Page:United States Statutes at Large Volume 111 Part 2.djvu/599

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1679 "(A) the end of the five-day period beginning on the date of the notification; or "(B) the date of an agreement between the head of the Executive agency concerned and the Secretary as a result of the consultations under subsection (c). "(2) Paragraph (1) shall not apply with respect to an administrative action or proposed administrative action if the head of the Executive agency concerned determines that the delay in enforcement of the administrative action or proposed administrative action will pose an actual threat of an imminent and substantial endangerment to public health or the environment. "(e) EFFECT OF LACK OF AGREEMENT.—(1) If the head of an Executive agency and the Secretary do not enter into an agreement under subsection (c)(2), the Secretary shall submit a written notification to the President who shall take final action on the matter. "(2) Not later than 30 days after the date on which the President takes final action on a matter under paragraph (1), the President shall submit to the committees referred to in subsection (a) a notification of the action. "(f) LIMITATION ON DELEGATION OF AUTHORITY. — The head of an Executive agency may not delegate any responsibility under this section. "(g) DEFINITION. —In this section, the term 'Executive agency' has the meaning given such term in section 105 of title 5, except that the term does not include the General Accounting Office.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2014. Administrative actions adversely affecting military training or other readiness activities.". SEC. 326. COMMON MEASUREMENT OF OPERATIONS TEMPO AND 10 USC 153note. PERSONNEL TEMPO. (a) MEANS FOR MEASUREMENT. —The Chairman of the Joint Chiefs of Staff shall, to the maximum extent practicable, develop (1) a common means of measuring the operations tempo (OPTEMPO) of each of the Armed Forces, and (2) a common means of measuring the personnel tempo (PERSTEMPO) of each of the Armed Forces. The Chairman shall consult with the other members of the Joint Chiefs of Staff in developing those common means of measurement. (b) PERSTEMPO MEASUREMENT.— The measurement of personnel tempo developed by the Chairman shall include a means of identifying the rate of deployment for individual members of the Armed Forces in addition to the rate of depl oyment for units. SEC. 327. INCLUSION OF AIR FORCE DEPOT MAINTENANCE AS OPER- 10 USC 221 note. ATION AND MAINTENANCE BUDGET LINE ITEMS. For fiscal year 1999 and each fiscal year thereafter. Air Force depot-level maintenance of materiel shall be displayed as one or more separate line items under each subactivity within the authorization request for operation and maintenance, Air Force, in the proposed budget for that fiscal year submitted to Congress pursuant to section 1105 of title 31, United States Code.

�