Congressional Record: April 27, 1995 (Senate) - Pages S5805 - S5843
From the Congressional Record Online via GPO Access - DOCID:cr27ap95-42: Part 3
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
Subtitle C--Other Matters
Section 921. Reduction of reporting requirements
The purpose of this proposal is to reduce the Department of
Defense reporting requirements determined to be unnecessary
or incompatible with efficient management.
Subsection (a)--Closure of Military Child Development
Centers for Uncorrected Inspection Violations.--Section
1505(f)(3) of the Military Child Care Act of 1989 requires
the Secretary of Defense to inspect military child
development centers not less than four times a year. All
inspections should be unannounced and at least one each
should be carried out by an installation representative and a
major command representative. If a violation occurs, the
centers have 90 days to correct it or be forced to close
down. If after 90 days the violation is still not corrected,
the Secretary of the military department concerned shall
forward a report to both the House and Senate Armed Services
committee notifying them of the closure. The report shall
include (a) notice of the violation that resulted in the
closing and the cost of remedying the violation; and, (b) a
statement of the reasons why the violation had not been
remedied as of the time of the report.
The Department of Defense has instituted a comprehensive
inspection system that mirrors a check and balance system.
Unannounced inspections are carried out at least four times a
year at each child development center and all levels
including the installation, major command, service, and
Department of Defense, are inspected in this system. The
Department of Defense inspection system is extremely
aggressive. Additionally, there is even a multi-disciplinary
Department of Defense team in place that inspects random
installations each year to check the military services
inspection procedures. Based on the provisions now in place
the requirement for this report is no longer necessary.
[[Page S5820]] Subsection (b)--Energy Savings at Military
Installations.--Section
2865(e) of title 10 authorizes the Secretary of Defense to
carry out a military construction project for energy
conservation, not previously authorized. It directs the
Secretary of Defense to notify in writing the Armed
Services and Appropriations Committees in both the House
and the Senate of his decision to carry out a project. The
project may then only be carried out after a 21 day period
after official notification of the committees.
This requirement should be eliminated since it is a
notification requirement only. Currently all new military
construction project plans incorporate programs to reduce
energy usage and procedures to protect our environment.
Subsection (c)--Military Relocation Assistance Programs.--
Section 1056 (f) of title 10 requires the Secretary of
Defense to submit a report to Congress not later than 1 March
of each year outlining assessments on available/affordable
private-sector housing available for military members and
their families, actual nonreimbursed costs associated with a
permanent change of station for military members and their
families, numbers of members who live on military
installations and those who do not live on military
installations, and the effects of the relocation assistance
programs on the quality of life for members of the Armed
Forces.
The Department has met all requirements outlined in this
section of title 10 related to relocation assistance.
Recommend termination of this report because it is a more
cost-effective use of limited manpower resources of the Armed
Forces to provide information when requested. The information
outlined in this report could be furnished to Congress or an
outside agency as needed in response to requests, saving
extremely needed personnel manhours.
Subsection (d)--Limitation on Source of Funds for
Nicaraguan Democratic Resistance.--Section 1351 of the
National Defense Authorization Act for Fiscal Year 1987
requires the Secretary of Defense not to expend any
operations and maintenance or other supplied funds in
providing support to the Nicaraguan democratic resistance
forces. If funds appropriated or otherwise made available to
the Department of Defense are authorized by law to be used
for such assistance, such funds may only be derived from
amounts appropriated for procurement (other than
ammunition). Before such funds are used the Secretary of
Defense shall submit a report to Congress describing the
specific source of the funds.
The Nicaraguan resistance is no longer in operation, so the
requirement for this report is no longer valid.
Subsection (e)--Limitation on Reductions in Medical
Personnel.--Section 711 of the National Defense Authorization
Act for Fiscal Year 1991 requires that before the Secretary
of Defense can reduce the number of medical personnel, he
must certify to Congress that the number of personnel being
reduced is in excess to the current and projected needs of
the military departments and such a reduction will not result
in an increase in Civilian Health and Medical Program of the
Uniformed Services.
This certification/report was required by Congress to
ensure that as the military departments and Department of
Defense downsized that the medical personnel were not
affected by the drawdown. Congress felt that any drawdown
affecting military medical personnel could both jeopardize
the care provided to members not affected by the drawdown and
also drive up the cost of Civilian Health and Medical Program
of the Uniformed Services. During the drawdown both military
and civilian medical personnel were prohibited from
participating in the reduction of forces thus protecting the
medical personnel levels.
As the downsizing nears its completion and the TRICARE
implementation program gets underway, the Department of
Defense needs to have the flexibility to tailor its medical
staff levels to correspond to the needs of the population.
This certification limits the Secretary of Defense management
authority and should be terminated.
Subsection (f)--Foreign National Employees Salary
Increase.--Section 1584(b) of title 10 requires the Secretary
of Defense to submit a report to the Appropriations and Armed
Services Committees of both the House and the Senate when any
salary increase granted to direct and indirect hire foreign
national employees, stated as a percentage, is greater than
percentage pay authorized for civilian employees of the
Department of Defense or when the percentage increase is
greater than the salary increase of the national government
employees of the host nation.
Due to continuing annual appropriations acts these payments
have been limited. The report has never been necessary and
the reporting requirement should be deleted.
Subsection (g)--Civilian Positions: Guidelines for
Reduction.--Section 1597 (c) and (e) of title 10 outlines the
requirements for three reports from the Secretary of Defense.
The first report requires the Secretary of Defense to
annually submit along with budget requests a report outlining
a master plan for civilians. The master plan should include
the tracking of accessions and losses of civilian positions,
numbers of civilian personnel both stateside and abroad, a
breakdown of civilians by service and major commands, a total
number of civilian employees, the number of foreign national
employees, and various other requirements.
The second report permits the Secretary of Defense to
provide a variation from the requirement outlined above if
deemed necessary in the interest of national security. If a
variation is needed, the Secretary of Defense shall
immediately notify the Congress of any such variation and the
reasons for such variation.
The third report prohibits the Secretary of Defense from
implementing any involuntary reduction or furlough of
civilian positions in a military department, Defense Agency,
or other component of the Department of Defense until the
expiration of a 45-day period beginning on the date which the
Secretary submits to Congress a report outlining the reasons
for the reduction or furlough and describing any change in
workload or position requirements that will result from such
reductions or furloughs.
Based on the fact that the civilian force is not as
structured as the military force, data to support such a
report is quite difficult to obtain. Through the submission
of O&M Justification Materials and the Defense Manpower
Requirements Report, information required by this report is
already accessible. Based on this, the Department of Defense
recommends that the first two reporting requirements be
deleted.
The third reporting requirement should be deleted based on
the fact that the Department of Defense already has in place
procedures in DOD Directive 5410.10 to notify Congress of
involuntary reductions affecting 50 or more federal civilian
employees or 100 or more contractor personnel. Any
additional requirements for reporting on such measures
causes a significant administrative burden on the entire
department including the services.
Subsection (h)--Industrial Fund Management Reports.--
Section 342 of the National Defense Authorization Act for
Fiscal Year 1993 requires the Secretary of Defense to submit
a report at the same time the President submits the budget to
Congress outlining the condition and operation of working-
capital funds. A report should be furnished for each
industrial fund or working capital fund. There are five
separate funds, one for each service and one for the
Department.
This reporting requirement should be deleted due to the
nonexistence of these reports within the Department of
Defense.
Subsection (i)--Elimination of Use of Class I Ozone-
Depleting Substances in Certain Military Procurement
Contracts.--Section 326(a) of the National Defense
Authorization Act for Fiscal Year 1993 outlines a reporting
requirement of the Secretary of Defense in relation to use of
certain class I ozone-depleting substances. The provision
noted states that no Department of Defense contract awarded
after June 1, 1993, may include a specification or standard
that requires the use of a class I ozone-depleting substance
or that can be met only through the use of such a substance
unless the inclusion of the specification or standard in the
contract is approved by the Senior Acquisition Official for
the procurement covered by the contract. The Senior
Acquisition Official may grant the approval only if the
Senior Acquisition Official determines (based upon the
certification of an appropriate technical representative of
this official) that a suitable substitute for the class I
ozone-depleting substance is not currently available. Each
official who grants an approval shall submit to the Secretary
of Defense a report on that approval or determination. The
Secretary of Defense shall promptly transmit to the
committees on Armed Services of the Senate and House of
Representatives each report submitted to him by the Senior
Acquisition Official. The Secretary of Defense shall transmit
the report in classified and unclassified forms.
Based on the fact that the production of halons was phased
out in January 1994, only recycled/reclaimed products may
now be procured. Production class I ozone depleting
substances, refrigerants, and solvents will be phased out
on January 1, 1996. Report uses a large quantity of
Department of Defense resources and provides no useful
management tool for Department of Defense or Congress.
Subsection (j)--Kinds of Contracts: Multiyear Contract
Certification.--Section 2306(h)(9) of title 10 states that a
multiyear contract may not be entered into for any fiscal
year for a defense acquisition program that has been
specifically authorized by law to be carried out using
multiyear contract authority unless each of the following
conditions are satisfied: 1) the Secretary of Defense
certifies to Congress that the current 5-year defense program
fully funds the support costs associated with the multiyear
program; and 2) the proposed multiyear contract provides for
production at not less than minimum economic rates given the
existing tooling and facilities.
Currently the Comptroller must provide a justification
package with the budget when any multiyear production
contracts are requested. Also, multiyear contracts are more
difficult to sustain during the current post cold-war defense
environment where the major focus now is towards the United
States maintaining its technology base capabilities. Outside
of the report mentioned from the Comptroller to Congress, all
other reports concerning multiyear production contracts
should be deleted.
Subsection (k)--Notice to Congress Required for Contracts
Performed over Period Exceeding 10 Years.--Section 2352 of
title 10 states that the Secretary of a military department
shall submit to Congress a notice with respect to a contract
of that military department for services for research or
development in any case in which--(1) contract is awarded or
[[Page S5821]] modified, and contract is expected, at the
time of award or as a result of the modification to be
performed over a period exceeding 10 years or (2) the
performance of the contract continues for a period exceeding
ten years and no other notice has been provided to Congress.
This reporting requirement should be deleted due to the
fact there are very few contracts, if any, for services for
research and development which extend over a period exceeding
10 years.
In addition, internals controls currently exist in
regulation (e.g. FAR 17.204(e)) that preclude contracts
being written for, or being extended to encompass, 10
years or more.
Subsection (l)--Major Defense Acquisition Program
Defined.--Section 2430(b) of title 10 defines a ``major
defense acquisition program'' as a program of the Department
of Defense acquisition program, is not classified, and (1)
that is designated by the Secretary of Defense as a major
defense acquisition program; or (2) that is estimated by the
Secretary of Defense to require an eventual total expenditure
for research, development, test, and evaluation of more than
$300,000,000 (based on fiscal year 1990 constant dollars) or
an eventual total expenditure for procurement of more than
$1,800,000,000 (based on fiscal year 1990 constant dollars.)
The section states that the Secretary of Defense may adjust
the amounts (and the base fiscal year) on the basis of
Department of Defense escalation rates. Any adjustment shall
be effective after the Secretary transmits a written
notification of the adjustment to the Committees on Armed
Services on the Senate and House of Representatives.
The adjustments noted above was utilized recently in
updating Department of Defense directives which are published
in the Federal Register and made available to the public.
Annual reports to Congress should be deleted because the
information is available to the public.
Subsection (m)--Weapons Development and Procurement
Schedules.--Section 2431 of title 10 states that the
Secretary of Defense shall submit to Congress each calendar
year, at the same time the President submits the budget to
Congress under section 1105 of title 31, a written report
regarding development and procurement schedules for each
weapon system for which fund authorization is required by
section 114(a) of title 10, and for which any funds for
procurement are requested in that budget.
The reporting requirement should be deleted since any
necessary information should be included in the Selected
Acquisition Reports. No additional reports should be
necessary.
Subsection (n)--Selected Acquisition Reports for Certain
Programs.--Section 127 of the National Defense Authorization
Act for Fiscal
Years 1988 and 1989 requires the Secretary of Defense to
submit to the Committees on Armed Services of the Senate
and House of Representatives a selected acquisition report
for each of the following programs: (1) the advanced
technology bomber program; (2) the advanced cruise missile
program; and (3) the advanced tactical aircraft program.
These reports should be deleted. The programs were
terminated by the Secretary of Defense and selected
acquisition reports are no longer needed for these programs.
Subsection (o)--Core Logistics Functions Waiver.--Section
2464(b) of title 10 states that the Secretary of Defense may
waive the requirement that performance of a logistics
activity identified by the Secretary and performance of a
function of the Department of Defense, may not be contracted
for performance by non-Government personnel under the
procedures of OMB Circular A-76. This waiver will be in the
case of such logistics activity or function and provide that
performance of such activity or function shall be considered
for conversion to contractor performance in accordance with
OMB circular A-76. Any such waiver shall be made under
regulations prescribed by the Secretary of Defense and shall
be based on a determination by the Secretary that government
performance of the activity or function is no longer required
for national defense reasons. Such regulations shall include
criteria for determining whether government performance of
any such activity or function is no longer required for
national defense reasons. A waiver may not take effect until
the Secretary of Defense submits a report on the waiver to
the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives.
This reporting requirement is eight years old--is no longer
required and should be deleted. Public Law 100-320 and OMB
Circular A-76 provides proper safeguards for contract
conversions.
Subsection (p)--Improved National Defense Control of
Technology Diversions Overseas.--Section 2537 of title 10
requires the Secretary of Defense and the Secretary of Energy
to each collect and maintain a data base containing a list
of, and other pertinent information on, all contractors with
the Department of Defense and the Department of Energy,
respectively, that are
controlled by foreign persons. The data base shall contain
information on such contractors for 1988 and thereafter in
all cases where they are awarded contracts exceeding
$100,000 in any single year by the Department of Defense
or the Department of Energy. The Secretary of Defense, the
Secretary of Energy, and the Secretary of Commerce shall
submit to Congress, by March 31 of each year, beginning in
1994, a report containing a summary and analysis of the
information collected for the year covered by the report.
The report shall include an analysis of accumulated
foreign ownership of U.S. firms engaged in the development
of defense critical technologies.
Based on the fact that there are currently no existing data
bases to identify which contractors are foreign controlled
and the amount of additional work this requirement will place
on contractors and the Department of Defense, recommend
termination of the reporting requirement.
Subsection (g)--Real Property Transactions: Reports to
Congressional Committees.--Section 2662 of title 10 covers
three reporting requirements for the Secretary of Defense.
The first reporting requirement requires that the Secretary
of a military department, or his designee, may not enter into
any of the following listed transactions by or for the use of
that department until after the expiration of 30 days from
the date upon which a report of the facts concerning the
proposed transaction is submitted to the Committee on Armed
Services of the Senate and the House of Representatives: 1)
an acquisition of fee title to any real property, if the
estimated price is more than $200,000; 2) a lease of any real
property to the United States, if the estimated annual rental
is more than $200,000; 3) a lease or license of real property
owned by the United States, if the estimated annual fair
market rental value of the property is more than $200,000; 4)
a transfer of real property owned by the United States to
another federal agency or another military department or to a
state, if the estimated value is more than $200,000; 5) a
report of excess real property owned by the United States to
a disposal agency, if the estimated value is more than
$200,000; and 6) any termination or modification by either
the grantor or grantee of an existing license or permit of
real property owned by the United States to a military
department, under which substantial investments have been or
are proposed to be made in connection with the use of the
property by the military department.
The second reporting requirement requires that the
Secretary of each military department shall report annually
to the Committees on Armed Services of the Senate and the
House of Representatives on transactions described above that
involve an estimated value of more than the small purchaser
threshold under section 2304(g) of title 10 but not more than
$200,000.
The third and final reporting requirement for this section
requires that no element of Department of Defense shall
occupy any general purpose space leased for it by the General
Services Administration at an annual rental in excess of
$200,000 (excluding the cost of utilities and other operation
and maintenance services), if the effect of such occupancy is
to increase the total amount of such leased space occupied by
all elements of Department of Defense until the expiration of
30 days from the date upon which a report of the facts
concerning the proposed occupancy is submitted to the
Committees on Armed Services of the Senate and the House of
Representatives.
All three of these reporting requirements should be deleted
based on the fact these reports are incompatible with
efficient management (threshold of $200,000 is .00001% of
proposed fiscal year 1995 budget) and unnecessary. This
section is not an authority for the transaction so, any
action must meet another statute's requirements.
Subsection (r)--Acquisition: Interests in Land When Need Is
Urgent.--Section 2672a(b) states that the Secretary of a
military department may acquire any interest in land that--
(1) he or his designee determines is needed in the interest
of national defense--(2) is required to maintain the
operational integrity of a military installation; and (3)
considerations of urgency do not permit delay necessary to
include the required acquisition in an annual military
construction authorization act. The Secretary of a military
department contemplating action under this section shall
provide notice in writing to the Committees on Armed Services
of the Senate and House of Representatives at least 30 days
in advance of any action being taken.
This reporting requirement should be terminated because of
the problems the 30-day delay causes. Actions that were
needed in an urgent manner during Operations Desert Shield/
Storm were hindered by this reporting requirement.
Subsection (s)--Operations of Department of Defense
Overseas Military Facility Investments Recovery Account.--
Section 2921 of the National Defense Authorization Act for
Fiscal Year 1991 requires the Secretary of Defense not later
than January 15 of each year, to submit to the Congressional
defense committees a report on the operations of the
Department of Defense overseas military facility investment
recovery account during the preceding fiscal year and
proposed uses of funds in the special account during the next
fiscal year. This requirement appears in the Base Closure and
Realignment Act of 1990, section 2921(f) and appears as other
provisions in the committee print for fiscal year 1994.
Should be included in the quarterly report to Congress on
the status of residence value negotiations prepared by the
Office of the Under Secretary of Defense (Economic Security).
The Comptroller would have collateral action and coordination
on the report.
Subsection (t)--Environmental Restoration Requirements at
Military Installations To Be Closed.--Section 334(c) of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 allows the Secretary of Defense, as
[[Page S5822]] it relates to environmental restoration
requirements at military installations to be closed and in
consultation with the Environmental Protection Agency, to
extend for a 6-month period of time the cleanup process at a
facility scheduled for closure. The Secretary of Defense
submits to Congress a notification containing a certification
that, to the best of the Secretary's knowledge and belief,
the requirements cannot be met with respect to the military
installation by the applicable deadline because one of the
conditions set forth exists; and a period of 30 calendar days
after receipt by Congress of such notice has elapsed.
Status of these installations is contained in the DERP
annual report to Congress required by Public Law 103-160. The
Environmental Protection Agency consultation is obtained by
detailed coordination and teamwork between the Environmental
Protection Agency, state regulators, and the Department of
Defense in the development of each closing installation's
BRAC cleanup plan.
Subsection (u)--Environmental Restoration Costs for
Installation To Be Closed Under 1990 Base Closure Law.--
Section 2827 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
states that each year, at the same time the President
submits to Congress the budget for a fiscal year, the
Secretary of Defense shall submit to Congress a report on
the funding needed for the fiscal year for which the
budget is submitted, and for each of the following four
fiscal years, for environmental restoration activities at
each military installation separately by fiscal year for
each military installation.
This requirement is already contained in the defense annual
environmental restoration program report to Congress required
by PL 103-160. The reporting requirement should be deleted.
Subsection (v)--Fuel Sources for Heating Systems;
Prohibition on Converting Certain Heating Facilities.--
Section 2690(b) of title 10 states that the Secretary of the
military department concerned shall provide that the primary
fuel source to be used in any new heating system constructed
on lands under the jurisdiction of the military department is
the most cost effective fuel for that heating system over the
life cycle of that system. The Secretary of a military
department may not convert a heating facility at a United
States military installation in Europe from a coal-fired
facility to an oil-fired facility, or to any other energy
source facility, unless the Secretary--(1) determines that
the conversion is required by the government of the country
in which the facility is located, or is cost effective over
the life cycle of the facility; and (2) submits to Congress
notification of the proposed conversion and a period of 30
days has elapsed following the date on which Congress
receives the notice.
The language directing the use of the least life cycle cost
fuel should be retained. Since conversions from coal will be
done only if they meet the least life cycle cost requirement,
Congressional notification should not be required.
Subsection (w)--Architectural and Engineering Services and
Construction Design.--Section 2807 of title 10 states that
within amounts appropriated for military construction and
military family housing, the Secretary of the service
concerned may obtain architectural and engineering services
and may carry out construction design in connection with
military construction projects and family housing projects.
Amount available for such purposes may be used for
construction management of projects that
are funded by foreign governments directly or through
international organizations and for which elements of the
Armed Forces of the United States are the primary user. In
the case of architectural and engineering services and
construction design to be undertaken for which the
estimated cost exceeds $300,000, the Secretary concerned
shall notify the appropriate Committees of Congress of the
scope of the proposed project and the estimated cost of
such services not less than 21 days before the initial
obligation of fund for such services.
This reporting requirement should be deleted based on the
fact that design and project fees have since enactment of
this requirement and so the notice is required for too many
projects. The notification process delays execution and
should be deleted.
Subsection (X)--Construction Projects for Environmental
Response Actions.--Section 2810 of title 10 states that the
Secretary of Defense may carry out a military construction
project not otherwise authorized by law (or may authorize the
Secretary of a military department to carry out such a
project) if the Secretary of Defense determines that the
project is necessary to carry out a response action under the
Comprehensive Environmental Response, Compensation, and
Liability Act. When a decision is made to carry out a
military construction project, the Secretary of Defense shall
submit a report, in writing, to the appropriate Committees of
Congress on that decision. Each report shall include the
justification for the project and the current estimate of the
cost of the project; and the justification for carrying out
the project.
Environmental cleanup requirements are contained in the
annual Department of budget justification material provided
with the Department of Defense budget each year. Cleanup
requirements are identified in the DERP annual report to
Congress required by Public Law 103-160. The reporting
requirement should be terminated.
Subsection (y)--Improvements to Family Housing Units.--
Section 2825(b)(1) and section 2825(c)(1) of title 10
outlines two reporting requirements. The first requirement
states that funds may not be expended for the improvement of
any single family housing unit, or for the improvement of two
or more housing units that are to be converted into or are to
be used as a single
family housing unit, if the cost per unit of such
improvement will exceed (a) $50,000 multiplied by the area
of construction cost index as developed by the Department
of Defense for the location concerned at the time of
contract award, or (b) in the case of improvements
necessary to make the unit suitable for habitation by a
handicapped person, $60,000 multiplied by such index. The
Secretary concerned may waive the limitations if such
Secretary determines that, considering the useful life of
the structure to be improved and the useful life of a
newly constructed unit the improvement will be cost
effective, and a period of 21 days elapses after the date
on which the Committees on Appropriations of the Senate
and of the House of Representatives receive a notice from
the Secretary of the proposed waiver together with the
economic analysis demonstrating that the improvement will
be cost effective.
The second reporting requirement states that the Secretary
concerned may construct replacement military family housing
units in lieu of improving existing military family housing
units if--(a) the improvement of the existing housing units
has been authorized by law; (b) the Secretary determines that
the improvement project is no longer cost-effective after
review of post-design or bid cost estimates; (c) the
Secretary submits to the committees on Armed Services and
Appropriations of the Senate and the House of Representatives
a notice containing (i) an economic analysis demonstrating
that the improvement project would exceed 70 percent of the
cost of constructing replacement housing units intended for
members of the Armed Forces in the same pay grade or grades
as the members who occupy the existing housing units and (ii)
the replacement housing units are intended for members of the
Armed Forces in a different pay grade or grades,
justification of the need for the replacement housing units
based upon the long-term requirements of the Armed Forces in
the location concerned.
Both reports should be terminated and replaced by internal
reports. The Reporting requirements are unnecessary.
Subsection (z)--Relocation of Military Family Housing
Units.--Section 2827 of title 10 states that the Secretary
concerned may relocate existing military family housing units
from any location where such units exceeds requirements for
military family housing to any military installation where
there is a shortage. A
contract to carry out a relocation of military family
housing units may not be awarded until (1) the Secretary
concerned notifies Congress of the proposed new locations
of the housing units to be relocated and the estimated
cost of and source of funds for the relocation, and (2) a
period of 21 days has elapsed after the notification has
been received by the Committees.
The report is unnecessary. It should be terminated and
replaced by a Department of Defense report for management if
needed for management.
Subsection (aa)--Annual Report to Congress With Respect to
Military Construction Activities and Military Family Housing
Activities.--Section 2861 of title 10 requires the Secretary
of Defense to submit a report to the Appropriate Committees
of Congress each year with respect to military construction
and military family housing activities. Each report shall be
submitted at the same time that the annual request for
military construction authorization is submitted for that
year. Otherwise, information to be provided in the report
shall be provided for the two most recent fiscal years and
for the fiscal year for which the budget request is made.
This reporting requirement should be terminated. The data
supplied by this report can be furnished by the service
concerned on an as needed basis.
Subsection (bb)--Energy Savings at Military
Installations.--Section 2865 of title 10 requires the
Secretary of Defense to designate an energy performance goal
for the Department of Defense for the years 1991 through
2000. To achieve the goal designated, the Secretary of
Defense shall develop a comprehensive plan to identify and
accomplish energy conservation measures to achieve maximum of
energy conservation measures under the plan shall be limited
to those with a positive net present value over a period of
10 years or less. The Secretary of Defense shall provide that
\2/3\ of the portion of the funds appropriated to Department
of Defense for a fiscal year that is equal to the amount of
energy cost savings realized by the Department of Defense,
including financial benefits resulting from shared energy
savings contracts and financial incentives described for any
fiscal year beginning after fiscal year 1990 shall, remain
available for obligation through the end of fiscal year
following the fiscal year for which the funds were
appropriated, with additional authorization or
appropriation. The Secretary of Defense shall develop a
simplified method of contracting for shared energy savings
contract services that will accelerate the use of these
contracts with respect to military installations and will
reduce the administrative effort and cost on the part of
Department of Defense as well as the private sector. The
Secretary of Defense shall permit and encourage each
military department defense agency, and
[[Page S5823]] other instrumentality of Department of Defense
to participate in programs conducted by any gas or electric
utility for this management of electricity demand or for
energy conservation. Not later than, December 31 of each
year, the Secretary of Defense shall transmit an annual
report to Congress containing a description of the actions
taken to carry out energy savings at military installations
and the savings realized from such actions during the fiscal
year ending in the year in which the report is made.
This reporting requirement has been superseded by the
Energy Policy Act of 1992 which established conservation
goals for the year 2005 and requires annual agency reports to
Congress through the Department of Energy.
Subsection (cc)--Reports on Price and Availability
Estimates.--Section 28 of the Arms Export Control Act
requires the President to submit to the Speaker of the House
of Representatives and the chairman of the Committee on
Foreign Relations of the Senate, within fifteen days after
the end of each calender quarter, a report listing each price
and availability estimate provided by the United States
Government during such quarter to a foreign country with
respect to a possible sale under this chapter of major
defense equipment for $7,000,000 or more, of any other
defense articles or defense services for $25,000,000 or more,
or of any Air-to-Ground or Ground-to-Air missiles, or
associated launchers (without regard to the amount of the
possible sale).
This report is redundant. The provision for this report
requires reporting of potential foreign military sales which
may or may not result in actual sales. Sales offers to
foreign purchasers as well as actual sales are being reported
in a broader scope at the $1 million threshold on a quarterly
basis, as required by section 36(a) of the Arms Export
Control Act (22 U.S.C. 2765). The reporting requirement
should be deleted.
Subsection (dd)--Annual Report on the Status of the
Exercise of the Rights and Responsibilities of the United
States Under the Panama Canal Treaty of 1977.--Section 3301
of the Panama Canal Act of 1979 requires the President to
submit a report annually on the status of the exercise of the
rights and responsibilities of the United States under that
treaty and includes the following: (1) the condition of the
Panama Canal and potential adverse effects on United States
shipping and commerce; (2) the effect on canal operations of
the military forces under General Noriega; and (3) the
commission's evaluation of the effect on canal operations if
the Panamanian government continues to withhold its consent
to major factors in the United States Senate's ratification
of the Panama Canal treaties.
The report has been overtaken by events and should be
discontinued. Report requirements are superseded by those of
Public Law 103-129.
Subsection (ee)--Monitoring and Research of Ecological
Effects of Organotin Antifouling Paint.--Section 7 of the
Organotin Antifouling Paint Control of 1988 in regards to
estuarine monitoring, states that the Secretary of the Navy,
in consultation with the Under Secretary of Commerce for
Oceans and Atmosphere, shall monitor the concentrations of
organotin in the water column, sediments, and aquatic
organisms of representative estuaries and near-coastal waters
in the United States. This monitoring program shall remain in
effect until 10 years after the date of the enactment of this
act (enacted June 11, 1988). The Administrator shall submit a
report annually to the Speaker of the House of
Representatives and to the President of the Senate detailing
the results of such a monitoring program for the preceding
year. As such, the Secretary shall submit a report annually
to the Secretary and to the Governor of each state in which a
home port for the Navy is monitored detailing the results of
such monitoring in the state. Regarding home port monitoring,
the Secretary shall provide for periodic monitoring, not less
than quarterly, of waters serving as the home port for any
navy vessel coated with an antifouling paint containing
organotin to determine the concentration of organotin in the
water column, sediments, and organisms of such waters.
The Navy currently has fewer than six ships using organotin
coatings. By the end of fiscal year 1994, only two ships with
organotin coatings will remain in the fleet. Current Navy
policy does not allow use of organotin coatings. By fiscal
year 1998 no ships will have organotin coating. With
organotin use going to zero, this report should be
terminated.
Subsection (ff)--Minority Group Participation in
Construction of Tennessee-Tombigbee Waterway Project.--
Section 185 of the Water Resources Development Act of 1976
requires the Secretary of the Army, acting through the Chief
of Engineers, is directed to make a maximum effort to assure
the full participation of members of minority groups, living
in the states participating in the Tennessee-Tombigbee
Waterway Development Authority, in the construction of the
Tennessee-Tombigbee Waterway project, including actions to
encourage the use, wherever possible, of minority owned
firms. The Chief of Engineers is directed to report on July 1
of each year to the Congress on the implementation of this
section, together with recommendations for any legislation
that may be needed to assure the fuller and more equitable
participation of members of minority groups in this project
or others under the direction of the Secretary.
This report should be terminated because this project has
been completed.
Subsection (gg)--Presidential Recommendations Concerning
Adjustments and Changes in Pay and Allowances.--Section 1008
of title 37 requires the President, after an annual review of
the adequacy of the pays and allowances authorized to members
of the uniformed services, to submit a report to Congress
summarizing the results of such annual review together with
any recommendations for adjustments in the rates of pay and
allowances.
The pay adequacy report, required on an annual basis by
section 1008(a) of title 37, was mandated in an era when
there was no regular annual military pay raise. This report
would provide information on a number of economic indicators,
and when it was determined that an annual pay raise was
needed, the raise would be requested. The law on military
compensation has changed. Current law (Public Law 101-509)
pegs military pay raises to the employment cost index. Pay
raises are annual and are based upon changes in private
sector wages and salaries for the average worker. The
information contained in the pay adequacy report is no longer
needed and media coverage of the pay
raise system is widespread. The reporting requirement should
be deleted.
Subsection (hh)--Adjustments of Compensation.--Section
1009(f) of title 37 outlines a report by the President that
is owed with the quadrennial review of military compensation
when the President decides not to give equal percentage pay
raise to all military members.
This report is due from the quadrennial review group only
when there is a reallocation of the basic pay raise. This
rarely happens; when it does, it would not appear useful to
require that such a fact be reviewed and reported by a
quadrennial review group that meets every fourth year. The
reporting requirement should be deleted.
Subsection (ii)--Travel and Transportation Allowances:
Dependents; Baggage and Household Effects.--Section 406 of
title 37 requires the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report at the end of each fiscal year
stating (1) the number of dependents who during the preceding
fiscal year were accompanying members of the Army, Navy, Air
Force, and Marine Corps who were stationed outside the United
States and were authorized by the Secretary concerned to
receive allowances or transportation for dependents; and (2)
the number of dependents who during the preceding fiscal year
were accompanying members of the Army, Navy, Air Force, and
Marine Corps who were stationed outside the United States and
were not authorized to receive allowances or transportation.
Neither the Office of the Secretary of Defense nor the
services have ever submitted such reports, insofar as we can
determine. We are skeptical of the interest this report holds
for Congress; therefore, the reporting requirement should be
deleted.
Subsection (jj)--Health-Care Sharing Agreements Between
Department of Veterans Affairs and Department of Defense.--
Section 8111 to title 38 states that for each of fiscal years
1993 through 1996 the Secretary of Defense shall submit a
report on opportunities for greater sharing of the health
care resources of the Veterans Administration and the
Department of Defense which would be
beneficial to both veterans and members of the Armed Forces
and could result in reduced costs to the government by
minimizing duplication and under use of health care
resources. The fiscal year 1996 report will also include--
(1) an assessment of the effect of agreements entered into
on the delivery of health care to eligible veterans, (2)
an assessment of the cost savings, if any, associated with
provision of services under such agreements to retired
members of the Armed Forces dependents of members or
former members, and beneficiaries, and (3) any plans for
administrative action, and any recommendations for
legislation, that the Secretary of Defense considers
appropriate.
Public Law 97-174 requires the Secretaries of the
Departments of Veterans Affairs and Defense to submit a joint
annual report to Congress on the status of health care
resources sharing. After careful review of the reporting
requirements of Congress, recommend combining this report
with the report entitled ``Sharing of Department of Defense
Health-Care Resources.'' Combining these reports will avoid
redundancy and allow for a succinct review of health care
resources sharing activity between the departments.
Subsection (kk)--Water Resources Projects.--Section 221(e)
of the Flood Control Act of 1970 requires the Secretary of
the Army, acting through the Chief of Engineers, shall
maintain a continuing inventory of agreements and the status
of their performance, and shall report thereon to Congress.
This shall not apply to any project the construction of which
was commenced before January 1, 1972, or to the assurances
for future demands required by the Water Supply Act of 1958,
as amended. Following the date of enactment, the construction
of any water resources project, or an acceptable separable
element thereof, by the Secretary of the Army, Chief of
Engineers or by a nonfederal interest where such interest
will be reimbursed for such construction under the provisions
of the Flood Control Act of 1960 or under any other provision
of law, shall not be commenced until each nonfederal interest
has entered into a written agreement with
[[Page S5824]] the Secretary of the Army/Chief of Engineers
to furnish its required cooperation for the project. The
agreement may reflect that it does not obligate future state
legislation appropriations for such performance and payment
when obligating future appropriations would be inconsistent
with state constitutional or statutory limitations.
This annual report contains only the total number of
agreements executed (according to six types of agreements)
and states whether maintenance of any projects has been found
to be deficient. However, the inventory requires substantial
effort to track agreements, and report relevant data. When
this requirement was new Congress was curious as to its
effectiveness. However, over 2,000 agreements have been
executed since 1972, and Congress has shown no interest in
this report. This reporting requirement should be deleted.
Subsection (ll)--Public Health Service Hospitals.--Section
1252 of the Department of Defense Authorization Act of 1984
states that the Secretary of Defense, in consultation with
the Secretary of Health and Human Services, and the Secretary
of Transportation when the Coast Guard is not operating as a
service in the Navy, shall submit annually to the Committees
on Appropriations and on Armed Services of the Senate and the
House of Representatives a written report on the result of
the studies and projects carried out. The first such report
shall be submitted not later than one year after the date of
enactment. The last report shall be submitted not later than
one year after the completion of all such studies and
projects.
This reporting requirement should be terminated. Assessment
reports were completed in the 1980s. No such studies and
projects are underway or planned.
Subsection (mm)--Review of Contracts.--Section 3(b) of the
Act of August 28, 1958 states that all contracts entered
into, amended, or modified pursuant to authority contained in
this act shall include a clause to the effect that the
Comptroller General of the United States or any of his duly
authorized representatives shall, until the expiration of
three years after final payment, have access to and the right
to examine any directly pertinent books, documents, papers,
and records of the contractor or any of his subcontractors
engaged in the performance of and involving transactions
related to such contracts or subcontracts. If the clause is
omitted, after taking into account the price and availability
of the property or services from United States sources, that
the public interest would be best served, by the omission of
the clause, the agency head will submit a report to Congress
in writing.
Recommend termination of this report. This report is
required when the agency head concerned determines that
public interest would best be served by omitting the clause
permitting examination of functional and other records as
otherwise required for inclusion in contract where relief has
been granted.
Subsection (nn)--Special Defense Fund (SDAF) Annual
Report.--This provision would repeal section 53 of the Arms
Export Control Act (22 U.S.C. 2795b). This is an extensive
and time consuming report that provides information readily
available through numerous other resources.
Subsection (oo)--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 (10 U.S.C.
2431, note) requires the Department to provide to the
Congressional defense committees an annual plan on the
development of those standoff weapons that can adequately
address the needs of more than one of the Armed Forces.
Much staff work is required to generate the report. We
believe that the specific report content is dated and no
longer useful to the recipients. The specific report contains
an accounting of the Department's standoff weapons programs
in the budget, which can be found in other documentation
supporting the budget. The programs described in the
Conventional Munitions Master Plan, submitted to Congress
every other year. Request this reporting requirement be
deleted.
Subsection (pp)--Special Defense Acquisition Fund (SDAF)
Annual Report.--Due to the decapitalization of the Special
Defense Acquisition Fund (SDAF), the requirement for a year
end report to the Congress pursuant to section 53 of the Arms
Export Control Act is not longer necessary. Subsections
(a)(1), (a)(4) are no longer applicable since new
procurements under the fund have not been authorized since
fiscal year 1993. Reports pursuant to subsection (a)(3) are
also unnecessary; while ongoing, transfers of Special Defense
Acquisition Fund stocks will decrease over time as they are
sold off. Further, such transfers are already notified to the
Congress pursuant to other applicable reporting requirements
in the Arms Export Control Act.
Section 922. Repeal of prohibition of contracting for
firefighting and security guard functions at military
facilities
This proposed legislation is the result of cumulative
recommendations by our military services to remove this
prohibition so the installation commanders and facility
managers can improve the efficiency and effectiveness of
their fire and security guard functions.
Adoption of this proposal will be implemented within
existing Department of Defense appropriations. This proposal
will permit the Department to become more efficient in the
conduct of business directly supporting the installation
operations and maintenance resources. Our firefighting and
security guard functions will become more effective and
efficient through competition.
It is essential that we get our firefighting and security
guard functions in the most effective and efficient posture
during the dramatic reductions the Administration desires and
approved by the Congress. Getting the best value out of
smaller budgets demands better performance, not keeping the
status quo. We firmly believe that this legislative proposal
will allow our military leaders and facility managers to get
the job done with less resources.
The purpose of this section is to repeal section 2465 of
title 10, United States Code, and thereby authorize the
Department of Defense to enter into contracts for
firefighting and security guard functions at military
installations and facilities. This repeal restores the
ability of the Department of Defense to manage the
firefighting and security guard functions in an efficient and
effective manner.
The Department of Defense has been prohibited from
contracting for firefighting and security guard functions
since 1983. This broad prohibition has four limited
exceptions:
When the contract is to be performed overseas;
When the contract is to be performed on Government-owned
but privately operated installations; and
When the contract (or a renewal of the contract) is for the
performance of a function under contract on or before
September 24, 1983.
When the contract is with a local government, for a closing
base, and not earlier than 180 days before base closing (Pub.
L. 103-160, Section 2907).
Prior to 1983, firefighting and security guard functions
were successfully competed using the OMB Circular A-76
process.
The prohibition against contracting firefighting and
security guard functions prevents the Department of Defense
from realizing savings in circumstances where private firms
or state and local governments could provide the services for
lower cost at equal or better performance. It also prohibits
commanders from obtaining contract services for temporary
requirements at remote locations or at leased facilities
outside military installations.
Section 2465 of title 10, United States Code currently
provides that Department of Defense funds may not be spent to
enter into contracts for the performance of firefighting and
security guard functions at any military installation or
facility. The prohibition does not apply to contracts for
services at locations outside the United States where armed
forces members, otherwise involved in unit readiness, would
be performing the function. Nor does it apply to contracts
for services at GOCO facilities or for contracts extant on
September 24, 1983.
This section was first enacted by the Department of Defense
Authorization Act for Fiscal Year 1987 (Pub. L. 99-661,
Section 1222(a), 100 Stat. 3976). The Senate version of that
Bill had contained a provision that would extend for one year
a freestanding, public law provision setting forth the same
prohibition. The Senate language also contained a reporting
requirement to review the performance standards and
inherently governmental activities within the firefighting
function, and an estimate of cost savings associated with
such contracting out over a five year period. The Senate
Report indicated that firefighting would continue to be
exempted until the congressional report indicated that
positions could be contracted
out in the future (Senate Report No. 99-331, October 8,
1986, p. 526).
The House version of the Bill proposed codification of a
prohibition on firefighting functions currently being
performed by Department of Defense civilians, with the
exception as currently listed. In conference, the House
version was adopted. The conferees also agreed to extend the
current prohibition on conversion of security guard functions
for one additional year, unless the Secretary of Defense
determines that such conversion would not adversely affect
installation security, safety and readiness (House Report No.
99-1001, October 14, 1986, p. 526).
The importance of repealing section 2465 is underscored by
downsizing of the Defense budget and personnel when the
infrastructure is not downsizing proportionately. Commanders
need all of their tools to manage reducing operating budgets.
One tool is competing commercial activity functions such as
firefighting and guard service.
The repeal of section 2465 will not automatically result in
the loss of civilian firefighters and security guards from
the workforce. Reductions in force may occur as a result of
competitions performed under chapter 146 of title 10 and OMB
Circular A-76.
(a) Existing Procedures. In accordance with existing
procedures, the Department provides Congressional
notification of the intent to study specific functions, and
will provide the results of the competition if the decision
is to convert to contract. Separations from Federal Service
may result from the development of the most efficient
organization, or a contract with the private sector
[[Page S5825]] when the costs are lower than that estimated
for in-house performance. The Department fully supports the
basic employee protections requiring contractors to offer
displaced Government employees the right of first refusal for
comparable employment with the contractor.
(b) Benefits of Contracts with local governments. Many
installations adjoin or are surrounded by local
municipalities which provide firefighting and security guard
services to their communities. Some of these municipalities
could provide these services to military commanders at
little additional cost or at considerable savings. To
engage in a cost comparison under these circumstances
would waste government and contractor resources needed to
prepare estimates for the cost comparison process. Where
local governments can provide security guard and
firefighter services at reduced costs, the Secretaries of
the military departments should be authorized to contract
directly with such governments non-competitively without
regard to chapter 146 of title 10 and OMB Circular A-76.
OMB Circular A-76 specifically recognizes that firefighting
and security guard functions are commercial activities and
can be outsourced if a contractor can provide the service
effectively and at a lower cost. Defense Firefighting and
security guard functions are no different than other
commercial activity functions at our installations and
facilities from other Federal agencies. The Department is
unaware of any rationale for excluding firefighting and
security guard functions from the Government-wide process of
determining the least expensive method for performing
Government work.
Based on past cost comparisons, competition for the
Departments firefighting and security guard functions could
potentially generate a 240 million dollar savings while
retaining in-house about 50 percent of the firefighting and
security guard functions competed.
Section 923. Increase in unspecified minor construction
threshold from $1.5 million to $3.0 million and the
operation and maintenance threshold from $300 thousand to
$1 million
This section amends section 2805 of title 10, United States
Code, to change the minor construction thresholds to
$1,700,000 and $350,000 respectively. The current law limits
minor construction projects to less than $300,000 and
unspecified minor construction for a single undertaking to an
approved cost equal to or less than $1,500,000. There are no
provisions for adjustments caused by high costs encountered
in non-Continental United States locations.
The primary factor that creates the problem with the
existing $300,000 limit is the large variation in area
cost factors. The area cost factors for almost half of the
installations in the Continental United States is less
than 1.0, while area cost factors for Alaskan and other
Pacific overseas installations often exceed 2.75, and go
as high as 3.0 which means the cost to construct an item
in the Pacific theater is up to 3 times that for a similar
item in Continental United States. This severely limits
the amount and kinds of work that can be accomplished
because of the ever present danger of violating the
statutory limits.
Section 924. Annual report on National Guard and Reserve
component equipment
Subsection (a) of this section amends section 115b(a) of
title 10, United States Code, to extend the submission date
of the report from February 15 to March 1. The Department has
been aggressively pursuing quality improvements in the report
within the time constraints for submission that would
significantly increase report usefulness. Currently, the
Reserve components must submit data quickly after the end of
the fiscal year which begins report data detail. For the
Fiscal Year 1996 report due to Congress on February 15, 1995,
the data cutoff is September 30, 1994. These data, which were
collected before the end of October, must reflect actual
deliveries, withdrawals and ending balances that occurred
during the fiscal year. An additional two weeks for the
Reserve components to collect, edit and verify their data
would materially increase accuracy. Understanding the
requirement by Congress to have this information at the onset
of budget hearings, the March 1 report submission date
beginning with the next following report will be very helpful
to the Department to improve the quality of the report while
at the same time support Congressional needs.
Subsection (b) of this section amends section 115b(b) of
title 10, United States Code, to delete all references to
``major items of equipment'' and replace with ``combat
essential items of equipment.'' The term ``major items'' is a
broadly defined term that embraces thousands of items in each
Service. The Department interprets Congressional interest to
be focused on ``combat essential items'' of equipment which
comprises the several hundred most important equipment in
each component. Also, the term ``combat essential'' is
clearly defined by the Joint Staff, unlike ``major item.''
Subsection (c) of this section provides that the requested
changes to section 115b of title 10, United States Code,
shall take effect on October 1, 1995.
Section 925. Revision of date for submittal of joint report
on scoring of budget outlays
The current submittal date of 15 December does not allow
sufficient time for the Office of Management and Budget and
the Congressional Budget Office to meet the requirements of
the joint report. For the past two years the submittal date
has not been met. The published letter, if sent out on 15
December would be incomplete as budget decisions of the
President and the Secretary of Defense have not generally
been finalized by this date or in sufficient time for the
Office of Management and Budget and the Congressional Budget
Office to meet this joint reporting requirement. A report of
this magnitude shall reflect all of the scoring agreements
and disagreements between the Office of Management and Budget
and the Congressional Budget Office, and at the present date,
this requirement is not being met. Should this reporting date
remain in effect, it is likely that multiple scoring letters
would be forwarded to Congress for each legislative session
in order to properly document the Office of Management and
Budget and the Congressional Budget Office outlay scoring
approaches. If the submission date is revised to match the
submission of the President's budget, then only one joint
letter should be necessary to document the outlay scoring
that will be used for Department of Defense appropriations.
Section 926. Repeal of annual report to Congress on
contractor reimbursement costs of environmental response
actions
Section 2706(c) of title 10, United States Code, is an
annual report of the Secretary of Defense to the Congress. It
is to be provided to the Congress before 30 days after the
President submits the budget for the following fiscal year.
The data collected for this report are not necessary for
properly determining the allowability of environmental
response action costs on Government contracts. Furthermore,
the Department does not routinely collect data on any other
categories of contractor
overhead costs. This reporting requirement needlessly is
burdensome on both the Department of Defense and defense
contractors. It also diverts limited resources for data
collection efforts that do not benefit the procurement
process.
Title X--General Provisions
Subtitle A--Financial Matters
Section 1001. Appointment and liability of disbursing and
certifying officials
This section provides for the designation and appointment
of disbursing officials and certifying officials within the
Department of Defense (including the military departments and
defense agencies and field activities). In addition, this
section defines the responsibilities and liabilities of
disbursing and certifying officials as well as provide for
their relief from liability in appropriate cases.
Section 1002. Due process exemptions for minor adjustments in
indebtedness actions
This section amends section 5514(a) of title 5 to insert a
new subparagraph (3). The purpose of this amendment is to
exempt from the due process provision routine adjustments of
pay that are attributable to clerical or administrative
errors or delays in the processing of pay documents that have
occurred within four pay periods preceding the recoupment and
any adjustment that amounts to fifty dollars or less.
The Debt Collection Act of 1982 provides for due process
safeguards prior to involuntary salary offset. Under the
provisions of the Act, prior to effecting an offset the
indebted party has the right to a minimum of a thirty days
written notice, the opportunity to inspect and copy
Government records relating to the debt, the opportunity to
enter into a written repayment agreement, the right to a
hearing by an individual who is not under the supervision or
control of the head of the agency, and the right to request a
waiver of the debt.
These provisions apply to all indebtedness with the
exception of underdeduction of Federal benefit premiums for
health and life insurance which accumulated over four pay
periods or less. Strict adherence to these provisions
subjects all indebtedness to full panoply of due process
regardless of the cause or amount.
The proposed legislation exempts from full pre-offset due
process those debts resulting from routine adjustments of pay
attributable to clerical or administrative errors or delays
in the processing of pay documents that have occurred within
the four pay periods preceding the adjustment and any
adjustment of fifty dollars or less. The legislation also
proposes that at the time of the adjustment, or as soon
thereafter as practical, the individual be provided written
notice of the nature and the amount of the adjustment.
The most common occurrence of this type of routine
adjustment would be a corrected time and attendance report
submitted by an employee's supervisor that changes the amount
of a previously reported pay which has already been disbursed
to the individual. One example of this type of adjustment
would be the downward correction of the number of hours
previously reported as overtime. This downward adjustment
would decrease entitlement on the part of the individual and
result in an indebtedness, usually of a small dollar amount.
Providing the full panoply of due process to these types of
adjustments, which most likely has already been discussed by
the employee and supervisor, is administratively burdensome
and the costs often far outweigh the relatively small dollar
amounts recovered.
Federal agencies experience a multitude of these
adjustments each pay period due to the rapidly changing
nature of entitlements,
[[Page S5826]] benefits, allowances, and the remote location
of many personnel. For example, a survey of one large
Department of Defense consolidated civilian payroll office
revealed approximately five hundred such adjustments were
being made each pay period. Proving full due process for
these routine adjustments are time consuming and costly and
could result in the wholesale writeoff of certain debts as
not cost effective to collect.
Passage of the legislation would bring adjustment
procedures for clerical and administrative errors in line
with those of Federal benefit premiums and greatly benefit
all Federal agencies
by decreasing the overall cost of administering the debt
collection process while still providing the individual
with full disclosure of the adjustment.
Section 1003. Amendments to Chapter 131, Title 10, United
States Code, and to the National Defense Authorization
Act of fiscal year 1991
Subsection (a)(1) amends title 10, United States Code, by
adding a new section 2219, ``Authority to incur readiness
obligations.'' It would authorize the incurability of
readiness obligations during the last half of the fiscal year
in excess of contract authority and amount available to the
Department of Defense. The authority could only be exercised
to the extent provided in an appropriations act and would
require approval of the Office of Management and Budget. If
the Authority were exercised it could only be for essential
readiness obligations; it would be limited in amount to not
more than 50 percent of the amount provided to the Department
for Operation and Maintenance, Budget Category 1; budget
proposals for the liquidation of obligations would have to be
accompanied by offsetting rescission proposals, unless the
President determined that emergency conditions precluded such
rescissions; and the Secretary of Defense would have to
notify the Congress promptly of any obligations incurred
pursuant to the authority provided by section 2219.
Subsection (a)(1) also amends title 10, United States Code,
by adding a new section 2220, ``Closed and expired accounts:
procedures.'' New section 2220 contains provisions pertaining
to subdivided appropriations of the Department. It defines a
current account as being any subdivision of such a legally
subdivided appropriation and provides that in calculating the
amount that may be charged to a current account the 1%
limitation on such charges shall be calculated on the basis
of the cumulative total of the amounts appropriated in the
subdivisions of the subdivided appropriation.
Subsection (b) amends section 1405 of the National Defense
Authorization Act for Fiscal Year 1991 to add provisions
pertaining to charging of current appropriations when records
of the Department indicate that an expired or closed account
may have been over expended or over obligated in violation of
the
Anti-Deficiency Act. Under the current law, payment cannot
be made while the apparent violation is being
investigated. In those cases where the investigation
reveals that there was an accounting error, and that there
are sufficient funds in the account, payment of valid
vendor invoices would have been held in time during the
period of the investigation. This results in numerous
contract payments not being paid in a timely manner and
can result in interest payments under the Prompt Payment
Act.
The amendment provides that an obligation or an adjustment
to an obligation in such an account for a fiscal year before
fiscal year 1992 may be charged to any current appropriation
of the Department available for the same purpose. Obligations
could not be charged in such a circumstance unless the
Congress were notified by the Secretary of Defense of the
facts and circumstances for the negative balance and that an
investigation had been initiated into any possible violation
of the ``Anti-Deficiency Act'' that might have occurred; if
such a violation occurred, that a report of such a violation
would be promptly submitted to the Congress as required by
law; and, if such a violation did not occur with respect to
an account that is expired but not closed, that any charge to
a current account would be reversed and the obligation would
be charged to the account that would have been charged but
for the need to conduct an investigation to determine whether
the Anti-Deficiency Act had been violated.
Section 1004. Claims of personnel for personal property
damage or loss
Subsection (a) adds a new paragraph (3) to section 3721(b)
of title 31. It provides that the Secretary of Defense, or
the Secretary of a military department not part of the
Department of Defense, may waive the settlement and payment
limitation of paragraph (b) for claims by personnel under the
jurisdiction of the concerned Secretary for damage or loss of
personal property where the concerned Secretary determines
that such claims arose from an emergency evacuation or from
extraordinary circumstances that warrant such a waiver. It
also provides for the promulgation of regulations and grants
delegation authority. Subsection (c) provides that the
amendments made by this section shall apply with respect to
claims arising on or after June 1, 1991.
Subtitle B--Counter-drug Activities
Section 1011. Clarification and amendment of authority for
Federal support of drug interdiction
This section amends section 112 of title 32, United States
Code to clarify and amend the authority for Federal support
of drug interdiction and counterdrug activities of the
National Guard.
Subsection (a) reenacts present subsection 112(f) which
provides definition for certain terms used in section 112.
Subsection (a)(1) defines the activities for which funding
may be provided. Specifically, the term ``drug interdiction
and counterdrug activities'' is defined as the use of
National Guard personnel, while not in Federal service, in
any drug interdiction and counterdrug law enforcement
activities authorized by state law and requested by the
governor. The use of the term ``authorized by law'' is not
intended to imply that the activities in question must be
explicitly authorized by statutory law. For purposes of this
term, the activities may include any such activities that may
lawfully be conducted by the National Guard under the law of
the state, whether statutory or not. Subsections (2) and (3)
reenact the corresponding subsections of subsection 112(f)
without change, except for a minor wording change in
subsection (3). Subsection (4) provides a new definition of
``counterdrug duty'' as a special type of full-time National
Guard duty.
Subsection (b) reenacts present subsection 112(a), expands
it to provide explicit statutory authority for the conduct of
drug interdiction and counterdrug activities by members of
the National Guard in full-time National Guard duty status,
and makes additional minor changes for clarity. Specifically
present subsection (1)(B) is renumbered to clarify that funds
may be provided for operation and maintenance costs of
counterdrug activities as well as for pay and allowances of
personnel. This section would be the authority for providing
funds to a state for reimbursement of state pay and
allowances as well as for operation and maintenance (O&M)
costs. Present section 112 was initially interpreted by the
National Guard Bureau to permit
Federal pay and allowances for members of the National Guard
used for counterdrug activities in a full-time National
Guard duty status under 32 U.S.C. 502(f), but the present
language is not entirely clear on this point. The
amendment would explicitly provide authority to the
Secretary of Defense to authorize full-time National Guard
duty, while still allowing a state at its option to
request, and the Secretary in his discretion to provide,
Federal funds for the payment of state pay and allowances
under state active duty, for all or any part of its
counterdrug activities funded under this section. Section
502(f) would be the authority for the use of National
Guard personnel in full-time National Guard duty status
with Federal pay and allowances for drug interdiction and
counterdrug activities.
Specific congressional consent would be granted, pursuant
to Article I, section 10 of the Constitution, for up to 4,000
members of the National Guard to be on counterdrug duty on
orders for more than 180 days, or on orders for more than 180
days for counterdrug activities with state pay and allowances
reimbursed under this section, at the end of any fiscal year.
The Secretary of Defense would be authorized to increase this
end strength by up to 20% at the end of any fiscal year, in
order to accommodate unexpected needs. The fluid nature of
the counterdrug program necessitates this flexibility. As of
June 1994 there were estimated to be 3100 members of the
National Guard on orders for counterdrug duty tours in excess
of 180 days. It is not anticipated that the cap of 4,000 will
be met or exceeded in the next few years, but substantial
leeway for rapid response to new requirements should be
provided to avoid delays that would result from need for
Congressional action. Tight statutory limits without
flexibility for unexpected changes, such as exist for the end
strengths for the AGR program, would unduly constrain the
ability of the States to respond to changes, and would
require excessive control of allocations by the Department of
Defense to the States of this end strength. Since these
personnel would not be on duty for administering the National
Guard, they would not be subject to annual end strengths for
AGR personnel, or to the grade strengths in sections 12011
and 12012 of title 10.
Section (c) restates present subsections 112(b) and (c) and
expands the requirements for plans submitted by governors.
Requirements are included for certification by State civil
officials that the activities proposed under a state's plan
are
authorized by and consistent with state law and that any
activities in conjunction with federal agencies serve a
state law enforcement purpose. These requirements are
included to lessen the likelihood of successful legal
challenges to funded operations or to arrests or evidence
resulting from National Guard support to civil authorities
under funding authorized by this section. New subsection
(c)(2) includes a technical change to include reference to
ordering personnel to counterdrug duty as well as to
providing funds to a governor.
Subsection (d) restates present subsection 112(d) without
change.
The proposed amendments will not result in an increase in
the budget requirements of the Department of Defense.
Section 1012. Authorization to conduct outreach programs to
reduce demand for illegal drugs
This section amends chapter 18 of title 10, United States
Code, to add a new section 381, which authorizes the
Secretary of Defense to establish outreach programs to reduce
the demand for illegal drugs by youths. These
[[Page S5827]] programs are to be directed toward youths in
general and at-risk youths in particular.
New section 381 derives from section 1045 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 410
note), which authorized the Secretary of Defense to establish
a pilot outreach program to reduce the demand for illegal
drugs. Pursuant to the section 1045(e), the Secretary of
Defense, on November 2, 1994, provided an assessment of the
pilot program to the Congress and recommended that the pilot
program be replaced by permanent community outreach programs.
He noted that in order to continue the outreach programs
beyond the end of Fiscal Year 1995, permanent legislative
authority would be required.
The new section 381 converts the pilot program into the
permanent outreach programs the Secretary of Defense desires.
The proposal deletes any reference to pilot programs and to a
termination date for the outreach programs. It instead
provides only that the Secretary of Defense may establish
outreach programs aimed at reducing the demand for illegal
drugs among youth.
The programs to be conducted under the new permanent
authority are volunteer-based and require limited funding.
Consequently, this proposal will allow expansion of the
outreach programs, but the programs will be funded at
approximately the same level as is currently budgeted. The
programs would continue to be included in the Drug
Interdiction and Counterdrug Activities central transfer
account.
