personnel tempo.
Sec. 1033. Report on overseas deployment.
Sec. 1034. Report on military readiness requirements of the Armed
Forces.
Sec. 1035. Assessment of cyclical readiness posture of the Armed
Forces.
Sec. 1036. Overseas infrastructure requirements.
Sec. 1037. Report on aircraft inventory.
Sec. 1038. Disposal of excess materials.
Sec. 1039. Review of former spouse protections.
Sec. 1040. Completion of GAO reports for Congress.
Subtitle E--Other Matters
Sec. 1051. Psychotherapist-patient privilege in the Military Rules of
Evidence.
Sec. 1052. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1053. Protection of Armed Forces personnel during peace
operations.
Sec. 1054. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1055. Acceptance and use of landing fees for use of overseas
military airfields by civil aircraft.
Sec. 1056. One-year extension of international nonproliferation
initiative.
Sec. 1057. Arms control implementation and assistance for facilities
subject to inspection under the Chemical
Weapons Convention.
Sec. 1058. Sense of Senate regarding the relationship between
environmental laws and United States'
obligations under the Chemical Weapons
Convention.
Sec. 1059. Sense of Congress regarding funding for reserve component
modernization not requested in the annual
budget request.
Sec. 1060. Authority of Secretary of Defense to settle claims relating
to pay, allowances, and other benefits
Sec. 1061. Coordination of access of commanders and deployed units to
intelligence collected and analyzed by the
intelligence community.
Sec. 1062. Protection of imagery, imagery intelligence, and geospatial
information and data.
Sec. 1063. Protection of air safety information voluntarily provided by
a charter air carrier.
Sec. 1064. Sustainment and operation of Global Positioning System.
Sec. 1065. Law enforcement authority for special agents of the Defense
Criminal Investigative Service.
Sec. 1066. Repeal of requirement for continued operation of the Naval
Academy dairy farm.
Sec. 1067. POW/MIA intelligence analysis cell.
Sec. 1068. Protection of employees from retaliation for certain
disclosures of classified information.
Sec. 1069. Applicability of certain pay authorities to members of the
Commission on Servicemembers and Veterans
Transition Assistance.
Sec. 1070. Transfer of B-17 aircraft to museum.
Sec. 1071. Five-year extension of aviation insurance program.
Sec. 1072. Treatment of military flight operations.
Sec. 1073. Naturalization of foreign nationals who served honorably in
the Armed Forces of the United States.
Sec. 1074. Designation of Bob Hope as honorary veteran.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Use of prohibited constraints to manage Department of
Defense personnel.
Sec. 1102. Employment of civilian faculty at the Marine Corps
University.
Sec. 1103. Extension and revision of voluntary separation incentive pay
authority.
Sec. 1104. Repeal of deadline for placement consideration of
involuntarily separated military reserve
technicians.
Sec. 1105. Rate of pay of Department of Defense overseas teacher upon
transfer to General Schedule position.
Sec. 1106. Naturalization of employees of the George C. Marshall
European Center for Security Studies.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Authority to use certain prior year funds to construct a
heliport at Fort Irwin, California.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization of military construction project at Pascagoula
Naval Station, Mississippi, for which funds
have been appropriated.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization of military construction project at McConnell
Air Force Base, Kansas, for which funds
have been appropriated.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Clarification of authority relating to fiscal year 1997
project at Naval Station, Pearl Harbor,
Hawaii.
Sec. 2407. Authority to use prior year funds to carry out certain
Defense Agency military construction
projects.
Sec. 2408. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2409. Availability of funds for fiscal year 1995 project relating
to relocatable over-the-horizon radar,
Naval Station Roosevelt Roads, Puerto Rico.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization of Army National Guard construction project,
aviation support facility, Hilo, Hawaii,
for which funds have been appropriated.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1995
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2704. Extension of authorization of fiscal year 1993 project.
Sec. 2705. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2706. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in ceiling for minor land acquisition projects.
Sec. 2802. Sale of utility systems of the military departments.
Sec. 2803. Administrative expenses for certain real property
transactions.
Sec. 2804. Use of financial incentives for energy savings and water
cost savings.
Subtitle B--Land Conveyances
Sec. 2811. Modification of authority for disposal of certain real
property, Fort Belvoir, Virginia.
Sec. 2812. Correction of land conveyance authority, Army Reserve
Center, Anderson, South Carolina.
Sec. 2813. Land conveyance, Hawthorne Army Ammunition Depot, Mineral
County, Nevada.
Sec. 2814. Long-term lease of property, Naples, Italy.
Sec. 2815. Land conveyance, Topsham Annex, Naval Air Station,
Brunswick, Maine.
Sec. 2816. Land conveyance, Naval Weapons Industrial Reserve Plant No.
464, Oyster Bay, New York.
Sec. 2817. Land conveyance, Charleston Family Housing Complex, Bangor,
Maine.
Sec. 2818. Land conveyance, Ellsworth Air Force Base, South Dakota.
Subtitle C--Other Matters
Sec. 2831. Disposition of proceeds of sale of Air Force Plant No. 78,
Brigham City, Utah.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Defense environmental management privatization projects.
Sec. 3132. International cooperative stockpile stewardship programs.
Sec. 3133. Modernization of enduring nuclear weapons complex.
Sec. 3134. Tritium production.
Sec. 3135. Processing, treatment, and disposition of spent nuclear fuel
rods and other legacy nuclear materials at
the Savannah River Site.
Sec. 3136. Limitations on use of funds for laboratory directed research
and development purposes.
Sec. 3137. Permanent authority for transfers of defense environmental
management funds.
Sec. 3138. Prohibition on recovery of certain additional costs for
environmental response actions associated
with the Formerly Utilized Site Remedial
Action Project program.
Subtitle D--Other Matters
Sec. 3151. Administration of certain Department of Energy activities.
Sec. 3152. Modification and extension of authority relating to
appointment of certain scientific,
engineering, and technical personnel.
Sec. 3153. Annual report on plan and program for stewardship,
management, and certification of warheads
in the nuclear weapons stockpile.
Sec. 3154. Submittal of biennial waste management reports.
Sec. 3155. Repeal of obsolete reporting requirements.
Sec. 3156. Commission on safeguarding and security of nuclear weapons
and materials at Department of Energy
facilities.
Sec. 3157. Modification of authority on commission on maintaining
United States nuclear weapons expertise.
Sec. 3158. Land transfer, Bandelier National Monument.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Return of surplus platinum from the Department of the
Treasury.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Leasing of certain oil shale reserves.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of
Naval Petroleum and Oil Shale Reserves.
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 personnel no longer subject to
Federal Travel Regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance
pay for certain employees separated by
Panama Canal Authority after Canal Transfer
Date.
Part II--Transition Matters Relating to Operation and Administration of
Canal
Sec. 3541. Establishment of procurement system and board of contract
appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory
functions relating to employment
classification appeals.
Sec. 3549. Enhanced printing authority.
Sec. 3550. Technical and conforming amendments.
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.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Army as follows:
(1) For aircraft, $1,394,459,000.
(2) For missiles, $1,223,851,000.
(3) For weapons and tracked combat vehicles,
$1,179,107,000.
(4) For ammunition, $1,043,202,000.
(5) For other procurement, $2,918,730,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1998 for procurement for the Navy as follows:
(1) For aircraft, $6,482,265,000.
(2) For weapons, including missiles and torpedoes,
$1,200,393,000.
(3) For shipbuilding and conversion, $8,593,358,000.
(4) For ammunition for the Navy and Marine Corps,
$369,797,000.
(5) For other procurement, $3,177,700,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1998 for procurement for the Marine Corps in the amount
of $554,806,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement for the Air Force as follows:
(1) For aircraft, $6,048,915,000.
(2) For missiles, $2,411,241,000.
(3) For ammunition, $420,784,000.
(4) For other procurement, $6,798,453,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1998
for Defense-wide procurement in the amount of $1,749,285,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $100,000,000.
(2) For the Air National Guard, $186,300,000.
(3) For the Army Reserve, $40,000,000.
(4) For the Naval Reserve, $40,000,000.
(5) For the Air Force Reserve, $246,700,000.
(6) For the Marine Corps Reserve, $40,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for 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 are hereby authorized to be appropriated for fiscal year
1998 the amount of $614,700,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the Department of Defense for 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 established 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 25 percent of the amounts authorized
to be appropriated pursuant to section 101(1), 105(1), or 105(3) for
modifications or upgrades of helicopters may be obligated before the
date that is 30 days after the Secretary of the Army submits to the
congressional defense committees a comprehensive plan for the
modernization of the Army's helicopter fleet.
(b) Content of Plan.--The plan required by subsection (a) shall, at
a minimum, contain 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,
availability of spare parts, flight hour costs, roles and
functions assigned to the fleet as a whole and to its
individual types of aircraft, and the mix of active component
aircraft and reserve component aircraft in the fleet.
(2) Estimates and analysis of requirements and funding
proposed for procurement of new aircraft.
(3) An analysis of the requirements for and funding
proposed 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) Funding in Future-Years Defense Program.--The Secretary of the
Army shall include in the plan required by subsection (a) a
certification that the plan is to be funded in the future-years defense
program submitted to Congress in 1998 pursuant to section 221(a) of
title 10, United States Code.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64D LONGBOW APACHE
FIRE CONTROL RADAR.
Beginning 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 the
procurement of the AH-64D Longbow Apache fire control radar.
Subtitle C--Navy Programs
SEC. 121. NEW ATTACK SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 1998,
$2,599,800,000 is available for the New Attack Submarine Program.
(b) Contract Authority.--(1) The Secretary of the Navy may enter
into a contract for the procurement of four submarines under the New
Attack Submarine program.
(2) Any contract entered into under paragraph (1)--
(A) shall, notwithstanding section 2304(k) of title 10,
United States Code, be awarded to one of the two eligible
shipbuilders as the prime contractor on the condition that the
prime contractor enter into one or more subcontracts (under
such prime contract) with the other of the two eligible
shipbuilders 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 Company.
(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 submitted to Congress by the
Secretary of the Navy on March 31, 1997.
(c) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total amount appropriated for the
New Attack Submarine program.
(d) Repeals of Superseded Provisions of Previous Defense
Authorization Laws.--(1) Section 131 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
206) is amended--
(A) in subsection (a)(1)(B)--
(i) in clause (i), by striking out ``, which shall
be built by Electric Boat Division''; and
(ii) in clause (ii), by striking out ``, which
shall be built by Newport News Shipbuilding''; and
(B) in subsection (b), by striking out paragraph (1).
(2) Section 121 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2441) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking out ``to be
built by Electric Boat Division''; and
(ii) in paragraph (1)(C), by striking out ``to be
built by Newport News Shipbuilding'';
(B) in subsection (d), by striking out paragraph (2);
(C) in subsection (e), by striking out paragraph (1); and
(D) in subsection (g), by striking out ``the committees
specified 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 Representatives''.
(e) Inapplicability of Superseded Aspects of Attack Submarine
Development Plan.--The Secretary of Defense and the Secretary of the
Navy are not required to carry out the portions of the program plan
submitted under subsection (c) of section 131 of the National Defense
Authorization Act for Fiscal Year 1996 that are included in the plan
pursuant to subparagraphs (A), (B), and (E) of paragraph (2) of such
subsection.
SEC. 122. NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 1998,
$345,000,000 is available for the procurement and construction of
nuclear and non-nuclear components for the CVN-77 nuclear aircraft
carrier program. The Secretary of the Navy is authorized to enter into
a contract or contracts with the shipbuilder for the procurement and
construction of such components.
(b) Amounts Authorized From RDT&E Account.--Of the amounts
authorized to be appropriated by section 201(2) for fiscal year 1998,
$35,000,000 is available for research, development, test, and
evaluation of technologies that have potential for use in the CVN-77
nuclear aircraft carrier program.
SEC. 123. EXCEPTION TO COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
In the application of the limitation in section 133(a) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 211), there shall not be taken into account
$745,700,000 of the amounts that were obligated or expended for
procurement of Seawolf class submarines before the date of the
enactment of this Act (that amount being the total of amounts of funds
appropriated for fiscal years 1990, 1991, and 1992 for the procurement
of Seawolf class submarines that have been obligated or expended for
procurement under the SSN-23, SSN-24, and SSN-25 Seawolf class
submarine programs, which have been canceled since the limitation took
effect).
SEC. 124. AIRBORNE SELF-PROTECTION JAMMER PROGRAM.
(a) Limitation on Resumption of Serial Production.--Serial
production of the airborne self-protection jammer may not be resumed
until the Director of Operational Test and Evaluation of the Department
of Defense has certified in writing to Congress that--
(1) the capabilities of the airborne self-protection jammer
exceed the capabilities of the integrated defensive electronics
countermeasure system that is under development for use in F/A-
18E/F aircraft;
(2) the units of the airborne self-protection jammer to be
produced are to be used in F/A-18E/F aircraft; and
(3) the deficiencies in the airborne self-protection jammer
noted by the Director before the date of the enactment of this
Act have been eliminated.
(b) Limitation on Obligation of Funds.--No funds authorized to be
appropriated by this or any other Act may be obligated for serial
production of the airborne self-protection jammer until the Secretary
of Defense has certified in writing to Congress that funding is
programmed for serial production of the airborne self-protection jammer
in the future-years defense program.
Subtitle D--Air Force Programs
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM.
(a) Prohibition.--None of the funds authorized to be appropriated
in this or any other Act may be used--
(1) to procure any additional B-2 bomber aircraft; or
(2) to maintain any part of the bomber industrial base
solely for the purpose of preserving the option to procure
additional B-2 bomber aircraft in the future.
(b) Exceptions.--The prohibition in subsection (a) does not apply
to--
(1) any B-2 bomber aircraft that is covered by a contract
for the production of that aircraft as of the date of the
enactment of this Act; or
(2) any part of the bomber industrial base that is
necessary for producing all B-2 bomber aircraft referred to in
paragraph (1), but only for so long as is necessary to complete
the production of such aircraft.
Subtitle E--Other Matters
SEC. 141. PROHIBITION ON USE OF FUNDS FOR ACQUISITION OR ALTERATION OF
PRIVATE DRYDOCKS.
None of the funds authorized to be appropriated by this or any
other Act may be used, directly or indirectly, to purchase, lease,
upgrade, or modify privately-owned drydocks.
SEC. 142. REPLACEMENT OF ENGINES ON AIRCRAFT DERIVED FROM BOEING 707
AIRCRAFT.
(a) Analysis Required.--The Under Secretary of Defense for
Acquisition and Technology shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives an analysis of the requirements of the
Department of Defense for replacing engines on the aircraft of the
department that are derived from the Boeing 707 aircraft and the costs
of meeting the requirements.
(b) Content.--The analysis shall include the following:
(1) The number of aircraft described in subsection (a) that
are in the inventory of the Department of Defense and the
number of such aircraft that are projected to be in the
inventory of the department in 5 years, in 10 years, and in 15
years.
(2) For each type of such aircraft, the estimated cost of
operating the aircraft for each fiscal year after fiscal year
1997 and before fiscal year 2015, taking into account
historical patterns of usage and projected support costs.
(3) For each type of such aircraft, the estimated costs and
the benefits of replacing the engines on the aircraft, analyzed
on the basis of the experience under the limited program for
replacing the engines on RC-135 aircraft that was undertaken
during fiscal years 1995, 1996, and 1997.
(4) The estimated total cost of replacing the engines
pursuant to a program that provides for replacement of the
engines on all of the aircraft of one type before undertaking
the replacement of the engines on the aircraft of another type,
with a higher priority being given in turn to each type of
aircraft in which the replacement of the engines is expected to
yield the anticipated benefits of replacement faster.
(5) Various plans for replacement of engines that the Under
Secretary considers best on the basis of costs and benefits.
(c) Submission Deadline.--The Under Secretary shall submit the
report under this section not later than March 1, 1998.
SEC. 143. EXCEPTION TO REQUIREMENT FOR A PARTICULAR DETERMINATION FOR
SALES OF MANUFACTURED ARTICLES OR SERVICES OF ARMY
INDUSTRIAL FACILITIES OUTSIDE THE UNITED STATES.
Section 4543 of title 10, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``, except in the
case of a sale described in subsection (b),'' after ``the
Secretary of the Army determines'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Exception to Requirement for a Particular Determination.--A
determination described in subsection (a)(5) is not necessary under the
regulations in the case of--
``(1) a sale of articles to be incorporated into a weapon
system being procured by the Department of Defense; or
``(2) a sale of services to be used in the manufacture of a
weapon system being procured by the Department of Defense.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,750,462,000.
(2) For the Navy, $7,812,972,000.
(3) For the Air Force, $14,302,264,000.
(4) For Defense-wide activities, $10,072,347,000, of
which--
(A) $268,183,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $31,384,000 is authorized for the Director of
Operational Test and Evaluation.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than February 15, 1998, the Secretary of
Defense shall submit to the congressional 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:
(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 proceeds
into production.
(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 Secretary of Defense in
connection with the submission of the budget for fiscal year 1998 to
Congress under section 1105 of title 31, United States Code.
SEC. 212. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Total Cost of Engineering and Manufacturing
Development.--The total amount obligated or expended for engineering
and manufacturing development under the F-22 aircraft program may not
exceed $18,688,000,000.
(b) 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 (c); and
(2) a certification that the Comptroller General has had
access to sufficient information to make informed judgments on
the matters covered by the report.
(c) Annual GAO Review.--(1) Not later than December 1 of each year,
the Comptroller General shall review the F-22 aircraft program and
submit to Congress a report on the results of the review. The
Comptroller General shall also submit to Congress for each report a
certification 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:
(A) The extent to which engineering and manufacturing
development under the program is meeting the goals established
for engineering and manufacturing development under the program.
(B) The status of costs, testing, and modifications.
(C) The plan for engineering and manufacturing development
(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) can be successfully carried out consistent
with the limitation in subsection (a).
(E) A conclusion regarding whether engineering and
manufacturing development (leading to production) under the
program is likely to be completed at a total cost not in excess
of the amount specified in subsection (a).
(3) The Comptroller General shall submit the first report under
this subsection not later than December 1, 1997. No report is required
under this subsection after engineering and manufacturing development
under the program has been completed.
(d) Requirement To Support Annual GAO Review.--The Secretary of the
Air Force and the prime contractor under the F-22 aircraft program
shall provide the Comptroller General with such information on the
program as the Comptroller considers necessary to carry out the
responsibilities under subsection (c).
SEC. 213. HIGH ALTITUDE ENDURANCE UNMANNED VEHICLE PROGRAM.
(a) Limitation on Total Cost of Advanced Concept Technology
Demonstration.--(1) The total amount obligated or expended for advanced
concept technology demonstration under the High Altitude Endurance
Unmanned Vehicle Program through fiscal year 2003 may not exceed
$476,826,000.
(2) The total amount obligated or expended in fiscal year 1999,
2000, 2001, or 2002 for advanced concept technology demonstration under
the High Altitude Endurance Unmanned Vehicle Program may not exceed the
amount specified for that fiscal year, as follows:
(A) In fiscal year 1999, not more than $167,864,000.
(B) In fiscal year 2000, not more than $31,374,000.
(C) In fiscal year 2001, not more than $19,106,000.
(D) In fiscal year 2002, not more than $20,866,000.
(b) Limitation on Acquisition.--No high altitude endurance unmanned
vehicle may be acquired after the date of the enactment of this Act
until 50 percent of the testing programmed in the test and evaluation
master plan (as of such date) for the high altitude endurance unmanned
vehicle has been completed.
(c) Limitation on Proceeding.--The High Altitude Endurance Unmanned
Vehicle Program may not proceed beyond advanced concept technology
demonstration until the Comptroller General has certified to Congress
that the high altitude endurance unmanned vehicles can be produced
under the program at an average unit cost that does not exceed
$10,000,000 (the so-called fly away price) in fiscal year 1994 constant
dollars.
(d) GAO Review.--(1) The Comptroller General shall review the High
Altitude Endurance Unmanned Vehicle Program for purposes of making the
certification under subsection (c).
(2) The Secretary of Defense and the prime contractors under the
High Altitude Endurance Unmanned Vehicle Program shall provide the
Comptroller General with such information on the program as the
Comptroller considers necessary to make the determinations required for
the certification under subsection (c).
SEC. 214. ADVANCED ANTI-RADIATION GUIDED MISSILE PROGRAM.
To the extent provided in appropriations Acts, the Secretary of the
Navy may use not more than $25,000,000 of the amount appropriated for
the Navy for fiscal year 1997 for research, development, test,
evaluation for the Advanced Anti-Radiation Guided Missile Program in
order to fund fiscal year 1998 research, development, test, and
evaluation programs of the Navy that have a higher priority than such
program.
SEC. 215. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Limitation on Staff Years Funded.--Not more than 6,006 staff
years of technical effort (staff years) may be funded for federally
funded research and development centers out of the funds authorized to
be appropriated for the Department of Defense for fiscal year 1998.
(b) Allocations Among Centers.--(1) Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that specifies
the number of staff years of technical effort that is to be allocated
(for funding as described in subsection (a)) to each defense federally
funded research and development center for fiscal year 1998.
(2) After the submission of the report on allocation of staff years
of technical effort under paragraph (1), the Secretary of Defense may
not reallocate more than 5 percent of the staff years of technical
effort allocated to a federally funded research and development center
for fiscal year 1998 from that center to other federally funded
research and development centers until 30 days after the date on which
the Secretary has submitted a justification for the reallocation to the
congressional defense committees.
(c) Fiscal Year 1999 Allocation.--(1) The Secretary of Defense
shall submit to the congressional defense committees a report that
specifies the number of staff years of technical effort that is to be
allocated to each federally funded research and development center for
fiscal year 1999 for funding out of the funds authorized to be
appropriated for the Department of Defense for that fiscal year.
(2) The report shall be submitted at the same time that the
President submits the budget for fiscal year 1999 to Congress under
section 1105 of title 31, United States Code.
(c) Staff Year Defined.--In this section, the term ``staff year of
technical effort'' means 1,810 hours of paid effort by direct and
consultant labor performing professional-level technical work primarily
in the fields of studies and analysis, system engineering and
integration, systems planning, program and policy planning and
analyses, and basic and applied research.
SEC. 216. GOAL FOR DUAL-USE SCIENCE AND TECHNOLOGY PROJECTS.
(a) Goals.--(1) Subject to paragraph (3), it shall be the objective
of the Secretary of each military department to obligate for dual-use
projects in each fiscal year referred to in paragraph (2), out of the
total amount authorized to be appropriated for such fiscal year for new
projects initiated under 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.
(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
considerations require the establishment of the different
objective; and
(2) notifies Congress of the determination and the reasons
for the determination.
(b) 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
programs under this subsection. The designated official shall report
directly to the Under Secretary of Defense for Acquisition and
Technology.
(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 programs are
initiated and administered effectively and that applicable commercial
technologies are integrated into current and future military systems.
(3) In carrying out the responsibilities, the designated official
shall ensure that--
(A) dual-use projects are consistent with the joint
warfighting science and technology plan referred to in section
270 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 10 U.S.C. 2501 note); and
(B) the dual-use projects of the military departments and
defense agencies of the Department of Defense are coordinated
and avoid unnecessary duplication.
(c) 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. The Secretary may
consider in-kind contributions by non-Federal participants for dual-use
projects for the purpose of calculating the share of project costs that
has been or is being undertaken by such participants only to the extent
provided in regulations issued pursuant to section 2511(c)(2) of title
10, United States Code.
(d) Use of Competitive Procedures.--Funds 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.
(e) Report.--(1) Not later than January 31 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 subsection (a) 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 Department of Defense for that fiscal
year.
(B) For each military department, the value of all
contracts, grants, cooperative agreements, or other
transactions entered into during the fiscal year for which
funding is counted toward meeting an objective under this
section, expressed in relationship to the total amount
appropriated for the applied research 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
undertaken to meet or exceed an objective under this section.
(E) Any recommended legislation to facilitate achievement
of objectives under this section.
(f) Repeal of Superseded Authority.--Section 203 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2451) is repealed.
(g) Definitions.--In this section:
(1) The term ``applied research program'' means a program
of a military department which is funded under the 6.2
Research, Development, Test and 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. 217. TRANSFERS OF AUTHORIZATIONS FOR COUNTERPROLIFERATION SUPPORT
PROGRAM.
(a) In General.--In addition to the transfer authority provided in
section 1001, upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1998 to counterproliferation
programs, projects, and activities identified as areas for progress by
the Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for Fiscal Year
1994 (22 U.S.C. 2751 note). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(b) Limitations.--(1) The total amount of authorizations
transferred under the authority of this section may not exceed
$50,000,000.
(2) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect of Transfers on Accounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Congressional Notification.--The Secretary of Defense shall
promptly notify Congress of transfers made under the authority of this
section.
SEC. 218. KINETIC ENERGY TACTICAL ANTI-SATELLITE TECHNOLOGY PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated under
section 201(4), $80,000,000 shall be available for the kinetic energy
tactical anti-satellite technology program.
(b) Limitation.--None of the funds authorized to be appropriated to
the Department of Defense for fiscal year 1998 for program element
65104D, relating to technical studies and analyses, may be obligated or
expended until the funds specified in subsection (a) have been released
to the program manager of the tactical kinetic energy anti-satellite
technology program for implementation of that program.
SEC. 219. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated under
section 201(3), $50,000,000 shall be available for the Clementine 2
micro-satellite near-earth asteroid interception mission.
(b) Limitation.--Of the funds authorized to be appropriated
pursuant to this Act in program element 64480F for the Global
Positioning System Block IIF satellite system, not more than
$35,000,000 may be obligated until the Secretary of Defense certifies
to Congress that the Secretary has made available for obligation the
funds appropriated pursuant to subsection (a) for the purpose specified
in that subsection.
Subtitle C--Ballistic Missile Defense Programs
SEC. 221. NATIONAL MISSILE DEFENSE PROGRAM.
(a) Program Structure.--To preserve the option of achieving an
initial operational capability in fiscal year 2003, the Secretary of
Defense shall ensure that the National Missile Defense Program is
structured and programmed for funding so as to support a test, in
fiscal year 1999, of an integrated national missile defense system that
is representative of the national missile defense system architecture
that could achieve initial operational capability in fiscal year 2003.
(b) Elements of NMD System.--The national missile defense system
architecture specified in subsection (a) shall consist of the following
elements:
(1) An interceptor system that optimizes defensive coverage
of the continental United States, Alaska, and Hawaii against
limited ballistic missile attack (whether accidental,
unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and communications
(BM/C3).
(c) Plan for NMD System Development and Deployment.--Not later than
February 15, 1998, the Secretary of Defense shall submit to the
congressional defense committees a plan for the development and
deployment of a national missile defense system that could achieve
initial operational capability in fiscal year 2003. The plan shall
include the following matters:
(1) A detailed description of the system architecture
selected for development.
(2) A discussion of the justification for the selection of
that particular architecture.
(3) The Secretary's estimate of the amounts of the
appropriations that would be necessary for research,
development, test, evaluation, and for procurement for each of
fiscal years 1999 through 2003 in order to achieve an initial
operational capability of the system architecture in fiscal
year 2003.
(4) For each activity necessary for the development and
deployment of the national missile defense system architecture
selected by the Secretary that would at some point conflict
with the terms of the ABM Treaty, if any--
(A) a description of the activity;
(B) a description of the point at which the
activity would conflict with the terms of the ABM
Treaty;
(C) the legal analysis justifying the Secretary's
determination regarding the point at which the activity
would conflict with the terms of the ABM Treaty; and
(D) an estimate of the time at which such point
would be reached in order to achieve a test of an
integrated missile defense system in fiscal year 1999
and initial operational capability of such a system in
fiscal year 2003.
(d) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated under section 201(4), $978,091,000 shall be available for
the national missile 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. 222. REVERSAL OF DECISION TO TRANSFER PROCUREMENT FUNDS FROM THE
BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) Transfers Required.--The Secretary of Defense shall--
(1) transfer to appropriations available to the Ballistic
Missile Defense Organization for procurement for fiscal year
1998 the amounts that were transferred 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; and
(2) ensure that, in the future-years defense program, the
procurement funding covered by that program budget decision is
programmed for appropriations accounts of the Ballistic Missile
Defense Organization rather than appropriations accounts of the
Armed Forces.
(b) Relationship to Other Transfer Authority.--The transfer
authority provided in subsection (a) is in addition to the transfer
authority provided in section 1001.
Subtitle D--Other Matters
SEC. 231. MANUFACTURING TECHNOLOGY PROGRAM.
Section 2525(c)(2) of title 10, United States Code, is amended to
read as follows:
``(2) In order to promote increased dissemination and use of
manufacturing technology throughout the national defense technology and
industrial base, the Secretary shall seek, to the maximum extent
practicable, the participation of manufacturers of manufacturing
equipment in the projects under the program.''.
SEC. 232. USE OF MAJOR RANGE AND TEST FACILITY 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 ``2001''.
(b) Additional Reporting Requirement.--Subsection (h) of such
section is amended--
(1) by striking out ``Report.--'' and inserting in lieu
thereof ``Reports.--(1)''; and
(2) by adding at the end the following:
``(2) Not later than February 15, 1998, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
identifying existing and proposed procedures to ensure that the use of
Major Range and Test Facility Installations by commercial entities does
not compete with private sector test and evaluation services.''.
(c) Repeal of Reporting Requirements When Executed.--Effective on
October 1, 1998, subsection (h) of such section is repealed.
SEC. 233. ELIGIBILITY FOR THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Section 257 of the National Defense Authorization Act for Fiscal
Year 1995 (10 U.S.C. 2358 note) is amended by adding at the end the
following:
``(f) State Defined.--In this section, the term `State' means a
State of the United States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands of the United States, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
SEC. 234. RESTRUCTURING OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
ORGANIZATIONS.
(a) National Ocean Research Leadership 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
paragraphs (11) and (12), respectively;
(2) by striking out subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Ocean Research Advisory Panel.--(1) Section 7903(a) of such
title is amended by striking out ``government, academia, and industry''
and inserting in lieu thereof ``State governments, academia, and ocean
industries''.
(2) Section 282(c) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2473) is amended by
striking out ``January 1, 1997'' and inserting in lieu thereof
``January 1, 1998''.
(c) Conforming Amendments.--Section 282 of the National Defense
Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(d) Effective Date.--The amendments made by subsection (a) and (b)
shall be effective as of September 23, 1996, as if included in section
282 of Public Law 104-201.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $17,194,284,000.
(2) For the Navy, $21,681,330,000.
(3) For the Marine Corps, $2,379,445,000.
(4) For the Air Force, $18,861,685,000.
(5) For Defense-wide activities, $10,280,838,000.
(6) For the Army Reserve, $1,212,891,000.
(7) For the Naval Reserve, $834,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,624,420,000.
(10) For the Army National Guard, $2,288,932,000.
(11) For the Air National Guard, $2,991,219,000.
(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, $350,337,000.
(15) For Environmental Restoration, Navy, $257,500,000.
(16) For Environmental Restoration, Air Force,
$351,900,000.
(17) For Environmental Restoration, Defense-Wide,
$25,900,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $188,300,000.
(19) For Overseas Contingency Operations, $1,467,500,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $660,882,000.
(21) For Medical Programs, Defense, $9,954,782,000.
(22) For Former Soviet Union Threat Reduction programs,
$322,000,000.
(23) For Overseas Humanitarian Demining and CINC Initiative
activities, $40,130,000.
(24) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
SEC. 302. WORKING-CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working-capital and
revolving funds in amounts as follows:
(1) For the Defense Working-Capital Fund, $33,400,000.
(2) For the National Defense Sealift Fund, $516,126,000.
(3) For the Military Commissary Fund, $938,552,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1998
from the Armed Forces Retirement Home Trust Fund the sum of $79,977,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts 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 transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1998, out of funds in Fisher House Trust Funds not otherwise
appropriated, for the operation and maintenance of Fisher houses
described in section 2221(d) of title 10, United States Code, as
follows:
(1) The Fisher House Trust Fund, Department of the Army,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Army.
(2) The Fisher House Trust Fund, Department of the Navy,
$150,000 for Fisher houses that are located in proximity to
medical treatment facilities of the Navy.
Subtitle B--Depot-Level Activities
SEC. 311. PERCENTAGE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL.
(a) Performance in Non-Government Facilities.--Subsection (a) of
section 2466 of title 10, United States Code, is amended to read as
follows:
``(a) Percentage Limitation.--(1) Except as provided in paragraph
(2), not more than 50 percent of the funds made available in a fiscal
year to a military department or a Defense Agency for depot-level
maintenance and repair workload may be used to contract for the
performance of such workload in facilities other than Government-owned,
Government-operated facilities.
``(2) In the administration of paragraph (1) for fiscal years
ending before October 1, 1998, the percentage specified in that
paragraph shall be deemed to be 40 percent.''.
(b) Treatment of Performance by Public-Private Partnership.--Such
section is further amended by inserting after subsection (a), as
amended by subsection (a), the following:
``(b) Treatment of Performance by Public-Private Partnership.--For
the purposes of subsection (a), any performance of a depot-level
maintenance and repair workload by a public-private partnership formed
under section 2474(b) of this title shall be treated as performance of
the workload in a Government-owned, Government-operated facility.''.
SEC. 312. 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:
``Sec. 2474. Centers of Industrial and Technical Excellence:
designation; 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 recommended for closure or major
realignment under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)) as a
Center of Industrial and Technical Excellence in the recognized core
competencies of the activity.
``(2) The Secretary shall establish a policy to encourage the
Secretary of each military department and the head of each Defense
Agency to reengineer industrial processes and adopt best-business
practices at their depot-level activities in connection with their core
competency requirements, so as to serve as recognized leaders in their
core competencies throughout the Department of Defense and in the
national technology and industrial base (as defined in section 2491(1)
of this title).
``(b) Public-Private Partnerships.--The Secretary of Defense shall
enable Centers of Industrial and Technical Excellence to form public-
private partnerships for the performance of depot-level maintenance and
repair at such centers and shall encourage the use of such partnerships
to maximize the utilization of the capacity at such Centers.
``(c) Additional Work.--The policy required under subsection (a)
shall include measures to enable a private sector entity that enters
into a partnership arrangement under subsection (b) or leases excess
equipment and 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) Reporting Requirement.--Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report describing the
policies established by the Secretary pursuant to section 2474 of title
10, United States Code (as added by subsection (a)), to carry out that
section.
SEC. 313. CLARIFICATION OF PROHIBITION ON 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 performance of,
depot-level maintenance and repair workloads may not be managed on the
basis of any constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum number of
employees.''.
SEC. 314. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
Subsection (e) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(e) Report.--(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for
each military department and Defense Agency--
``(A) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year for
performance of depot-level maintenance and repair workloads in
Government-owned, Government-operated facilities; and
``(B) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year to contract
for the performance of depot-level maintenance and repair
workloads in facilities that are not owned and operated by the
Federal Government.
``(2) Not later than 90 days after the date on which the Secretary
submits the annual report under paragraph (1), the Comptroller General
shall submit to the Committees on Armed Services and on Appropriations
of the Senate and the Committees on National Security and on
Appropriations of the House of Representatives the Comptroller's views
on whether the Department of Defense has complied with the requirements
of subsection (a) for the fiscal year covered by the report.''.
SEC. 315. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES AMONG
DEPARTMENT OF DEFENSE FACILITIES AND PRIVATE SECTOR
FACILITIES.
(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 identified by the
Secretary, in consultation with the Joint Chiefs of Staff, as being
necessary to enable the Armed Forces to conduct a strategic or major
theater war.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-owned,
Government-operated facilities, using personnel and equipment
of the Department, as a result of the Secretary's determination
that--
(A) the work involves unique or valuable workforce
skills that should be maintained in the public sector
in the national interest;
(B) the base of private sector sources having the
capability to perform the workloads includes industry
sectors that are vulnerable to work stoppages;
(C) the private sector sources having the
capability to perform the workloads have insufficient
workforce levels or skills to perform the depot-level
maintenance and repair workloads--
(i) in the quantity necessary, or as
rapidly as the Secretary considers 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
infrequent, 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 reassignment 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
equipment 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, technology, or equipment 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; or
(C) the need for performance of workloads is too
infrequent, cyclical, or variable to sustain a reliable
base of private sector sources having the facilities,
technology, or equipment to perform the workloads.
(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, and at
private sector facilities, as a result of the determinations
made for purposes of paragraphs (1), (2), and (3).
SEC. 316. 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 shipyard,
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) GAO Review and Report.--(1) The Comptroller General of the
United States shall review the Navy's practice of using temporary duty
assignments of personnel to perform ship maintenance and repair work at
homeports not having Navy shipyards. The review shall include the
following:
(A) An assessment of the rationale, conditions, and factors
supporting the Navy's practice.
(B) A determination of whether the practice is cost-
effective.
(C) The factors affecting future requirements for, and the
adherence to, the practice, together with an assessment of the
factors.
(2) Not later than May 1, 1998, the Comptroller 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. 317. 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 note) is
amended by striking out subsections (f) and (g).
SEC. 318. EXTENSION OF AUTHORITY FOR NAVAL SHIPYARDS AND AVIATION
DEPOTS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND
SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by
striking out ``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
Subtitle C--Environmental Provisions
SEC. 331. CLARIFICATION OF AUTHORITY RELATING TO STORAGE AND DISPOSAL
OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS ON DEPARTMENT
OF DEFENSE PROPERTY.
(a) Materials of Members and Dependents.--Subsection (a)(1) of
section 2692 of title 10, United States Code, is amended by inserting
``or by a member of the armed forces (or a dependent of a member)
living on the installation'' before the period at the end.
(b) Storage of Materials Connected with Compatible Use.--Subsection
(b)(8) of such section is amended--
(1) by striking out ``by a private person'';
(2) by striking out ``by that private person of an
industrial-type'' and inserting in lieu thereof ``of a''; and
(3) by striking out ``; and'' and inserting in lieu thereof
``, including a space launch facility located on a Department
of Defense installation or other land controlled by the United
States and a Department of Defense facility for testing
materiel or training personnel;''.
(c) Treatment and Disposal of Materials Connected with Compatible
Use.--Subsection (b)(9) of such section is amended--
(1) by striking out ``by a private person'';
(2) by striking out ``commercial use by that person of an
industrial-type'' and inserting in lieu thereof ``use of a'';
(3) by striking out ``with that person'' and inserting in
lieu thereof ``with the prospective user''; and
(4) in subparagraph (B), by striking out ``for that
person's'' and inserting in lieu thereof ``for the prospective
user's''.
(d) Additional Authority.--Subsection (b) of such section is
further amended--
(1) by striking out the period at the end of paragraph (9)
and inserting in lieu thereof ``; and''; and
(2) by adding at the end the following:
``(10) the storage of materials that will be used in
connection with an activity of the Department of Defense or in
connection with a service performed for the benefit of the
Department of Defense or the disposal of materials that have
been used in such connection.''.
SEC. 332. 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 preceding the fiscal year in which the
report is submitted, which statement sets forth--
``(i) each Federal environmental statute
under which a fine or penalty was imposed or
assessed during the fiscal year;
``(ii) 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
to meet commitments to environmental
enforcement authorities under
agreements entered into by the
Department of Defense during the fiscal
year for supplemental environmental
projects agreed to in lieu of the
payment of fines or penalties; and
``(IV) the number of fines and
penalties imposed or assessed during
the fiscal year that were--
``(aa) $10,000 or less;
``(bb) more than $10,000,
but not more than $50,000;
``(cc) more than $50,000,
but not more than $100,000; and
``(dd) more than $100,000;
and
``(iii) with respect to each fine or
penalty set forth under clause (ii)(IV)(dd)--
``(I) the installation or facility
to which the fine or penalty applies;
and
``(II) the agency that imposed or
assessed the fine or penalty.''.
(b) Report in Fiscal Year 1998.--The statement submitted by the
Secretary of Defense under subparagraph (H) of section 2706(b)(2) of
title 10, United States Code, as added by subsection (a), in 1998
shall, to the maximum extent practicable, include the information
required by that subparagraph for each of fiscal years 1994 through
1997.
SEC. 333. ANNUAL REPORT ON ENVIRONMENTAL 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
subsection (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 environmental activities of
the Department of Defense overseas.
``(2) Each such report shall include the following:
``(A) A statement of the funding levels and full-time
personnel required for the Department of Defense to comply
during such fiscal year with each requirement under a treaty,
law, contract, or other agreement for environmental restoration
or compliance activities.
``(B) A statement of the funds to be expended by the
Department of Defense during such fiscal year in carrying out
other activities relating to the environment overseas,
including conferences, meetings, and studies for pilot programs
and travel related to such activities.''.
SEC. 334. MEMBERSHIP TERMS FOR STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM SCIENTIFIC ADVISORY BOARD.
(a) Terms.--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 or more than four''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to appointments to the Strategic Environmental Research and
Development Program Scientific Advisory Board made before, on, or after
the date of enactment of this Act.
SEC. 335. ADDITIONAL INFORMATION ON AGREEMENTS FOR AGENCY SERVICES IN
SUPPORT OF ENVIRONMENTAL TECHNOLOGY CERTIFICATION.
(a) Additional Information.--Subsection (d) of section 327 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2483; 10 U.S.C. 2702 note) is amended 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 under
agreements entered into during the fiscal year preceding the
fiscal year in which the report is submitted.
``(6) A description of any cost-sharing arrangement under
any cooperative agreement entered into under this section.''.
(b) Guidelines for Reimbursement and Cost-Sharing.--Not later than
90 days after the date of enactment of this Act, the Secretary of
Defense shall submit to Congress a report setting forth the guidelines
established by the Secretary for reimbursement of State and local
governments, and for cost-sharing between the Department of Defense,
such governments, and vendors, under agreements entered into under such
section 327.
SEC. 336. RISK ASSESSMENTS UNDER THE DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.
(a) In General.--In carrying out risk assessments as part of the
evaluation of facilities of the Department of Defense for purposes of
allocating funds and establishing priorities for environmental
restoration projects at such facilities under the Defense Environmental
Restoration Program, the Secretary of Defense shall--
(1) utilize a risk assessment method that meets the
requirements in subsection (b); and
(2) ensure the uniform and consistent utilization of the
risk assessment method in all evaluations of facilities under
the program.
(b) Risk Assessment Method.--The risk assessment method utilized
under subsection (a) shall--
(1) take into account as a separate factor of risk--
(A) the extent to which the contamination level of
a particular contaminant exceeds the permissible
contamination level for the contaminant;
(B) the existence and extent of any population
(including human populations and natural populations)
potentially affected by the contaminant; and
(C) the existence and nature of any mechanism that
would cause the population to be affected by the
contaminant; and
(2) provide appropriately for the significance of any such
factor in the final determination of risk.
(c) Defense Environmental Restoration Program Defined.--In this
section, the term ``Defense Environmental Restoration Program'' means
the program of environmental restoration carried out under chapter 160
of title 10, United States Code.
SEC. 337. RECOVERY AND SHARING OF COSTS OF ENVIRONMENTAL RESTORATION AT
DEPARTMENT OF DEFENSE SITES.
(a) Guidelines.--
(1) In general.--The Secretary of Defense shall prescribe
in regulations guidelines concerning the cost-recovery and
cost-sharing activities of the military departments and defense
agencies.
(2) Covered matters.--The guidelines prescribed under
paragraph (1) shall--
(A) establish uniform requirements relating to
cost-recovery and cost-sharing activities for the
military departments and defense agencies;
(B) require the Secretaries of the military
departments and the heads of the defense agencies to
obtain all appropriate data regarding activities of
contractors of the Department or other private parties
responsible for environmental contamination at
Department sites that is relevant for purposes of cost-
recovery and cost-sharing activities;
(C) require the Secretaries of the military
departments and the heads of the defense agencies to
use consistent methods in estimating the costs of
environmental restoration at sites under the
jurisdiction of such departments and agencies for purposes of reports
to Congress on such costs;
(D) require the Secretaries of the military
departments to reduce the amounts requested for
environmental restoration activities of such
departments for a fiscal year by the amounts
anticipated to be recovered in the preceding fiscal
year as a result of cost-recovery and cost-sharing
activities; and
(E) resolve any unresolved issues regarding the
crediting of amounts recovered as a result of such
activities under section 2703(d) of title 10, United
States Code.
(b) Implementation of Guidelines.--The Secretary shall take
appropriate actions to ensure the implementation of the guidelines
prescribed under subsection (a), including appropriate requirements
to--
(1) identify contractors of the Department and other
private parties responsible for environmental contamination at
Department sites;
(2) review the activities of contractors of the Department
and other private parties in order to identify negligence or
other misconduct in such activities that would preclude
Department indemnification for the costs of environmental
restoration relating to such contamination or justify the
recovery or sharing of costs associated with such restoration;
(3) obtain data as provided for under subsection (a)(2)(B);
and
(4) pursue cost-recovery and cost-sharing activities where
appropriate.
(c) Definition.--In this section, the term ``cost-recovery and-cost
sharing activities'' means activities concerning--
(1) the recovery of the costs of environmental restoration
at Department sites from contractors of the Department and
other private parties that contribute to environmental
contamination at such sites; and
(2) the sharing of the costs of such restoration with such
contractors and parties.
SEC. 338. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
(a) Authority.--(1) The Secretary of Defense may, in consultation
with the Administrator of General Services, carry out a pilot program
to assess the feasibility and 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 October 1, 1997, and ending on September 30, 1999.
(b) Incentives Available for Sale.--(1) Under the pilot program,
the Secretary may sell economic incentives for the reduction of
emission of air pollutants attributable to a facility of a military
department only if such incentives are not otherwise required for the
activities or operations of the military department.
(2) The Secretary may not, under the pilot program, sell economic
incentives attributable to the closure or realignment of a military
installation under a base closure law.
(3) If the Secretary determines that additional sales of economic
incentives are likely to result in amounts available for allocation
under subsection (c)(2) in a fiscal year in excess of the limitation
set forth in subparagraph (B) of that subsection, the Secretary shall
not carry out such additional sales in that fiscal year.
(c) Use of Proceeds.--(1) The proceeds of sale of economic
incentives attributable to a facility of a military department shall be
credited to the funds available to the facility for the costs of
identifying, quantifying, or valuing economic incentives for the
reduction of emission of air pollutants. The amount credited shall be
equal to the cost incurred in identifying, quantifying, or valuing the
economic incentives sold.
(2)(A)(i) If after crediting under paragraph (1) a balance remains,
the amount of such balance shall be available to the Department of
Defense for allocation by the Secretary to the military departments for
programs, projects, and activities necessary for compliance with
Federal environmental laws, including the purchase of economic
incentives for the reduction of emission of air pollutants.
(ii) To the extent practicable, amounts allocated to the military
departments under this subparagraph shall be made available to the
facilities that generated the economic incentives providing the basis
for the amounts.
(B) The total amount allocated under this paragraph in a fiscal
year from sales of economic incentives may not equal or exceed
$500,000.
(3) If after crediting under paragraph (1) a balance remains in
excess of an amount equal to the limitation set forth in paragraph
(2)(B), the amount of the excess shall be covered over into the
Treasury as miscellaneous receipts.
(4) Funds credited under paragraph (1) or allocated under paragraph
(2) shall be merged with the funds to which credited or allocated, as
the case may be, and shall be available for the same purposes and for
the same period as the funds with which merged.
(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
emission of air pollutants'' means any transferable economic
incentives (including marketable permits and emission rights)
necessary or appropriate to meet air quality requirements under
the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 339. TAGGING SYSTEM FOR IDENTIFICATION OF HYDROCARBON FUELS USED
BY THE DEPARTMENT OF DEFENSE.
(a) Authority To Conduct Pilot Program.--The Secretary of Defense
may conduct a pilot program using existing technology to determine--
(1) the feasibility of tagging hydrocarbon fuels used by
the Department of Defense for the purposes of analyzing and
identifying such fuels;
(2) the deterrent effect of such tagging on the theft and
misuse of fuels purchased by the Department; and
(3) the extent to which such tagging assists in determining
the source of surface and underground pollution in locations
having separate fuel storage facilities of the Department and
of civilian companies.
(b) System Elements.--The tagging system under the pilot program
shall have the following characteristics:
(1) The tagging system does not harm the environment.
(2) Each chemical used in the tagging system is--
(A) approved for use under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to which
added, as determined in accordance with criteria
established by the Environmental Protection Agency for
the introduction of additives into hydrocarbon fuels.
(3) The tagging system permits a determination if a tag is
present and a determination if the concentration of a tag has
changed in order to facilitate identification of tagged fuels
and detection of dilution of tagged fuels.
(4) The tagging system does not impair or degrade the
suitability of tagged fuels for their intended use.
(c) Report.--Not later than 30 days after the completion of the
pilot program, the Secretary shall submit to Congress a report setting
forth the results of the pilot program and including any
recommendations for legislation relating to the tagging of hydrocarbon
fuels by the Department that the Secretary considers appropriate.
(d) Funding.--Of the amounts authorized to be appropriated under
section 301(5) for operation and maintenance for defense-wide
activities, not more than $5,000,000 shall be available for the pilot
program.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 351. FUNDING SOURCES FOR CONSTRUCTION AND IMPROVEMENT OF
COMMISSARY STORE FACILITIES.
(a) Additional Funding Sources.--Section 2685 of title 10, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Funds for Construction and Improvements.--Revenues received
by the Department of Defense from the following sources or activities
of commissary store facilities shall be available for the purposes set
forth in subsections (c), (d), and (e):
``(1) Adjustments or surcharges authorized by subsection
(a).
``(2) Sale of recyclable materials.
``(3) Sale of excess property.
``(4) License fees.
``(5) Royalties.
``(6) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.
``(7) Products offered for sale in commissaries under
consignment with exchanges, as designated by the Secretary of
Defense.''.
SEC. 352. INTEGRATION OF MILITARY EXCHANGE SERVICES.
(a) Integration Required.--The Secretaries of the military
departments shall integrate the military exchange services, including
the managing organizations of the military exchange services, not later
than September 30, 2000.
(b) Submission of Plan to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretaries of the military
departments shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives the plan for achieving the integration required by
subsection (a).
Subtitle E--Other Matters
SEC. 361. ADVANCE BILLINGS FOR WORKING-CAPITAL FUNDS.
(a) Restriction.--Section 2208 of title 10, United States Code, is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) An advance billing of a customer for a working-capital
fund is prohibited except as provided in paragraph (2).
``(2) An advance billing of a customer for a working-capital fund
is authorized if--
``(A) the Secretary of Defense has submitted to the
Committees on Armed Services and on Appropriations of the
Senate and the Committees on National Security and on
Appropriations of the House of Representatives a notification
of the advance billing; and
``(B) in the case of an advance billing in an amount that
exceeds $50,000,000, thirty days have elapsed since the date of
the notification.
``(3) A notification of an advance billing of a customer for a
working-capital fund that is submitted under paragraph (2) shall
include the following:
``(A) The reasons for the advance billing.
``(B) An analysis of the effects of the advance billing on
military readiness.
``(C) An analysis of the effects of the advance billing on
the customer.
``(4) The Secretary of Defense may waive the applicability of this
subsection--
``(A) during a period war or national emergency; or
``(B) to