Segment 1 Of 5 Next Hearing Segment(2)
SPEAKERS CONTENTS INSERTS
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47–311
1998
[H.N.S.C. No. 105–5]
HEARINGS
ON
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1998—H.R. 1119
AND
OVERSIGHT OF PREVIOUSLY AUTHORIZED PROGRAMS
BEFORE THE
COMMITTEE ON NATIONAL SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTH CONGRESS
FIRST SESSION
MILITARY READINESS SUBCOMMITTEE HEARINGS
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ON
TITLE III—OPERATION AND MAINTENANCE
HEARINGS HELD
MARCH 3, 4, 11, 12, 18, AND MAY 7, 1997
47–311
1998
[H.N.S.C. No. 105–5]
HEARINGS
ON
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1998—H.R. 1119
AND
OVERSIGHT OF PREVIOUSLY AUTHORIZED PROGRAMS
BEFORE THE
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COMMITTEE ON NATIONAL SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTH CONGRESS
FIRST SESSION
MILITARY READINESS SUBCOMMITTEE HEARINGS
ON
TITLE III—OPERATION AND MAINTENANCE
HEARINGS HELD
MARCH 3, 4, 11, 12, 18, AND MAY 7, 1997
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998—H.R. 1119 AND OVERSIGHT OF PREVIOUSLY AUTHORIZED PROGRAMS, TITLE III—OPERATION AND MAINTENANCE
MILITARY READINESS SUBCOMMITTEE
HERBERT H. BATEMAN, Virginia, Chairman
JOHN R. KASICH, Ohio
TILLIE K. FOWLER, Florida
SAXBY CHAMBLISS, Georgia
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WALTER B. JONES, Jr., North Carolina
BOB RILEY, Alabama
JIM GIBBONS, Nevada
DUNCAN HUNTER, California
JAMES V. HANSEN, Utah
CURT WELDON, Pennsylvania
HOWARD ''BUCK'' McKEON, California
NORMAN SISISKY, Virginia
SOLOMON P. ORTIZ, Texas
OWEN PICKETT, Virginia
LANE EVANS, Illinois
GENE TAYLOR, Mississippi
MARTIN T. MEEHAN, Massachusetts
ROBERT A. UNDERWOOD, Guam
PAUL McHALE, Pennsylvania
CIRO D. RODRIGUEZ, Texas
Peter M. Steffes, Professional Staff Member
Joseph F. Boessen, Professional Staff Member
Lara L. Roholt, Professional Staff Member
Diane Bowman, Staff Assistant
(ii)
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C O N T E N T S
CHRONOLOGICAL LIST OF HEARINGS
1997
HEARINGS:
Monday, March 3, 1997, Readiness Trends and Perspectives
Tuesday, March 4, 1997, Readiness and Personnel: Views from the Field
Tuesday, March 11, 1997, Measuring Readiness
Wednesday, March 12, 1997, Reform Initiatives
Tuesday, March 18, 1997, Depot-Level Maintenance Issues
Tuesday, April 8, 1997, DoD Acquisition workforce (joint with Military Procurement, printed in Procurement Hearing 105–3.)
Wednesday, May 7, 1997, Naval Petroleum Reserves
APPENDIXES:
Monday, March 3, 1997
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Tuesday, March 4, 1997
Tuesday, March 11, 1997
Wednesday, March 12, 1997
Tuesday, March 18, 1997
Wednesday, May 7, 1997
MONDAY, MARCH 3, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
WITNESSES
Ashenfelter, M. Chief Terrance, USN, Command Master Chief Air Wing SEVEN
Carpenter, Col. William D., USAF, Acting Commander, 1st Fighter Wing
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Gutierrez, M. Sgt. Juan, USA, Maintenance NCOIC 1st, 108th Air Defense Brigade, Fort Bliss, Texas
Hallstein, M. Chief Robert R., USN, Command Master Chief, USS Enterprise CVN–65
Hawley, Gen. Richard E., USAF, Commander, Air Combat Command
Henderson, Col. Mark, USA, Commander, 7th Transportation Group
Jan, Capt. Kolin M., USN, Commander, Carrier Air Wing SEVEN
Keane, Lt. Gen. John M., USA, Commanding General, XVIII Airborne Corps, Fort. Bragg, North Carolina
Krebs, Senior M. Sgt. Dennis M., USAF, Sortie Generation Flight Chief, 71st Fighter Squadron, 1st Fighter Wing
Lambert, Sgt. First Class Bryan Charles, USA, First Sergeant C Company/2–504th Infantry Battalion, 1st Brigade, 82nd Airborne Division, Fort Bragg, North Carolina
Laramore, Col. William F., USA, Commander 108th Air Defense Artillery, Separate Brigade, Patriot
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Malone, Capt. Michael D., USN, Commanding Officer, USS Enterprise CVN–65
McElrea, M. Sgt. Rodger, USAF, Superintendent Aircrew Training, 437th Airlift Wing
Murrell, Sgt. First Class Janice F., USA, Operations Sergeant, 7th Transportation Group
Petroaeus, Col. David H., USA, Commander 1st Brigade, 82nd Airborne Division
Reason, Adm. J. Paul, USN, Commander in Chief, Atlantic Fleet (CINCANTFLT)
Roser, Brig. Gen. Steven A., USAF, Commander 437th Airlift Wing
Rupp, First Sgt. Christopher A., USMC, First Sergeant, Company K, 3rd Battalion, 8th Marine Regiment, 2nd Marine Division, Camp Lejeune, North Carolina
Sattler, Col. John F., USMC, Commanding Officer, 2nd Marine Regiment, 2nd Marine Division, Camp Lejeune, North Carolina
Shields, Capt. Robert B., USN, Commanding Officer, USS Vicksburg CG–69
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Tsikouris, M. Chief Michael, USN, Command Master Chief, USS Vicksburg CG–69
Wilhelm, Lt. Gen. Charles E., USMC, Commanding General, U.S. Marine Forces Atlantic, Commanding General, U.S. Fleet Marine Forces Atlantic, Commanding General, II Marine Expeditionary Force, Camp Lejeune, North Carolina
APPENDIX
PREPARED STATEMENTS:
Carpenter, Col. William D.
Hawley, Gen. Richard E.
Henderson, Col. Mark
Keane, Lt. Gen. John M.
Krebs, Senior M. Sgt. Dennis M.
Laramore, Col. William F.
McElrea, M. Sgt. Rodger
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Petroaeus, Col. David H.
Reason, Adm. J. Paul
Roser, Brig. Gen. Steven A.
Rupp, First Sgt. Christopher A.
Sattler, Col. John F.
Wilhelm, Lt. Gen. Charles E.
TUESDAY, MARCH 4, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Buyer, Hon. Steve, a Representative from Indiana, Chairman, Military Personnel Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
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Taylor, Hon. Gene, a Representative from Mississippi, Ranking Member, Military Personnel Subcommittee
WITNESSES
Abbot, Vice Adm. Charles, USN, Commander, 6th Fleet, Italy
Branch, Nancy, Spouse of Capt. Branch, USN, Commanding Officer, USS George Washington, CVN–73, Norfolk, Virginia
Constance, Sgt. Maj. Charles E., USMC, Regimental Sergeant Major, 1st Marine Regiment, Camp Pendleton, California
Fulford, Lt. Gen. Carlton W., USMC, Commander, 1st Marine Expeditionary Force, Camp Pendleton, California
Hummer, Sheri Anne, Spouse of Lt. Col. Hummer, Commanding Officer, First Battalion, 1st Marine Regiment, 1st Marine Division, Camp Pendleton, California
Iverson, Lt. Gen. Ronald W., USAF, Commander, 7th Air Force, Osan Air Force Base, Korea
Kresge, Mary L. (Lori), Spouse of Lt. Col. Kresge, Commander, 27th Fighter Squadron, Langley Air Force Base, Langley, Virginia
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Moseley, Brig. Gen. T. Michael, USAF, Commander, 57th Wing, Nellis Air Force Base, Nevada
Olson, Vicki, Spouse of Col. Olson, USA, Previous Commander, 3rd Brigade, 1st Cavalry Division, Fort Hood, Texas
Richard, Brig. Gen. Ronald G., USMC, Commanding General, Marine Corps Air Ground Combat Center, 29 Palms, California
Scheetz, Senior Chief Petty Officer Renee S., USN, USS Simon Lake, AS 33, Lamaddalena, Sardinia, Italy
Schwartz, Lt. Gen. Thomas A., USA, Commander, III Corps, Fort Hood, Texas
Simmons, SMSgt. Gary, USAF, 25th Fighter Squadron, Osan Air Force Base, Korea
Smith, Rear Adm. Bernard J., USN, Commander, Naval Tactical Warfare Center, Fallon, Nevada
Thomas, CSM Roy, USA, 2nd Brigade, 1st Cavalry Division, Fort Hood, Texas
Wallace, Brig. Gen. William S., USA, Commander, National Training Center, Fort Irwin, California
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APPENDIX
PREPARED STATEMENTS:
Abbot, Vice Adm. Charles
Constance, Sgt. Maj. Charles E.
Fulford, Lt. Gen. Carlton W.
Hummer, Sheri Anne
Iverson, Lt. Gen. Ronald W.
Kresge, Mary L. (Lori)
Moseley, Brig. Gen. T. Michael
Olson, Vicki
Richard, Brig. Gen. Ronald G.
Schwartz, Lt. Gen. Thomas A.
Simmons, SMSgt. Gary
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Smith, Rear Adm. Bernard J.
Thomas, CSM Roy
Wallace, Brig. Gen. William S.
DOCUMENTS SUBMITTED FOR THE RECORD:
Questions and Answers
TUESDAY, MARCH 11, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
WITNESSES
Broderick, Brig. Gen. Matthew E., USMC, Director of Operations, Division, Plans, Policy and Operations Division, Headquarters
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Craine, Rear Adm. John W., Jr., USN, Director of Assessments
Finch, Louis C., Deputy Under Secretary of Defense (Readiness), Department of Defense
Gebicke, Mark E., Director of Military Operations and Capabilities, General Accounting Office
Grange, Maj. Gen. David L., USA, Director of Operations, Readiness and Mobilization
Peterson, Maj. Gen. Donald L., USAF, Assistant Deputy Chief of Staff for Air and Space Operations, Headquarters
Plummer, Brig. Gen. Stephen B., USAF, Deputy Director, Current Readiness and Capabilities, Joint Chiefs of Staff (J–38)
APPENDIX
PREPARED STATEMENTS:
Broderick, Brig. Gen. Matthew E.
Craine, Rear Adm. John W., Jr.
Finch, Louis C.
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Gebicke, Mark E.
Grange, Maj. Gen. David L.
Peterson, Maj. Gen. Donald L.
DOCUMENTS SUBMITTED FOR THE RECORD:
Questions and Answers
TUESDAY, MARCH 12, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
WITNESSES
Cameron, Brig. Gen. Hugh, USAF, Commander, Air Force Center for Quality and Management Innovations
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Cloudsdale, Roy, Vice President, Global Business Delivery Systems, Integrated Facility Management, Johnson Controls, Inc.
Engebretson, Gary D., President, Contract Services Association of America
Goodman, John B., Deputy Under Secretary of Defense for Industrial Affairs and Installations, Department of Defense
Harnage, Bobby L., Sr., National Secretary Treasurer, American Federation of Government Employees, AFL–CIO
Hewitt, Thomas L., President and CEO, Federal Sources, Inc.
House, Maj. Gen. Randolph W., USA, Assistant Chief of Staff for Installations Management
Kawaguchi, Stanley K., President, American Consulting Engineers Council
Scudi, Rear Adm. John T., Director of Shore Installation Management, Department of the Navy
Stewart, Maj. Gen. Joseph D., USMC, Deputy Chief of Staff for Installations Management
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Warren, David R., Director, Defense Management Issues, National Security and International Affairs Division, General Accounting Office, accompanied by Julia C. Denman, Assistant Director for Defense Management Issues, National Security and International Affairs Division; and Barry W. Holman, Assistant Director for Military Operations and Capability Issues, National Security and International Affairs Division
APPENDIX
PREPARED STATEMENTS:
Duncan, Hon. John J.
Warren, David R.
Goodman, John B.
House, Maj. Gen. Randolph W.
Scudi, Rear Adm. John T.
Cameron, Brig. Gen. Hugh
Stewart, Maj. Gen. Joseph D.
Harnage, Bobby L., Sr.
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Engebretson, Gary D.
Kawaguchi, Stanley K.
Hewitt, Thomas L.
Cloudsdale, Roy
DOCUMENTS SUBMITTED FOR THE RECORD:
Association of Independent Engineering and Testing Firms (formerly ACIL) statement
Business Coalition for Fair Competition
Questions and Answers
TUESDAY, MARCH 18, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
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WITNESSES
Adams, Barry K., President, National Council Industrial Naval Air Stations Association
Lockard, Vice Adm. John A., Commander, Naval Air Systems Command
Schaffer, Nancy H., President, Zone 7, Federal Managers Association
Skibbie, Lt. Gen. Lawrence F., USA (Retired), President, American Defense Preparedness Association, National Security Industrial Association
Sterner, Vice Adm. George R., Commander, Naval Sea Systems Command
Stewart, Maj. Gen. Joseph D., USMC, Deputy Chief of Staff for Installations Management
Viccellio, Gen. Henry Jr., Commander, Air Force Materiel Command
Warren, David R., Director, Defense Management Issues, General Accounting Office; accompanied by John G. Brosnam, Assistant General Counsel for National Security and International Affairs Division; and Julia C. Denman, Assistant Director for Defense Management Issues, National Security and International Affairs Division
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Wilson, Gen. Johnnie E., USA, Commanding General, Army Materiel Command
APPENDIX
PREPARED STATEMENTS:
Adams, Barry K.
Lockard, Vice Adm. John A.
Schaffer, Nancy H.
Sisisky, Hon. Norman
Skibbie, Lt. Gen. Lawrence F.
Sterner, Vice Adm. George R.
Stewart, Maj. Gen. Joseph D.
Warren, David R.
Wilson, Gen. Johnnie E.
DOCUMENTS SUBMITTED FOR THE RECORD:
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AFGE Statement by Lou Georges
AFGE Statement by Bobby L. Harnage, Sr.
Letter to Hon. Herbert Bateman from Hon. James V. Hansen w/attachments
Questions and Answers
WEDNESDAY, MAY 7, 1997
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Bateman, Hon. Herbert H., a Representative from Virginia, Chairman, Military Readiness Subcommittee
Sisisky, Hon. Norman, a Representative from Virginia, Ranking Member, Military Readiness Subcommittee
WITNESSES
Fitzgerald, Martin J., Associate General Counsel, accompanied by Jackie Goff, Office of General Counsel, U.S. General Accounting Office
Godley, Patricia Fry, Assistant Secretary for Fossil Energy, U.S. Department of Energy
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Hefley, Hon. Joel, a Representative from Colorado
APPENDIX
PREPARED STATEMENTS:
Fitzgerald, Martin J.
Godley, Secretary Patricia Fry
Hefley, Hon. Joel
Thomas, Hon. Bill
DOCUMENTS SUBMITTED FOR THE RECORD:
Bill—H.R. 1163
Chart by the Colorado Oil & Gas Conservation Commission
Letter from Roy Romer to the then Department of Energy Secretary Hazel O'Leary
Letter from the Executive Director, James Lochhead to the then Senator Hank Brown
Letter from Commissioner Director Rich Griebling, to the CBO budget analyst, Kathy Gramp
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Questions and Answers
105TH CONGRESS
1ST SESSION
H. R. 1119
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 HOUSE OF REPRESENTATIVES
March 19, 1997
Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the following bill; which was read twice and referred to the Committee on National Security
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''.
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* * * * * * *
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.
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(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.
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(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.
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(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.
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(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:
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(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.
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(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.''.
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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
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(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
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(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).
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(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.
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(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.
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(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:
''§ 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.
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''(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:
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''7047. Admission of civilians.''.
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Next Hearing Segment(2)