[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 450 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 450
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 1998 and 1999, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 1997
Mr. Thurmond (for himself and Mr. Levin) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 1998 and 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal years 1998 and 1999, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Years 1998 and 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--PROCUREMENT
Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Transfer from the National Defense Stockpile Transaction
Fund.
Sec. 109. National Guard and Reserve Component Equipment: Annual Report
to Congress.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
Sec. 202. Permanent authority to provide for use of test and evaluation
installations by commercial entities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from the National Defense Stockpile Transaction
Fund.
Sec. 306. Repeal of Defense Business Operations Fund.
Subtitle B--Environmental Provisions
Sec. 311. Amendments to authority to enter into agreements with other
agencies in support of environmental
technology certification.
Sec. 312. Storage and disposal of nondefense toxic and hazardous
materials.
Subtitle C--Other Matters
Sec. 321. Programs to commemorate the 50th anniversaries of the
Marshall Plan and the Korean War.
Sec. 322. Admission of civilian students to the Naval Post Graduate
School.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorization for personnel to serve in the management of
non-federal entities.
Sec. 502. Modifying selection board eligibility.
Sec. 503. Limitations on promotion consideration eligibility.
Sec. 504. Authority to permit non-unit assigned officers to be
considered by Vacancy Promotion Board to
general officer grades and for officers to
be considered by a Vacancy Promotion Board
to general officer grades when not serving
in the higher graded position.
Sec. 505. Exclusion of certain retired members from the limitation on
the period of recall to active duty.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Authorization for the Naval Postgraduate School to admit
enlisted members of the U.S. Naval Service,
Army, Air Force, and Coast Guard as
members.
Sec. 512. Scope of participation in Community College of the Air Force.
Subtitle C--Reserve Personnel Policy
Sec. 521. Correction to retire grade, general rule concerning
nonregular service.
Sec. 522. Grade requirement of Involuntary Separation Board
composition.
Subtitle D--Education Policy
Sec. 531. Protection of Educational Assistance Program entitlements for
selected reserve members serving on active
duty in support of a contingency operation.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1998.
Sec. 602. Change in requirements for pay of ready reserve muster duty
allowance.
Subtitle B--Bonuses and Special Pays
Sec. 611. Nuclear qualified officers: Bonuses and special pay
Sec. 612. Incentive for enlisted members to extend tours of duty
overseas.
Sec. 613. Amendments to Selected Reserve reenlistment bonus.
Sec. 614. Amendments to Selected Reserve prior service enlistment
bonus.
Subtitle C--Allowances
Sec. 621. Travel and transportation allowances for dependents prior to
approval of a member's court-martial
sentence.
Sec. 622. Variable housing allowance at location of residence after a
close proximity move.
Subtitle D--Other Matters
Sec. 631. Authorization for reimbursement of tax liabilities incurred
by participants in the F. Edward Hebert
Armed Forces Health Professions Scholarship
Program.
Sec. 632. Authorization for increased stipend payments made under the
F. Edward Hebert Armed Forces Health
Professions Scholarship Program.
TITLE VIII--HEALTH CARE PROVISIONS
Sec. 701. Repeal of the statutory restriction on use of funds for
abortions.
Sec. 702. Expanding the limits imposed on providing prosthetic devices
to military health care beneficiaries.
TITLE VIII--REPEAL OF ACQUISITION REPORTS AND ACQUISITION POLICY
Subtitle A--Repeal of Certain Acquisition Reports
Sec. 801. Repeal of acquisition reports required by Defense
Authorization Acts.
Sec. 802. Repeal of extraneous acquisition reporting requirements.
Subtitle B--Acquisition Policy
Sec. 811. Use of single payment date for mixed invoices.
Sec. 812. Retention of expired funds during the pendency of contract
litigation
Sec. 813. Expanding the authority to cross fiscal years to all
severable service contracts not exceeding a
year.
Sec. 814. Small arms weapons procurement objectives for the Army.
Sec. 815. Availability of simplified procedures to commercial item
procurements.
Sec. 816. Unit cost reports.
Sec. 817. Repeal of additional documentation requirement for
competition exception for international
agreements.
Sec. 818. Elimination of drug-free workplace certification requirement
for grants.
Sec. 819. Vestiture of title.
Sec. 820. Undefinitized contract actions.
Sec. 821. Authority of directors of Department of Defense agencies to
lease non-excess property.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Amendment to frequency of providing policy guidance for
contingency plans.
Sec. 902. Revision of membership terms for Strategic Environmental
Research and Development Program Scientific
Advisory Board.
Sec. 903. Closure of the Uniform Services University of the Health
Sciences.
Sec. 904. Repeal of requirement to operate Naval Academy Dairy Farm,
Gambrills, Maryland.
Sec. 905. Inclusion of Information Resources Management College in the
National Defense University.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Two-year extension of counterproliferation authorities.
Subtitle B--Naval Vessels
Sec. 1010. Negotiating sales of vessels stricken from the naval
register.
Sec. 1011. Authority to charter vessel for longer than five years in
support of surveillance towed array sensor
(SURTASS) Program.
Sec. 1012. Eighteen month shipbuilding claims.
Subtitle C--Other Matters
Sec. 1020. Arrest authority for special agents of the Defense Criminal
Investigative Service.
Sec. 1021. Access to pre-accession offender records.
Sec. 1022. Extension of authority to provide additional support for
counter-drug activities of Mexico.
Sec. 1023. Asia-Pacific Center for Security Studies.
Sec. 1024. Protection of certain imagery and geospatial information and
data.
Sec. 1025. National Guard Civilian Youth Opportunities Pilot Program.
Sec. 1026. Repeal of Annual Department of Defense Convention Standoff
Weapons Master Plan and Report on Standoff
Munitions.
Sec. 1027. Revisions to the Ballistic Missile Defense Act of 1995.
Sec. 1028. Repeal of reporting requirements, special operations forces:
Training with friendly foreign forces.
Subtitle Subtitle D--Military Construction Provisions
Sec. 1031. Authority for the Secretary of the Army to construct a
heliport at Fort Irwin, California.
Sec. 1032. Repeal of reports required by Military Construction
Authorization Acts.
Sec. 1033. Financial incentive for energy savings.
Sec. 1034. Water conservation financial incentives.
Sec. 1035. Privatization of Government owned utility systems.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Extension of voluntary separation incentive pay
authorization.
Sec. 1102. Elimination of time limitation for placement consideration
of involuntary separated reserve
technicians.
Sec. 1103. Pay practices when overseas teachers transfer to general
schedule positions.
Sec. 1104. Citizenship requirements for staff of the George C. Marshall
Center for Security Studies.
Sec. 1105. Preservation of civil service rights for employees of the
former Defense Mapping Agency.
Sec. 1106. Authorization for the Marine Corps University to employ
civilian professors.
TITLE I--PROCUREMENT
Authorization of Appropriations
SEC. 101. ARMY.
(a) Aircraft.--Funds are hereby authorized to be appropriated for
procurement of aircraft for the Army as follows:
(1) $1,162,459,000 for fiscal year 1998.
(2) $1,240,541,000 for fiscal year 1999.
(b) Missiles.--Funds are hereby authorized to be appropriated for
procurement of missiels for the Army as follows:
(1) $1,178,151,000 for fiscal year 1998.
(2) $1,541,375,000 for fiscal year 1999.
(c) Weapons and Tracked Combat Vehicles.--Funds are hereby
authorized to be appropriated for procurement of weapons and tracked
combat vehicles for the Army as follows:
(1) $1,065,707,000 for fiscal year 1998.
(2) $1,475,106,000 for fiscal year 1999.
(d) Ammunition.--Funds are hereby authorized to be appropriated for
procurement of ammunition for the Army as follows:
(1) $890,902,000 for fiscal year 1998.
(2) $975,973,000 for fiscal year 1999.
(e) Other Procurement.--Funds are hereby authorized to be
appropriated for procurement of ammunition for the Army as follows:
(1) $2,455,030,000 for fiscal year 1998.
(2) $3,139,830,000 for fiscal year 1999.
SEC. 102. NAVY AND MARINE CORPS.
(a) Aircraft.--Funds are hereby authorized to be appropriated for
procurement of aircraft for the Navy as follows:
(1) $6,085,965,000 for fiscal year 1998.
(2) $7,669,355,000 for fiscal year 1999.
(b) Weapons.--Funds are hereby authorized to be appropriated for
procurement of weapons (including missiles and torpedoes) for the Navy
as follows:
(1) $1,136,293,000 for fiscal year 1998.
(2) $1,435,740,000 for fiscal year 1999.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for ammunition for the Navy and Marine Corps as
follows:
(1) $336,797,000 for fiscal year 1998.
(2) $502,625,000 for fiscal year 1999.
(d) Shipbuilding and Conversion.--Funds are hereby authorized to be
appropriated for shipbuilding and conversion for the Navy as follows:
(1) $7,438,158,000 for fiscal year 1998.
(2) $5,958,044,000 for fiscal year 1999.
(e) Other Procurement, Navy.--Funds are hereby authorized to be
appropriated for other procurement for the Navy as follows:
(1) $2,825,500,000 for fiscal year 1998.
(2) $4,185,375,000 for fiscal year 1999.
(f) Marine Corps.--Funds are hereby authorized to be appropriated
for procurement for the Marine Corps as follows:
(1) $374,306,000 for fiscal year 1998.
(2) $695,536,000 for fiscal year 1999.
SEC. 103. AIR FORCE.
(a) Aircraft.--Funds are hereby authorized to be appropriated for
procurement of aircraft for the Air Force as follows:
(1) $5,817,847,000 for fiscal year 1998.
(2) $8,079,811,000 for fiscal year 1999.
(b) Missiles.--Funds are hereby authorized to be appropriated for
procurement of missiles for the Air Force as follows:
(1) $255,774,000 for fiscal year 1998.
(2) $2,892,106,000 for fiscal year 1999.
(c) Ammunition.--Funds are hereby authorized to be appropriated for
ammunition for the Air Force as follows:
(1) $403,984,000 for fiscal year 1998.
(2) $456,503,000 for fiscal year 1999.
(d) Other Procurement.--Funds are hereby authorized to be
appropriated for other procurement for the Air Force as follows:
(1) $6,561,253,000 for fiscal year 1998.
(2) $6,754,879,000 for fiscal year 1999.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for Defense-wide
procurement as follows:
(1) $1,695,085,000 for fiscal year 1998.
(2) $2,616,431,000 for fiscal year 1999.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for procurement for
the Inspector General of the Department of Defense as follows:
(1) $1,800,000 for fiscal year 1998.
(2) $1,100,000 for fiscal year 1999.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for procurement for
carrying out health care programs, projects, and activities of the
Department of Defense as follows:
(1) $274,068,000 for fiscal year 1998.
(2) $246,133,000 for fiscal year 1999.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for the destruction
of lethal chemical weapons in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) and the
destruction of chemical warfare material of the United States that is
not covered by section 1412 of such Act as follows:
(1) $620,700,000 for fiscal year 1998.
(2) $1,094,200,000 for fiscal year 1999.
SEC. 108. TRANSFER FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $400,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to procurement accounts
for fiscal year 1998 in amounts as follows:
(1) For Aircraft Procurement, Army, $133,000,000.
(2) For Aircraft Procurement, Navy, $134,000,000.
(3) For Aircraft Procurement, Air Force, $133,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
SEC. 109. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT: ANNUAL REPORT
TO CONGRESS.
Section 10541(b)(5)(A) of title 10, United States Code, is amended
by striking ``, shown in accordance with deployment schedules and
requirements over successive 30-day periods following mobilization''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed Forces for
research, development, test, and evaluation, as follows:
(1) For the Army, $4,510,843,000.
(2) For the Navy, $7,611,022,000.
(3) For the Air Force, $14,451,379,000.
(4) For Defense-wide activities, $9,361,247,000, of which--
(A) $268,183,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $23,384,000 is authorized for the Director of
Operational Test and Evaluation.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed Forces for
research, development, test, and evaluation, as follows:
(1) For the Army, $4,496,724,000.
(2) For the Navy, $7,756,314,000.
(3) For the Air Force, $13,799,985,000.
(4) For Defense-wide activities, $8,991,567,000, of which--
(A) $278,767,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $23,447,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. PERMANENT AUTHORITY TO PROVIDE FOR USE OF TEST AND EVALUATION
INSTALLATIONS BY COMMERCIAL ENTITIES.
Section 2681 of title 10, United States Code, is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $17,215,484,000.
(2) For the Navy, $21,581,130,000.
(3) For the Marine Corps, $2,305,345,000.
(4) For the Air Force, $18,910,785,000.
(5) For Defense-wide activities, $10,403,938,000.
(6) For the Army Reserve, $1,192,891,000.
(7) For the Naval Reserve, $834,711,000.
(8) For the Marine Corps Reserve, $110,366,000.
(9) For the Air Force Reserve, $1,624,420,000.
(10) For the Army National Guard, $2,258,932,000.
(11) For the Air National Guard, $2,991,219,000.
(12) For the Defense Inspector General, $136,580,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $652,582,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,952,000.
(15) For Environmental Restoration, Army, $377,337,000.
(16) For Environmental Restoration, Navy, $277,500,000.
(17) For Environmental Restoration, Air Force,
$378,900,000.
(18) For Environmental Restoration, Defense-wide,
$27,900,000.
(19) For Environmental Restoration, Formerly Used Defense
Sites, $202,300,000.
(20) For Medical Programs, Defense, $9,766,582,000.
(21) For Overseas Humanitarian, Disaster, and Civic Aid,
$80,130,000.
(22) For Former Soviet Union Threat Reduction,
$382,200,000.
(23) For the Overseas Contingency Operations Transfer Fund,
$1,467,500,000.
(24) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $16,891,339,000.
(2) For the Navy, $21,518,405,000.
(3) For the Marine Corps, $2,403,946,000.
(4) For the Air Force, $18,628,356,000.
(5) For the Defense Agencies, $10,542,807,000.
(6) For the Army Reserve, $1,209,605,000.
(7) For the Naval Reserve, $858,057,000.
(8) For the Marine Corps Reserve, $115,481,000.
(9) For the Air Force Reserve, $1,631,287,000.
(10) For the Army National Guard, $2,366,670,000.
(11) For the Air National Guard, $2,981,789,000.
(12) For the Defense Inspector General, $133,798,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $652,182,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,950,000.
(15) For Environmental Restoration, Army, $385,640,000.
(16) For Environmental Restoration, Navy, $287,600,000.
(17) For Environmental Restoration, Air Force,
$387,100,000.
(18) For Environmental Restoration, Defense-wide,
$25,600,000.
(19) For Environmental Restoration, Formerly Used Defense
Sites, $202,100,000.
(20) For Medical Programs, Defense, $9,496,849,000.
(21) For Overseas Humanitarian, Disaster, and Civic Aid,
$51,211,000.
(22) For Former Soviet Union Threat Reduction,
$344,700,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) Fiscal Year 1998.--Funds are hereby authorized to be
appropriated for fiscal year 1998 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving
funds in amounts as follows:
(1) For the Defense Working Capital Funds, $33,400,000.
(2) For the National Defense Sealift Fund, $1,191,426,000.
(3) For the Military Commissary Fund, $938,552,000.
(b) Fiscal Year 1999.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving
funds, in amounts as follows:
(1) For the Defense Working Capital Funds, $30,800,000.
(2) For the National Defense Sealift Fund, $689,994,000.
(3) For the Military Commissary Fund, $938,694,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated from the Armed Forces
Retirement Home Trust Fund for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and Airmen's
Home and the Naval Home, as follows:
(1) $79,977,000 for fiscal year 1998.
(2) $73,332,000 for fiscal year 1999.
SEC. 304. FISHER HOUSE TRUST FUNDS.
There are hereby authorized to be appropriated for fiscal years
1998 and 1999 from the Fisher House Trust Fund, Department of the Army;
the Fisher House Trust Fund, Department of the Navy, and from the
Fisher House Trust Fund, Department of the Air Force, amounts which are
available during fiscal years 1998 and 1999 in each such Trust fund for
the operation and maintenance of the Fisher Houses of the Army, the
Navy, and the Air Force.
SEC. 305. TRANSFER FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1998 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
SEC. 306. REPEAL OF DEFENSE BUSINESS OPERATIONS FUNDS.
(a)(1) Repeal.--Section 2216a of title 10, United States Code, is
repealed.
(2) Conforming Amendment.--The table of sections for chapter 131 of
title 10, United States Code, is amended by striking the item relating
to section 2216a.
(b) Depreciation Costs.--Section 2208(c) of title 10, United States
Code, is amended by inserting before the period at the end ``,
including amounts for depreciation of capital assets, set in accordance
with generally accepted accounting principles''.
(c) Contracting for Capital Assets.--Section 2208 of title 10,
United States Code, is amended by adding at the end the following new
subsection (l):
``(l)(1) The Secretary of Defense may award contracts for
capital assets of a working capital fund in advance of the
availability of funds in the working capital fund.
``(2) In this section, the term `capital assets' means the
following capital assets that have a development or acquisition
cost of not less than $100,000:
``(A) Minor construction projects financed by a
working capital fund pursuant to section 2805(c)(1) of
this title.
``(B) Automatic data processing equipment,
software.
``(C) Equipment other than equipment described in
subparagraph (B).
``(D) Other capital improvements.''.
Subtitle B--Environmental Provisions
SEC. 311. AMENDMENTS TO AUTHORITY TO ENTER INTO AGREEMENTS WITH OTHER
AGENCIES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
Section 327 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2483) is amended--
(1) in subsection (a), by inserting ``, or with an Indian
tribe,'' after ``with an agency of a State or local
government''; and
(2) in subsection (b)(1), by striking ``in carrying out its
environmental restoration activities''.
SEC. 312. STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS
MATERIALS.
Section 2692 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting ``with respect to materials that
will be or have been used in connection with an
activity of the Department of Defense or in connection
with a service to be performed for the benefit of the
Department of Defense, or'' after ``Except''; and
(B) by inserting ``or by a service member or
dependent living on that installation'' after ``is not
owned by the Department of Defense''; and
(2) in subsection (b)(8)--
(A) by striking ``by a private person'';
(B) by striking ``by that person of an industrial-
type'' and inserting in lieu thereof ``of a''; and
(C) by inserting ``including the use of a space
launch facility located on a Department of Defense
installation or on other land controlled by the United
States, and including the use of Department of Defense
facilities for testing material or training personnel''
after ``facility of the Department of Defense''; and
(3) in subsection (b)(9)--
(A) by striking ``by a private person'';
(B) by striking ``commercial'';
(C) by striking ``by that person of an industrial-
type'' and inserting in lieu thereof ``of a'';
(D) by striking ``with that person'' and inserting
in lieu thereof ``with the prospective user''; and
(E) in subparagraph (B), by striking ``for that
person's'' and inserting in lieu thereof ``for the
prospective user's''.
Subtitle C--Other Matters
SEC. 321. PROGRAMS TO COMMEMORATE THE 50TH ANNIVERSARY OF THE MARSHALL
PLAN AND THE KOREAN WAR.
(a) In General.--The Secretary of Defense may--
(1) during fiscal year 1997, conduct a program to
commemorate the 50th anniversary of the Marshall Plan;
(2) during fiscal years 1998 through 2003, conduct a
program to commemorate the 50th anniversary of the Korean war;
and
(3) coordinate, support, and facilitate other programs and
activities of the Federal Government, State and local
governments, and other persons in commemoration of the Marshall
Plan or in commemoration of the Korean war during the time
periods established in this subsection for each program,
respectively.
(b) Use of Funds.--During fiscal years 1997 through 2003, funds
appropriated to the Department of Defense for Operation and
Maintenance, Army, shall be available to conduct the programs referred
to in subsection (a).
(c) Program Activities.--The program referred to in subsection (a)
may include activities and ceremonies--
(1) to provide the people of the United States with a clear
understanding and appreciation of the Marshall Plan;
(2) to pay tribute to General George C. Marshall for a
lifetime of service to the United States;
(3) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
the Korean war;
(4) to thank and honor veterans of the Korean war and their
families;
(5) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States;
(6) to highlight advances in technology, science, and
medicine related to military research conducted during the
Korean war;
(7) to recognize the contributions and sacrifices made by
Korean war allies of the United States; and
(8) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(d) Authority of the Secretary.--(1) In connection with the
programs referred to in subsection (a), the Secretary of Defense may
adopt, use, and register as trademarks and service marks: emblems,
signs, insignia, or words. The Secretary shall have the exclusive right
to the preexisting emblems, signs, insignia, or words, subject to the
preexisting rights described in paragraph (3), and may grant exclusive
or nonexclusive licenses in connection therewith.
(2) Without the consent of the Secretary of Defense, any person who
knowingly uses any emblem, sign, insignia, or word adopted, used, or
registered as a trademark or service mark by the Secretary in
accordance with paragraph (1), or any combination or simulation thereof
tending to cause confusion, to cause mistake, to deceive, or to falsely
suggest a connection with the program referred to in subsection (a),
shall be subject to suit in a civil action by the Attorney General,
upon complaint by the Secretary of Defense, for the remedies provided
in the Act of July 5, 1946, (60 Stat. 427; commonly known as the
``Trademark Act of 1945'') (15 U.S.C. 1051, et seq.).
(3) Any person who used an emblem, sign, insignia, or word adopted,
used, or registered as a trademark or service mark by the Secretary in
accordance with paragraph (1), or any combination or simulation
thereof, for any lawful purpose before such adoption, use, or
registration as a trademark or service mark by the Secretary is not
prohibited by this section from continuing such lawful use for the same
purpose and for the same goods or services.
(e) Establishment of Account.--(1) There is established in the
Treasury of the United States an account to be known as the
``Department of Defense 50th Anniversary of the Marshall Plan and
Korean War Commemoration Account'' which shall be administered by the
Secretary of Defense as a single account. There shall be deposited into
the account all proceeds derived from activities described in
subsection (d).
(2) The Secretary may use the funds in the account established in
paragraph (1) only for the purposes of conducting the programs referred
to in subsection (a).
(3) Not later than 60 days after the termination of the authority
of the Secretary to conduct the commemoration programs referred to in
subsection (a), the Secretary shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report containing an accounting of all the
funds deposited into and expended from the account or otherwise
expended under this section, and of any amount remaining in the
account. Unobligated funds which remain in the account after
termination of the authority of the Secretary under this section shall
be held in the account until transferred by law after the Committees
receive the report.
(f) Provision of Voluntary Services.--(1) Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in furtherance
of the programs referred to in subsection (a).
(2) A person providing voluntary services under this subsection
shall be considered to be an employee for the purposes of chapter 81 of
title 5, United States Code, relating to compensation for work-related
injuries, and for purposes of standards of conduct and the provisions
of sections 202, 203, 205, 207, 208, and 209 of title 18, United States
Code, shall be considered a special governmental employee. Such a
person who is not otherwise employed by the Federal Government shall
not be considered to be a Federal employee for any other purposes by
reason of the provision of such service.
(3) The Secretary of Defense may provide for reimbursement of
incidental expenses which are incurred by a person providing voluntary
services under this subsection. The Secretary of Defense shall
determine which expenses are eligible for reimbursement under this
paragraph.
SEC. 322. ADMISSION OF CIVILIAN STUDENTS TO THE NAVAL POSTGRADUATE
SCHOOL.
(a) Naval Postgraduate School: Admission.--Section 7047 of title
10, United States Code, is amended to read as follows:
``Sec. 7047. Admission of civilians
``(a) Admission Pursuant to Reciprocal Agreement.--Under
regulations prescribed by the Secretary of the Navy, the Superintendent
of the Naval Postgraduate School may enter into an agreement with an
accredited institution of higher education (or a consortium of such
institutions) to permit a student described in subsection (c) who is
enrolled at that institution to receive instruction at the Naval
Postgraduate School on a tuition-free basis. In exchange for the
admission of the student under this subsection, the accredited
institution of higher education shall enroll, on a tuition-free basis,
an officer of the armed forces or other person properly admitted for
instruction at the Naval Postgraduate School in courses offered by that
institution corresponding in length to the instruction provided to the
student at the Naval Postgraduate School.
``(b) Admission on a Space Available Basis.--Under regulations
prescribed by the Secretary of the Navy, the Superintendent of the
Naval Postgraduate School may permit a student described in subsection
(c), who is enrolled at an accredited institution of higher education
that is a party to an agreement under subsection (a), to receive
instruction at the Naval Postgraduate School on a cost-reimbursable,
space-available basis.
``(c) Eligible Students.--A student enrolled at an accredited
institution of higher education may be admitted to the Naval
Postgraduate School under subsection (a) or (b) if--
``(1) the student is a citizen of the United States or is
lawfully admitted for permanent residence in the United States;
``(2) the Superintendent determines that the student has a
demonstrated ability in a field of study designated by the
Superintendent as related to naval warfare, armed conflict or
national security; and
``(3) the student meets the academic requirements for
admission to the Naval Postgraduate School.
``(d) Retention of Funds Collected.--Amounts collected under
subsection (b) to reimburse the Naval Postgraduate School for the costs
of providing instruction to students permitted to attend the Naval
Postgraduate School under this section shall be credited as an addition
to the appropriation supporting the operation and maintenance of the
Naval Postgraduate School.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 605 of title 10, United States Code, is amended by striking out
the item relating to section 7047 and inserting in lieu thereof the
following new item:
``7047. Admission of civilians.''.
TITLE IV--PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1998.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1998, as follows:
(1) The Army, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
(b) Fiscal Year 1999.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1999, as follows:
(1) The Army, 495,000.
(2) The Navy, 384,888.
(3) The Marine Corps, 174,000.
(4) The Air Force, 370,821.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1998.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1998, as follows:
(1) The Army National Guard of the United States, 366,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 107,377.
(6) The Air Force Reserve, 73,431.
(7) The Coast Guard Reserve, 8,000.
(b) Fiscal Year 1999.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1999, as follows:
(1) The Army National Guard of the United States, 366,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 93,582.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 107,049.
(6) The Air Force Reserve, 73,703.
(7) The Coast Guard Reserve, 8,000.
(c) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) or subsection (b) by not more
than 2 percent.
(d) Adjustments.--The end strengths prescribed by subsection (a) or
(b) for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
(a) Fiscal Year 1998.--Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1998, the following number of Reserves
to be serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,616.
(6) The Air Force Reserve, 963.
(b) Fiscal Year 1999.--Within the end strengths prescribed in
section 411(b), the reserve components of the Armed Forces are
authorized, as of September 30, 1999, the following number of Reserves
to be serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 21,380.
(2) The Army Reserve, 11,450.
(3) The Naval Reserve, 16,073.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,704.
(6) The Air Force Reserve, 984.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZATION FOR PERSONNEL TO SERVE IN THE MANAGEMENT OF
NON-FEDERAL ENTITIES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1032 the following:
``Sec. 1033. Participation in the management of non-Federal entities
``(a) A Secretary concerned may authorize members of the armed
forces or officers and employees of the military department concerned
or the Department of Transportation when the Coast Guard is not
operating as a service in the Navy, as part of their official duties,
to serve as directors, officers, trustees, or otherwise participate,
without compensation, in the management of a military society and other
designated entities.
``(b) For purposes of this section--
``(1) `military welfare society' means the:
``(A) Army Emergency Relief;
``(B) Air Force Aid Society;
``(C) Naval-Marine Corps Relief Society;
``(D) Coast Guard Mutual Assistance; and
``(2) `other designated entities' means:
``(A) entities, including athletic conferences,
regulating and supporting the athletic programs of the
service academies;
``(B) entities regulating international athletic
competitions;
``(C) entities, including regional agencies, which
accredit service academies and other schools of the
armed forces; and
``(D) entities, including health care associations
and professional societies, regulating and supporting
the performance, standards, and policies of military
health care.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 53 of title 10 is amended by inserting after the item
relating to section 1032 the following:
``Sec. 1033. Participation in management of non-federal entities.''.
SEC. 502. MODIFYING SELECTION BOARD ELIGIBILITY.
Section 619(d) of title 10, United States Code, is amended in
paragraph (1) by inserting ``or board report'' after ``promotion
list''.
SEC. 503. LIMITATIONS ON PROMOTION CONSIDERATION ELIGIBILITY.
Subsection 14301(c) of title 10, United States Code, is amended by
striking paragraph (1) and inserting in lieu thereof the following new
paragraph:
``(1) an officer whose name is on a promotion list or a
board report for that grade as a result of recommendation for
promotion to that grade by an earlier section board convened
under that section or section 14502 of this title or under
chapter 36 of this title;''.
SEC. 504. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO BE
CONSIDERED BY VACANCY PROMOTION BOARD TO GENERAL OFFICER
GRADES AND FOR OFFICERS TO BE CONSIDERED BY A VACANCY
PROMOTION BOARD TO GENERAL OFFICER GRADES WHEN NOT
SERVING IN THE HIGHER GRADED POSITION.
(a) Convening of Selection Boards.--Section 14101(a)(2) of title
10, United States Code, is amended by striking ``(except in the case of
a board convened to consider officers as provided in section 14301(e)
of this title''.)
(b) Eligibility for Consideration.--Section 14301 of title 10,
United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) General Officer Promotions.--Section 14308 of title 10 is
amended--
(1) in subsection (e)(2), by inserting ``a grade below
colonel in'' after ``(2) an officer in''; and
(2) by striking the first sentence in subsection (g) and
inserting in lieu thereof the following new sentence: ``A
reserve officer of the Army who is on a promotion list for
promotion to the grade of brigadier general or major general as
a result of selection by a vacancy promotion board may be
promoted to that grade to fill a vacancy in the Army Reserve in
that grade.''.
(d) Vacancy Promotions.--Section 14315(b)(1)(A) of title 10 is
amended to read as follows:
``(A) is eligible for assignment to the duties of a
general officer of the next higher reserve grade in the
Army Reserve,''.
SEC. 505. EXCLUSION OF CERTAIN RETIRED MEMBERS FROM THE LIMITATION ON
THE PERIOD OF RECALL TO ACTIVE DUTY.
Section 688(e) of title 10, United States Code, is amended--
(1) by designating the current sentence as paragraph (1);
and
(2) by adding at the end the following new paragraph:
``(2) In the administration of paragraph (1), the following
officers shall not be counted:
``(A) A chaplain who is assigned to duty as a
chaplain for the period of active duty to which
ordered.
``(B) A health care professional (as characterized
by the Secretary concerned) who is assigned to duty as
a health care professional for the period of the active
duty to which ordered.
``(C) Any officer assigned to the duty with the
American Battle Monuments Commission for the period of
active duty to which assigned.''.
Subtitle B--Enlisted Personnel Policy
SEC. 511. AUTHORIZATION FOR THE NAVAL POSTGRADUATE SCHOOL TO ADMIT
ENLISTED MEMBERS OF THE U.S. NAVAL SERVICE, ARMY, AIR
FORCE, AND COAST GUARD AS STUDENTS.
(a) Other United States Military Personnel Authorized to Attend.--
Section 7045 of such title 10 is amended to read as follows:
``Sec. 7045. Other United States military personnel: admission
``(a)(1) The Secretary of the Navy may permit officers of the Army,
Air Force, and Coast Guard to receive instruction at the Naval
Postgraduate School. The numbers and grades of such officers shall be
agreed upon by the Secretary of the Navy with the Secretaries of the
Army, Air Force, and Transportation, respectively.
``(2) The Superintendent may permit enlisted members of the U.S.
Naval Service, Army, Air Force, or Coast Guard who are assigned to the
Naval Postgraduate School, or to nearby commands, to receive
instruction at the Naval Postgraduate School on a ``space-available''
basis.
``(b) The Department of the Army, the Department of the Air Force,
and the Department of Transportation shall bear the cost of the
instruction received by the students detailed for that instruction by
the Secretaries of the Army, Air Force, and Transportation,
respectively.
``(c) While receiving instruction at the Postgraduate School,
officers and enlisted students of the Army, Air Force, and Coast Guard
are subject to regulations, as determined appropriate by the Secretary
of the Navy, as apply to students who are members of the naval
service.''
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 605 of such title 10 is amended by striking the item relating
to section 7045 and inserting in lieu thereof the following new item:
``Sec. 7045. Other United States military personnel: admission.''.
SEC. 512. SCOPE OF PARTICIPATION IN COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Limited Expansion.--Section 9315(a)(1) of title 10, United
States Code, is amended to read as follows:
``(1) prescribe programs for higher education for enlisted
members of the Air Force, for enlisted members of other armed
forces attending Air Force tranining schools whose jobs are
closely related to Air Force jobs, and enlisted members of
other armed forces who are serving as instructors at Air Force
training schools, designed to improve the technical,
managerial, and related skills of such members and to prepare
such members for military jobs which require the utilization of
such skills; and ''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to enrollments in the Community College of the Air
Force after March 31, 1996.
Subtitle C--Reserve Personnel Policy
SEC. 521. CORRECTION TO RETIRED GRADE, GENERAL RULE CONCERNING
NONREGULAR SERVICE.
(a) Retired Grade of Army Officer.--Subsection 3961(a) of title 10,
United States Code, is amended by striking ``or for nonregular service
under chapter 1223 of this title,''.
(b) Retired Grade of Air Force Officer.--Subsection 8961(a) of
title 10, United States Code, is amended by striking ``or for
nonregular service under chapter 1223 of this title,''.
SEC. 522. GRADE REQUIREMENT FOR INVOLUNTARY SEPARATION BOARD
COMPOSITION.
Section 14906(a)(2) of title 10, United States Code, is amended by
striking ``above lieutenant colonel or commander'' and inserting in
lieu thereof ``of lieutenant colonel or commander or higher,''.
Subtitle D--Education Policy
SEC. 531. PROTECTION OF EDUCATIONAL ASSISTANCE PROGRAM ENTITLEMENTS FOR
SELECTED RESERVE MEMBERS SERVING ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Extension of Educational Assistance.--Section 16131(c) of title
10, United States Code, is amended in paragraph (3)(B)(i)--
(1) by striking ``, in connection with the Persian Gulf
War,''; and
(2) by inserting ``or in support of a contingency operation
as defined in subsection 101(13) of this title'' after ``of
this title''.
(b) Extension of 10-Year Period of Availability.--Section 16133(b)
of title 10, United States Code, is amended in paragraph (4)(A)--
(1) by striking ``, during the Persian Gulf War,'';
(2) by inserting ``or in support of a contingency operation
as defined in subsection 101(13) of this title'' after ``of
this title''; and
(3) by striking subparagraph (4)(B).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1998.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1998 shall not be made.
(b) Increase in Basic Pay and BAQ.--Effective on January 1, 1998,
the rates of basic pay and basic allowance for quarters of members of
the uniformed services are increased by 2.8 percent.
SEC. 602. CHANGE IN REQUIREMENTS FOR PAY OF READY RESERVE MUSTER DUTY
ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended by
striking the first sentence and inserting in lieu thereof the following
new sentence: ``The allowance authorized by this section may not be
disbursed in kind and may be paid to the member on or before the date
on which the muster duty is performed, but shall be paid no later than
30 days after the date on which muster duty is performed.''.
Subtitle B--Bonuses and Special Pays
SEC. 611. NUCLEAR QUALIFIED OFFICERS: BONUSES AND SPECIAL PAY.
(a) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312 of title 37, United States Code, is
amended--
(1) in subsection (a), by striking ``$12,000'' and
inserting in lieu thereof ``$15,000''; and
(2) in subsection (e), by striking ``September 30, 1998''
and inserting in lieu thereof ``September 30, 2002''.
(b) Special Pay: Nuclear Career Accession Bonus.--Section 312b of
title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking ``$8,000'' and
inserting in lieu thereof ``$10,000''; and
(2) in subsection (c), by striking ``September 30, 1998''
and inserting in lieu thereof ``September 30, 2002''.
(c) Special Pay: Nuclear Career Annual Incentive Bonus.--Section
312c of title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking ``$10,000'' and
inserting in lieu thereof ``12,000'';
(2) in subsection (b)(1), by striking ``$4,500'' and
inserting in lieu thereof ``$5,500''; and
(3) in subsection (d), by striking ``October 1, 1998'' and
inserting in lieu thereof ``October 1, 2002''.
SEC. 612. INCENTIVE FOR ENLISTED MEMBERS TO EXTEND TOURS OF DUTY
OVERSEAS.
(a) Incentive.--Section 314 of title 37, United States Code, is
amended--
(1) in subsection (a), by striking the remainder of the
text after paragraph (4) and inserting in lieu thereof the
following: ``is entitled, upon acceptance of the agreement
providing for such extension by the Secretary concerned, to
either special pay for duty performed during the period of the
extension at a rate of not more than $80 per month, as
prescribed by the Secretary concerned, or a bonus of up to
$2,000 per year, as prescribed by the Secretary concerned, for
specialty requirements at designated locations.'';
(2) by redesignating subsection (b) as subsection (d);
(3) in subsection (d), as so redesignated, by inserting
``or bonus'' after ``special pay''; and
(4) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Payment of Special Pay and Bonus.--Upon acceptance of a
written agreement under subsection (a) by the Secretary concerned, the
payment rate for special pay and bonuses payable pursuant to the
agreement becomes fixed. A bonus payable under subsection (a) may then
be paid by the Secretary, either in a lump sum or installments.
``(c) Repayment of Bonus.--(1) If a member who has entered into a
written agreement under subsection (a) and has received all or part of
a bonus under this section fails to complete the total period of
extension specified in the agreement, the Secretary concerned may
require the member to repay the United States, on a pro rata basis and
to the extent that the Secretary determines conditions and
circumstances warrant, all sums paid under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (a) does not discharge the member signing the
agreement from a debt arising under such agreement or under paragraph
(1). This paragraph applies to any case commenced under title 11 on or
after October 1, 1997.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect for agreements executed on or after October 1, 1997.
SEC. 613. AMENDMENTS TO SELECTED RESERVE REENLISTMENT BONUS.
Section 308b of title 37, United States Code, is amended--
(1) by striking out paragraph (a)(1) and inserting in lieu
thereof the following new paragraph:
``(1) has completed less than 14 years of total military
service; and''.
(2) by amending subsection (b) to read as follows:
``(b) The bonus to be paid under subsection (a) shall be--
``(1) an initial amount not to exceed $2,500, in the case
of a member who enlists for a period of three years, or
``(2) an initial amount not to exceed $5,000, in the case
of a member who enlists for a period of six years; and
``(3) subsequent payments according to a payment schedule
determined by the Secretary concerned; however, initial
payments may not exceed one-half the total bonus amount.''; and
(3) by striking subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c) A member may not be paid more than one six-year bonus or two
three-year bonuses under this section. If the option for two three-year
bonuses is chosen, the first three year bonus amount shall not exceed
$2,000, paid as determined by the Secretary concerned, except that the
initial payment may not exceed one-half of the total bonus amount. In
order to qualify for the follow on three-year bonus, the member must
reenlist immediately after the first three-year term and must meet,
as determined by the Secretary concerned, all eligibility criteria at
the time of that reenlistment. Failure to meet all eligibility criteria
will result in forfeiture of continued eligibility for this bonus. The
follow on three-year bonus, if elected and provided the member meets
all eligibility requirements, shall be paid, in an amount not to exceed
$2,500, as if the member had selected the three-year option alone.''.
SEC. 614. AMENDMENTS TO SELECTED RESERVE PRIOR SERVICE ENLISTMENT
BONUS.
Section 308i of title 37, United States Code, is amended--
(1) by striking subparagraphs (a)(2)(A) and inserting in
lieu thereof the following new subparagraph (A):
``(A) has completed his military service obligation
but has less than 14 years of total military
service;''; and
(2) by amending subsections (b) and (c) to read as follows:
``(b) The bonus to be paid under subsection (a) shall be--
``(1) an initial payment not to exceed $2,500, in the case
of a member who enlists for a period of three years; or
``(2) an initial payment not to exceed $5,000, in the case
of a member who enlists for a period of six years; and
``(3) subsequent payments according to a schedule
determined by the Secretary concerned; however, initial
payments may not exceed one-half the total bonus amount.
``(c) A member may not be paid more than one six-year bonus or two
three-year bonuses under this section. Furthermore, a member may not be
paid a bonus under this section unless the speciality associated with
the position the member is projected to occupy is a specialty in which
the member successfully served while on active duty and in which the
member attained a level of qualification commensurate with his grade
and years of service. If the option for two three-year bonuses is
chosen, the first three year bonus amount shall not exceed $2,000, paid
as determined by the Secretary concerned, except that the initial
payment may not exceed one-half of the total bonus amount. In order to
qualify for the follow on three-year bonus, the member must reenlist
immediately after the first three-year term and must meet, as
determined by the Secretary concerned, all eligibility criteria at the
time of that reenlistment. Failure to meet all eligibility criteria
will result in forfeiture of continued eligibility for this bonus. The
follow on three-year bonus, if elected and provided the member meets
all eligibility requirements, shall be paid, in an amount not to exceed
$2,500, as if the member had selected the three-year option alone.''.
Subtitle C--Allowances
SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS PRIOR TO
APPROVAL OF A MEMBER'S COURT-MARTIAL SENTENCE.
Section 406(h) of title 37, United States Code, is amended in
paragraph (2)(C)(iii) by striking ``if the sentence is approved'' and
inserting in lieu thereof ``prior to the sentence being approved''.
SEC. 622. VARIABLE HOUSING ALLOWANCE AT LOCATION OF RESIDENCE AFTER A
CLOSE PROXIMITY MOVE.
Section 403a(a) of title 37, United States Code, is amended by
adding at the end the following new paragraph (5):
``(5) In the case of a member without dependents who is
assigned to duty inside the United States, the location or the
circumstances of which make it necessary that he be reassigned
under the conditions of low cost or no cost permanent change of
station or permanent change of assignment, the member may be
paid a variable housing allowance as if he were not reassigned
if the Secretary concerned determined (under regulations
prescribed under subsection (e) of this section) that it would
be inequitable to base the member's entitlement to, and amount
of, variable housing allowance on the area to which the member
is assigned.''.
Subtitle D--Other Matters
SEC. 631. AUTHORIZATION FOR REIMBURSEMENT OF TAX LIABILITIES INCURRED
BY PARTICIPANTS IN THE F. EDWARD HEBERT ARMED FORCES
HEALTH PROFESSIONS SCHOLARSHIP PROGRAM.
The Secretary of Defense is authorized to use amounts appropriated
for fiscal year 1997 and subsequent fiscal years for payments to
participants in the F. Edward Hebert Armed Forces Health Professions
Scholarship Program as reimbursement for payments by such participants
for Federal, State, or local income tax liabilities based on the value
of tuition and related educational expenses provided under such Program
prior to October 1, 1997. Individuals will be compensated in a manner
consistent with the models set out in the Relocation Income Tax
Allowance as authorized by section 5724b of title 5, United States
Code. Participants who fail to fulfill their active duty obligation
under circumstances that resulted in recoupment actions are not
authorized to receive reimbursement under this section.
SEC. 632. AUTHORIZATION FOR INCREASED STIPEND PAYMENTS MADE UNDER THE
F. EDWARD HEBERT ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP PROGRAM.
(a) Supplemental Stipend.--Section 2121 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e)(1) If authorized by the Secretary of Defense pursuant to
paragraph (2), during any month in which a participant in the program
receives a stipend under subsection (d), the participant may also be
paid a supplemental stipend of $400 per month. This amount shall be
increased in the same manner as the stipend amount under subsection
(d).
``(2) The supplemental stipend referred to in paragraph (1) may not
be paid if the Secretary of Defense determines, after consultation with
the Secretary of the Treasury, that payments made by the Secretary
under section 2127(a) of this title on behalf of a participant in the
program are excluded from taxable income under section 108 of the
Internal Revenue Code of 1986 (26 U.S.C.).''.
(b) Effective Date.--The amendment made by subsection (a) shall
become effective October 1, 1997.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REPEAL OF THE STATUTORY RESTRICTION ON USE OF FUNDS FOR
ABORTIONS.
(a) In General.--Section 1093 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
Chapter 55, United States Code, is amended by striking out the item
referring to section 1093.
(c) Effective Date.--The amendment made by this section shall be
effective October 1, 1997.
SEC. 702. EXPANDING THE LIMITS IMPOSED ON PROVIDING PROSTHETIC DEVICES
TO MILITARY HEALTH CARE BENEFICIARIES.
Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(14) Prosthetic devices, as determined by the Secretary
of Defense to be necessary because of significant conditions
resulting from trauma, congenital anomalies or disease.''; and
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) hearing aids, orthopedic footwear, and spectacles
except that outside of the United States and at stations inside
the United States where adequate civilian facilities are
unavailable, such items may be sold to dependents at cost to
the United States.''.
TITLE VIII--REPEAL OF ACQUISITION REPORTS AND ACQUISITION POLICY
Subtitle A--Repeal of Certain Acquisition Reports
SEC. 801. REPEAL OF ACQUISITION REPORTS REQUIRED BY DEFENSE
AUTHORIZATION ACTS.
(a) Annual Report on Five-Year Ship Construction Program.--Section
808 of the Department of Defense Appropriation Authorization Act, 1976
(Public Law 94-106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.
(b) Reports Relating to Potential Effect of Offshore Drilling on
Naval Operations.--Section 1260 of the Department of Defense
Authorization Act, 1984 (Public Law 98-94; 97 Stat. 703) is repealed.
(c) Report on Advanced Cruise Missile (SM-2(N)).--Section 1426 of
the Department of Defense Authorization Act, 1986 (Public Law 99-145;
99 Stat. 753) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(d) Report on Removal of Basic Point Defense Missile System From
Naval Amphibious Vessels.--Section 1437 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 757) is repealed.
(e) Report on Procurement Competition Goals.--Section 913 of the
Department of Defense Authorization Act, 1986 (Public Law 99-145; 99
Stat. 687) is repealed.
(f) Report Concerning the Stretchout of Major Defense Acquisition
Programs.--Section 117 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1933) is repealed.
(g) Annual Report Assessing the Security of United States Bases in
the Philippines.--Section 1309 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2063) is repealed.
(h) Commission Report on Alternative Utilization of Military
Facilities.--Section 2819 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2119; 10 U.S.C. 2391
note) is repealed.
(i) Reports Concerning the B-2 Program.--The National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1373)) is amended as follows:
(1) Section 112 is repealed.
(2) Section 115 is repealed.
(j) Report on Procurement From Countries That Deny Adequate and
Effective Protection of Intellectual Property Rights.--Section 852 of
the National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1517) is amended by striking subsection
(b).
(k) Report on Environmental Compliance at Overseas Installations.--
Section 342(b) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1537; 10 U.S.C. 2701 note) is
amended by striking paragraph (4).
SEC. 802. REPEAL OF EXTRANEOUS ACQUISITION REPORTING REQUIREMENTS.
(a) Repeal of Annual Report.--Section 20 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418) is amended--
(1) by striking ``and'' at the end of paragraph (b)(3)(B);
(2) by striking (b)(4); and
(3) by redesignating paragraphs (b) (5), (6), and (7) as
paragraphs (b) (4), (5), and (6), respectively.
(b) Repeal of Regulatory Review Upon Request of Individual.--
Section 25 of the Office of Federal Procurement Policy Act (41 U.S.C.
421) is amended--
(1) by striking paragraphs (c) (4), (5), and (6); and
(2) by striking subsection (g).
(c) Deletion of Reporting Requirement for Nonmajor Acquisition
Programs.--Section 2220(b) of title 10, United States Code, is amended
by striking ``and nonmajor''.
(d) Repeal of Requirement for Contractor Guarantees on Major Weapon
Systems.--Section 2403 of title 10, United States Code, is repealed.
Subtitle B--Acquisition Policy
SEC. 811. USE OF SINGLE PAYMENT DATE FOR MIXED INVOICES.
Section 3903(a) of title 31, United States Code, is amended--
(1) by striking ``; and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9)
inserting in lieu thereof ``; and''; and
(3) by inserting at the end the following new paragraph
(10):
``(10) notwithstanding paragraphs (2), (3) and (4) of this
subsection, in the case of an acquisition for commercial items
for which more than one statutory payment date applies to an
invoice, permit a contract to specify a single payment due
date, consistent with prevailing industry contracting practices
and not to exceed 30 days after the date of receipt of a proper
mixed invoice.''.
SEC. 812. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY OF CONTRACT
LITIGATION.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410m. Retention of expired funds during the pendency of
contract litigation
``(a) Retention of Funds.--Notwithstanding sections 1552(a) and
3302(b) of title 31, United States Code, any amount, including
interest, collected from a contractor as a result of a claim made by an
executive agency under the Contract Disputes Act of 1978 (41 U.S.C.
601-613), shall remain available to pay any settlement reached between
the parties or judgment rendered in a contractor's favor on an appeal
of the same Government claim to the Federal courts or the Armed
Services Board of Contract Appeals.
``(b) Period of Availability.--The funds shall remain available for
obligation and expenditure for a period not to exceed 180 calendar days
following the settlement of the parties or conclusion of the
litigation, including all avenues of appeal or expiration of all appeal
periods. Thereafter, if the funds have not been obligated and expended,
the account shall be closed and the funds shall be deposited in the
Treasury as miscellaneous receipts.
``(c) Reporting Requirement.--Any disbursements of funds retained
under this section shall be reported to Congress annually.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of title 10, United States Code, is amended by adding at
the end the following new item:
``2410m. Retention of expired funds during the pendency of contract
litigation.''.
SEC. 813. EXPANDING THE AUTHORITY TO CROSS FISCAL YEARS TO ALL
SEVERABLE SERVICE CONTRACTS NOT EXCEEDING A YEAR.
(a) Expanded Authority.--Section 2410a of title 10, United States
Code, is amended to read as follows:
``Sec. 2410a. Severable service contracts for periods crossing fiscal
years
``(a) Authority.--The Secretary of Defense or the Secretary of a
military department may enter into a contract for procurement of
severable services for a period that begins in one fiscal year and ends
in the next fiscal year if (without regard to any option to extend the
period of the contract) the contract period does not exceed one year.
``(b) Obligation of Funds.--Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into under
the authority of subsection (a).''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2410a. Severable service contracts for periods crossing fiscal
years.''.
SEC. 814. SMALL ARMS WEAPONS PROCUREMENT OBJECTIVES FOR THE ARMY.
Section 115(b)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2681), as amended by
section 115(b) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 206), is further amended by
striking the table and inserting in lieu thereof the following new
table:
``Weapon Quantity
MK19-3 grenade machine gun........................... 20,751
M16A2 rifle.......................................... 846,028
M249 squad automatic weapon.......................... 75,443
M4 carbine........................................... 119,942.''.
SEC. 815. AVAILABILITY OF SIMPLIFIED PROCEDURES TO COMMERCIAL ITEM
PROCUREMENTS.
(a) Title 10 Amendment.--Section 2304(g) of title 10, United States
Code, is amended in subparagraph (1)(B) by striking ``only''.
(b) Federal Property Act Amendment.--Section 303(g) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)) is
amended in subparagraph (1)(B) by striking ``only''.
SEC. 816. UNIT COST REPORTS.
(a) Elimination of Time Requirement for Report.--Section 2433(c) of
title 10, United States Code, is amended--
(1) by striking ``during the current fiscal year (other
than the last quarterly unit cost report under subsection (b)
for the preceding fiscal year)'' at the end of the paragraph;
(2) by inserting ``or'' at the end of paragraph (1);
(3) by striking ``or'' at the end of paragraph (2); and
(4) by striking paragraph (3).
(b) Elimination of Qualifying Requirement.--Section 2433(d) of such
title 10 is amended by striking in paragraph (3) ``(for the first time
since the beginning of the current fiscal year)''.
SEC. 817. REPEAL OF ADDITIONAL DOCUMENTATION REQUIREMENT FOR
COMPETITION EXCEPTION FOR INTERNATIONAL AGREEMENTS.
Section 2304(f) of title 10, United States Code, is amended in
subparagraph (2)(E) by inserting a period after the phrase ``other than
competitive procedures'' and striking the remainder of that sentence.
SEC. 818. ELIMINATION OF DRUG-FREE WORKPLACE CERTIFICATION REQUIREMENT
FOR GRANTS.
Section 5153 of the Drug-Free Workplace Act of 1988 (Public Law
100-690; 102 Stat. 4306; 41 U.S.C. 702) is amended--
(1) in subsection (a)(1), by striking ``has certified to
the granting agency that it will'' and inserting in lieu
thereof ``agrees to'';
(2) in subsection (a)(2), by striking ``certifies to the
agency'' and inserting in lieu thereof ``agrees''; and
(3) in subsection (b)(1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated, by
striking ``such certification by failing to carry
out''.
SEC. 819. VESTITURE OF TITLE.
Section 2307 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Vestiture of Title.--If a contract provides for title to
property to vest in the United States, such title shall vest in
accordance with the terms of the contract. Such title shall vest in the
United States regardless of any prior or subsequently asserted security
interest in the property.''.
SEC. 820. UNDEFINITIZED CONTRACT ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4); and
(2) in subsection (g)(1), by adding at the end the
following new subparagraphs:
``(E) Contingency operations as defined in section
101(a)(13) of this title.
``(F) Peacekeeping or peace enforcement operations
as directed by the President.
``(G) Disaster relief operations when directed by
the President to perform disaster relief pursuant to
the Disaster Relief Act of 1974 (42 U.S.C. 5121 et
seq.), or
``(H) Humanitarian assistance.''.
SEC. 821. AUTHORITY OF DIRECTORS OF DEPARTMENT OF DEFENSE AGENCIES TO
LEASE NON-EXCESS PROPERTY.
Section 2667 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections (g), (h), and (i):
``(g) Whenever the Director of a Defense Agency considers it
advantageous to the United States, he may lease to such lessee and upon
such terms as he considers will promote the national defense or to be
in the public interest, personal property that is--
``(1) under the control of the Defense Agency;
``(2) not for the time needed for public use; and
``(3) not excess property, as defined by section 3 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
``(h) A lease under subsection (g)--
``(1) may not be for more than five years unless the
Director of the Defense Agency concerned determines that a
lease for a longer period will promote the national defense or
be in the public interest;
``(2) may give the lessee the first right to buy the
property if the lease is revoked to allow the United States to
sell the property under any other provision of law;
``(3) shall permit the Director to revoke the lease at any
time, unless he determines that the omission of such a
provision will promote the national defense or be in the public
interest; and
``(4) may provide, notwithstanding any other provision of
law, for the improvement, maintenance, protection, repair,
restoration, or replacement by the lessee, of the property
leased as the payment of part or all of the consideration for
the lease.
``(i) Money rentals received pursuant to leases entered into by the
Director of a Defense Agency under subsection (h) shall be deposited in
a special account in the Treasury established for such Defense Agency.
Such sums deposited in a Defense Agency's special account shall be
available, as provided in appropriations acts, solely for the
maintenance, repair, restoration, or replacement of the leased
property.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. AMENDMENT TO FREQUENCY OF PROVIDING POLICY GUIDANCE FOR
CONTINGENCY PLANS.
Section 113(g) of title 10, United States Code, is amended in
paragraph (2) by striking ``annually'' and inserting in lieu thereof
``every two years or as needed''.
SEC. 902. REVISION OF MEMBERSHIP TERMS FOR STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM SCIENTIFIC ADVISORY
BOARD.
Section 2904(b) of title 10, United States Code, is amended in
paragraph (4) by striking ``three'' and inserting in lieu thereof ``not
less than two and not more than four''.
SEC. 903. CLOSURE OF THE UNIFORM SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Repeal of Authority.--Chapter 104 of title 10, United States
Code is hereby repealed.
(b) Phase-Out Process.--(1) Notwithstanding any other provision of
law, the Secretary of Defense shall phase out the Uniformed Services
University of the Health Sciences, beginning in fiscal year 1998, and
ending with the closure of such University not later than September 30,
2001. No provision of section 2687 of title 10, United States Code, or
of any other law establishing preconditions to the closure of any
activity of the Department of Defense shall operate to establish any
precondition to the phase-out and closure of the Uniformed Services
University of Health Sciences as required by this Act.
(2) Under the phase-out process required by paragraph (1), the
Secretary of Defense may exercise all of the authorities pertaining to
the operations of the Uniformed Services University of the Health
Sciences that were granted to the Secretary of Defense, the Board of
Regents, or the Dean of the Uniformed Services University of the Health
Sciences by Chapter 104 of title 10, United States Code, prior to
enactment of the repeal of that chapter by subsection (a). Such
authorities may be exercised by the Secretary of Defense so as to
achieve an orderly phase-out of operations of the Uniformed Services
University of the Health Sciences.
(3) No new class of students may be admitted to begin studies in
the Uniformed Services University of the Health Sciences after
September 30, 1997. No students may be awarded degrees by such
University after September 30, 2001, except that the Secretary may
grant exceptions on a case-by-case basis for any students who by that
date have completed substantially all degree requirements.
(c) Authorities Affected.--(1) Commissioned service obligations
incurred by students of the Uniformed Services University of the Health
Sciences shall be unaffected by enactment of the repeal of chapter 104
of title 10, United States Code, by subsection (a).
(2) Nothing in this Act shall be construed as limiting the exercise
by the Secretary of Defense of other authorities under law pertaining
to health sciences education, training, and professional development,
graduate medical education, medical and scientific research, and
similar activities. To the extent the Secretary of Defense assigned any
such activities to another component or entity of the Department of
Defense, such activities shall not be affected by the phase-out and
closure of the Uniformed Services University of the Health Sciences
pursuant to this Act.
(d) Conforming Amendments.--(1) Section 178 of title 10, United
States Code, pertaining to the Henry M. Jackson Foundation for the
Advancement of Military Medicine, is amended--
(A) in subsection (b), by striking ``Uniformed Services
University of the Health Sciences'' and inserting in lieu
thereof ``Department of Defense'';
(B) in subsection (c)(1)(B), by striking ``the Dean of the
Uniformed Services University of the Health Sciences'' and
inserting in lieu thereof ``a person designated by the
Secretary of Defense''; and
(C) in subsection (g)(1), by striking ``Uniformed Services
University of the Health Sciences'' and inserting in lieu
thereof ``Secretary of Defense''.
(2) Section 466 of the Public Health Service Act (42 U.S.C. Section
286a), pertaining to the Board of Regents of the National Library of
Medicine, is amended in subsection (a)(1)(B) by striking ``the Dean of
the Uniformed Services University of the Health Sciences''.
(e) Clerical Amendment.--The table of chapters at the beginning of
subtitle A and at the beginning of part III of such subtitle of title
10, United States Code, is amended by striking the items pertaining to
chapter 104.
SEC. 904. REPEAL OF REQUIREMENT TO OPERATE NAVAL ACADEMY DAIRY FARM,
GAMBRILLS, MARYLAND.
Section 810 of the Military Construction Authorization Act, 1968
(Public Law 90-110; 81 Stat. 309) is hereby repealed.
SEC. 905. INCLUSION OF INFORMATION RESOURCES MANAGEMENT COLLEGE IN THE
NATIONAL DEFENSE UNIVERSITY.
(a) Technical Amendment and Addition of Information Resources
Management College to the Definition of the National Defense
University.--Section 1595(d)(2) of title 10, United States Code, is
amended by striking ``the Institute for National Strategic Study'' and
inserting in lieu thereof ``the Institute for National Strategic
Studies, the Information Resources Management College''.
(b) Conforming Amendment.--Section 2162(d)(2) of title 10, United
States Code, is amended by inserting ``the Institute for National
Strategic Studies, the Information Resources Management College,''
after ``the Armed Forces Staff College,''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TWO-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Act of 1992 (Public
Law 102-484; 106 Stat. 2570; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking ``or'' after ``fiscal
year 1996,'' and by inserting ``, $15,000,000 for fiscal year
1998, or $15,000,000 for fiscal year 1999'' before the period
at the end; and
(2) in subsection (f), by striking ``1997'' and inserting
in lieu thereof ``1999''.
Subtitle B--Other Matters
SEC. 1010. NEGOTIATING SALES OF VESSELS STRICKEN FROM THE NAVAL
REGISTER.
Section 7305(c) of title 10, United States Code, is amended to read
as follows:
``(c) Procedures for Sale.--A vessel stricken from the Naval
Register and not subject to disposal under any other law may be sold
under this section. In such a case, a vessel may be sold, regardless of
the appraised value of the vessel, to the highest acceptable bidder
after the vessel is publicly advertised for sale for a period of not
less than 30 days or to the acceptable offeror submitting the most
advantageous proposal, price and other factors considered, by means of
competitive negotiations. All bids or offers may be rejected if it is
in the Government's best interest to do so. The determination of the
method of sale shall depend upon the particular circumstances
surrounding the proposed sale.''.
SEC. 1011. AUTHORITY TO CHARTER VESSEL FOR LONGER THAN FIVE YEARS IN
SUPPORT OF SURVEILLANCE TOWED ARRAY SENSOR (SURTASS)
PROGRAM.
Pursuant to section 2401(b)(1)(A) of title 10, United States Code,
the Secretary of the Navy is authorized to charter a vessel in support
of the SURTASS Program through Fiscal Year 2003.
SEC. 1012. EIGHTEEN MONTH SHIPBUILDING CLAIMS.
(a) Repeal.--(1) Section 2405 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 141 of such
title 10 is amended by striking the item that refers to section 2405.
(b) Effective Date.--Repeal is effective for all shipbuilding
contracts and any claim, request for equitable adjustment or demand for
payment submitted thereunder on, before, or after the date of enactment
of this Act, except that the repeal by this Act shall not apply to any
claim, request for equitable adjustment or demand for payment (1) the
appeal of which has been denied or dismissed by a court or board of
contract appeals and where such court or board decision has become
final and unappealable, (2) which has been denied by a final decision
of a contracting officer and the time limit for appealing the decision
under the Contract Disputes Act of 1978, as amended, to a court or
board has expired, or (3) which has been released by a contractor.
Subtitle C--Other Matters
SEC. 1020. ARREST AUTHORITY FOR SPECIAL AGENTS OF THE DEFENSE CRIMINAL
INVESTIGATIVE SERVICE.
(a) Arrest Authority.--Chapter 81 of title 10, United States Code,
is amended by inserting after section 1585 the following new section
1585b:
``Sec. 1585b. Arrest authority for special agents of the Defense
Criminal Investigative Service
``(a) Upon designation by the Secretary of Defense, a Special Agent
of the Defense Criminal Investigative Service, may--
``(1) carry firearms;
``(2) execute and serve any warrant or other processes
issued under the authority of the United States; and
``(3) make arrests without warrant for--
``(A) any offense against the United States
committed in such officer's presence; or
``(B) any felony cognizable under the laws of the
United States if such agent has probable cause to
believe that the person to be arrested has committed or
is committing such felony.
``(b) The powers granted under subsection (a) of this section shall
be exercised in accordance with guidelines approved by the Attorney
General.''.
(b) Conforming Amendment.--The table of sections for such chapter
81 is amended by inserting after the item relating to section 1585 the
following new item:
``1585b. Arrest authority for special agents of the Defense Criminal
Investigative Service.''.
SEC. 1021. ACCESS TO PRE-ACCESSION OFFENDER RECORDS.
Section 520a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``requested'' and
inserting in lieu thereof ``required'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Costs to the Secretary concerned for providing criminal
history information under this section shall be no greater than the
costs for providing such information to law enforcement agencies of the
State or the unit of general local government of the State.''.
SEC. 1022. EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
Section 1031(a) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637), is amended by
striking ``1997'' and inserting in lieu thereof ``1998''.
SEC. 1023. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.
(a) Authority To Accept Foreign Gifts and Donations.--(1) The
Secretary of Defense may, on behalf of the Asia-Pacific Center for
Security Studies (in this section referred to as Asia-Pacific Center),
accept foreign gifts or donations in order to defray the costs of, or
enhance the operation of, the Asia-Pacific Center.
(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available to the Department of Defense for
the Asia-Pacific Center. Funds so credited shall be available for the
Center for the same purposes and for the same period of availability of
the appropriations.
(3) The Secretary of Defense shall notify Congress if total
contributions of money under paragraph (1) exceeds $2,000,000 in any
fiscal year. Any such notice shall list each of the contributors of
such amounts and the amount of each contribution in such fiscal year.
(4) For purposes of this subsection, a foreign gift or donation is
a gift or donation of funds, materials (including research materials),
property, and services (including lecture services and faculty
services) from a foreign government, foundation or other charitable
organization in a foreign country, or an individual in a foreign
country.
(5) The Secretary shall establish written guidelines setting forth
the criteria to be used in determining whether the acceptance of
contributions of money or services pursuant to paragraph (1) would
reflect unfavorably upon the ability of the Department of Defense or
any employee to carry out its responsibilities or official duties in a
fair and objective manner, or would compromise the integrity or the
appearance of the integrity of its programs or any official involved in
those programs.
(b) Asia-Pacific Center Participation by Foreign Nations.--(1)
Notwithstanding any other provision of law, the Secretary of Defense
may authorize representatives of a foreign government to participate in
a program of the Asia-Pacific Center, if the Secretary determines, in
consultation with the Secretary of State, that such participation is in
the national interest of the United States.
(2) Not later than January 31 of each year, the Secretary of
Defense shall submit to Congress a report setting forth the foreign
governments permitted to participate in programs of the Center during
the preceding year under the authority provided in paragraph (1).
SEC. 1024. PROTECTION OF CERTAIN IMAGERY AND GEOSPATIAL INFORMATION AND
DATA.
Section 455(b) of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``or capabilities''
after ``methods'';
(2) in paragraph (2), by inserting ``to include imagery,
imagery intelligence or geospatial information as defined in
section 467'' after ``related product''.
SEC. 1025. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM.
(a) Extension of Authority.--The authority to carry out a pilot
program under section 1091(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2519; 32 U.S.C. 501
note) is continued through September 30, 1999.
(b) Limitation on Number of Programs.--During the period beginning
on the date of the enactment of this Act and ending on the first day of
October, 1998, under subsection (a), the number of programs carried out
under subsection (d) of that section as part of the pilot program may
not exceed the number of such programs as of September 30, 1995.
(c) Conforming Amendment.--Section 573 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
355; 32 U.S.C. 501 note) is hereby repealed.
SEC. 1026. REPEAL OF ANNUAL DEPARTMENT OF DEFENSE CONVENTIONAL STANDOFF
WEAPONS MASTER PLAN AND REPORT ON STANDOFF MUNITIONS.
Section 1641 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1613; 10 U.S.C. 2431
note) is repealed.
SEC. 1027. REVISIONS TO THE BALLISTIC MISSILE DEFENSE ACT OF 1995.
Section 234(a) of the Ballistic Missile Defense Act of 1995
(Subtitle C of title II of the National Defense Authorization Act of
1996 (Public Law 104-106; 110 Stat. 229)) is amended--
(1) in the matter preceding the colon by striking ``, to be
carried out so as to achieve the specified capabilities'';
(2) in paragraph (1) by striking ``, with first unit
equipped during fiscal year 1998'';
(3) in paragraph (2), by striking ``, with a user
operational evaluation system (UOES) capability during fiscal
year 1997 and an initial operational capability (IOC) during
fiscal year 1999'';
(4) in paragraph (3), by striking ``, with a user
operational evaluation system (UOES) capability not later than
fiscal year 1998 and a first unit equipped (FUE) not later than
fiscal year 2000''; and
(5) in paragraph (4), by striking ``, with a user
operational evaluation system (UORS) capability during fiscal
year 1999 and an initial operational capability (IOC) during
fiscal year 2001''.
SEC. 1028. REPEAL OF REPORTING REQUIREMENTS, SPECIAL OPERATIONS FORCES:
TRAINING WITH FRIENDLY FOREIGN FORCES.
Section 2011 of title 10, United States Code, is amended by
striking subsection (e).
Subtitle D--Military Construction Provisions
SEC. 1031. AUTHORITY FOR THE SECRETARY OF THE ARMY TO CONSTRUCT A
HELIPORT AT FORT IRWIN, CALIFORNIA.
Using amounts appropriated pursuant to the authorization of
appropriations in the Military Construction Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3027) for military
construction at Fort Irwin and appropriated pursuant to the
authorization of appropriations in the Military Construction
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
523) for military construction at Fort Irwin, the Secretary of the Army
may carry out the construction of a heliport at Fort Irwin, California.
SEC. 1032. REPEAL OF REPORTS REQUIRED BY MILITARY CONSTRUCTION
AUTHORIZATION ACTS.
(a) Requirement, Waiver and Report Relating to the Procurement of
Overseas Family Housing From a United States Contractor.--Section 803
of the Military Construction Authorization Act, 1984 (Public Law 98-
115; 97 Stat. 784; 10 U.S.C. 2821 note) is repealed.
(b) Report on Funding for Naval Strategic Homeporting.--Section 205
of the Military Construction Authorization Act, 1986 (Public Law 99-
167; 99 Stat. 971) is repealed.
(c) Report on Proposed Contract for Sale of Gregg Circle Area, Fort
Jackson, South Carolina.--Section 840 of the Military Construction
Authorization Act, 1986 (Public Law 99-167; 99 Stat. 997) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 1033. FINANCIAL INCENTIVES FOR ENERGY SAVINGS.
Section 2865 of title 10, United States Code, is amended as
follows:
(1) In subsection (b)(1) by striking from the first
sentence ``and financial incentives described in subsection
(d)(2)''.
(2) In subsection (d)(2) by adding at the end thereof the
following new sentence: ``Financial incentives received from
gas or electric utilities under this subparagraph, and under
2866(b)(2), shall be credited to an appropriation designated by
the Secretary of Defense or designee. The impact of this
initiative will be reflected in the Secretary's annual energy
report.''.
SEC. 1034. WATER CONSERVATION FINANCIAL INCENTIVES.
Section 2866(b) of title 10, United States Code, is amended as
follows:
(1) by inserting ``and Financial Incentives'' immediately
after ``Use of Water Cost Savings'';
(2) by inserting ``(1)'' immediately before ``Water cost
savings''; and
(3) by inserting the following new subparagraph at the end
thereof:
``(2) Water financial incentives realized under this
section shall be used as provided in section 2865(d)(2).''.
SEC. 1035. PRIVATIZATION OF GOVERNMENT OWNED UTILITY SYSTEMS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting the following new section at the end thereof:
``Sec. 2694. Privatization of Government-owned utility systems
``(a) Authority.--The Secretary of a military department may convey
all right, title, and interest of the United States, or any lesser
estate as appropriate to serve the interests of the United States, in
any utility system or part of a utility system, located on or adjacent
to a military installation under the control of that department, to a
municipal, private, regional, district, or cooperative utility company
or other entity. Such utility systems may include, but are not limited
to, electrical generation and supply, water supply, water treatment,
wastewater collection, wastewater treatment, steam/hot/chilled water
generation and supply, and natural gas supply.
``(b) Consideration.--Any consideration received for a conveyance
under subsection (a) may be accepted in the form of a lump sum payment
or a reduction in utility rate charges for a period of time sufficient
to amortize the monetary value of the utility system, including any
real property interests, conveyed. Any lump sum payment received shall
be credited to an appropriation designed as appropriate by the
Secretary of Defense or a designee of the Secretary. Amounts so
credited shall be available for the same time period as the
appropriation credited and shall be used only for the purposes
authorized for that appropriation.
``(c) Notice and Wait Requirements.--A conveyance may not be made
under subsection (a) until--
``(1) the Secretary submits to the appropriate committees
of Congress, in writing, an economic analysis (based upon
accepted life-cycle costing procedures) which demonstrates that
the full cost to the taxpayer of the proposed conveyance is
cost-effective when compared with alternative means of
furnishing the same utility systems; and
``(2) a period of 21 days has elapsed after the date on
which the economic analysis is received by the committees.
``(d) Additional Terms and Conditions.--The Secretary concerned may
require such additional terms and conditions in a conveyance entered
into under subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
``(e) Relief From Formal Cost Comparison.--Chapter 146 of title 10,
United States Code, and section 257(e) of the Budget Enforcement Act,
shall not apply to any conveyance under subsection (a) that results in
the transfer of ownership of related utility assets.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting the following new item:
``2694. Privatization of Government owned utility systems.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORIZATION.
(a) Extension.--Section 5597(e) of title 5, United States Code, is
amended by striking ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2001''.
(b) Remittance of Funds.--Section 5597 of title 5, United States
Code, is amended by adding at the end the following new subsection:
``(h)(1) In addition to any other payments which it is required to
make under subchapter III of chapter 83 or chapter 84, the Department
of Defense shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 15 percent of
the final basic pay of each employee of the Department who is covered
under subchapter III of chapter 83 or chapter 84 to whom a voluntary
separation incentive has been paid under this section based on
separation on or after October 1, 1997. The remittance required by this
subsection shall be in lieu of any remittance required under section
4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331
note).
``(2) For the purpose of this subsection, the term `final basic
pay', with respect to an employee, means the total amount of basic pay
which would be payable for a year of service by such employee, computed
using the employee's final rate of basic pay, and, if last serving on
other than a full-time basis, with appropriate adjustment therefor.''.
(c) Conforming Amendment.--Section 4436(d)(2) of the Defense
Conversion, Reinvestment, and Transition Act of 1992 (5 U.S.C. 8348
note) is amended by striking ``January 1, 2000'' and inserting in lieu
thereof ``January 1, 2002''.
SEC. 1102. ELIMINATION OF TIME LIMITATION FOR PLACEMENT CONSIDERATION
OF INVOLUNTARILY SEPARATED RESERVE TECHNICIANS.
Section 3329(b) of title 5, United States Code, is amended by
striking ``a position described in subsection (c) not later than 6
months after the date of the application''.
SEC. 1103. PAY PRACTICES WHEN OVERSEAS TEACHERS TRANSFER TO GENERAL
SCHEDULE POSITIONS.
Section 5334(d) of title 5, United States Code, is amended by
inserting ``such amounts as may be authorized, if any, under
regulations issued by the Secretary of Defense, up to'' after ``is
deemed increased by''.
SEC. 1104. CITIZENSHIP REQUIREMENTS FOR STAFF OF THE GEORGE C. MARSHALL
CENTER FOR SECURITY STUDIES.
Section 506 of the Intelligence Authorization Act, Fiscal Year 1990
(Public Law 101-193; 103 Stat. 1709) is amended--
(1) in the section heading, by striking ``united states
army russian institute'' and inserting in lieu thereof ``george
c. marshall european center for security studies'';
(2) in subsection (a), by striking ``United States Army
Russian Institute'' and inserting in lieu thereof ``George C.
Marshall European Center for Security Studies''; and
(3) in subsection (c), by adding at the end the following
sentence: ``No prior admission for permanent residence shall be
required.''.
SEC. 1105. PRESERVATION OF CIVIL SERVICE RIGHTS FOR EMPLOYEES OF THE
FORMER DEFENSE MAPPING AGENCY.
Section 1612(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``in paragraph (2)'' and inserting
in lieu thereof ``in paragraph (3)''; and
(B) by striking ``to paragraph (3)'' and inserting
in lieu thereof ``to paragraph (4)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting the following new paragraph (2):
``(2) For each former Defense Mapping Agency employee who
was in a position established under title 5, United States
Code, and who on October 1, 1996, became an employee of the
National Imagery and Mapping Agency under 1601(a)(1) of this
title, and for whom the provisions of law referred to in
paragraph (3) applied before October 1, 1996, such provisions
of law shall, subject to paragraph (4), continue to apply for
as long as the employee continues to serve as a Department of
Defense employee in the National Imagery and Mapping Agency
without a break in service.'';
(4) in paragraph (3), as so redesignated, by striking ``by
paragraph (1)'' and inserting in lieu thereof ``by paragraphs
(1) and (2) ''; and
(5) in paragraph (4), as so redesignated, by striking ``by
paragraph (1)'' and inserting in lieu thereof ``by paragraphs
(1) and (2)''.
SEC. 1106. AUTHORIZATION FOR THE MARINE CORPS UNIVERSITY TO EMPLOY
CIVILIAN PROFESSORS.
(a) In General.--Section 7478 of title 10, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 7478. Naval War College and Marine Corps University: civilian
faculty members'';
(2) in subsection (a), by striking ``or at the Marine Corps
Command and Staff College'' and inserting in lieu thereof ``or
at a school of the Marine Corps University''; and
(3) in subsection (c), by striking ``or at the Marine Corps
Command and Staff College'' and inserting in lieu thereof ``or
at a school of the Marine Corps University''.
(b) Clerical Amendment.--The table of sections for chapter 643 of
such title 10 is amended by amending the item relating to section 7478
to read as follows:
``7478. Naval War College and Marine Corps University: civilian faculty
members.''.
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