H.R.1119 - National Defense Authorization Act for Fiscal Year 1998105th Congress (1997-1998)
|Sponsor:||Rep. Spence, Floyd [R-SC-2] (Introduced 03/19/1997)(by request)|
|Committees:||House - National Security|
|Committee Reports:||H. Rept. 105-132; H. Rept. 105-340 (Conference Report)|
|Latest Action:||11/18/1997 Became Public Law No: 105-85. (TXT | PDF) (All Actions)|
|Major Recorded Votes:||11/06/1997 : Resolving Differences; 10/28/1997 : Resolving Differences; 06/25/1997 : Passed House|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.1119 — 105th Congress (1997-1998)All Bill Information (Except Text)
Conference report filed in House (10/23/1997)
TABLE OF CONTENTS:
Division A: Department of Defense Authorizations
Title I: Procurement
Subtitle A: Authorization of Appropriations
Subtitle B: Army Programs
Subtitle C: Navy Programs
Subtitle D: Air Force Programs
Subtitle E: Other Matters
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions, and
Subtitle C: Ballistic Missile Defense Programs
Subtitle D: Other Matters
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
Subtitle B: Military Readiness Issues
Subtitle C: Environmental Provisions
Subtitle D: Depot-Level Activities
Subtitle E: Commissaries and Nonappropriated Fund
Subtitle F: Other Matters
Title IV: Military Personnel Authorizations
Subtitle A: Active Forces
Subtitle B: Reserve Forces
Subtitle C: Authorization of Appropriations
Title V: Military Personnel Policy
Subtitle A: Officer Personnel Policy
Subtitle B: Reserve Component Matters
Subtitle C: Military Technicians
Subtitle D: Measures to Improve Recruit Quality and
Reduce Recruit Attrition
Subtitle E: Military Education and Training
Subtitle F: Commission on Military Training and
Subtitle G: Military Decorations and Awards
Subtitle H: Military Justice Matters
Subtitle I: Other Matters
Title VI: Compensation and Other Personnel Benefits
Subtitle A: Pay and Allowances
Subtitle B: Bonuses and Special and Incentive Pays
Subtitle C: Travel and Transportation Allowances
Subtitle D: Retired Pay, Survivor Benefits, and Related
Subtitle E: Other Matters
Title VII: Health Care Provisions
Subtitle A: Health Care Services
Subtitle B: TRICARE Program
Subtitle C: Uniformed Services Treatment Facilities
Subtitle D: Other Changes to Existing Laws Regarding
Health Care Management
Subtitle E: Other Matters
Subtitle F: Persian Gulf Illness
Title VIII: Acquisition Policy, Acquisition Management, and
Subtitle A: Amendments to General Contracting
Authorities, Procedures, and Limitations
Subtitle B: Acquisition Assistance Programs
Subtitle C: Administrative Provisions
Subtitle D: Other Matters
Title IX: Department of Defense Organization and Management
Subtitle A: Department of Defense Positions and
Organizations and Other General Matters
Subtitle B: Department of Defense Personnel Management
Subtitle C: Department of Defense Schools and Centers
Subtitle D: Department of Defense Intelligence-Related
Title X: General Provisions
Subtitle A: Financial Matters
Subtitle B: Naval Vessels and Shipyards
Subtitle C: Counter-Drug Activities
Subtitle D: Miscellaneous Report Requirements and
Subtitle E: Matters Relating to Terrorism
Subtitle F: Matters Relating to Defense Property
Subtitle G: Other Matters
Title XI: Department of Defense Civilian Personnel
Title XII: Matters Relating to Other Nations
Subtitle A: United States Armed Forces in Bosnia and
Subtitle B: Export Controls on High Performance
Subtitle C: Other Matters
Title XIII: Arms Control and Related Matters
Title XIV: Cooperative Threat Reduction With States of
Former Soviet Union
Title XV: Federal Charter for the Air Force Sergeants
Division B: Military Construction Authorizations
Title XXI: Army
Title XXII: Navy
Title XXIII: Air Force
Title XXIV: Defense Agencies
Title XXV: North Atlantic Treaty Organization Security
Title XXVI: Guard and Reserve Forces Facilities
Title XXVII: Expiration and Extension of Authorizations
Title XXVIII: General Provisions
Subtitle A: Military Construction Program and Military
Family Housing Changes
Subtitle B: Real Property and Facilities Administration
Subtitle C: Defense Base Closure and Realignment
Subtitle D: Land Conveyances
Subtitle E: Other Matters
Title XXIX: Sikes Act Improvement
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
Subtitle B: Recurring General Provisions
Subtitle C: Program Authorizations, Restrictions, and
Subtitle D: Other Matters
Title XXXII: Defense Nuclear Facilities Safety Board
Title XXXIII: National Defense Stockpile
Title XXXIV: Naval Petroleum Reserves
Title XXXV: Panama Canal Commission
Subtitle A: Authorization of Expenditures From
Subtitle B: Facilitation of Panama Canal Transition
Title XXXVI: Maritime Administration
National Defense Authorization Act for Fiscal Year 1998 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement.
(Sec. 104) Authorizes appropriations for FY 1998 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) the Defense Health Program; and (6) the defense export loan guarantee program.
Subtitle B: Army Programs - Prohibits the obligation of more than 80 percent of the funds authorized under this Act for helicopter modifications or upgrades until 30 days after the Secretary of the Army submits to the defense and appropriations committees a comprehensive plan for the modernization of the Army's helicopter fleet.
(Sec. 112) Authorizes the Secretary of the Army to enter into a multiyear contract for the procurement of: (1) AH-64D Longbow Apache fire control radar; and (2) vehicles of the Family of Medium Tactical Vehicles.
Subtitle C: Navy Programs - Earmarks funds for the New Attack Submarine program and authorizes the Secretary of the Navy to enter into a procurement contract for four submarines under such program. Makes the Electric Boat Corporation and the Newport News Shipbuilding and Drydock Company eligible for such contracts. Repeals superseded provisions of prior defense authorization Acts.
(Sec. 122) Authorizes the Secretary of the Navy to procure a CVN-77 class nuclear aircraft carrier. Makes $50 million of the funding for such procurement available for advance procurement and advance construction of components. Permits the Secretary of Defense (Secretary) to make up to $295 million from other defense funds available for such program. Requires specified cost savings, limiting to $4.6 billion the total procurement costs. Authorizes adjustments to such limit. Directs the Secretary of the Navy to annually submit to the Congress written notice of any changes to such cost limit.
(Sec. 123) Provides an exception to a cost limitation for the Seawolf submarine program required under a prior defense authorization Act. Requires the Department of Defense (DOD) Inspector General to submit to the defense committees a determination as to whether any future exclusions, adjustments, or increases to such cost limitation will be required.
Subtitle D: Air Force Programs - Makes $331 million available either for: (1) long-lead activities related to the procurement of additional B-2 bomber aircraft; or (2) the modification and repair of the existing B-2 fleet. Directs the Secretary to ensure the continuance of such spending options until a specified panel reviewing long-range U.S. airpower submits its report.
(Sec. 132) Directs the Secretary of the Air Force to conduct and submit to the defense and appropriations committees a cost and operation effectiveness analysis with respect to specified air radar warning receivers.
(Sec. 133) Directs the Secretary to submit to the defense committees an analysis of DOD requirements for the replacement of aircraft engines derived from Boeing 707 aircraft.
Subtitle E: Other Matters - Directs the Secretary of the Army, for FY 1998 and 1999, to carry out a pilot program to test the efficacy and appropriateness of selling manufactured articles of Army industrial facilities without regard to their availability from U.S. commercial sources. Requires a DOD Inspector General report on the pilot program.
(Sec. 142) Makes funds authorized under this Act available for a NATO alliance ground surveillance capability based on the U.S. Joint Surveillance-Target Attack Radar System. Authorizes the modification of Air Force aircraft to incorporate such system.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for the armed forces for research, development, test, and evaluation (RDT&E). Makes RDT&E funds available for: (1) basic and applied research; and (2) dual-use science and technology projects. Requires, with respect to the dual-use projects: (1) specified funding goals for each of fiscal years 1998 through 2001; (2) the designation of a senior DOD official to carry out such projects; (3) a financial commitment from non-federal participants of 50 percent of project costs; (4) the use of competitive procedures; (5) a progress report from the Secretary; and (6) the Secretary to establish a Commercial Operations and Support Savings Initiative to develop commercial products and processes that the military departments can incorporate into operational military systems to reduce operations and support costs.
(Sec. 204) Reduces by $42 million the total amount authorized under this title for federally funded research and development centers.
Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to seek the participation of manufacturers of manufacturing equipment in projects under the manufacturing technology program. Directs the Secretary to prepare a five-year plan for such program that establishes specified manufacturing technology goals, milestones, priorities, investment strategies, objectives, and annual program funding.
(Sec. 212) Directs the Secretary to report to the defense and appropriations committees on the: (1) operational field assessments program; and (2) options for the sequence in which the variants of the joint strike fighter are to be produced and fielded.
(Sec. 214) Earmarks funds for the kinetic energy tactical anti-satellite technology program.
(Sec. 215) Directs the Secretary to restructure the Clementine 2 micro-satellite development program into a program that supports a range of space mission areas.
(Sec. 216) Limits the total demonstration costs through FY 2003 with respect to the high altitude endurance unmanned vehicle program. Requires program review by the Comptroller General (CG).
(Sec. 217) Places specified development, production, and funding limitations on the F-22 aircraft program. Requires an annual program review and report by the CG.
Subtitle C: Ballistic Missile Defense Programs - Directs the Secretary to ensure that the National Missile Defense (NMD) program is structured and programmed to support a test in FY 1999 of an integrated NMD system that could achieve initial operational capability in FY 2003. Provides NMD system elements. Requires a report from the Secretary concerning a plan for NMD operational capability by such date. Provides FY 1998 NMD funding.
(Sec. 232) Specifies the budgetary treatment of amounts for procurement for the NMD program or any system that is part of the core theater missile defense program. Directs the Secretary to transfer specified FY 1998 procurement funds to the Ballistic Missile Defense Organization (BMDO).
(Sec. 233) Directs the Secretary to establish as a new program element within the BMDO the Cooperative Ballistic Missile Defense program to support technical and cooperative efforts between the United States and other nations that contribute to U.S. ballistic missile defense capabilities.
(Sec. 234) Directs the Secretary to report annually on threats posed to the United States by weapons of mass destruction, as well as ballistic and cruise missiles.
(Sec. 235) Designates as a position of importance and responsibility (so that certain military grades are required) the position of BMDO Director.
(Sec. 236) Repeals specified deployment dates for core theater missile defense programs under the Ballistic Missile Defense Act of 1995.
Subtitle D: Other Matters - Revises and extends certain organizations (and their responsibilities) under the national oceanographic partnership program.
(Sec. 242) Directs the Secretary of the Air Force to allocate funds for the maintenance and repair of real property at Air Force military installations without regard to whether the installation is supported with FY 1998 Air Force RDT&E or operation and maintenance (O&M) funds.
(Sec. 244) Earmarks fund for bioassay testing of veterans exposed to ionizing radiation during military service.
(Sec. 245) Expresses the sense of the Congress that DOD should: (1) evaluate technology transfer and acquisition initiatives within the Army Commanche program for potential to increase program efficiency or reduction of risk; and (2) include adequate funding in the future-years defense program for meritorious initiatives.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for O&M for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1998 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the O&M of Fisher houses.
(Sec. 305) Authorizes the transfer of up to $150 million to FY 1998 O&M accounts from the National Defense Stockpile Transaction Fund.
(Sec. 306) Earmarks specified O&M funds for: (1) the refurbishment of M1-A1 tanks, under certain conditions; (2) costs associated with the operation of the prepositioned fleet of equipment during training rotations at the National Training Center, Fort Irwin, California; (3) the refurbishment and installation of a specified naval air search radar; (4) contracted training flight services; (5) procurement technical assistance programs; and (6) the operation of Fort Chaffee, Arkansas.
Subtitle B: Military Readiness Issues - Directs the Secretary to report monthly on the allocation of appropriations to O&M budget activities and subactivities. Requires the reporting of specified budget fluctuations in activity accounts.
(Sec. 322) Specifies additional information to be included in quarterly military readiness reports. Directs the Secretary to submit to the defense and appropriations committees an implementation plan with respect to readiness indicators.
(Sec. 323) Directs the Secretary to report to the defense and appropriations committees seminanually through FY 2000 on prior-year transfers from certain high-priority readiness appropriations.
(Sec. 324) Directs the Under Secretary of Defense (Comptroller) to report annually on aircraft in the DOD inventory.
(Sec. 325) Provides that, whenever an official of an executive agency proposes or takes an administrative action that affects military training or other readiness activity in a significantly adverse manner, the Secretary shall submit to the head of the agency proposing such action and the defense committees a notification of the action along with each adverse effect. Requires a notification copy to be transmitted to the President and the defense committees. Requires appropriate consultation between the Secretary and the head of the agency to attain the objective of the administrative action while eliminating or mitigating its adverse effects on readiness. Provides a temporary moratorium on such an administrative action until the earlier of: (1) the expiration of five days after notification; or (2) the date on which the Secretary and the agency head reach agreement on an alternate plan of action.
(Sec. 326) Requires the Chairman of the Joint Chiefs of Staff (JCS) to develop a common means of measuring the operations and personnel tempos of each military department.
(Sec. 327) Includes, for FY 1999 and thereafter, Air Force depot-level maintenance of materiel as an activity under the Air Force O&M account.
(Sec. 328) Provides a prohibition against the implementation of a tiered military readiness system by the Secretary of the military department concerned (Secretary concerned). Requires the Secretary to report to the Congress requesting a waiver of such prohibition on behalf of any of the military departments.
(Sec. 329) Directs the JCS Chairman to report to the defense and appropriations committees on the military readiness requirements of the active and reserve forces as prepared by the JCS Chairman and the commanders of the unified commands.
(Sec. 330) Directs the Secretary to report to the defense committees on a readiness posture of units of the armed forces that provides for a rotation of such units between states of high and low readiness.
(Sec. 331) Directs the Secretary to report to the defense committees on DOD military exercises conducted during FY 1995 through 1997 and planned to be conducted during FY 1998 through 2000 under the Joint Chiefs of Staff Exercise Program and the Partnership for Peace Program. Limits funding pending submission of such report.
(Sec. 332) Directs the Secretary to report on the overseas deployment of military personnel other than the Coast Guard.
Subtitle C: Environmental Provisions - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to enter into cooperative agreements with Indian tribes (currently, only with State and local governmental agencies) to obtain assistance in certifying environmental technologies. Directs the Secretary to report on certification reimbursement and cost-sharing guidelines.
(Sec. 343) Revises limitations on the authority to use DOD installations for the storage or disposal of toxic or hazardous materials not owned by DOD.
(Sec. 344) Requires additional information relating to the payment of fines and penalties assessed under environmental laws to be included in an annual report from the Secretary on progress made in carrying out environmental restoration activities at military installations.
(Sec. 345) Directs the Secretary to report annually on DOD overseas environmental activities.
(Sec. 346) Directs the Secretary to report to the defense and appropriations committees on any remaining environmental effects from the presence of U.S. military personnel in Bermuda.
(Sec. 347) Expresses the sense of the Congress that U.S. armed forces should not be deployed outside the United States to provide environmental preservation assistance to other nations.
(Sec. 348) Directs the Secretary to prescribe regulations concerning the environmental restoration cost-recovery and cost-sharing activities of the military departments and defense agencies.
(Sec. 349) Authorizes the Secretary to enter into a partnership with one or more private entities to demonstrate and validate innovative environmental technologies. Outlines provisions concerning:
(1) private entity limitations; (2) evaluation guidelines; (3) partnership funding; (4) a required annual partnership report; and (5) appropriate program coordination with the Environmental Protection Agency. Terminates the authority to enter into such agreements three years after the enactment of this Act.
(Sec. 350) Prohibits a DOD department or agency from procuring copying machine paper unless such paper contains 20 percent of post-consumer recycled paper as of January 1, 1998, 30 percent by a year later, and 50 percent by January 1, 2004. Provides exceptions. Requires a notification from the Secretary to the Congress if a military department or defense agency will not be able to meet the 50 percent commitment by 2004.
(Sec. 351) Authorizes the Secretary to 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 military facility. Provides for the use of sale proceeds.
Subtitle D: Depot-Level Activities - Redefines depot-level maintenance and repair (DLMR) as material maintenance and repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies and the testing and reclamation of equipment as necessary, regardless of the source of funds for the DLMR. Excludes from such definition major modifications or upgrades of weapon systems designed to improve program performance or the nuclear refueling of an aircraft carrier.
(Sec. 356) Directs the Secretary to identify those Government owned and operated core logistics capabilities necessary to maintain and repair the weapon systems and other military equipment necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the JCS Chairman. Provides core logistics functions contracting limitations.
(Sec. 357) Increases from 40 to 50 percent the share of DLMR authorized to be performed by the private sector.
(Sec. 358) Requires an annual report from the Secretary on funds expended for DLMR activities performed by the public and private sectors.
(Sec. 359) Requires the use of competitive procedures in solicitations for contracts for the performance of DLMR workloads formerly (as of January 1, 1997) performed by DOD personnel at military installations closed or realigned under the Defense Base Closure and Realignment Act of 1990. Outlines provisions concerning: (1) contract solicitation requirements and conditions; (2) limited authority for the use of a single contract for the performance of multiple DLMR workloads; (3) CG review of the competitive procedures used; (4) resolution of contract award objections; (5) a limitation relating to the timing of contract solicitations; and (6) a report from the Secretary on DLMR workload allocations. Directs the CG to report on the award for the performance of the C-5 aircraft workload that was made to Warner Robins Air Logistics Center.
(Sec. 360) Prohibits civilian DOD employees performing DLMR workloads from being managed on the basis of any end strengths or other personnel constraints.
(Sec. 361) Directs the Secretary to designate each depot-level activity of the military departments and defense agencies as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. Provides for the formation of public-private partnerships for the performance of DLMR at such centers and for maximum utilization of center capacity.
(Sec. 362) Amends the National Defense Authorization Act for FY: (1) 1991 to extend through FY 1999 the authority for aviation depots and naval shipyards to engage in defense-related production and services; and (2) 1996 to repeal a conditional repeal of certain DLMR laws and a related reporting requirement.
(Sec. 364) Prohibits the Secretary of the Army from initiating a reduction in force of civilian employees at the five Army depots participating in the demonstration and testing of the Army Workload and Performance System until after such Secretary certifies that such System is fully operational.
(Sec. 365) Requires a report from the Secretary on the allocation of core logistics activities among DOD facilities and private sector facilities.
(Sec. 366) Requires a review and report from the CG concerning the Navy's practice of using temporary duty assignments of personnel to perform ship maintenance and repair work at homeports not having Navy shipyards.
(Sec. 367) Expresses the sense of the Congress that the transfer of the ground communication-electronic workload to Tobyhanna Army Depot, Pennsylvania, should be carried out in adherence to the schedule prescribed by the Defense Depot Maintenance Council on March 13, 1997.
Subtitle E: Commissaries and Nonappropriated Fund Instrumentalities - Recodifies certain Federal provisions relating to military commissaries and exchanges and other morale, welfare, and recreation (MWR) activities.
(Sec. 372) Requires the Secretary to report annually on additions or changes in commissary or exchange merchandising categories. Establishes a sales price surcharge (in order to recoup the actual cost of the product) of five percent of the sale price of merchandise sold. Provides a special rule for the merchandising of periodicals and tobacco products.
(Sec. 374) Specifies the budgetary treatment of certain funds received by the Defense Commissary Agency.
(Sec. 375) Authorizes the Secretary to use appropriated funds for the repair or renovation (currently, only the maintenance) of the Armed Forces Recreation Center, Europe.
(Sec. 376) Directs the Secretary to submit a plan for the use of public and private partnerships to benefit nonappropriated fund instrumentalities.
Subtitle F: Other Matters - Earmarks specified FY 1998 DOD O&M funds for assistance to local educational agencies that benefit dependents of military personnel and DOD civilian employees.
(Sec. 382) Authorizes the Secretary to operate a Center for Excellence in Disaster Management and Humanitarian Assistance. Authorizes an agreement with a higher education institution for joint operation of the Center. Provides FY 1998 funding.
(Sec. 383) Requires the Defense Automated Printing Service to comply fully with Federal requirements relating to the production and procurement of printing, binding, and blank-book work.
(Sec. 384) Directs the Secretary to notify the Congress of the length and cost of any decision to study a commercial or industrial type DOD function that, on October 1, 1980, was being performed by DOD civilian employees for possible conversion to performance by a private contractor. Requires congressional notification of a decision to convert such performance to include a timetable for completing such conversion. Waives such notification requirement for conversion of a function currently being performed by 20 or fewer (currently, 45 or fewer) employees.
(Sec. 385) Directs the Secretary to collect and retain for a five-year period cost information data regarding performance by private contractor employees of functions formerly performed by DOD personnel.
(Sec. 386) Authorizes the Secretary of the Army to provide financial assistance to a State to support Army National Guard activities in such State.
(Sec. 387) Amends the National Defense Authorization Act for Fiscal Year 1996 to: (1) extend through FY 1998 the required competitive procurement of DOD printing and duplication services; and (2) revise a demonstration program to identify DOD overpayments. Directs the CG to review the demonstration program and report to the Congress.
(Sec. 389) Authorizes and encourages the Secretary to develop standard forms to be used in the consideration for conversion to contractor performance of commercial services and functions at military installations. Prohibits the use of such standard forms for a multi-function conversion. Requires an implementation report from the Secretary.
(Sec. 390) Requires each contract for base operations support being performed on Guam to contain a condition that such work may not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under the Immigration and Nationality Act.
(Sec. 391) Authorizes the Secretary to carry out a pilot program to use commercial sources of services to improve the collection of DOD claims under aircraft engine warranties. Terminates the pilot program on September 30, 1999. Requires program reports from the Secretary and the CG.
(Sec. 392) Directs the Secretary to maintain a specific coordinated program to investigate evidence of fraud, waste, and abuse within DOD.
(Sec. 393) Directs the Secretary of the Navy to carry out a demonstration program for the expanded use of multitechnology automated reader cards throughout the Navy and Marine Corps.
(Sec. 394) Directs the Secretary to report a plan to reduce overhead costs of defense inventory control points to not exceed eight percent of net sales at standard prices after FY 2000.
(Sec. 395) Requires the Director of the Defense Logistics Agency to develop and submit a schedule for implementation of best commercial inventory practices for specified Agency supplies and equipment. Requires a report from the CG on expanding such list to include repairable items.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides the authorized end strengths for active-duty forces as of the end of FY 1998. Decreases the permanent end strength levels required to support two major regional contingencies simultaneously.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 for members of the Selected Reserve, reserve personnel on active duty in support of the reserves, and military technicians (dual status).
Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1998 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Limits the number of general and flag officers authorized to serve in external assignments (positions outside their service branch) to 26.5 percent of the total number of such service's number of general and flag officers as authorized by the Congress. Requires an annual report from the Secretary with respect to such officers. Authorizes the President to waive such restriction during a period of war or national emergency.
(Sec. 502) States that a current limitation on the authorized period of recalled service shall not apply to chaplains or health care professionals assigned to active duty in such capacity, or to an officer assigned to duty with the American Battle Monuments Commission.
(Sec. 503) Excludes certain active-duty and reserve officers currently on promotion lists from consideration by later promotion boards.
(Sec. 504) Authorizes the Secretary concerned to defer the retirement of: (1) chaplains if determined to be in the best interests of the service; and (2) the Chief and Deputy Chief of Chaplains until the first day of the month following such officer's 68th birthday.
(Sec. 505) Increases the number of officers authorized to be frocked (to wear the insignia of the next higher officer grade even though the promotion to such grade is not yet final).
(Sec. 506) Requires mandatory retirement after: (1) 38 years of active commissioned service, in the case of lieutenant generals or vice admirals; and (2) 40 years of such service, in the case of generals or admirals.
(Sec. 507) Requires exemplary moral and other appropriate conduct from all commanding officers and others in authority in the Army and Air Force.
(Sec. 508) Directs the Secretary of the Army to report on the command selection process for district engineers of the Army Corps of Engineers.
Subtitle B: Reserve Component Matters - Provides for a category of members within the Individual Ready Reserve to be subject to being ordered to active duty involuntarily, but requires a member to volunteer to be placed into such category. Limits to 24 months the length a member may be in such category.
(Sec. 512) Directs the Secretary to terminate the mobilization income insurance program.
(Sec. 513) Provides coverage for medical and dental care and death and disability benefits for reserve personnel who incur or aggravate an illness or injury in the line of active duty when such duty was originally for a period of 30 days or less but was subsequently extended.
(Sec. 514) Authorizes non-unit assigned officers to be considered by vacancy promotion boards for general officer grade positions.
(Sec. 515) Prohibits the Secretary of the Air Force from using Air Force Reserve AGR personnel (recruiters and trainers) for the performance of specified air base security functions.
(Sec. 516) Authorizes the separation of a reserve officer in an inactive status with the Standby Reserve who is not qualified for transfer to the Retired Reserve, or, if qualified, does not apply for such transfer.
(Sec. 517) Provides that the performance of honor guard functions by members of the National Guard at funerals for veterans may be treated as a Federal function for which appropriated funds may be used.
Subtitle C: Military Technicians - Authorizes the Secretary concerned to retain in active status until age 60 military technicians in the grade of brigadier general (currently, only in the grades of major, lieutenant colonel, or colonel).
(Sec. 522) Redefines the "dual status" of military reserve technicians as, in addition to being a Federal employee and member of the Selected Reserve, being assigned as a technician in the administration and training of such Reserve or in the maintenance and repair of supplies or equipment issued to the Reserve or the armed forces. Prohibits funds appropriated to DOD from being used to compensate military technicians hired after February 10, 1996, who are no longer members of the Selected Reserve. Requires the Secretary to submit a legislative proposal for the clarification of statutory authority over military technicians.
(Sec. 523) Places specified FY 1998 limitations on the number of civilian employees of a military department who are non-dual status military technicians. Directs the Secretary to submit: (1) a report on the number of such positions as of September 30, 1997, within each of the Army and Air Force Reserves and National Guards; and (2) a plan to ensure that all military technician positions are held only by dual-status technicians on and after September 30, 2007.
(Sec. 524) Directs the Secretary to report on the feasibility and desirability of conversion of AGR personnel to dual-status military technicians.
Subtitle D: Measures to Improve Recruit Quality and Reduce Recruit Attrition - Directs the Secretary to carry out specified reforms in the recruiting systems of the military departments in order to improve the quality of new recruits and to reduce recruit attrition.
Requires an implementation report from the Secretary.
(Sec. 532) Directs the Secretary to take specified steps to improve the: (1) medical prescreening of applicants for entrance into the service branches; and (2) physical fitness of recruits before they enter basic training.
Subtitle E: Military Education and Training - Part I: Officer Education Programs - Requires an oath of allegiance from candidates for admission to the Naval Academy.
(Sec. 542) Authorizes the Secretary concerned to permit a student at a foreign military academy to receive instruction at the academy of that military department in exchange for a cadet or midshipman of that department receiving instruction at such foreign military academy. Establishes cost and enrollment limits.
(Sec. 543) Revises provisions concerning the required reimbursement rate by the appropriate foreign country of expenses incurred by the United States in providing instruction at U.S. military educational institutions to foreign cadets and midshipmen.
(Sec. 544) Expresses continued congressional support for the following senior military colleges: Texas A&M, Norwich University, the Virginia Military Institute, the Citadel, Virginia Polytechnic Institute and State University, and North Georgia College and State University. Recommends active-duty service for all graduates of the senior military colleges who desire such service and who are so recommended by their Reserve Officers' Training Corps (ROTC) professors of military science. Prohibits the Secretary or the Secretary concerned from terminating or reducing any Senior ROTC unit at a senior military college unless the termination or reduction is specifically requested by such college.
(Sec. 545) Directs the Secretary to report to the defense committees on permitting U.S. nationals to participate in the Senior ROTC program.
(Sec. 546) Directs the Secretary concerned to coordinate the establishment, maintenance, transfer, and termination of Junior ROTC units in order to maximize enrollment and enhance administrative efficiency in Corps management.
Part II: Other Education Matters - Authorizes the Secretary of the Navy, on a space-available basis, to permit an enlisted member who is assigned to the Naval Postgraduate School or to a nearby command to receive instruction at such School. (Currently, such Secretary may permit only officers of the Army, Air Force, and Coast Guard to receive such instruction.)
(Sec. 552) Authorizes for instruction at the Community College of the Air Force enlisted members of the Army, Navy, or Air Force who are serving as instructors at an Air Force training school. (Currently, enrollment is limited to Air Force enlisted personnel.)
(Sec. 553) Preserves beyond a current ten-year delimiting period the educational assistance entitlement for members of the Selected Reserve serving on active duty in support of a contingency operation.
Part III: Training of Army Drill Sergeants - Directs the Secretary of the Army to take specified measures to reform the process for the selection and training of Army drill sergeants.
(Sec. 557) Directs the Secretary of the Army to include a course in human relations as part of the Army drill sergeant training program.
Subtitle F: Commission on Military Training and Gender-Related Issues - Establishes the Commission on Military Training and Gender-Related Issues to review and report to the defense committees on requirements and restrictions regarding cross-gender relationships among military personnel, review military basic training programs, and make recommendations on improvements to those programs, requirements, and restrictions. Directs the Congress to: (1) consider Commission reports; and (2) decide whether to require by law that the Secretaries of the military departments conduct basic training on a gender-segregated or gender-integrated basis.
Subtitle G: Military Decorations and Awards - Allows the Purple Heart to be awarded only to a person who is a member of the armed forces at the time of his or her death or injury.
(Sec. 572) Directs the Secretary to designate participation in Operations Joint Endeavor or Joint Guard in Bosnia and Herzegovina as service appropriate for the award of the Armed Forces Expeditionary Medal. Requires an individual determination with respect to an individual's eligibility for such award.
(Sec. 573) Waives, with respect to specified individuals, any otherwise applicable time limitations for the award of the Silver Star Medal, the Navy and Marine Corps Medal, and the Distinguished Flying Cross.
(Sec. 574) Makes eligible for the award of a military service medal for heroism a member of the Ready Reserve who was not in a duty status at the time the member distinguished himself by heroism.
(Sec. 575) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend to February 9, 1998, the period for the receipt of recommendations for decorations and awards by certain military intelligence personnel previously prevented by secrecy requirements from receiving such awards.
(Sec. 576) Authorizes unit decorations to be awarded to certain units that supported the execution of combat operations during World War II.
(Sec. 577) Provides for retroactive special pension entitlement for specified Medal of Honor recipients or their survivors.
Subtitle H: Military Justice Matters - Amends the Uniform Code of Military Justice to establish the sentence of confinement for life without eligibility for parole. Provides that only the President or the Secretary concerned may grant parole on appeal of denial of parole to an offender serving such a sentence.
Subtitle I: Other Matters - Directs any commanding officer or officer in charge who receives a complaint alleging sexual harassment by a member of the military or a civilian DOD employee to act appropriately on such complaint within 72 hours and to ensure that the complaint investigation is completed within 14 days. Requires specified reports from such officers, the department Secretaries receiving the forwarded complaints, and the Secretary.
(Sec. 592) Expresses the sense of the Senate that the CG should study and report to the Senate on any inequality in the treatment of men and women in the armed forces arising out of statutes or regulations.
(Sec. 593) Authorizes the Secretary concerned to allow a member of the armed forces or a civilian officer or employee of DOD or the Coast Guard to serve in a management capacity with specified military welfare societies and other authorized nonprofit entities.
(Sec. 594) Prohibits a member's participation in the provision of support and services to non-DOD organizations from being required to be submitted to a promotion selection board. Allows such board to consider any such information voluntarily submitted by the member.
(Sec. 595) Directs the CG to study and report on the nature, extent, and cost to DOD of the support and services being provided by units and members of the armed forces to non-DOD organizations and activities under DOD civil-military programs.
(Sec. 596) Establishes as a career field in the Army the Public Affairs Specialty.
(Sec. 597) Directs the Secretary and the JCS Chairman to ensure that each officer selected as a defense attache in France holds or is promotable to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half).
(Sec. 598) Directs the Secretary of the Air Force to study and report on the crew requirements for WC-130J aircraft to be procured as part of the aerial weather reconnaissance mission involving the eyewall penetration of tropical cyclones.
(Sec. 599) Restores certain Federal provisions relating to the status of missing persons (prisoners of war, missing in action) as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997, including: (1) making the provisions applicable to certain DOD civilians and contractors in direct support of or accompanying armed forces in the field; (2) requiring the theater component commander to receive a copy of the missing person report; (3) requiring a certification by a forensic pathologist as to the identity of a recovered body having no visual means of identification; (4) requiring that the identity of the counsel representing the missing person be made available to the next of kin or designated person; (5) requiring extracts of debriefing reports mentioning a missing person to be placed in the file of such person and made available to their family members; and (6) requiring notice of withheld classified information concerning a missing person to be made available to the family of such person.
Title VI: Compensation and Other Personnel Benefits - Subtitle A:
Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998.
(Sec. 602) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date.
(Sec. 603) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance).
(Sec. 604) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations.
(Sec. 605) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 614) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999.
(Sec. 616) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.)
(Sec. 617) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus.
(Sec. 618) Increases the variable and additional special pays for dental officers with specified years of creditable service.
(Sec. 619) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location.
(Sec. 621) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts.
(Sec. 622) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service.
(Sec. 623) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour.
(Sec. 624) Increases the special pay and bonuses authorized for nuclear qualified officers.
(Sec. 625) Authorizes the Secretary concerned to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation.
(Sec. 626) Increases from $75 to $100 the monthly family separation allowance.
(Sec. 627) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.)
Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences.
(Sec. 632) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status.
Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception.
(Sec. 642) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse.
(Sec. 643) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees.
(Sec. 644) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001.
(Sec. 645) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees.
Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment.
Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty.
(Sec. 652) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanographic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces.
(Sec. 653) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses.
(Sec. 654) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945.
(Sec. 655) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report.
Title VII: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan.
(Sec. 702) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease.
(Sec. 703) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity.
Subtitle B: TRICARE Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative.
Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements.
(Sec. 722) Requires a designated provider to be considered part of DOD for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement.
(Sec. 723) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees.
Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel.
(Sec. 732) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas.
(Sec. 733) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees.
(Sec. 734) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents.
(Sec. 735) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act.
(Sec. 736) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations.
(Sec. 737) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary.
(Sec. 738) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS.
(Sec. 739) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities.
Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services.
(Sec. 742) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding.
(Sec. 743) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force O&M funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect.
(Sec. 744) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication.
(Sec. 745) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception.
(Sec. 746) Directs the CG to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted).
(Sec. 749) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries.
(Sec. 750) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region.
(Sec. 751) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents.
(Sec. 752) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees.
Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness.
(Sec. 763) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness.
(Sec. 764) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care.
(Sec. 765) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation.
(Sec. 766) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects.
(Sec. 767) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation.
(Sec. 768) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards.
(Sec. 769) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses.
(Sec. 770) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions.
(Sec. 771) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Authorizes the Secretary or the Secretary concerned to enter into a contract for the procurement of severable services for a period that crosses fiscal years, as long as the contract period does not exceed one year.
(Sec. 802) Provides for vesting of title to the United States under contracts paid under partial or progress payment arrangements.
(Sec. 803) Authorizes the head of a defense agency to waive a restriction against entering into undefinitized contract actions when determined necessary in order to support a humanitarian or peacekeeping operation.
(Sec. 804) Prohibits the Secretary from paying a defense contractor for restructuring costs associated with a business combination unless the Secretary makes certain determinations with respect to DOD cost savings achieved because of such business combination. Requires annual reports from FY 1998 through 2002 concerning any restructuring costs paid. Requires a report from the CG to the defense and appropriations committees regarding any such costs and savings realized by such business combinations.
(Sec. 805) Authorizes the purchase by DOD of right-hand drive vehicles at a cost of up to $30,000 (currently $12,000) each.
(Sec. 806) Prohibits DOD from entering into any multiyear contract of $500 million or more unless the contract is specifically authorized by law in an Act other than an appropriations Act. Prohibits the head of a defense agency from initiating certain multiyear contracts in excess of $20 million unless the defense and appropriations committees are notified at least 30 days in advance of the award of the proposed contract. Provides additional multiyear contract authority limitations. Excludes from such limitations the National Aeronautics and Space Administration and the Coast Guard.
(Sec. 807) Directs the Defense Inspector General to audit and report on purchases of military clothing and related items in excess of the micro-purchase threshold by military installations during FY 1996 and 1997 to determine the extent of purchases in violation of the Buy American Act.
(Sec. 808) Makes unallowable as costs under a defense contract compensation costs of contractor senior executives which exceed the benchmark compensation amount determined under this section by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act. Makes an identical nonallowability amendment under the Federal Property and Administrative Services Act of 1949. Makes such amendments effective for compensation costs incurred after January 1, 1998.
(Sec. 809) Amends the Drug-Free Workplace Act of 1988 to remove a certification requirement for grants authorized under such Act.
(Sec. 810) Repeals Federal provisions prohibiting the Secretary concerned from adjusting the price under a shipbuilding contract to reflect an amount set forth in a claim or demand for payment under such contract arising out of certain contract events.
(Sec. 811) Authorizes the Secretary to waive, on an item-by-item and country-by-country basis, certain limitations on the procurement of non-U.S. goods.
Subtitle B: Acquisition Assistance Programs - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2000 the pilot mentor-protege program. Directs the CG to study and report to the defense committees on the program's implementation.
(Sec. 822) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 2000 a test program for the negotiation of comprehensive subcontracting plans.
Subtitle C: Administrative Provisions - Provides for the retention of amounts collected from a contractor as a result of claims made by a military department or defense agency under the Contract Disputes Act of 1978 during the pendency of any litigation concerning such claim. Directs the Under Secretary of Defense (Comptroller) to report annually on any such amounts available for obligation.
(Sec. 832) Prohibits disclosure for a five-year period of certain information submitted to DOD as part of the possible award of a cooperative agreement.
(Sec. 833) Revises content requirements with respect to limited selected acquisition reports and unit cost reports.
(Sec. 834) Directs the Secretary to develop and submit to the defense committees a plan for improving DOD responsiveness in providing contracting and technology development information to the general public and small businesses.
(Sec. 835) Extends through FY 1999 the authority to credit purchases from qualified nonprofit agencies for the blind or other severely handicapped toward meeting defense contractor subcontracting goals.
Subtitle D: Other Matters - Repeals various acquisition competition requirements and reports.
(Sec. 842) Extends through FY 2002 the authority of commercial entities to use DOD major range and test facility installations.
(Sec. 843) Directs the Secretary to develop and maintain a list of all firms and subsidiaries which are ineligible for defense contracts due to their foreign ownership and support of international terrorism. Allows: (1) individuals to request the Secretary to have additional entities included on such list; and (2) listed firms to request removal from the list on the basis of error or a significant change of circumstances. Prohibits listed firms from receiving DOD subcontracts in excess of $25,000.
(Sec. 844) Expresses the sense of the Congress that the Secretary should not disallow under DOD contracts certain costs associated with employee stock ownership plans.
(Sec. 845) Amends the National Defense Authorization Act for Fiscal Year 1996 to include among personnel eligible to participate in an acquisition workforce demonstration project those support personnel assigned to work directly with the workforce. Limits to 95,000 the total number of such participants.
(Sec. 847) Repeals Federal provisions requiring specified contractor guarantees with respect to major weapon systems.
(Sec. 848) Requires by October 1, 1998, at least 60 percent of all eligible DOD purchases for amounts less than the micro-purchase threshold to be made through streamlined micro-purchase procedures. Increases such percentage to 90 percent by October 1, 2000. Requires a plan and annual reports with respect to the implementation of such requirements.
(Sec. 849) Directs the Secretary concerned, upon presidential approval of a report of a selection board for the promotion above grade O-4 of a member of the Acquisition Corps of a military department, to submit a copy of such report to the Under Secretary of Defense for Acquisition and Technology for review. Requires a subsequent report from such Under Secretary to the defense committees.
(Sec. 850) Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to establish, maintain, and use procedures and processes that employ electronic commerce in the conduct and administration of its procurement system. Provides applicable standards, agency procedures, and implementation requirements. Repeals requirements for: (1) the implementation of a Federal acquisition computer network architecture (FACNET); (2) a GAO report on FACNET implementation; and (3) conditions for the use of simplified acquisition procedures in FACNET-related procurements. Requires DOD and the military departments and defense agencies, as well as the head of each executive agency, to implement such electronic commerce capability within their respective areas. Requires the designation of a program manager within each such department and agency to implement such capability.
(Sec. 851) Expresses as congressional policy that each executive agency head should achieve, on average, 90 percent of the cost, performance, and schedule goals established for major acquisition programs of that agency.
(Sec. 852) Amends the Clinger-Cohen Act of 1996 to revise the process requirements for the solutions-based contracting pilot program.
(Sec. 853) Directs the Secretary to develop guidance and standards to contract for defense acquisition workforce training while maintaining appropriate control over training content and quality.
(Sec. 854) Directs the Secretary to study and report to the Congress assessing U.S. dependence on foreign sources for resistors and capacitors.
(Sec. 855) Directs DOD and the Director of Federal Prison Industries to jointly study and report to the Senate defense and judiciary committees on the existing procurement procedures, regulations, and statutes governing procurement transactions between such entities.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Positions and Organizations and Other General Matters - Directs the Secretary to establish the positions of Assistant to the Chairman of the Joint Chiefs of Staff for: (1) National Guard Matters; and (2) Reserve Matters.
(Sec. 902) Authorizes the CINC Initiative Fund to be used for force protection.
(Sec. 904) Directs the Secretary to include in a required annual report any advisory committee that the Secretary proposes to support in the next fiscal year.
(Sec. 905) Directs the Secretary to reorganize the defense airborne reconnaissance functions within the Defense Airborne Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program Office. Requires a reorganization plan and the transfer of functions to the Secretaries of the military departments.
(Sec. 906) Terminates the Armed Services Patent Advisory Board and transfers its functions to the Defense Technology Security Administration.
(Sec. 907) Requires the heads of the military department criminal investigative and auditing organizations to coordinate and share investigative personnel, expertise, infrastructure, training, equipment, software, and other appropriate resources. Requires an implementation plan.
Subtitle B: Department of Defense Personnel Management - Provides for a phased reduction of the defense acquisition workforce between FY 1998 and 2001 so that, effective on October 1, 2002, such number does not exceed 75 percent of the number of such personnel as of October 1, 1997. Requires a five percent reduction during FY 1998 in the number of DOD management headquarters and management headquarters support personnel. Authorizes the Secretary to waive any defense acquisition workforce reduction in the national security interest. Requires an implementation report. Requires the Task Force on Defense Reform to include in its mission an examination of the missions and functions of the management headquarters and headquarters support personnel.
(Sec. 912) Requires a reduction during FY 1998 of 25,000 defense acquisition workforce personnel, allowing such number to be reduced to 10,000 upon certification by the Secretary. Directs the Secretary to submit to the Congress: (1) a report on reductions in such personnel made since FY 1989; and (2) a plan to streamline the DOD acquisition organizations, workforce, and infrastructure. Directs the Secretary to: (1) review DOD acquisition activities and personnel; and (2) require the Task Force on Defense Reform to examine the missions, functions, and responsibilities of the DOD acquisition organizations.
Subtitle C: Department of Defense Schools and Centers - Establishes in DOD a National Defense University made up of specified component institutions already in existence. Includes the Marine Corps University among the professional military education schools.
(Sec. 922) Includes within the National Defense University the Center for Hemispheric Defense Studies. Authorizes the Secretary to appoint and employ a Director and Deputy Director of such Center.
Subtitle D: Department of Defense Intelligence Matters - Directs the Secretary to transfer management and budget functions of the Tactical Intelligence and Related Activities aggregation to DOD officials outside of the intelligence community, along with the funding for such activities. Directs the Secretary to assess and report on the DOD policy used to determine the programs included in such aggregation.
(Sec. 932) Directs the Secretary to report on actions taken to ensure adequate coordination of operational intelligence support for the commanders of the combatant commands and deployed military units.
(Sec. 934) Requires the Director of Central Intelligence to provide analytical support on POW-MIA matters to all Federal departments and agencies involved with such matters.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1998 between any such authorizations for that fiscal year, with a total transfer limit of $2 billion. Requires congressional notification of any such transfers.
(Sec. 1002) Incorporates into this Act the Classified Annex prepared in conjunction with this Act and transmitted to the President.
(Sec. 1003) Authorizes the obligation and expenditure of amounts provided for DOD programs, projects, and activities in FY 1997 defense appropriations that are in excess of amounts provided in FY 1997 defense authorizations.
(Sec. 1004) Adjusts amounts authorized to DOD for FY 1997 by the amount by which appropriations pursuant to such authorization were increased or decreased in the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters and for Overseas Peacekeeping Efforts, Including Those in Bosnia.
(Sec. 1005) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase from $2 billion to $3.1 billion the amount authorized for transfer between authorizations.
(Sec. 1006) Allows Fisher House trust funds to be used only for the operation (currently, operation and maintenance) of Fisher Houses.
(Sec. 1007) Authorizes the Secretary to make final payments on DOD contracts that were entered into before December 5, 1990, and for which an unobligated balance that had been initially applied was cancelled before such date. Limits individual payments to an amount which is less than the micro-purchase threshold.
(Sec. 1008) Directs the Secretary to submit biannually to the Congress a strategic plan for improving financial management within DOD.
(Sec. 1009) Prescribes information required to be included by the Secretary in each future-years defense program with respect to the procurement of equipment and military construction for each of the reserve components. Provides for a conditional report with respect to such procurements.
(Sec. 1010) Expresses the sense of the Congress prohibiting, except in specific limited circumstances, the authorization of appropriations for reserve component modernization activities not included in a DOD budget request.
(Sec. 1011) Authorizes a contract for the procurement of certain capital assets (having development or acquisition costs of not less than $100,000) financed by a working-capital fund to be awarded in advance of the availability of funds in the working-capital fund. Allows advance billing of a customer of a working-capital fund to be made if the Secretary concerned notifies the Congress within 30 days after the end of the month in which such billing was made (with a waiver notification during a period of war, national emergency, or a contingency operation). Limits the total amount of such advance billings for FY 1998 and 1999.
(Sec. 1012) Authorizes the Secretary (currently, the CG) to waive certain time limitations for the settling of claims relating to military pay, allowances, and other benefits.
(Sec. 1013) Authorizes the Secretary concerned to pay claims for loss and damage to personal property suffered by military personnel residing in the vicinity of Grand Forks Air Force Base, North Dakota, as a direct result of flooding in the Red River Basin during April and May, 1997. Directs the Secretary to report on DOD policy regarding payment claims with respect to military personnel not assigned to U.S. quarters for losses and damage incurred due to a natural disaster.
(Sec. 1014) Authorizes DOD to make advance payments for public service utilities.
(Sec. 1015) Prohibits funds from this Act from being used for the United States Man and the Biosphere Program or related projects.
Subtitle B: Naval Vessels and Shipyards - Outlines procedures for the sale of vessels stricken from the Naval Vessel Register.
(Sec. 1022) Authorizes the Secretary of the Navy to contract for the long-term charter of a specified vessel in support of the Surveillance Towed-Array Sensor program.
(Sec. 1023) Authorizes the Secretary of the Army to transfer two obsolete Army tugboats to the Brownsville Navigation District, Texas.
(Sec. 1024) Requires a congressional review period with respect to the transfer of the decommissioned aircraft carriers U.S.S. Hornet and U.S.S. Midway.
(Sec. 1025) Authorizes the Secretary of the Navy to sell specified naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, the Taipei Economic and Cultural Representative Office in the United States, and Thailand. Requires such Secretary, as a condition of such sales, to require any pre-sale vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard.
(Sec. 1026) Directs the Secretary of the Navy, Administrator of the Maritime Administration, and EPA Administrator to each report on the implementation of the agreement between the Navy and the EPA concerning the export of naval vessels that may contain polychlorinated biphenyls.
(Sec. 1027) Authorizes the Secretary of the Navy (currently, the Secretary of Defense) to enter into shipbuilding capability preservation agreements (currently, defense capability preservation agreements). Directs such Secretary to: (1) establish application procedures and procedures for the expeditious consideration of such agreements; and (2) report to the defense and appropriations committees on applications for such agreements.
Subtitle C: Counter-Drug Activities - Requires National Guard participation in counter-drug activities to be directly related to military training and readiness. States that such participation should also be able to support designated youth and charitable organizations. Directs the Secretary to report annually on assistance provided and activities carried out under this section.
(Sec. 1032) Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority to provide certain support for counter-drug activities of Mexico.
(Sec. 1033) Authorizes the Secretary, during FY 1998 through 2002, to provide to either or both of the Governments of Peru and Colombia specified support for counter-drug activities. Provides funding (with both an FY 1998 and five-year obligation limit) and requires certain congressional certification and a 15-day waiting period before fund obligation or expenditure. Directs the Secretary to prepare for FY 1998 a riverine counter-drug plan involving such governments.
(Sec. 1034) Requires the Director of the Office of National Drug Control Policy to report to the Congress and the President on the development and deployment by Federal agencies of narcotics detection technologies.
Subtitle D: Miscellaneous Report Requirements and Repeals - Repeals various reports and reporting requirements under Federal armed forces provisions and prior defense authorization Acts.
(Sec. 1042) Directs the Secretary to report on the feasibility of transferring jurisdiction over units of the Modular Airborne Fire Fighting System from the Department of Agriculture to DOD.
(Sec. 1043) Expresses the sense of the Congress that: (1) the President should develop alternatives to the current arrangement for forward basing of U.S. armed forces outside the United States; and (2) a continued U.S. military presence in the Pacific Rim is vital to U.S. protection of interests there. Directs the Secretary to report to the defense committees on defense overseas infrastructure requirements.
(Sec. 1044) Adds to the information required to be provided by the CG with respect to audits, evaluations, investigations, and related work conducted within the General Accounting Office.
(Sec. 1045) Directs the Secretary to: (1) conduct a study of eye safety at military small arms firing ranges; and (2) develop a protocol for reporting eye injuries incurred during such activities.
(Sec. 1046) Directs the Secretary to report on: (1) the advisability of establishing a process for conducting a single, public investigation of each DOD aviation accident; and (2) assistance provided by DOD to families of casualties among DOD armed forces and civilian personnel. Requires a related review and report by the DOD Inspector General.
Subtitle E: Matters Relating to Terrorism - Requires the Director of the Office of Management and Budget to establish a Government-wide reporting system with respect to, and collect information on, the budgets and expenditures of executive departments and agencies for counter-terrorism and anti-terrorism programs and activities.
(Sec. 1052) Directs the Secretary to: (1) ensure that military personnel engaged in a peace operation are provided adequate troop protection equipment; (2) designate a DOD official responsible for ensuring such protection; and (3) report on DOD antiterrorism and personnel protection activities undertaken.
Subtitle F: Matters Relating to Defense Property - Requires the receipt of fair market value in the lease of non-excess personal property of the military departments. Requires the Secretary concerned to use competitive procedures in the leasing for more than one year of personal property the fair market value of which exceeds $100,000.
(Sec. 1062) Authorizes the Secretary, when it is considered to be advantageous to the United States, to lease to defense agencies personal property that is: (1) under the control of a defense agency; (2) not needed for public use; and (3) not excess property as defined under the Federal Property and Administrative Services Act of 1949. Requires the receipt of fair market value and the use of competitive procedures in the lease of property exceeding $100,000 in fair market value.
(Sec. 1063) Authorizes the Secretary concerned to donate to religious organizations certain excess property formerly housed in military chapels in order to assist such organizations in restoring or replacing property damaged or destroyed by acts of arson or terrorism.
(Sec. 1064) Authorizes the Secretary to provide to the Federal Republic of Germany any U.S. defense articles acquired under European air defense agreements.
(Sec. 1065) Authorizes the Secretary of the Army to sell to certain licensed manufacturers ammunition or ammunition components that are obsolete, unserviceable, or excess to the Army. Requires: (1) competitive procedures for such sales; and (2) the Director of the Army Audit Agency, during the first three years, to review and report on initial sales.
(Sec. 1066) Authorizes the Secretary of the Air Force to transfer to the Planes of Fame Museum, Chino, California, all rights and interest to the aircraft known as the "Picadilly Lilly."
(Sec. 1067) Directs the Secretary to report on DOD actions to address problems involved with the sale or other disposition of excess or surplus DOD materials.
Subtitle G: Other Matters - Allows the Secretary to authorize any special agent of the Defense Criminal Investigative Service to execute warrants and make arrests without warrants.
(Sec. 1072) Directs the Secretary to provide for an independent study by the National Academy of Public Administration of the policies, procedures, and practices of the military criminal investigative organizations with respect to the investigation of complaints of sex crimes and other criminal sexual conduct in the armed forces. Requires a report from the Academy to the Secretary, who shall submit it to the Congress.
(Sec. 1073) Makes technical and clerical amendments to Federal armed forces provisions, military pay provisions, prior defense authorization Acts, Federal employee provisions, and miscellaneous Acts.
(Sec. 1074) Urges the President, with respect to the Global Positioning System (GPS), to: (1) establish the GPS as a worldwide resource and protect it from disruption and interference; (2) eliminate barriers to peaceful GPS use; and (3) prohibit the United States from agreeing to any proposed international agreement involving nonmilitary GPS use until appropriate review by the Secretaries of Defense, Transportation, and Commerce. Prohibits FY 1998 funds from being used to support the O&M or enhancement of a satellite navigation system operated by a foreign country. Directs the: (1) Secretary to provide for the sustainment of GPS capabilities and the operation of basic GPS services beneficial to U.S. national security; (2) Secretaries of Defense and Transportation to jointly prepare and publish the Federal Radionavigation Plan; and (3) Secretary to submit biennial GPS reports to the defense committees.
(Sec. 1075) Authorizes the Secretary to protect from public disclosure any safety-related information voluntarily provided by an air carrier.
(Sec. 1076) Authorizes the Secretary to conduct a National Guard civilian youth opportunities program under which the National Guard is used to provide military-based training to civilian youth who cease to attend secondary school before their graduation. Limits to $50 million the per-year Federal expenditure for such program. Requires matching State funds in specified amounts.
(Sec. 1077) Prohibits the Secretary concerned, or the Secretary of Transportation with respect to the Coast Guard when not operating under the Navy, from providing military honors at the funeral of a person who has been convicted of a crime under Federal or State law for which the person was sentenced to death or life imprisonment without parole. Prohibits a person convicted of a capital offense under Federal or State law from being buried in a national military cemetery.
(Sec. 1078) Prohibits the Secretary, either directly or by contract, from conducting tests or experiments using chemical or biological agents on human subjects (with exceptions). Allows the Secretary to conduct such a test or experiment if informed consent is obtained. Requires: (1) the Secretary to notify the defense committees 30 days before conducting any such test or experiment; and (2) information concerning such tests to be included in an annual report required under a prior defense authorization Act.
(Sec. 1079) Prohibits a military flight operation from being treated as a transportation program held on or over public land requiring prior approval by the Secretary of Transportation.
(Sec. 1080) Amends the Immigration and Nationality Act to provide for the naturalization of foreign national service members who reenlist on board a noncommercial vessel owned and operated by the United States.
(Sec. 1081) Makes certain Federal pay authorities inapplicable to Federal annuitants or former military personnel who are members of the National Defense Panel or the Commission on Servicemembers and Veterans Transition Assistance.
(Sec. 1082) Requires the POW-MIA flag to be displayed each year on POW-MIA flag days at specified Federal buildings, memorials, national cemeteries, Department of Veterans Affairs medical centers, and post offices.
(Sec. 1083) Authorizes the Secretary to conduct a program to commemorate the 50th anniversary of the Korean Conflict. Establishes the Department of Defense Korean Conflict Commemoration Account and requires the Secretary to report on Account funds. Authorizes the Secretary to accept voluntary services for the program. Limits to $100,000 the total authorized program expenditures.
(Sec. 1084) Directs the Secretary to prepare and provide to appropriate individuals a certificate recognizing the Cold War service of military personnel and civilian personnel of DOD and other Federal agencies.
(Sec. 1085) Expresses the sense of the Congress that: (1) no statutory charter should be granted unless approved by the Congress upon favorable report from the committees of jurisdiction; and (2) the Secretary should review how best to protect the right of military personnel to vote in Federal, State, and local elections while taking into account the right of States to prescribe voter registration requirements.
(Sec. 1087) Designates Bob Hope as an honorary veteran of the U.S. armed forces.
(Sec. 1088) Extends through FY 2002 the aviation insurance program.
Title XI: Department of Defense Civilian Personnel - Directs the Secretaries of the military departments and the heads of the defense agencies to report annually to the defense committees on the management of the civilian workforce under their jurisdiction.
(Sec. 1102) Provides veterans' preference status for individuals who served on active duty during the Persian Gulf War between August 2, 1990, and January 2, 1992.
(Sec. 1103) Repeals a provision requiring the Secretary to ensure the placement in the competitive service, within six months after separation from military service, of technicians who were involuntarily separated after at least 15 years of retirement-creditable service.
(Sec. 1104) Revises the pay rate for DOD overseas teachers upon their transfer to a General Schedule position with the Government.
(Sec. 1105) Authorizes a Federal agency's administrative costs in executing a garnishment action to be added to the garnishment amount (paid by the Federal employee involved).
(Sec. 1106) Requires DOD to remit to the Office of Personnel Management 15 percent of the final basic pay of an individual who agrees to be separated from the armed forces under the DOD voluntary separation incentive program. Requires such remittance to be credited to the Civil Service Retirement and Disability Fund. Extends the incentive program through FY 2001.
(Sec. 1107) Requires each Federal agency, when making payments for expenses incurred by Federal employees engaged in official business, to ensure that not less than 90 percent of the commercial lodging room nights for employees of that agency are booked in approved fire-safe places of public accommodation. Requires the Federal Emergency Management Agency to prepare and maintain a national fire-safe hotel master list. Directs the Administrator of General Services to report on the accommodation procedures established by each agency.
(Sec. 1108) Authorizes the Secretary of the Navy, during FY 1998 through 2002, to establish and conduct a pilot program to educate employees of the Naval Undersea Warfare Center, the Naval Sea Systems Command, and the Acquisition Center for Excellence of the Navy in the administration of Federal contracts and other business relationships with the private sector. Allows program funds to be derived only from Navy O&M funds for that fiscal year.
(Sec. 1109) Authorizes the Marine Corps University to employ civilian professors.
Title XII: Matters Relating to Other Nations - Subtitle A: United States Armed Forces in Bosnia and Herzegovina - Expresses the sense of the Congress opposing the participation of U.S. ground combat forces in a follow-on force in Bosnia and Herzegovina after June 1998 and proposing a European Security and Defense Identity, NATO-led, or Western European-led follow-on force in such area with other U.S. support. Prohibits FY 1998 or subsequent DOD funds from being used to deploy U.S. combat forces in Bosnia and Herzegovina after such date unless the President makes certain certifications concerning the national security necessity of such forces.
(Sec. 1204) Directs the Secretary to submit two reports regarding activities and tasks carried out by U.S. forces assigned to the Stabilization Force (a multinational peacekeeping force).
(Sec. 1205) Directs the President to report on the political and military conditions in Bosnia and Herzegovina.
Subtitle B: Export Controls on High Performance Computers - Directs the President to require that no digital computer with a composite theoretical performance level of more than 2,000 million theoretical operations per second (supercomputer) or other performance level as established by the President may be exported or reexported without a license to a country listed in the Code of Federal Regulations as a Computer Tier 3 country if any of the Secretary of Defense, Energy, or State or the Director of the Arms Control and Disarmament Agency objects. Provides time limitations and allows the President to adjust the requisite computer performance levels. Authorizes countries to be added to or deleted from the Tier 3 list.
(Sec. 1212) Directs the President to report to specified congressional committees identifying supercomputer exports to all countries since January 25, 1996. Requires additional information concerning exports to Tier 3 countries.
(Sec. 1213) Requires post-shipment verification of supercomputers sold to Tier 3 countries, along with an annual report from the Secretary of Commerce to specified congressional committees on such verifications.
(Sec. 1214) Directs the CG to submit to specified congressional committees a study of the national security risks relating to the sale of supercomputers to Tier 3 countries.
Subtitle C: Other Matters - Directs the President to seek to have each nation that has cooperative military relations with the United States take one or more specified actions designed to have such nation assume a greater share of the common defense burden. Authorizes the President to take certain measures (including, reducing U.S. troops in such country or imposing fees) to encourage such nations to take such burdensharing actions. Requires: (1) the Secretary to report on progress made in increasing allied burdensharing; and (2) the President to report on the status of elements of U.S. armed forces that are permanently stationed outside the United States.
(Sec. 1223) Expresses the sense of the Congress that the analysis of the North Atlantic Alliance of the military requirements and financial costs relating to NATO enlargement will be one of the major factors in the Senate consideration of ratification of new members to NATO and the authorization of appropriations to fund NATO enlargement costs. Requires a report from the Secretary concerning such costs for DOD.
(Sec. 1224) Expresses the sense of the Congress that: (1) NATO should be commended for having committed in 1999 to review NATO enlargement and for singling out the positive developments toward democracy and rule of law in Romania and Slovenia; and (2) the United States should maintain at least 100,000 U.S. military personnel in the East Asia and Pacific region until there is a peaceful and permanent resolution to the major security and political conflicts there.
(Sec. 1226) Directs the Secretary to report on the pattern of military modernization of the People's Republic of China.
(Sec. 1227) Expresses the sense of the Congress that Russia should provide the United States with a written explanation of the principal and secondary purposes of the Yamantau Mountain project and allow U.S. inspection of such facility.
(Sec. 1228) Directs the Secretary to review, assess, and report to the defense committees on Cuban military capabilities and the threats to U.S. national security posed by Fidel Castro and Cuba.
(Sec. 1229) Directs the President to report to the defense and appropriations committees on the Helsinki Joint Statement on future reductions in nuclear forces.
(Sec. 1230) Commends the Mexican Government on the free and fair conduct of their elections and congratulates Mexico President Zedillo for his support and participation in such elections.
(Sec. 1231) Calls for an end to violence in Cambodia, the restoration of democracy, the safety of U.S. citizens there, and a suspension of U.S. assistance until such violence ends.
(Sec. 1232) Commends British Hong Kong Governor Christopher F. Patten.
Title XIII: Arms Control and Related Matters - Directs the President to report concerning the detargeting of Russian strategic missiles.
(Sec. 1302) Prohibits FY 1998 DOD funds from being obligated or expended for retiring or dismantling specified U.S. bomber aircraft and ballistic missiles, with a waiver if the START II Treaty enters into force during such fiscal year. Prohibits the funding of a substantial early deactivation of a strategic nuclear delivery system until 30 days after a report from the President. Provides further limits on FY 1998 U.S. strategic force reduction. Directs the Secretary to submit a plan for the sustainment beyond October 1, 1999, of U.S. strategic nuclear delivery systems and alternative START Treaty force structures in the event that a strategic arms reduction agreement subsequent to the START Treaty does not enter into force before 2004.
(Sec. 1303) Authorizes DOD's On-Site Inspection Agency, upon request of the facility's owner or operator, to provide technical assistance to a facility that is subject to a routine or challenge inspection under the Chemical Weapons Convention.
(Sec. 1304) Authorizes the Secretary, in the national interest, to transfer amounts made available under this Division to certain counterproliferation programs, projects, and activities. Limits to $50 million the total amount of such transfers.
(Sec. 1305) Amends the National Defense Authorization Act for Fiscal Year 1997 to require the President (currently, only the defense committees) to receive certain reports from the directors of nuclear weapons laboratories on problems with the nuclear weapons stockpile. Allows any member of the Joint Nuclear Weapons Council or the commander of the U.S. Strategic Command to submit to the President, the Secretary of Defense or Energy, or the defense or appropriations committees advice or opinions with regard to the nuclear stockpile.
(Sec. 1306) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend until 30 days after the enactment of this Act the time period for completion of the responsibilities of the Commission to Assess the Ballistic Missile Threat to the United States.
(Sec. 1307) Expresses the sense of the Congress that the President should: (1) ensure that the United States is able to construct and operate necessary facilities for the destruction of the U.S. stockpile of lethal chemical agents and munitions as required under the Chemical Weapons Convention; and (2) encourage Federal-State negotiations to meet concerns about compliance with Federal and State environmental laws and actions being taken to carry out such demilitarization.
(Sec. 1308) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 certain nuclear counterproliferation authorities.
(Sec. 1309) Expresses the sense of the Congress that the United States should: (1) not implement any moratorium on the use of antipersonnel landmines that would endanger U.S. military personnel or undermine their military effectiveness; and (2) pursue the development of alternatives to such landmines. Requires an annual report from the Secretary to the defense and appropriations committees concerning such landmines.
Title XIV: Cooperative Threat Reduction With States of Former Soviet Union - Specifies the programs that qualify as Cooperative Threat Reduction (CTR) programs. Provides the FY 1998 funding allocations for specified CTR programs and allows the Secretary to vary such amounts in the national interest (after congressional notification). Provides a limited waiver of a 115 percent cap on such obligations in excess of amounts authorized for FY 1996 and 1997 under a prior defense authorization Act. Specifies prohibited uses of CTR program funding, including: (1) conducting any peacekeeping activity with Russia; (2) housing; (3) environmental restoration; (4) job retraining; or (5) defense conversion.
(Sec. 1404) Prohibits any FY 1998 CTR funds from being obligated or expended for: (1) strategic offensive arms elimination projects in Russia under the START II Treaty until 30 days after the Secretary makes a certain certification to the Congress; (2) planning and design of a chemical weapons destruction facility until 15 days after a conditional notification from the Secretary to the Congress concerning Russian agreement for the destruction of such weapons in Russia; (3) chemical weapons destruction activities until receipt by the Congress of a written presidential certification concerning Russian progress toward such destruction; (4) planning, design, or construction of a storage facility for Russian fissile material until 15 days after a conditional date regarding Russian agreement concerning the costs and availability for inspection of such a facility; and (5) weapons storage security activities in Russia until 15 days after the Secretary reports on the status of U.S.-Russia negotiations on audits and examinations with respect to such security.
(Sec. 1409) Directs the Secretary to report on issues regarding the payment of taxes, duties, and other assessments on assistance provided to Russia under CTR programs.
(Sec. 1410) Makes funds appropriated for CTR programs available for obligation for three fiscal years.
Title XV: Federal Charter for the Air Force Sergeants Association - Recognizes and grants a Federal charter to the Air Force Sergeants Association, a nonprofit organization formed to help maintain a highly dedicated and professional corps of enlisted personnel within the Air Force. Requires the organization to report annually on its activities.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1998 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California.
Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army.
(Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts.
(Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2405) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2407) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California.
(Sec. 2408) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2602) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana.
(Sec. 2603) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects.
(Sec. 2706) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies.
(Sec. 2802) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million.
(Sec. 2803) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida, area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts.
(Sec. 2804) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings.
(Sec. 2805) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities.
Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold.
(Sec. 2812) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification.
(Sec. 2813) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions.
(Sec. 2814) Prohibits the Secretary concerned from conveying any real property unless the GSA Administrator has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances.
(Sec. 2815) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah.
(Sec. 2816) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland.
Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned.
(Sec. 2822) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services.
(Sec. 2823) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws.
(Sec. 2824) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round.
(Sec. 2825) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems.
(Sec. 2826) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition.
Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot.
(Sec. 2838) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant.
(Sec. 2839) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina.
Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay.
(Sec. 2853) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian.
Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order.
(Sec. 2862) Authorizes the Secretary of the Air Force to convey to:
(1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor.
(Sec. 2867) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina.
Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained.
(Sec. 2872) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative.
(Sec. 2873) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, the late Representative from Texas.
(Sec. 2874) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible.
Title XXIX: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans.
(Sec. 2906) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose.
(Sec. 2907) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans.
(Sec. 2908) Authorizes multiyear cooperative agreements for plan implementation.
(Sec. 2909) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands.
(Sec. 2910) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance.
(Sec. 2914) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1998 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; and (4) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs.
(Sec. 3129) Directs the Secretary to empower each DOE field office manager with authority during FY 1998 to transfer defense environmental management funds among programs or projects under the jurisdiction of such office. Allows one transfer of not to exceed $5 million to or from any program or project in a fiscal year. Requires the Secretary to notify the Congress of any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Directs the Secretaries of Energy and Defense to enter into a memorandum of understanding for improving and facilitating the use by the Secretary of Defense of the expertise of the national laboratories for DOD ballistic missile defense programs.
(Sec. 3132) Authorizes the Secretary to enter into defense environmental privatization contracts. Requires the Secretary to provide the defense and appropriations committees with a detailed justification and analysis of costs and fees associated with such contracts and to wait 30 days after such notification before entering into such a contract. Limits contract cost variations.
(Sec. 3133) Prohibits, with exceptions, FY 1998 DOE funds from being used for activities associated with international cooperative stockpile stewardship.
(Sec. 3134) Earmarks funds authorized in this Division for: (1) the DOE modernization of the enduring nuclear weapons complex; (2) activities related to tritium production to meet stockpile requirements; and (3) the processing, treatment, and disposition of spent nuclear fuel rods and other materials at the Savannah River Site.
Requires a report with respect to (1) and (2).
(Sec. 3137) Prohibits the use of DOE weapons activities funds after FY 1997 for DOE laboratory-directed research and development (R&D), or any DOE technology transfer program or cooperative R&D agreement, unless such activities support DOE's national security mission, environmental restoration or waste management mission, or materials stabilization mission. Limits FY 1998 funding for such R&D until receipt by the defense and appropriations committees of a related report required under a previous defense authorization Act. Requires in such report an assessment of necessary R&D funding.
(Sec. 3138) Authorizes the Secretary to dispose of certain nuclear assets and to retain asset proceeds to defray disposal costs. Requires a report from the Secretary to the defense and appropriations committees on proceed amounts realized during FY 1998.
(Sec. 3139) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a requirement that the EPA Administrator conduct a study on the effect of appointment by the Secretary of certain scientific, engineering, and technical personnel on the conduct of remedial actions at sites listed on the National Priorities List; and (2) extend through FY 1999 the authority of the Secretary to make such appointments.
(Sec. 3140) Prohibits the Secretary from conducting any subcritical nuclear weapons tests using FY 1998 DOE funds until submitting to the defense committees a detailed report on the use of FY 1996 and 1997 funds for such tests.
(Sec. 3141) Prohibits the Secretary from using more than 80 percent of available DOD policy and management funds until certain future use plans are submitted pursuant to the FY 1997 defense authorization Act.
Subtitle D: Other Matters - Directs the Secretary to develop and annually update a plan for maintaining the nuclear weapons stockpile.
(Sec. 3152) Repeals various obsolete reporting requirements under the Atomic Energy Act and prior defense authorization Acts.
(Sec. 3153) Directs the Secretary to study the effects of workforce restructuring plans for defense nuclear facilities developed under the National Defense Authorization Act for Fiscal Year 1993. Requires a semiannual report on all local impact assistance provided under such Act.
(Sec. 3154) Directs the Secretary to: (1) report on the external oversight of the national laboratories; and (2) establish a university-based collaborative program to coordinate national laboratory, university, and industry cooperation in support of scientific and engineering advancement in key DOE defense and national security program areas
(Sec. 3156) States that activities of the stockpile stewardship program should be: (1) directed toward ensuring that the United States possesses a safe, secure, effective, and reliable nuclear stockpile; and (2) conducted in conformity with applicable nonproliferation and test ban treaties.
(Sec. 3157) Directs the Secretary to require that any company participating in DOE's Accelerated Strategic Computing Initiative report quarterly to the Secretary and the Secretary of Defense on each sale of a supercomputer made to a designated Tier III country.
(Sec. 3158) Directs the Secretary to prescribe regulations for the sale or transfer of excess real property at DOE nuclear facilities, requiring 30 days' prior notification to the defense and appropriations committees. Authorizes the Secretary, under specified conditions, to indemnify any entity receiving such property against any claim for injury resulting from DOE activities at the nuclear facility.
(Sec. 3159) Amends the National Defense Authorization Act for Fiscal Year 1997 to direct the Secretary to delegate to the Hanford Reservation Site Manager during FY 1998 the authority to oversee and direct environmental management operations. Allows the Secretary to withdraw such delegated authority under specified conditions.
(Sec. 3161) Directs the Secretary to establish the Department of Energy Security Management Board for advice on matters relating to DOE security functions. Terminates such Board on October 31, 2000.
(Sec. 3162) Directs the Secretary to submit annually to the defense and appropriations committees a report on the status of safeguards and security of domestic nuclear weapons facilities.
(Sec. 3163) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise the authority of, and extend certain report deadlines for, the Commission on Maintaining United States Nuclear Weapons Expertise.
(Sec. 3164) Directs the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over specified real property at the Bandalier National Monument, New Mexico.
(Sec. 3165) Directs the Secretary to convey certain Federal land to Los Alamos County, New Mexico, and to the Secretary of the Interior in trust for the Pueblo of San Ildefonso for historic, cultural, or environmental preservation, economic diversification, or community self-sufficiency. Requires a report to the defense and appropriations committees identifying the parcels to be conveyed and related information. Makes such conveyance a final settlement of DOE community assistance payments to such County under the Atomic Energy Community Act of 1955.
(Sec. 3166) Expresses the sense of the Congress that the Y-12 Plant in Oak Ridge, Tennessee, should be used as a national prototype center.
(Sec. 3167) Earmarks DOE funds for: (1) payment to a nonprofit educational foundation for educational enrichment activities in the public schools around the Los Alamos National Laboratory; and (2) improvements to Greenville Road in Livermore, California.
(Sec. 3169) Requires a report from the Secretary: (1) assessing how DOE could carry out a transition from a no-year funding system to a limited-period funding system; and (2) on information in response to specified questions concerning the Formerly Utilized Sites Remedial Action Program.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1998 for the Defense Nuclear Facilities Safety Board (Board).
(Sec. 3202) Directs the Board to prepare a report and make recommendations on its role in DOE's decision to establish external regulation of defense nuclear facilities.
Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1998, to obligate up to $73 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3303) Authorizes the NDS Manager to dispose of all beryllium copper master alloy from the NDS as part of NDS modernization after certifying that it will not adversely affect the NDS cabability to supply strategic and critical material needs.
(Sec. 3304) Directs the NDS Manager to dispose of 34,800 short tons of excess NDS titanium sponge.
(Sec. 3305) Directs the President to dispose up to a specified amount of NDS cobalt so that specified receipts are achieved in each of FY 2003 through 2007.
(Sec. 3307) Directs the Secretary of the Treasury, upon request of the Secretary of Defense, to return to such Secretary NDS platinum loaned to the Treasury Department. Provides for a transfer of funds in lieu of the return of the platinum.
Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1998 for activities relating to the naval petroleum reserves.
(Sec. 3402) Requires FY 1998 sales of petroleum produced at Naval Petroleum Reserves Number 1, 2, and 3 to be at not less than 90 percent of the current sales price. Terminates a Federal law providing for the assignment of Navy officers to management positions within the Office of Naval Petroleum and Oil Shale Reserves. Transfers from the Secretary to the Secretary of the Interior administrative jurisdiction over public domain lands included within Oil Shale Reserve Number 1 and included within the undeveloped tracts of Oil Shale Reserve Number 3. Requires the eventual transfer of public domain lands within the developed tracts of Number 3. Authorizes the Secretary of the Interior to lease such transferred areas for the exploration, development, and production of petroleum, under specified conditions.
Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Expenditures from Revolving Fund - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1998, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties.
Subtitle B: Facilitation of Panama Canal Transition - Panama Canal Transition Facilitation Act of 1997 - Part I: Transition Matters Relating to Commission Officers and Employees - Consents to the acceptance by the Administrator of the Commission of appointment by the Republic of Panama as Administrator of the Panama Canal Authority (such Authority to become the successor to the Commission on December 31, 1999, when Canal ownership is transferred from the United States to Panama). Waives certain: (1) conflict-of-interest provisions with respect to the Administrator; and (2) post-employment restrictions for current Commission personnel who become Authority employees after the Canal transfer date. Consents to Authority employment for retired military personnel, reserve personnel, and members of the Commissioned Reserve Corps of the Public Health Service.
Repeals current Commission limitations on establishing compensation levels for Commission officers and employees.
(Sec. 3524) States that Commission personnel travel, transportation, and subsistence expenses shall no longer be subject to Federal travel regulations.
(Sec. 3525) Authorizes the Commission to pay a recruitment bonus to a newly appointed individual, or a relocation bonus to a current Commission employee who must move, if: (1) the Commission determines that it would have difficulty in filling such a position absent such bonus; or (2) the employee has unusually high or unique qualifications.
(Sec. 3526) Authorizes transition separation incentive payments for Commission personnel.
(Sec. 3527) Provides for Commission personnel collective bargaining rights and required labor-management negotiations.
(Sec. 3528) Makes funds from the Panama Canal Revolving Fund available for severance pay for certain employees separated by the Authority after the Canal transfer date.
Part II: Transition Matters Relating to Operation and Administration of Canal - Amends the Panama Canal Act of 1979 to direct the Commission to establish by regulation a comprehensive procurement system to be known as the Panama Canal Acquisition Regulation.
Directs the Secretary of Defense to establish the Panama Canal Board of Contract Appeals with exclusive jurisdiction to decide an appeal from a decision of a contracting officer. Requires such Board to be functional no later than January 1, 1999.
(Sec. 3543) Reduces from two years to one year after the date of the alleged injury the time limit for the filing of claims with the Commission.
(Sec. 3544) Authorizes the Commission to: (1) set a separate toll rate for small vessels; (2) appoint U.S. citizens as notaries public; and (3) conduct and promote commercial activities related to Canal management, operation, or maintenance.
(Sec. 3548) Transfers from the President to the Commission certain regulatory functions relating to Commission employment classification appeals.
Title XXXVI: Maritime Administration - Authorizes appropriations for FY 1998 for the Department of Transportation for the Maritime Administration.
(Sec. 3603) Amends the Merchant Marine Act, 1936 to: (1) exempt a self-propelled tanker operated by a contractor in a noncontiguous domestic trade from certain restrictions concerning the building, rebuilding, or documentation of a vessel in a foreign country; and (2) authorize a contractor agreeing to make a vessel or vessel capacity available under a sealift readiness program to operate or employ in foreign commerce a foreign-flag vessel or vessel capacity as a temporary replacement.
(Sec. 3605) Authorizes the Secretary of Transportation to transfer to the Artship Foundation of Oakland, California, all rights and interest to the vessel Golden Bear for use as a multicultural center for the arts.
(Sec. 3606) Authorizes the Secretary, under specified conditions, to waive certain vessel gross tonnage requirements for ship owners who agree to have the gross tonnage of their ship reduced in a U.S. shipyard when such reduction will significantly reduce the risk of oil discharge.