[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3230 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 10, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3230) entitled ``An Act to authorize appropriations for fiscal year
1997 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1997''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. General limitation.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Sec. 109. Defense Nuclear Agency.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement of Javelin missile system.
Sec. 112. Army assistance for Chemical Demilitarization Citizens'
Advisory Commissions.
Sec. 113. Study regarding neutralization of the chemical weapons
stockpile.
Sec. 114. Permanent authority to carry out arms initiative.
Sec. 115. Type classification of Electro Optic Augmentation (EOA)
system.
Sec. 116. Bradley TOW 2 Test Program sets.
Sec. 117. Demilitarization of assembled chemical munitions.
Subtitle C--Navy Programs
Sec. 121. EA-6B aircraft reactive jammer program.
Sec. 122. Penguin missile program.
Sec. 123. Nuclear attack submarine programs.
Sec. 124. Arleigh Burke class destroyer program.
Sec. 125. Maritime prepositioning ship program enhancement.
Sec. 126. Additional exception from cost limitation for Seawolf
submarine program.
Sec. 127. Radar modernization.
Subtitle D--Air Force Programs
Sec. 131. Multiyear contracting authority for the C-17 aircraft
program.
Subtitle E--Reserve Components
Sec. 141. Assessments of modernization priorities of the reserve
components.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Defense Nuclear Agency.
Sec. 204. Funds for research, development, test, and evaluation
relating to humanitarian demining
technologies.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Department of Defense Space Architect.
Sec. 213. Space-based infrared system program.
Sec. 214. Research for advanced submarine technology.
Sec. 215. Clementine 2 micro-satellite development program.
Sec. 216. Tier III minus unmanned aerial vehicle.
Sec. 217. Defense airborne reconnaissance program.
Sec. 218. Cost analysis of F-22 aircraft program.
Sec. 219. F-22 aircraft program reports.
Sec. 220. Nonlethal weapons and technologies programs.
Sec. 221. Counterproliferation support program.
Sec. 222. Federally funded research and development centers and
university-affiliated research centers.
Sec. 223. Advanced submarine technologies.
Sec. 224. Funding for basic research in nuclear seismic monitoring.
Sec. 225. Cyclone class craft self-defense.
Sec. 226. Computer-assisted education and training.
Sec. 227. Seamless High Off-Chip Connectivity.
Sec. 228. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 229. National Polar-Orbiting Operational Environmental Satellite
System.
Sec. 230. Surgical strike vehicle for use against hardened and deeply
buried targets.
Subtitle C--Ballistic Missile Defense
Sec. 231. Conversion of ABM treaty to multilateral treaty.
Sec. 232. Funding for upper tier theater missile defense systems.
Sec. 233. Elimination of requirements for certain items to be included
in the annual report on the ballistic
missile defense program.
Sec. 234. ABM treaty defined.
Sec. 235. Scorpius space launch technology program.
Sec. 236. Corps SAM/MEADS program.
Sec. 237. Annual report on threat of attack by ballistic missiles
carrying nuclear, chemical, or biological
warheads.
Sec. 238. Air Force national missile defense plan.
Sec. 239. Extension of prohibition on use of funds to implement an
international agreement concerning theater
missile defense systems.
Subtitle D--Other Matters
Sec. 241. Live-fire survivability testing of F-22 aircraft.
Sec. 242. Live-fire survivability testing of V-22 aircraft.
Sec. 243. Amendment to University Research Initiative Support Program.
Sec. 244. Desalting technologies.
Subtitle E--National Oceanographic Partnership
Sec. 251. Short title.
Sec. 252. National Oceanographic Partnership Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Defense Nuclear Agency.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Sec. 306. SR-71 contingency reconnaissance force.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 312. National Defense Sealift Fund.
Sec. 313. Nonlethal weapons capabilities.
Sec. 314. Restriction on Coast Guard funding.
Sec. 315. Ocenographic ship operations and data analysis.
Subtitle C--Depot-Level Activities
Sec. 321. Department of Defense performance of core logistics
functions.
Sec. 322. Increase in percentage limitation on contractor performance
of depot-level maintenance and repair
workloads.
Sec. 323. Report on depot-level maintenance and repair.
Sec. 324. Depot-level maintenance and repair workload defined.
Sec. 325. Strategic plan relating to depot-level maintenance and
repair.
Sec. 326. Annual report on competitive procedures.
Sec. 327. Annual risk assessments regarding private performance of
depot-level maintenance work.
Sec. 328. Extension of authority for naval shipyards and aviation
depots to engage in defense-related
production and services.
Sec. 329. Limitation on use of funds for F-18 aircraft depot
maintenance.
Sec. 330. Depot maintenance and repair at facilities closed by BRAC.
Subtitle D--Environmental Provisions
Sec. 341. Establishment of separate environmental restoration accounts
for each military department.
Sec. 342. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response
actions.
Sec. 343. Repeal of redundant notification and consultation
requirements regarding remedial
investigations and feasibility studies at
certain installations to be closed under
the base closure laws.
Sec. 344. Payment of certain stipulated civil penalties.
Sec. 345. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 346. Authority to transfer contaminated Federal property before
completion of required remedial actions.
Sec. 347. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 348. Shipboard solid waste control.
Sec. 349. Cooperative agreements for the management of cultural
resources on military installations.
Sec. 350. Report on withdrawal of public lands at El Centro Naval Air
Facility, California.
Sec. 351. Use of hunting and fishing permit fees collected at closed
military reservations.
Sec. 352. Authority for agreements with Indian tribes for services
under Environmental Restoration Program.
Subtitle E--Other Matters
Sec. 361. Firefighting and security-guard functions at facilities
leased by the Government.
Sec. 362. Authorized use of recruiting funds.
Sec. 363. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 364. Administration of midshipmen's store and other Naval Academy
support activities as nonappropriated fund
instrumentalities.
Sec. 365. Assistance to committees involved in inauguration of the
President.
Sec. 366. Department of Defense support for sporting events.
Sec. 367. Renovation of building for Defense Finance and Accounting
Service Center, Fort Benjamin Harrison,
Indiana.
Sec. 368. Computer Emergency Response Team at Software Engineering
Institute.
Sec. 369. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of
the Defense Language Institute.
Sec. 370. Authority of Air National Guard to provide certain services
at Lincoln Municipal Airport, Lincoln
Nebraska.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary flexibility relating to permanent end strength
levels.
Sec. 403. Authorized strengths for commissioned officers in grades O-4,
O-5, and O-6.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer
positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. Personnel management relating to assignment to service in the
Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Extension of authority for temporary promotions for certain
Navy lieutenants with critical skills.
Sec. 502. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 503. Time for award of degrees by unaccredited educational
institutions for graduates to be considered
educationally qualified for appointment as
Reserve officers in grade O-3.
Sec. 504. Chief Warrant Officer promotions.
Sec. 505. Frequency of periodic report on promotion rates of officers
currently or formerly serving in joint duty
assignments.
Sec. 506. Grade of Chief of Naval Research.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Clarification of definition of active status.
Sec. 512. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 513. Repeal of requirement for physical examinations of members of
National Guard called into Federal service.
Sec. 514. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 515. Retirement of Reserves disabled by injury or disease incurred
or aggravated during overnight stay between
inactive duty training periods.
Sec. 516. Reserve credit for participation in the Health Professions
Scholarship and Financial Assistance
Program.
Sec. 517. Report on Guard and Reserve force structure.
Sec. 518. Modified end strength authorization for military technicians
for the Air National Guard for fiscal year
1997.
Subtitle C--Officer Education Programs
Sec. 521. Increased age limit on appointment as a cadet or midshipman
in the Senior Reserve Officers' Training
Corps and the service academies.
Sec. 522. Demonstration project for instruction and support of Army
ROTC units by members of the Army Reserve
and National Guard.
Sec. 523. Prohibition on reorganization of Army ROTC Cadet Command of
termination of Senior ROTC units pending
report on ROTC.
Subtitle D--Other Matters
Sec. 531. Retirement at grade to which selected for promotion when a
physical disability is found at any
physical examination.
Sec. 532. Limitations on recall of retired members to active duty.
Sec. 533. Disability coverage for officers granted excess leave for
educational purposes.
Sec. 534. Uniform policy regarding retention of members who are
permanently nonworldwide assignable.
Sec. 535. Authority to extend period for enlistment in regular
component under the delayed entry program.
Sec. 536. Career service reenlistments for members with at least 10
years of service.
Sec. 537. Revisions to missing persons authorities.
Sec. 538. Inapplicability of Soldiers' and Sailors' Civil Relief Act of
1940 to the period of limitations for
filing claims for corrections of military
records.
Sec. 539. Medal of Honor for certain African-American soldiers who
served in World War II.
Sec. 540. Chief and assistant chief of Army Nurse Corps.
Sec. 541. Chief and assistant chief of Air Force Nurse Corps.
Sec. 542. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 543. Military Personnel Stalking Punishment and Prevention Act of
1996.
Subtitle E--Commissioned Corps of the Public Health Service
Sec. 561. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at
the service academies.
Sec. 562. Exception to grade limitations for Public Health Service
officers assigned to the Department of
Defense.
Subtitle F--Defense Economic Adjustment, Diversification, Conversion,
and Stabilization
Sec. 571. Authority to expand law enforcement placement program to
include firefighters.
Sec. 572. Troops-to-teachers program improvements.
Subtitle G--Armed Forces Retirement Home
Sec. 581. References to Armed Forces Retirement Home Act of 1991.
Sec. 582. Acceptance of uncompensated services.
Sec. 583. Disposal of real property.
Sec. 584. Matters concerning personnel.
Sec. 585. Fees for residents.
Sec. 586. Authorization of appropriations.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Basic allowance for quarters for members assigned to sea
duty.
Sec. 605. Uniform applicability of discretion to deny an election not
to occupy Government quarters.
Sec. 606. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 607. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and
nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Increased special pay for dental officers of the Armed
Forces.
Sec. 615. Retention special pay for Public Health Service optometrists.
Sec. 616. Special pay for nonphysician health care providers in the
Public Health Service.
Sec. 617. Foreign language proficiency pay for Public Health Service
and National Oceanic and Atmospheric
Administration officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Round trip travel allowances for shipping motor vehicles at
Government expense.
Sec. 622. Option to store instead of transport a privately owned
vehicle at the expense of the United
States.
Sec. 623. Deferral of travel with travel and transportation allowances
in connection with leave between
consecutive overseas tours.
Sec. 624. Funding for transportation of household effects of Public
Health Service officers.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment
for fiscal year 1998.
Sec. 632. Allotment of retired or retainer pay.
Sec. 633. Cost-of-living increases in SBP contributions to be effective
concurrently with payment of related
retired pay cost-of-living increases.
Sec. 634. Annuities for certain military surviving spouses.
Sec. 635. Adjusted annual income limitation applicable to eligibility
for income supplement for certain widows of
members of the uniformed services.
Sec. 636. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service
retirement annuity.
Subtitle E--Other Matters
Sec. 641. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 642. Waiver of recoupment of amounts withheld for tax purposes
from certain separation pay received by
involuntarily separated members and former
members of the Armed Forces.
Sec. 643. Payment to Vietnamese commandos captured and interned by
North Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--General
Sec. 701. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 702. Dental insurance plan for military retirees and certain
dependents.
Sec. 703. Uniform composite health care system software.
Sec. 704. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Sec. 705. Codification of authority to credit CHAMPUS collections to
program accounts.
Sec. 706. Comptroller General review of health care activities of the
Department of Defense relating to Persian
Gulf illnesses.
Sec. 707. Restoration of previous policy regarding restrictions on use
of Department of Defense Medical
Facilities.
Sec. 708. Plans for medicare subvention demonstration programs.
Sec. 709. Research and benefits relating to Gulf War service.
Sec. 710. Preventive health care screening for colon and prostate
cancer.
Subtitle B--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services
health care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Modification of authority to carry out certain prototype
projects.
Sec. 804. Revisions to the program for the assessment of the national
defense technology and industrial base.
Sec. 805. Procurements to be made from small arms industrial base
firms.
Sec. 806. Exception to prohibition on procurement of foreign goods.
Sec. 807. Treatment of Department of Defense cable television franchise
agreements.
Sec. 808. Remedies for reprisals against contractor employee
whistleblowers.
Sec. 809. Implementation of information technology management reform.
Sec. 810. Research under transactions other than contracts and grants.
Sec. 811. Reporting requirement under demonstration project for
purchase of fire, security, police, public
works, and utility services from local
Government agencies.
Sec. 812. Test programs for modernization-through-spares.
Sec. 813. Pilot program for transfer of defense technology information
to private industry.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of reorganization of Office of Secretary of Defense.
Sec. 902. Codification of requirements relating to continued operation
of the Uniformed Services University of the
Health Sciences.
Sec. 903. Codification of requirement for United States Army Reserve
Command.
Sec. 904. Transfer of authority to control transportation systems in
time of war.
Sec. 905. Redesignation of Office of Naval Records and History Fund and
correction of related references.
Sec. 906. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence
officials.
Sec. 907. Matters to be considered in next assessment of current
missions, responsibilities, and force
structure of the unified combatant
commands.
Sec. 908. Actions to limit adverse effects of establishment of National
Missile Defense Joint Program Office on
private sector employment.
Subtitle B--National Imagery and Mapping Agency
Sec. 911. Short title.
Sec. 912. Findings.
Part I--Establishment
Sec. 921. Establishment, missions, and authority.
Sec. 922. Transfers.
Sec. 923. Compatibility with authority under the National Security Act
of 1947.
Sec. 924. Other personnel management authorities.
Sec. 925. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 926. Saving provisions.
Sec. 927. Definitions.
Sec. 928. Authorization of appropriations.
Part II--Conforming Amendments and Effective Dates
Sec. 931. Redesignation and repeals.
Sec. 932. References.
Sec. 933. Headings and clerical amendments.
Sec. 934. Effective dates.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1004. Use of funds transferred to the Coast Guard.
Sec. 1005. Use of military-to-military contacts funds for professional
military education and training.
Sec. 1006. Payment of certain expenses relating to humanitarian and
civic assistance.
Sec. 1007. Reimbursement of Department of Defense for costs of disaster
assistance provided outside the United
States.
Sec. 1008. Fisher House Trust Fund for the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. Check cashing and exchange transactions with credit unions
outside the United States.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Authority to transfer naval vessels.
Sec. 1022. Transfer of certain obsolete tugboats of the Navy.
Sec. 1023. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE
class ships.
Sec. 1024. Contract options for LMSR vessels.
Sec. 1025. Sense of the Senate concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Limitation on defense funding of the National Drug
Intelligence Center.
Sec. 1033. Investigation of the National Drug Intelligence Center.
Subtitle D--Matters Relating to Foreign Countries
Sec. 1041. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1042. Authority for reciprocal exchange of personnel between the
United States and foreign countries for
flight training.
Sec. 1043. Extension of counterproliferation authorities.
Sec. 1044. Prohibition on collection and release of detailed satellite
imagery relating to Israel and other
countries and areas.
Sec. 1045. Defense burdensharing.
Sec. 1046. Sense of the Senate concerning export controls.
Sec. 1047. Report on NATO enlargement.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Annual report on emerging operational concepts.
Sec. 1052. Annual joint warfighting science and technology plan.
Sec. 1053. Report on military readiness requirements of the Armed
Forces.
Sec. 1054. Annual report of reserve forces policy board.
Sec. 1055. Information on proposed funding for the Guard and Reserve
components in future-years Defense
programs.
Sec. 1056. Report on facilities used for testing launch vehicle
engines.
Subtitle F--Other Matters
Sec. 1061. Uniform Code of Military Justice amendments.
Sec. 1062. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1063. Correction of references to Department of Defense
organizations.
Sec. 1064. Authority of certain members of the Armed Forces to perform
notarial or consular acts.
Sec. 1065. Training of members of the uniformed services at non-
Government facilities.
Sec. 1066. Third-party liability to United States for tortious
infliction of injury or disease on members
of the uniformed services.
Sec. 1067. Display of State flags at installations and facilities of
the Department of Defense.
Sec. 1068. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1069. Authority to award to civilian participants in the defense
of Pearl Harbor the Congressional medal
previously authorized only for military
participants in the defense of Pearl
Harbor.
Sec. 1070. Michael O'Callaghan Federal Hospital, Las Vegas, Nevada.
Sec. 1071. Naming of building at the Uniformed Services University of
the Health Sciences.
Sec. 1072. Sense of the Senate regarding the United States-Japan
semiconductor trade agreement.
Sec. 1073. Food donation pilot program at the service academies.
Sec. 1074. Designation of memorial as National D-Day Memorial.
Sec. 1075. Improvements to National Security Education Program.
Sec. 1076. Reimbursement for excessive compensation of contractor
personnel prohibited.
Sec. 1077. Sense of the Senate on Department of Defense sharing of
experiences under military youth programs.
Sec. 1078. Sense of the Senate on Department of Defense sharing of
experiences with military child care.
Sec. 1079. Increase in penalties for certain traffic offenses on
military installations.
Sec. 1080. Pharmaceutical industry special equity.
Sec. 1081. Clarification of national security systems to which the
Information Technology Management Reform
Act of 1996 applies.
Sec. 1082. Sale of chemicals used to namufacture controlled substances
by Federal departments or agencies.
Sec. 1083. Operational support airlift aircraft.
Sec. 1084. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1085. Strengthening certain sanctions against nuclear
proliferation activities.
Sec. 1086. Technical amendment.
Sec. 1087. Facility for military dependent children with disabilities,
Lackland Air Force Base, Texas.
Sec. 1088. Prohibition on the distribution of information relating to
explosive materials for a criminal purpose.
Sec. 1089. Exemption for savings institutions serving military
personnel.
Subtitle G--Review of Armed Forces Force Structures
Sec. 1091. Short title.
Sec. 1092. Findings.
Sec. 1093. Quadrennial Defense Review
Sec. 1094. National Defense Panel.
Sec. 1095. Postponement of deadlines.
Sec. 1096. Definitions.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Personnel Management, Pay, and Allowances
Sec. 1101. Scope of requirement for conversion of military positions to
civilian positions.
Sec. 1102. Retention of civilian employee positions at military
training bases transferred to National
Guard.
Sec. 1103. Clarification of limitation on furnishing clothing or paying
a uniform allowance to enlisted National
Guard technicians.
Sec. 1104. Travel expenses and health care for civilian employees of
the Department of Defense abroad.
Sec. 1105. Travel, transportation, and relocation allowances for
certain former nonappropriated fund
employees.
Sec. 1106. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1107. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1108. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1109. Extension of authority for civilian employees of Department
of Defense to participate voluntarily in
reductions in force.
Sec. 1110. Compensatory time off for overtime work performed by wage-
board employees.
Sec. 1111. Liquidation of restored annual leave that remains unused
upon transfer of employee from installation
being closed or realigned.
Sec. 1112. Waiver of requirement for repayment of voluntary separation
incentive pay by former Department of
Defense employees reemployed by the
Government without pay.
Sec. 1113. Federal holiday observance rules for Department of Defense
employees.
Sec. 1114. Revision of certain travel management authorities.
Subtitle B--Defense Economic Adjustment, Diversification, Conversion,
and Stabilization
Sec. 1121. Pilot programs for defense employees converted to contractor
employees due to privatization at closed
military installations.
Sec. 1122. Troops-to-teachers program improvements applied to civilian
personnel.
Subtitle C--Defense Intelligence Personnel
Sec. 1131. Short title.
Sec. 1132. Civilian intelligence personnel management.
Sec. 1133. Repeals.
Sec. 1134. Clerical amendments.
TITLE XII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1201. Recognition and grant of Federal charter.
Sec. 1202. Powers.
Sec. 1203. Purposes.
Sec. 1204. Service of process.
Sec. 1205. Membership.
Sec. 1206. Board of directors.
Sec. 1207. Officers.
Sec. 1208. Restrictions.
Sec. 1209. Liability.
Sec. 1210. Maintenance and inspection of books and records.
Sec. 1211. Audit of financial transactions.
Sec. 1212. Annual report.
Sec. 1213. Reservation of right to amend or repeal charter.
Sec. 1214. Tax-exempt status.
Sec. 1215. Termination.
Sec. 1216. Definition.
TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1311. Emergency response assistance program.
Sec. 1312. Nuclear, chemical, and biological emergency response.
Sec. 1313. Military assistance to civilian law enforcement officials in
emergency situations involving biological
or chemical weapons.
Sec. 1314. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological
weapons.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1321. United States border security.
Sec. 1322. Nonproliferation and counter-proliferation research and
development.
Sec. 1323. International Emergency Economic Powers Act.
Sec. 1324. Criminal penalties.
Sec. 1325. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1331. Protection and control of materials constituting a threat to
the United States.
Sec. 1332. Verification of dismantlement and conversion of weapons and
materials.
Sec. 1333. Elimination of plutonium production.
Sec. 1334. Industrial partnership programs to demilitarize weapons of
mass destruction production facilities.
Sec. 1335. Lab-to-lab program to improve the safety and security of
nuclear materials.
Sec. 1336. Cooperative activities on security of highly enriched
uranium used for propulsion of Russian
ships.
Sec. 1337. Military-to-military relations.
Sec. 1338. Transfer authority.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1341. National coordinator on nonproliferation.
Sec. 1342. National Security Council Committee on Nonproliferation.
Sec. 1343. Comprehensive preparedness program.
Sec. 1344. Termination.
Subtitle E--Miscellaneous
Sec. 1351. Contracting policy.
Sec. 1352. Transfers of allocations among cooperative threat reduction
programs.
Sec. 1353. Additional certifications.
Sec. 1354. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1355. Purchase, packaging, and transportation of fissile materials
at risk of theft.
Sec. 1356. Reductions in authorization of appropriations.
TITLE XIV--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1401. Short title.
Subtitle A--Relocation Benefits
Sec. 1411. Modification of allowance for seeking permanent residence
quarters.
Sec. 1412. Modification of temporary quarters subsistence expenses
allowance.
Sec. 1413. Modification of residence transaction expenses allowance.
Sec. 1414. Authority to pay for property management services.
Sec. 1415. Authority to transport a privately owned motor vehicle
within the continental United States
Sec. 1416. Authority to pay limited relocation allowances to an
employee who is performing an extended
assignment.
Sec. 1417. Authority to pay a home marketing incentive.
Sec. 1418. Conforming amendments.
Subtitle B--Miscellaneous Provisions
Sec. 1431. Repeal of the long-distance telephone call certification
requirement.
Sec. 1432. Transfer of authority to issue regulations.
Sec. 1433. Report on assessment of cost savings.
Sec. 1434. Effective date; issuance of regulations.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed
Medical Center, Maryland.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Defense access roads.
Sec. 2205. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Funding for construction and improvement of reserve centers
in the State of Washington.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Prohibition on use of funds for certain projects.
Sec. 2706. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor
construction projects.
Sec. 2802. Clarification of authority to improve military family
housing.
Sec. 2803. Authority to grant easements for rights-of-way.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority under 1988 base closure law to
transfer property and facilities to other
entities in the Department of Defense.
Sec. 2812. Agreements for services at installations after closure.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Potomac Annex, District of Columbia.
Sec. 2823. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2824. Land conveyance, former Naval Reserve Facility, Lewes,
Delaware.
Sec. 2825. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2826. Conveyance of primate research complex, Holloman Air Force
Base, New Mexico.
Sec. 2827. Demonstration project for installation and operation of
electric power distribution system at
Youngstown Air Reserve Station, Ohio.
Sec. 2828. Transfer of jurisdiction and land conveyance, Fort Sill,
Oklahoma.
Sec. 2829. Renovation of the Pentagon Reservation.
Sec. 2830. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2831. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Sec. 2832. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2833. Land transfer, Vernon Ranger District, Kisatchie National
Forest, Louisiana.
Sec. 2834. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2835. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2836. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Sec. 2837. Bandelier National Monument.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Tritium production.
Sec. 3132. Modernization and consolidation of tritium recycling
facilities.
Sec. 3133. Modification of requirements for manufacturing
infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3134. Limitation on use of funds for certain research and
development purposes.
Sec. 3135. Accelerated schedule for isolating high-level nuclear waste
at the Defense Waste Processing Facility,
Savannah River Site.
Sec. 3136. Processing of high-level nuclear waste and spent nuclear
fuel rods.
Sec. 3137. Fellowship program for development of skills critical to
Department of Energy nuclear weapons
complex.
Sec. 3138. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Requirement for annual five-year budget for the national
security programs of the Department of
Energy.
Sec. 3152. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year
1997.
Sec. 3153. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3154. Plans for activities to process nuclear materials and clean
up nuclear waste at the Savannah River
Site.
Sec. 3155. Update of report on nuclear test readiness postures.
Sec. 3156. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production
plants.
Sec. 3157. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3158. Sense of Congress relating to redesignation of Defense
Environmental Restoration and Waste
Management Program.
Sec. 3159. Commission on Maintaining United States Nuclear Weapons
Expertise.
Sec. 3160. Sense of Senate regarding reliability and safety of
remaining nuclear forces.
Sec. 3161. Report on Department of Energy liability at Department
superfund sites.
Sec. 3162. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3163. Opportunity for review and comment by State of Oregon
regarding certain remedial actions at
Hanford Reservation, Washington.
Sec. 3164. Sense of Senate on Hanford memorandum of understanding.
Sec. 3165. Foreign environmental technology.
Sec. 3166. Study on worker protection at the Mound Facility.
Subtitle E--Environmental Restoration at Defense Nuclear Facilities
Sec. 3171. Short title.
Sec. 3172. Applicability.
Sec. 3173. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3174. Site managers.
Sec. 3175. Department of Energy orders.
Sec. 3176. Demonstrations of technology for remediation of defense
nuclear waste.
Sec. 3177. Reports to Congress.
Sec. 3178. Termination.
Sec. 3179. Definitions.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.
Sec. 3181. Short title and reference.
Sec. 3182. Definitions.
Sec. 3183. Test phase and retrieval plans.
Sec. 3184. Management plan.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Retrievability.
Sec. 3190. Decommissioning of WIPP
Sec. 3191. Economic assistance and miscellaneous payments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Disposal of certain materials in National Defense Stockpile.
Sec. 3303. Additional authority to dispose of materials in National
Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures in accordance with other laws.
TITLE XXXVI--MISCELLANEOUS PROVISION
Sec. 3601. Sense of the Senate regarding the reopening of Pennsylvania
Avenue.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
SEC. 4. GENERAL LIMITATION.
Notwithstanding any other provision of this Act, the total amount
authorized to be appropriated for fiscal year 1997 for the national
defense function under the provisions of this Act is $265,583,000,000.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Army as follows:
(1) For aircraft, $1,508,515,000.
(2) For missiles, $1,160,829,000.
(3) For weapons and tracked combat vehicles,
$1,460,115,000.
(4) For ammunition, $1,156,728,000.
(5) For other procurement, $3,298,940,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Navy as follows:
(1) For aircraft, $6,911,352,000.
(2) For weapons, including missiles and torpedoes,
$1,513,263,000.
(3) For shipbuilding and conversion, $6,567,330,000.
(4) For other procurement, $3,005,040,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Marine Corps in the amount
of $816,107,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Air Force as follows:
(1) For aircraft, $7,003,528,000.
(2) For missiles, $2,847,177,000.
(3) For other procurement, $5,889,519,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1997
for Defense-wide procurement in the amount of $1,908,012,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $224,000,000.
(2) For the Air National Guard, $305,800,000.
(3) For the Army Reserve, $90,000,000.
(4) For the Naval Reserve, $40,000,000.
(5) For the Air Force Reserve, $40,000,000.
(6) For the Marine Corps Reserve, $60,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1997
for procurement for the Inspector General of the Department of Defense
in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1997
the amount of $802,847,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $269,470,000.
SEC. 109. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the Department of
Defense under section 104, $7,900,000 shall be available for the
Defense Nuclear Agency.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT OF JAVELIN MISSILE SYSTEM.
The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into multiyear procurement
contracts for the procurement of the Javelin missile system.
SEC. 112. ARMY ASSISTANCE FOR CHEMICAL DEMILITARIZATION CITIZENS'
ADVISORY COMMISSIONS.
Subsections (b) and (f) of section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2341; 50 U.S.C. 1521 note) are each amended by striking out ``Assistant
Secretary of the Army (Installations, Logistics and Environment)'' and
inserting in lieu thereof ``Assistant Secretary of the Army (Research,
Development and Acquisition)''.
SEC. 113. STUDY REGARDING NEUTRALIZATION OF THE CHEMICAL WEAPONS
STOCKPILE.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the cost of incineration of the current chemical munitions
stockpile by building incinerators at each existing facility compared
to the proposed cost of dismantling those same munitions, neutralizing
them at each storage site and transporting the neutralized remains and
all munitions parts to a centrally located incinerator within the
United States for incineration.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of the Congress a report on the study carried out under
subsection (a).
SEC. 114. PERMANENT AUTHORITY TO CARRY OUT ARMS INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing Support
Initiative Act of 1992 (subtitle H of title I of Public Law 102-484; 10
U.S.C. 2501 note) is amended by striking out ``During fiscal years 1993
through 1996'', and inserting in lieu thereof ``During fiscal years
1993 through 1998''.
SEC. 115. TYPE CLASSIFICATION OF ELECTRO OPTIC AUGMENTATION (EOA)
SYSTEM.
(a) Requirement.--The Secretary of the Army shall type classify the
Electro Optic Augmentation (EOA) system.
(b) Funding.--Of the amounts authorized to be appropriated for the
Army by this division, $100,000 shall made be available to the Armored
Systems Modernization Program manager for the type classification
required by subsection (a).
SEC. 116. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under section 101(3) of
the National Defense Authorization Act for Fiscal Year 1996 (110 Stat.
204), $6,000,000 is available for the procurement of Bradley TOW 2 Test
Program sets.
SEC. 117. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.
(a) Pilot Program.--The Secretary of Defense shall conduct a pilot
program to identify and demonstrate feasible alternatives to
incineration for the demilitarization of assembled chemical munitions.
(b) Program Requirements.--(1) The Secretary of Defense shall
designate an executive agent to carry out the pilot program required to
be conducted under subsection (a).
(2) The executive agent shall--
(A) be an officer or executive of the United States
Government;
(B) be accountable to the Secretary of Defense; and
(C) not be, or have been, in direct or immediate control of
the chemical weapon stockpile demilitarization program
established by 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521) or the alternative disposal process
program carried out under sections 174 and 175 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 50 U.S.C. 1521 note).
(3) The executive agent may--
(A) carry out the pilot program directly;
(B) enter into a contract with a private entity to carry
out the pilot program; or
(C) transfer funds to another department or agency of the
Federal Government in order to provide for such department or
agency to carry out the pilot program.
(4) A department or agency that carries out the pilot program under
paragraph (3)(C) may not, for purposes of the pilot program, contract
with or competitively select the organization within the Army that
exercises direct or immediate management control over either program
referred to in paragraph (2)(C).
(5) The pilot program shall terminate not later than September 30,
2000.
(c) Annual Report.--Not later than December 15 of each year in
which the Secretary carries out the pilot program, the Secretary shall
submit to Congress a report on the activities under the pilot program
during the preceding fiscal year.
(d) Evaluation and Report.--Not later than December 31, 2000, the
Secretary of Defense shall--
(1) evaluate each demilitarization alternative identified
and demonstrated under the pilot program to determine whether
that alternative--
(A) is as safe and cost efficient as incineration
for disposing of assembled chemical munitions; and
(B) meets the requirements of section 1412 of the
Department of Defense Authorization Act, 1986; and
(2) submit to Congress a report containing the evaluation.
(e) Limitation on Long Lead Contracting.--(1) Notwithstanding any
other provision of law and except as provided in paragraph (2), the
Secretary may not enter into any contract for the purchase of long lead
materials considered to be baseline incineration specific materials for
the construction of an incinerator at any site in Kentucky or Colorado,
within one year of the date of enactment of this Act or, thereafter
until the executive agent designated for the pilot program submits an
application for such permits as are necessary under the law of the
State of Kentucky or the law of the State of Colorado, as the case may
be, for the construction at that site of a plant for demilitarization
of assembled chemical munitions by means of an alternative to
incineration.
(2) Provided, however, That the Secretary may enter into a contract
described in paragraph (1) beginning 60 days after the date on which
the Secretary submits to Congress--
(A) the report required by subsection (d)(2); and
(B) the certification of the executive agent that there
exists no alternative technology as safe and cost efficient as
incineration for demilitarizing chemical munitions at non-bulk
sites that can meet the requirements of section 1412 of the
Department of Defense Authorization Act, 1986.
(f) Assembled Chemical Munition Defined.--For the purpose of this
section, the term ``assembled chemical munition'' means an entire
chemical munition, including component parts, chemical agent,
propellant, and explosive.
(g) Funding.--(1) Of the amount authorized to be appropriated under
section 107, $60,000,000 shall be available for the pilot program under
this section. Such funds may not be derived from funds to be made
available under the chemical demilitarization program for the
alternative technologies research and development program at bulk
sites.
(2) Funds made available for the pilot program pursuant to
paragraph (1) shall be made available to the executive agent for use
for the pilot program.
Subtitle C--Navy Programs
SEC. 121. EA-6B AIRCRAFT REACTIVE JAMMER PROGRAM.
(a) Limitation.--None of the funds appropriated pursuant to section
102(a)(1) for modifications or upgrades of EA-6B aircraft may be
obligated, other than for a reactive jammer program for such aircraft,
until 30 days after the date on which the Secretary of the Navy submits
to the congressional defense committees in writing--
(1) a certification that some or all of such funds have
been obligated for a reactive jammer program for EA-6B
aircraft; and
(2) a report that sets forth a detailed, well-defined
program for--
(A) developing a reactive jamming capability for
EA-6B aircraft; and
(B) upgrading the EA-6B aircraft of the Navy to
incorporate the reactive jamming capability.
(b) Contingent Transfer of Funds to Air Force.--(1) If the
Secretary of the Navy has not submitted the certification and report
described in subsection (a) to the congressional defense committees
before June 1, 1997, then, on that date, the Secretary of Defense shall
transfer to Air Force, out of appropriations available to the Navy for
fiscal year 1997 for procurement of aircraft, the amount equal to the
amount appropriated to the Navy for fiscal year 1997 for modifications
and upgrades of EA-6B aircraft.
(2) Funds transferred to the Air Force pursuant to paragraph (1)
shall be available for maintaining and upgrading the jamming capability
of EF-111 aircraft.
SEC. 122. PENGUIN MISSILE PROGRAM.
(a) Multiyear Procurement Authority.--The Secretary of the Navy
may, in accordance with section 2306b of title 10, United States Code,
enter into multiyear procurement contracts for the procurement of not
more than 106 Penguin missile systems.
(b) Limitation on Total Cost.--The total amount obligated or
expended for procurement of Penguin missile systems under contracts
under subsection (a) may not exceed $84,800,000.
SEC. 123. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized.--(1) Of the amount authorized to be
appropriated by section 102(a)(3)--
(A) $804,100,000 shall be available for construction of the
third vessel (designated SSN-23) in the Seawolf attack
submarine class;
(B) $296,200,000 shall be available for long-lead and
advance construction and procurement of components for
construction of a submarine (previously designated by the Navy
as the New Attack Submarine) beginning in fiscal year 1998 to
be built by Electric Boat Division; and
(C) $701,000,000 shall be available for long-lead and
advance construction and procurement of components for
construction of a second submarine (previously designated by
the Navy as the New Attack Submarine) beginning in fiscal year
1999 to be built by Newport News Shipbuilding.
(2) In addition to the purposes for which the amount authorized to
be appropriated by section 102(a)(3) is available under subparagraphs
(B) and (C) of paragraph (1), the amounts available under such
subparagraphs are also available for contracts with Electric Boat
Division and Newport News Shipbuilding to carry out the provisions of
the ``Memorandum of Agreement Among the Department of the Navy,
Electric Boat Corporation (EB) and Newport News Shipbuilding and
Drydock Company (NNS) Concerning the New Attack Submarine'', dated
April 5, 1996, relating to design data transfer, design improvements,
integrated process teams, and updated design base.
(b) Contracts Authorized.--(1) The Secretary of the Navy is
authorized, using funds available pursuant to subparagraphs (B) and (C)
of subsection (a)(1), to enter into contracts with Electric Boat
Division and Newport News Shipbuilding, and suppliers of components,
during fiscal year 1997 for--
(A) the procurement of long-lead components for the
submarines referred to in such subparagraphs; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary of the Navy may enter into a contract or
contracts under this section with the shipbuilder of the submarine
referred to in subsection (a)(1)(B) only if the Secretary enters into a
contract or contracts under this section with the shipbuilder of the
submarine referred to in subsection (a)(1)(C).
(c) Competition and Limitations on Obligations.--(1)(A) Of the
amounts made available pursuant to subsection (a)(1), not more than
$100,000,000 may be obligated or expended until the Secretary of
Defense certifies in writing to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives that procurement of nuclear attack submarines described
in subparagraph (B) will be provided for under one or more contracts
that are entered into after a competition between Electric Boat
Division and Newport News Shipbuilding in which the Secretary of the
Navy solicits competitive proposals and awards the contract or
contracts on the basis of price.
(B) The submarines referred to in subparagraph (A) are nuclear
attack submarines that are to be constructed beginning--
(i) after fiscal year 1999; or
(ii) if four submarines are to be procured as provided for
in the plan required under section 131(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 209), after fiscal year 2001.
(2) Of the amounts made available pursuant to subsection (a)(1),
not more than $100,000,000 may be obligated or expended until the Under
Secretary of Defense for Acquisition and Technology submits to the
committees referred to in paragraph (1) a written report that describes
in detail--
(A) the oversight activities undertaken by the Under
Secretary up to the date of the report pursuant to section
131(b)(2)(C) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 207), and the
plans for the future development and improvement of the nuclear
attack submarine program of the Navy;
(B) the implementation of, and activities conducted under,
the program required to be established by the Director of the
Defense Advanced Research Projects Agency by section 131(i) of
such Act (110 Stat. 210) for the development and demonstration
of advanced submarine technologies and a rapid prototype
acquisition strategy for both land-based and at-sea subsystem
and system demonstrations of such technologies; and
(C) all research, development, test, and evaluation
programs, projects, or activities within the Department of
Defense which, in the opinion of the Under Secretary, are
designed to contribute to the development and demonstration of
advanced submarine technologies leading to a more capable, more
affordable nuclear attack submarine, together with a specific
identification of ongoing involvement, and plans for future
involvement, in any such program, project, or activity by
Electric Boat Division, Newport News Shipbuilding, or both.
(d) References to Shipbuilders.--For purposes of this section--
(1) the shipbuilder referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the shipbuilder referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(e) Next Attack Submarine After New Attack Submarine.--The
Secretary of Defense shall modify the plan (relating to development of
a program leading to production of a more capable and less expensive
submarine than the New Attack Submarine) that was submitted to Congress
pursuant to section 131(c) of Public Law 104-106 (110 Stat. 208) in
order to provide in such plan for selection of a design for a next
submarine for serial production not earlier than fiscal year 2000
(rather than fiscal year 2003, as provided in paragraph (3)(B) of such
section 131(c)).
SEC. 124. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Funding.--(1) Subject to paragraph (3), funds authorized to be
appropriated by section 102(a)(3) may be made available for contracts
entered into in fiscal year 1996 under subsection (b)(1) of section 135
of the National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 211) for construction for the third of the three
Arleigh Burke class destroyers covered by that subsection. Such funds
are in addition to amounts made available for such contracts by the
second sentence of subsection (a) of that section.
(2) Subject to paragraph (3), funds authorized to be appropriated
by section 102(a)(3) may be made available for contracts entered into
in fiscal year 1997 under subsection (b)(2) of such section 135 for
construction (including advance procurement) for the Arleigh Burke
class destroyers covered by such subsection (b)(2).
(3) The aggregate amount of funds available under paragraphs (1)
and (2) for contracts referred to in such paragraphs may not exceed
$3,483,030,000.
(4) Within the amount authorized to be appropriated by section
102(a)(3), $750,000,000 is authorized to be appropriated for advance
procurement for construction for the Arleigh Burke class destroyers
authorized by subsection (b).
(b) Authority for Multiyear Procurement of Twelve Vessels.--The
Secretary of the Navy is authorized, pursuant to section 2306b of title
10, United States Code, to enter into multiyear contracts for the
procurement of a total of 12 Arleigh Burke class destroyers at a
procurement rate of three ships in each of fiscal years, 1998, 1999,
2000, and 2001 in accordance with this subsection and subsections
(a)(4) and (c), subject to the availability of appropriations for such
destroyers. A contract for construction of one or more vessels that is
entered into in accordance with this subsection shall include a clause
that limits the liability of the Government to the contractor for any
termination of the contract.
SEC. 125. MARITIME PREPOSITIONING SHIP PROGRAM ENHANCEMENT.
Section 2218(f) of title 10, United States Code, shall not apply in
the case of the purchase of three ships for the purpose of enhancing
Marine Corps prepositioning ship squadrons.
SEC. 126. ADDITIONAL EXCEPTION FROM COST LIMITATION FOR SEAWOLF
SUBMARINE PROGRAM.
Section 133 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 211) is amended--
(1) in subsection (a), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsections (b) and (c)''; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Costs Not Included.--The previous obligations of $745,700,000
for the SSN-23, SSN-24, and SSN-25 submarines, out of funds
appropriated for fiscal years 1990, 1991, and 1992, that were
subsequently canceled (as a result of a cancellation of such
submarines) shall not be taken into account in the application of the
limitation in subsection (a).''.
SEC. 127. RADAR MODERNIZATION.
Funds appropriated for the Navy for fiscal years before fiscal year
1997 may not be used for development and procurement of the Pulse
Doppler Upgrade modification to the AN/SPS-48E radar system.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR CONTRACTING AUTHORITY FOR THE C-17 AIRCRAFT
PROGRAM.
(a) Multiyear Contracts Authorized.--The Secretary of the Air Force
may, pursuant to section 2306b of title 10, United States Code (except
as provided in subsection (b)(1)), enter into one or more multiyear
contracts for the procurement of not more than a total of 80 C-17
aircraft.
(b) Contract Period.--(1) Notwithstanding section 2306b(k) of title
10, United States Code, the period covered by a contract entered into
on a multiyear basis under the authority of subsection (a) may exceed
five years, but may not exceed seven years.
(2) Paragraph (1) shall not be construed as prohibiting the
Secretary of the Air Force from entering into a multiyear contract for
a period of less than seven years. In determining to do so, the
Secretary shall consider whether--
(A) sufficient funding is provided for in the future-years
defense program for procurement, within the shorter period, of
the total number of aircraft to be procured (within the number
set forth in subsection (a)); and
(B) the contractor is capable of delivering that total
number of aircraft within the shorter period.
(c) Option To Convert to One-Year Procurements.--Each multiyear
contract for the procurement of C-17 aircraft authorized by subsection
(a) shall include a clause that permits the Secretary of the Air
Force--
(1) to terminate the contract as of September 30, 1998,
without a modification in the price of each aircraft and
without incurring any obligation to pay the contractor
termination costs; and
(2) to then enter into follow-on one-year contracts with
the contractor for the procurement of C-17 aircraft (within the
total number of aircraft authorized under subsection (a)) at a
negotiated price that is not to exceed the price that is
negotiated before September 30, 1998, for the annual production
contract for the C-17 aircraft in lot VIII and subsequent lots.
Subtitle E--Reserve Components
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES OF THE RESERVE
COMPONENTS.
(a) Assessments Required.--Not later than December 1, 1996, each
officer referred to in subsection (b) shall submit to the congressional
defense committees an assessment of the modernization priorities
established for the reserve component or reserve components for which
that officer is responsible.
(b) Responsible Officers.--The officers required to submit a report
under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces Reserve.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,958,140,000.
(2) For the Navy, $9,041,534,000.
(3) For the Air Force, $14,786,356,000.
(4) For Defense-wide activities, $9,699,542,000, of which--
(A) $252,038,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1997.--Of the amounts authorized to be appropriated
by section 201, $4,005,787,000 shall be available for basic research
and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense
research and development under Department of Defense category 6.1 or
6.2.
SEC. 203. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the Department of
Defense under section 201, $221,330,000 shall be available for the
Defense Nuclear Agency.
SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
RELATING TO HUMANITARIAN DEMINING TECHNOLOGIES.
Of the amounts authorized to be appropriated by section 201(4),
$18,000,000 shall be available for research, development, test, and
evaluation activities relating to humanitarian demining technologies
(PE0603120D), to be administered by the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Funding.--Funds appropriated pursuant to the authorization of
appropriations in section 201(3) are authorized to be made available
for space launch modernization for purposes and in amounts as follows:
(1) For the Evolved Expendable Launch Vehicle program,
$44,457,000.
(2) For a competitive reusable launch vehicle technology
program, $25,000,000.
(b) Limitations.--(1) Of the funds made available for the reusable
launch vehicle technology program pursuant to subsection (a)(2), the
total amount obligated for such purpose may not exceed the total amount
allocated in the fiscal year 1997 current operating plan of the
National Aeronautics and Space Administration for the Reusable Space
Launch program of the National Aeronautics and Space Administration.
(2) None of the funds made available for the Evolved Expendable
Launch Vehicle program pursuant to subsection (a)(1) may be obligated
until the Secretary of Defense certifies to Congress that the Secretary
has made available for obligation the funds, if any, that are made
available for the reusable launch vehicle technology program pursuant
to subsection (a)(2).
SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.
(a) Required Program Element.--The Secretary of Defense shall
include the kinetic energy tactical anti-satellite program of the
Department of Defense as an element of the space control architecture
being developed by the Department of Defense Space Architect.
(b) Limitation on Use of Funds.--None of the funds authorized to be
appropriated pursuant to this Act, or otherwise made available to the
Department of Defense for fiscal year 1997, may be obligated or
expended for the Department of Defense Space Architect until the
Secretary of Defense certifies to Congress that--
(1) the Secretary is complying with the requirement in
subsection (a);
(2) funds appropriated for the kinetic energy tactical
anti-satellite program for fiscal year 1996 have been obligated
in accordance with section 218 of Public Law 104-106 and the
Joint Explanatory Statement of the Committee of Conference
accompanying S. 1124 (House Report 104-450 (104th Congress,
second session)); and
(3) the Secretary has made available for obligation the
funds appropriated for the kinetic energy tactical anti-
satellite program for fiscal year 1997 in accordance with this
Act.
SEC. 213. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding.--Funds appropriated pursuant to the authorization of
appropriations in section 201(3) are authorized to be made available
for the Space-Based Infrared System program for purposes and in amounts
as follows:
(1) For Space Segment High, $192,390,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Conditional Transfer of Management Oversight.--Not later than
30 days after the date of the enactment of this Act, the Secretary of
Defense shall transfer the management oversight responsibilities for
the Space and Missile Tracking System from the Secretary of the Air
Force to the Director of the Ballistic Missile Defense Organization.
(c) Certification.--If, within the 30-day period described in
subsection (b), the Secretary of Defense submits to Congress a
certification that the Secretary has established a program baseline for
the Space-Based Infrared System that satisfies the requirements of
section 216(a) of Public Law 104-106 (110 Stat. 220), then subsection
(b) of this section shall cease to be effective on the date on which
the Secretary submits the certification.
SEC. 214. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Section 132 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 210) is repealed.
SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Amount for Program.--Of the amount authorized to be
appropriated under section 201(3), $50,000,000 shall be available for
the Clementine 2 micro-satellite near-Earth asteroid interception
mission.
(b) Limitation.--None of the funds authorized to be appropriated
pursuant to this Act for the global positioning system (GPS) Block II F
Satellite system may be obligated until the Secretary of Defense
certifies to Congress that--
(1) funds appropriated for fiscal year 1996 for the
Clementine 2 Micro-Satellite development program have been
obligated in accordance with Public Law 104-106 and the Joint
Explanatory Statement of the Committee of Conference
accompanying S. 1124 (House Report 104-450 (104th Congress,
second session)); and
(2) the Secretary has made available for obligation the
funds appropriated for fiscal year 1997 for the Clementine 2
micro-satellite development program in accordance with this
section.
SEC. 216. TIER III MINUS UNMANNED AERIAL VEHICLE.
No official of the Department of Defense may enter into a contract
for the procurement of (including advance procurement for) a higher
number of Dark Star (tier III) low observable, high altitude endurance
unmanned aerial vehicles than is necessary to complete procurement of a
total of three such vehicles until flight testing has been completed.
SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report comparing the Predator unmanned aerial vehicle
program with the Dark Star (tier III) low observable, high altitude
endurance unmanned aerial vehicle program. The report shall contain the
following:
(1) A comparison of the capabilities of the Predator
unmanned aerial vehicle with the capabilities of the Dark Star
unmanned aerial vehicle.
(2) A comparison of the costs of the Predator program with
the costs of the Dark Star program.
(3) A recommendation on which program should be funded in
the event that funds are authorized to be appropriated, and are
appropriated, for only one of the two programs in the future.
(b) Limitation on Use of Funds Pending Submission of Report.--Funds
appropriated pursuant to section 104 may not be obligated for any
contract to be entered into after the date of the enactment of this Act
for the procurement of Predator unmanned aerial vehicles until the date
that is 60 days after the date on which the Secretary of Defense
submits the report required by subsection (a).
SEC. 218. COST ANALYSIS OF F-22 AIRCRAFT PROGRAM.
(a) Review of Program.--The Secretary of Defense shall direct the
Cost Analysis Improvement Group in the Office of the Secretary of
Defense to review the F-22 aircraft program, analyze and estimate the
production costs of the program, and submit to the Secretary a report
on the results of the review. The report shall include--
(1) a comparison of--
(A) the results of the review, with
(B) the results of the last independent estimate of
production costs of the program that was prepared by
the Cost Analysis Improvement Group in July 1991; and
(2) a description of any major changes in programmatic
assumptions that have occurred since the estimate referred to
in paragraph (1)(B) was made, including any major change in
assumptions regarding the program schedule, the quantity of
aircraft to be developed and acquired, and the annual rates of
production, together with an assessment of the effects of such
changes on the program.
(b) Report.--Not later than March 30, 1997, the Secretary shall
transmit to the congressional defense committees the report prepared
under paragraph (1), together with the Secretary's views on the matters
covered by the report.
(c) Limitation on Use of Funds Pending Submission of Report.--Not
more than 92 percent of the funds appropriated for the F-22 aircraft
program pursuant to the authorization of appropriations in section
103(1) may be expended until the Secretary of Defense submits the
report required by subsection (b).
SEC. 219. F-22 AIRCRAFT PROGRAM REPORTS.
(a) Annual Report.--(1) At the same time as the President submits
the budget for a fiscal year to Congress pursuant to section 1105(a) of
title 31, United States Code, the Secretary of Defense shall submit to
Congress a report on event-based decisionmaking for the F-22 aircraft
program for that fiscal year. The Secretary shall submit the report for
fiscal year 1997 not later than October 1, 1996.
(2) The report for a fiscal year shall include the following:
(A) A discussion of each decision (known as an ``event-
based decision'') that is expected to be made during that
fiscal year regarding whether the F-22 program is to proceed
into a new phase or into a new administrative subdivision of a
phase.
(B) The criteria (known as ``exit criteria'') to be
applied, for purposes of making the event-based decision, in
determining whether the F-22 aircraft program has demonstrated
the specific progress necessary for proceeding into the new
phase or administrative subdivision of a phase.
(b) Report on Event-Based Decisions.--Not later than 30 days after
an event-based decision has been made for the F-22 aircraft program,
the Secretary of Defense shall submit to Congress a report on the
decision. The report shall include the following:
(1) A discussion of the commitments made, and the
commitments to be made, under the program as a result of the
decision.
(2) The exit criteria applied for purposes of the decision.
(3) How, in terms of the exit criteria, the program
demonstrated the specific progress justifying the decision.
SEC. 220. NONLETHAL WEAPONS AND TECHNOLOGIES PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 201(2), $15,000,000 shall be available for joint service
research, development, test, and evaluation of nonlethal weapons and
nonlethal technologies under the program element established pursuant
to subsection (b).
(b) New Program Element Required.--The Secretary of Defense shall
establish a new program element for the funds authorized to be
appropriated under subsection (a). The funds within that program
element shall be administered by the executive agent designated for
joint service research, development, test, and evaluation of nonlethal
weapons and nonlethal technologies.
(c) Limitation Pending Release of Funds.--(1) None of the funds
authorized to be appropriated for the Department of Defense for fiscal
year 1997 for foreign comparative testing (program element 605130D) may
be obligated until the funds authorized to be appropriated in section
219(d) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 223) are released for obligation by the
executive agent referred to in subsection (b).
(2) Not more than 50 percent of the funds authorized to be
appropriated for the Department of Defense for fiscal year 1997 for
NATO research and development (program element 603790D) may be
obligated until the funds authorized to be appropriated in subsection
(a) are released for obligation by the executive agent referred to in
subsection (b).
SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $176,200,000 shall be
available for the Counterproliferation Support Program, of which
$75,000,000 shall be available for a tactical antisatellite
technologies program.
(b) Additional Authority To Transfer Authorizations.--(1) In
addition to the transfer authority provided in section 1001, upon
determination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in this
division for fiscal year 1997 to counterproliferation programs,
projects, and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by section
1605 of the National Defense Authorization Act for Fiscal Year 1994 (22
U.S.C. 2751 note). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations transferred under the
authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the authority
of this subsection shall be deemed to increase the amount authorized
for the account to which the amount is transferred by an amount equal
to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress of
transfers made under the authority of this subsection.
(c) Limitation on Use of Funds for Technical Studies and Analyses
Pending Release of Funds.--(1) None of the funds authorized to be
appropriated to the Department of Defense for fiscal year 1997 for
program element 605104D, relating to technical studies and analyses,
may be obligated or expended until the funds referred to in paragraph
(2) have been released to the program manager of the tactical anti-
satellite technology program for implementation of that program.
(2) The funds for release referred to in paragraph (1) are as
follows:
(A) Funds authorized to be appropriated by section 218(a)
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 222) that are available for the
program referred to in paragraph (1).
(B) Funds authorized to be appropriated to the Department
for fiscal year 1997 by this Act for the Counterproliferation
Support Program that are to be made available for that program.
SEC. 222. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND
UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) Centers Covered.--Funds authorized to be appropriated for the
Department of Defense for fiscal year 1997 under section 201 may be
obligated to procure work from a federally funded research and
development center (in this section referred to as an ``FFRDC'') or a
university-affiliated research center (in this section referred to as a
``UARC'') only in the case of a center named in the report required by
subsection (b) and, in the case of such a center, only in an amount not
in excess of the amount of the proposed funding level set forth for
that center in such report.
(b) Report on Allocations for Centers.--(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing--
(A) the name of each FFRDC and UARC from which work is
proposed to be procured for the Department of Defense for
fiscal year 1997; and
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1997.
(2) The total of the proposed funding levels set forth in the
report for all FFRDCs and UARCs may not exceed the amount set forth in
subsection (d).
(c) Limitation Pending Submission of Report.--Not more than 15
percent of the funds authorized to be appropriated for the Department
of Defense for fiscal year 1997 for FFRDCs and UARCs under section 201
may be obligated to procure work from an FFRDC or UARC until the
Secretary of Defense submits the report required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated by
section 201, not more than a total of $1,668,850,000 may be obligated
to procure services from the FFRDCs and UARCs named in the report
required by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary of
Defense may waive the limitation regarding the maximum funding amount
that applies under subsection (a) to an FFRDC or UARC. Whenever the
Secretary proposes to make such a waiver, the Secretary shall submit to
the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives notice of the
proposed waiver and the reasons for the waiver. The waiver may then be
made only after the end of the 60-day period that begins on the date on
which the notice is submitted to those committees, unless the Secretary
determines that it is essential to the national security that funds be
obligated for work at that center in excess of that limitation before
the end of such period and notifies those committees of that
determination and the reasons for the determination.
SEC. 223. ADVANCED SUBMARINE TECHNOLOGIES.
(a) Amounts Authorized From Navy RDT&E Account.--Of the amount
authorized to be appropriated by section 201(2)--
(1) $489,443,000 is available for the design of the
submarine previously designated by the Navy as the New Attack
Submarine; and
(2) $100,000,000 is available to address the inclusion on
future nuclear attack submarines of core advanced technologies,
category I advanced technologies, and category II advanced
technologies, as such advanced technologies are identified by
the Secretary of Defense in Appendix C of the report of the
Secretary entitled ``Report on Nuclear Attack Submarine
Procurement and Submarine Technology'', submitted to Congress
on March 26, 1996.
(b) Certain Technologies To Be Emphasized.--In using funds made
available in accordance with subsection (a)(2), the Secretary of the
Navy shall emphasize research, development, test, and evaluation of the
technologies identified by the Submarine Technology Assessment Panel
(in the final report of the panel to the Assistant Secretary of the
Navy for Research, Development, and Acquisition, dated March 15, 1996)
as having the highest priority for initial investment.
(c) Shipyards Involved in Technology Development.--To further
implement the recommendations of the Submarine Technology Assessment
Panel, the Secretary of the Navy shall ensure that the shipyards
involved in the construction of nuclear attack submarines are also
principal participants in the process of developing advanced submarine
technologies and including the technologies in future submarine
designs. The Secretary shall ensure that those shipyards have access
for such purpose (under procedures prescribed by the Secretary) to the
Navy laboratories and the Office of Naval Intelligence and (in
accordance with arrangements to be made by the Secretary) to the
Defense Advanced Research Projects Agency.
(d) Funding for Contracts Under 1996 Agreement Among the Navy and
Shipyards.--In addition to the purposes of which the amount authorized
to be appropriated by section 201(2) are available under paragraphs (1)
and (2) of subsection (a), the amounts available under such paragraphs
are also available for contracts with Electric Boat Division and
Newport News Shipbuilding to carry out the provisions of the
``Memorandum of Agreement Among the Department of the Navy, Electric
Boat Corporation (EB), and Newport News Shipbuilding and Drydock
Company (NNS) Concerning the New Attack Submarine'', dated April 5,
1996, for research and development activities under that memorandum of
agreement.
SEC. 224. FUNDING FOR BASIC RESEARCH IN NUCLEAR SEISMIC MONITORING.
Of the amount authorized to be appropriated by section 201(3) and
made available for arms control implementation for the Air Force
(account PE0305145F), $6,500,000 shall be available for basic research
in nuclear seismic monitoring.
SEC. 225. CYCLONE CLASS CRAFT SELF-DEFENSE.
(a) Study Required.--Not later than March 31, 1997, the Secretary
of Defense shall--
(1) carry out a study of vessel self-defense options for
the Cyclone class patrol craft; and
(2) submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the results of the study.
(b) SOCOM Involvement.--The Secretary shall carry out the study
through the Commander of the Special Operations Command.
(c) Specific System To Be Evaluated.--The study under subsection
(a) shall include an evaluation of the BARAK ship self-defense missile
system.
SEC. 226. COMPUTER-ASSISTED EDUCATION AND TRAINING.
Of the amount authorized to be appropriated under section 201(4),
$10,000,000 shall be available under program element 0601103D for
computer-assisted education and training at the Defense Advanced
Research Projects Agency.
SEC. 227. SEAMLESS HIGH OFF-CHIP CONNECTIVITY.
Of the amount authorized to be appropriated by this Act, $7,000,000
shall be available for the Defense Advanced Research Projects Agency
for research and development on Seamless High Off-Chip Connectivity
(SHOCC) under the materials and electronic technology program (PE
0602712E).
SEC. 228. COST-BENEFIT ANALYSIS OF F/A-18E/F AIRCRAFT PROGRAM.
(a) Report on Program.--Not later than March 30, 1997, the
Secretary of Defense shall submit to the congressional defense
committees a report on the F/A-18E/F aircraft program.
(b) Content of Report.--The report shall contain the following:
(1) A review of the F/A-18E/F aircraft program.
(2) An analysis and estimate of the production costs of the
program for the total number of aircraft realistically expected
to be procured at each of three annual production rates as
follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the program
with the costs and benefits of the F/A-18C/D aircraft program
taking into account the operational combat effectiveness of the
aircraft.
(c) Limitation on Use of Funds Pending Transmittal of Report.--No
more than 90 percent of the funds authorized to be appropriated by this
Act may be obligated or expended for the procurement of F/A-18E/F
aircraft before the date that is 30 days after the date on which the
congressional defense committees receive the report required under
subsection (a).
SEC. 229. NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE
SYSTEM.
(a) Funds Available for Polar-Orbiting Operational Environmental
Satellite System.--Of the amount authorized to be appropriated under
section 201(3), $29,024,000 is available for the National Polar-
Orbiting Operational Environmental Satellite System (Space) program (PE
0603434F).
(b) Funds Available for Intercontinental Ballistic Missile.--Of the
amount authorized to be appropriated under section 201(3), $212,895,000
is available for the Intercontinental Ballistic Missile--EMD program
(PE 0604851F).
SEC. 230. SURGICAL STRIKE VEHICLE FOR USE AGAINST HARDENED AND DEEPLY
BURIED TARGETS.
(a) Amount Authorized.--Of the amount authorized to be appropriated
by section 201(4) for counterproliferation support program $3,000,000
shall be made available to the Air Combat Command for research and
development into the near-term development of a capability to defeat
hardened and deeply buried targets, including tunnels and deeply buried
facilities for the production and storage of chemical, biological, and
nuclear weapons and their delivery systems.
(b) Requirements.--Nothing in this section shall be construed as
precluding the application of the requirements of the Competition in
Contracting Act.
Subtitle C--Ballistic Missile Defense
SEC. 231. CONVERSION OF ABM TREATY TO MULTILATERAL TREATY.
(a) Fiscal Year 1997.--It is the sense of the Senate that during
fiscal year 1997, the United States shall not be bound by any
international agreement entered into by the President that would
substantively modify the ABM Treaty, including any agreement that would
add one or more countries as signatories to the treaty or would
otherwise convert the treaty from a bilateral treaty to a multilateral
treaty, unless the agreement is entered pursuant to the treaty making
power of the President under the Constitution.
(b) Relationship to Other Law.--This section shall not be construed
as superseding section 232 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701) for any
fiscal year other than fiscal year 1997, including any fiscal year
after fiscal year 1997.
SEC. 232. FUNDING FOR UPPER TIER THEATER MISSILE DEFENSE SYSTEMS.
(a) Funding.--Funds authorized to be appropriated under section
201(4) shall be available for purposes and in amounts as follows:
(1) For the Theater High Altitude Area Defense (THAAD)
System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide) system,
$304,171,000.
(b) Limitation.--None of the funds appropriated or otherwise made
available for the Department of Defense pursuant to this or any other
Act may be obligated or expended by the Office of the Under Secretary
of Defense for Acquisition and Technology for official representation
activities, or related activities, until the Secretary of Defense
certifies to Congress that--
(1) the Secretary has made available for obligation the
funds provided under subsection (a) for the purposes specified
in that subsection and in the amounts appropriated pursuant to
that subsection; and
(2) the Secretary has included the Navy Upper Tier theater
missile defense system in the theater missile defense core
program.
SEC. 233. ELIMINATION OF REQUIREMENTS FOR CERTAIN ITEMS TO BE INCLUDED
IN THE ANNUAL REPORT ON THE BALLISTIC MISSILE DEFENSE
PROGRAM.
Section 224(b) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note), is amended--
(1) by striking out paragraphs (3), (4), (7), (9), and
(10); and
(2) by redesignating paragraphs (5), (6), and (8), as
paragraphs (3), (4), and (5), respectively.
SEC. 234. ABM TREATY DEFINED.
In this subtitle, the term ``ABM Treaty'' means the Treaty Between
the United States of America and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missile Systems, signed
in Moscow on May 26, 1972, with related protocol, signed in Moscow on
July 3, 1974.
SEC. 235. SCORPIUS SPACE LAUNCH TECHNOLOGY PROGRAM.
Of the amount authorized to be appropriated under section 201(4)
for the Ballistic Missile Defense Organization for Support
Technologies/Follow-On Technologies (PE 63173C), up to $7,500,000 is
available for the Scorpius space launch technology program.
SEC. 236. CORPS SAM/MEADS PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated under
section 201(4)--
(1) $56,200,000 is available for the Corps surface-to-air
missile (SAM)/Medium Extended Air Defense System (MEADS)
program (PE63869C); and
(2) $515,711,000 is available for Other Theater Missile
Defense programs, projects, and activities (PE63872C).
(b) International Cooperation.--The Secretary of Defense may carry
out the program referred to in subsection (a) in accordance with the
memorandum of understanding entered into on May 25, 1996 by the
governments of the United States, Germany, and Italy regarding
international cooperation on such program (including any amendments to
the memorandum of understanding).
(c) Limitations.--Not more than $15,000,000 of the amount available
for the Corps SAM/MEADS program under subsection (a) may be obligated
until the Secretary of Defense submits to the congressional defense
committees the following:
(1) An initial program estimate for the Corps SAM/MEADS
program, including a tentative schedule of major milestones and
an estimate of the total program cost through initial
operational capability.
(2) A report on the options associated with the use of
existing systems, technologies, and program management
mechanisms to satisfy the requirement for the Corps surface-to-
air missile, including an assessment of cost and schedule
implications in relation to the program estimate submitted
under paragraph (1).
(3) A certification that there will be no increase in
overall United States funding commitment to the project
definition and validation phase of the Corps SAM/MEADS program
as a result of the withdrawal of France from participation in
the program.
SEC. 237. ANNUAL REPORT ON THREAT OF ATTACK BY BALLISTIC MISSILES
CARRYING NUCLEAR, CHEMICAL, OR BIOLOGICAL WARHEADS.
(a) Findings.--Congress makes the following findings:
(1) The worldwide proliferation of ballistic missiles is a
potential threat to the United States national interests
overseas and challenges United States defense planning.
(2) In the absence of a national missile defense, the
United States remains vulnerable to long-range missile threats.
(3) Russia has a ground-based missile defense system
deployed around Moscow.
(4) Several countries, including Iraq, Iran, and North
Korea may soon be technologically capable of threatening the
United States and Russia with ballistic missile attack.
(b) Report Required.--(1) Each year, the President shall submit to
Congress a report on the threats to the United States of attack by
ballistic missiles carrying nuclear, biological, or chemical warheads.
(2) The President shall submit the first report not later than 180
days after the date of the enactment of this Act.
(c) Content of Report.--The report shall contain the following:
(1) A list of all countries thought to have nuclear,
chemical, or biological weapons, the estimated numbers of such
weapons that each country has, and the destructive potential of
the weapons.
(2) A list of all countries thought to have ballistic
missiles, the estimated number of such missiles that each
country has, and an assessment of the ability of those
countries to integrate their ballistic missile capabilities
with their nuclear, chemical, or biological weapons
technologies.
(3) A comparison of the United States civil defense
capabilities with the civil defense capabilities of each
country that has nuclear, chemical, or biological weapons and
ballistic missiles capable of delivering such weapons.
(4) An estimate of the number of American fatalities and
injuries that could result, and an estimate of the value of
property that could be lost, from an attack on the United
States by ballistic missiles carrying nuclear, chemical, or
biological weapons if the United States were left undefended by
a national missile defense system covering all 50 States.
(5) Assuming the use of any existing theater ballistic
missile defense system for defense of the United States, a list
of the States that would be left exposed to nuclear ballistic
missile attacks and the criteria used to determine which States
would be left exposed.
(6) The means by which the United States is preparing to
defend itself against the potential threat of ballistic missile
attacks by North Korea, Iran, Iraq, and other countries
obtaining ballistic missiles capable of delivering nuclear,
chemical, and biological weapons in the near future.
(7) For each country that is capable of attacking the
United States with ballistic missiles carrying a nuclear,
biological, or chemical weapon, a comparison of--
(A) the vulnerability of the United States to such
an attack if theater missile defenses were used to
defend against the attack; and
(B) the vulnerability of the United States to such
an attack if a national missile defense were in place
to defend against the attack.
SEC. 238. AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
(a) Sense of the Senate.--It is the sense of the Senate that--
(1) the Air Force proposal for a Minuteman based national
missile defense system is an important national missile defense
option and is worthy of serious consideration; and
(2) the Secretary of Defense should give the Air Force
National Missile Defense Proposal full consideration.
(b) Report.--Not later than 120 days after the enactment of this
Act, the Secretary of Defense shall provide the congressional defense
committees a report on the following matters in relation to the Air
Force National Missile Defense Proposal:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to the Air Forces' plan.
(2) The Arms Control implications of such system.
(3) Growth potential to meet future threats.
(4) The Secretary's recommendation for improvements to the
Air Force's plan.
SEC. 239. EXTENSION OF PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING THEATER MISSILE
DEFENSE SYSTEMS.
Section 235(c) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 232) is amended in the matter
preceding paragraph (1) by inserting ``or 1997'' after ``fiscal year
1996''.
Subtitle D--Other Matters
SEC. 241. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense
may, in accordance with section 2366(c) of title 10, United States
Code, waive for the F-22 aircraft program the survivability tests
required by that section, notwithstanding that such program has entered
full-scale engineering development.
(b) Reporting Requirement.--(1) If the Secretary of Defense submits
in accordance with section 2366(c)(1) of title 10, United States Code,
a certification that live-fire testing of the F-22 aircraft would be
unreasonably expensive and impractical, the Secretary of Defense shall
require that F-22 aircraft components and subsystems be made available
for any alternative live-fire test program.
(2) The components and subsystem required by the Secretary to be
made available for such a program shall be components that--
(A) could affect the survivability of the F-22 aircraft;
and
(B) are sufficiently large and realistic that meaningful
conclusions about the survivability of F-22 aircraft can be
drawn from the test results.
(c) Funding.--Funds available for the F-22 aircraft program may be
used for carrying out any alternative live-fire testing program for F-
22 aircraft.
SEC. 242. LIVE-FIRE SURVIVABILITY TESTING OF V-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of Defense
may, in accordance with section 2366(c) of title 10, United States
Code, waive for the V-22 aircraft program the survivability tests
required by that section, notwithstanding that such program has entered
engineering and manufacturing development.
(b) Alternative Survivability Test Requirements.--If the Secretary
of Defense submits in accordance with section 2366(c)(1) of title 10,
United States Code, a certification that live-fire testing of the V-22
aircraft would be unreasonably expensive and impractical, the Secretary
of Defense shall require that a sufficient number of components
critical to the survivability of the V-22 aircraft be tested in an
alternative live-fire test program involving realistic threat
environments that meaningful conclusions about the survivability of V-
22 aircraft can be drawn from the test results.
(c) Funding.--Funds available for the V-22 aircraft program may be
used for carrying out any alternative live-fire testing program for V-
22 aircraft.
SEC. 243. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT PROGRAM.
Section 802(c) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1701; 10 U.S.C. 2358 note) is
amended by striking out ``fiscal years before the fiscal year in which
the institution submits a proposal'' and inserting in lieu thereof
``most recent fiscal years for which complete statistics are available
when proposals are requested''.
SEC. 244. DESALTING TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a cause of
future military conflicts in the Middle East and has a direct
impact on stability and security in the region.
(2) The Middle East is an area of vital and strategic
importance to the United States.
(3) The United States has played a military role in the
Middle East, most recently in the Persian Gulf War, and may
likely be called upon again to deter aggression in the region.
(4) United States troops have used desalting technologies
to guarantee the availability of fresh water in past
deployments in the Middle East.
(5) Adequate, efficient, and cheap access to high-quality
fresh water will be vital to maintaining the readiness and
sustainability of United States troops, and those of our
allies.
(b) Sense of Senate.--It is the sense of the Senate that, as
improved access to fresh water will be an important factor in helping
prevent future conflicts in the Middle East, the United States should,
in cooperation with its allies, promote and invest in technologies to
reduce the costs of converting saline water into fresh water.
(c) Funding for Research and Development.--Of the amounts
authorized to be appropriated by this title, the Secretary shall place
greater emphasis on making funds available for research and development
into efficient and economical processes and methods for converting
saline water into fresh water.
Subtitle E--National Oceanographic Partnership
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``National Oceanographic
Partnership Act''.
SEC. 252. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Program Required.--(1) Subtitle C of title 10, United States
Code, is amended by inserting after chapter 663 the following new
chapter:
``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Partnership program projects.
``Sec. 7901. National Oceanographic Partnership Program
``(a) Establishment.--The Secretary of the Navy shall establish a
program to be known as the `National Oceanographic Partnership
Program'.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality of
life, and strengthening science education and communication
through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) identifying and carrying out partnerships
among Federal agencies, institutions of higher
education, industry, and other members of the
oceanographic scientific community in the areas of
data, resources, education, and communication; and
``(B) reporting annually to Congress on the
program.
``(c) National Coastal Data Center.--(1) The Secretary of the Navy
shall establish a National Coastal Data Center at each of two
educational institutions that are either well-established oceanographic
institutes or graduate schools of oceanography. The Secretary shall
select for the center one institution located at or near the east coast
of the continental United States and one institution located at or near
the west coast of the continental United States.
``(2) The purpose of the center is to collect, maintain, and make
available for research and educational purposes information on coastal
oceanographic phenomena.
``(3) The Secretary shall complete the establishment of the
National Coastal Data Center not later than one year after the date of
the enactment of the National Defense Authorization Act for Fiscal Year
1997.
``Sec. 7902. National Ocean Research Leadership Council
``(a) Council.--There is a National Ocean Research Leadership
Council (hereinafter in this chapter referred to as the ``Council'').
``(b) Membership.--The Council is composed of the following
members:
``(1) The Secretary of the Navy who shall be the chairman
of the Council.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration, who shall be the vice chairman of
the Council.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The Commandant of the Coast Guard.
``(6) With their consent, the President of the National
Academy of Sciences, the President of the National Academy of
Engineering, and the President of the Institute of Medicine.
``(7) Up to five members appointed by the Chairman from
among individuals who will represent the views of ocean
industries, institutions of higher education, and State
governments.
``(c) Term of Office.--The term of office of a member of the
Council appointed under paragraph (7) of subsection (b) shall be two
years, except that any person appointed to fill a vacancy occurring
before the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
``(d) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
``(1) A description of activities of the program carried
out during the fiscal year before the fiscal year in which the
report is prepared. The description also shall include a list
of the members of the Ocean Research Partnership Coordinating
Group (established pursuant to subsection (e)), the Ocean
Research Advisory Panel (established pursuant to subsection
(f)), and any working groups in existence during the fiscal
year covered.
``(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
``(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
``(4) A description of the involvement of the program with
Federal interagency coordinating entities.
``(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the fiscal
year following the fiscal year in which the report is prepared,
for the programs, projects, and activities of the program and
the estimated expenditures under such programs, projects, and
activities during such following fiscal year.
``(e) Ocean Research Partnership Coordinating Group.--(1) The
Council shall establish an Ocean Research Partnership Coordinating
Group consisting of not more than 10 members appointed by the Council
from among officers and employees of the Government, persons employed
in the maritime industry, educators at institutions of higher
education, and officers and employees of State governments.
``(2) The Council shall designate a member of the Coordinating
Group to serve as Chairman of the group.
``(3) The Council shall assign to the Coordinating Group
responsibilities that the Council considers appropriate. The
Coordinating Group shall be subject to the authority, direction, and
control of the Council in the performance the assigned
responsibilities.
``(f) Ocean Research Advisory Panel.--(1) The Council shall
establish an Ocean Research Advisory Panel consisting of members
appointed by the Council from among persons eminent in the fields of
oceanography, ocean sciences, or marine policy (or related fields) who
are representative of the interests of governments, institutions of
higher education, and industry in the matters covered by the purposes
of the National Oceanographic Partnership Program (as set forth in
section 7901(b) of this title).
``(2) The Council shall assign to the Advisory Panel
responsibilities that the Council consider appropriate. The
Coordinating Group shall be subject the authority, direction, and
control of the Council to in the performance of the assigned
responsibilities.
``Sec. 7903. Partnership program projects
``(a) Selection of Partnership Projects.--The National Ocean
Research Leadership Council shall select the partnership projects that
are to be considered eligible for support under the National
Oceanographic Partnership Program. A project partnership may be
established by any instrument that the Council considers appropriate,
including a memorandum of understanding, a cooperative research and
development agreement, and any similar instrument.
``(b) Contract and Grant Authority.--(1) The Council may authorize
one or more of the departments and agencies of the Federal Government
represented on the Council to enter into contracts or to make grants
for the support of partnership projects selected under subsection (a).
``(2) Funds appropriated or otherwise made available for the
National Oceanographic Partnership Program may be used for contracts
entered into or grants awarded under authority provided pursuant to
paragraph (1).''.
(2) The table of chapters at the beginning of subtitle C of title
10, United States Code, and at the beginning of part IV of such
subtitle, are each amended by inserting after the item relating to
chapter 663 the following:
``665. National Oceanographic Partnership Program........... 7901''.
(b) Initial Appointments of Council Members.--The Chairman of the
National Ocean Research Leadership Council established under section
7902 of title 10, United States Code, as added by subsection (a)(1),
shall make the appointments required by subsection (b)(7) of such
section not later than December 1, 1996.
(c) First Annual Report of National Ocean Research Leadership
Council.--The first annual report required by section 7902(d) of title
10, United States Code, as added by subsection (a)(1), shall be
submitted to Congress not later than March 1, 1997. The first report
shall include, in addition to the information required by such section,
information about the terms of office, procedures, and responsibilities
of the Ocean Research Advisory Panel established by the Council.
(d) Funding.--Of the funds authorized to be appropriated by section
201(2), $13,000,000 shall be available for the National Oceanographic
Partnership Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Armed Forces 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, $18,147,623,000.
(2) For the Navy, $20,298,339,000.
(3) For the Marine Corps, $2,279,477,000.
(4) For the Air Force, $17,949,339,000.
(5) For Defense-wide activities, $9,863,942,000.
(6) For the Army Reserve, $1,094,436,000.
(7) For the Naval Reserve, $851,027,000.
(8) For the Marine Corps Reserve, $110,367,000.
(9) For the Air Force Reserve, $1,493,553,000.
(10) For the Army National Guard, $2,218,477,000.
(11) For the Air National Guard, $2,699,173,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
(14) For Environmental Restoration, Army, $356,916,000.
(15) For Environmental Restoration, Navy, $302,900,000.
(16) For Environmental Restoration, Air Force,
$414,700,000.
(17) For Environmental Restoration, Defense-wide,
$258,500,000.
(18) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $793,824,000.
(19) For Medical Programs, Defense, $9,375,988,000.
(20) For Cooperative Threat Reduction programs,
$327,900,000.
(21) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $49,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the use of the Armed Forces 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 Business Operations Fund, $947,900,000.
(2) For the National Defense Sealift Fund, $1,268,002,000.
SEC. 303. DEFENSE NUCLEAR AGENCY.
Of the amounts authorized to be appropriated for the Department of
Defense under section 301(5), $88,083,000 shall be available for the
Defense Nuclear Agency.
SEC. 304. TRANSFER FROM 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 1997 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.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
(a) Funding.--Of the amounts authorized to be appropriated pursuant
to this Act, $14,526,000 may be made available to the Civil Air Patrol
Corporation.
(b) Amount for Search and Rescue Operations.--Of the amount made
available pursuant to subsection (a), not more than 75 percent of such
amount may be available for costs other than the costs of search and
rescue missions.
SEC. 306. SR-71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section 301(4),
$30,000,000 is authorized to be made available for the SR-71
contingency reconnaissance force.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. FUNDING FOR SECOND AND THIRD MARITIME PREPOSITIONING SHIPS
OUT OF NATIONAL DEFENSE SEALIFT FUND.
(a) National Defense Sealift Fund.--To the extent provided in
appropriations Acts, funds in the National Defense Sealift Fund may be
obligated and expended for the purchase and conversion, or
construction, of a total of three ships for the purpose of enhancing
Marine Corps prepositioning ship squadrons.
(b) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 302(2), $240,000,000 is authorized to be
appropriated for the purpose stated in subsection (a).
SEC. 312. NATIONAL DEFENSE SEALIFT FUND.
Section 2218 of title 10, United States Code, is amended--
(1) in subsection (c)(1)(E), by striking out ``, but only
for vessels built in United States shipyards'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by striking out ``five'' and inserting
in lieu thereof ``ten''; and
(ii) by striking out ``(c)(1)'' and
inserting in lieu thereof ``(c)(1)(A)''; and
(B) in paragraph (2), by striking out ``(c)(1)''
and inserting in lieu thereof ``(c)(1)(A)''; and
(3) in subsection (j), by striking out ``(c)(1) (A), (B),
(C), and (D)'' and inserting in lieu thereof ``(c)(1) (A), (B),
(C), (D), and (E)''.
SEC. 313. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated under section 301,
$5,000,000 shall be available for the immediate procurement of
nonlethal weapons capabilities to meet existing deficiencies in
inventories of such capabilities, of which--
(1) $2,000,000 shall be available for the Army; and
(2) $3,000,000 shall be available for the Marine Corps.
SEC. 314. RESTRICTION ON COAST GUARD FUNDING.
No funds are authorized by this Act to be appropriated to the
Department of Defense for the Coast Guard within budget subfunction
054.
SEC. 315. OCEANOGRAPHIC SHIP OPERATIONS AND DATA ANALYSIS.
(a) Funds Authorized.--Of the funds provided by section 301(2), an
additional $6,200,000 may be authorized for the reduction, storage,
modeling and conversion of oceanographic data for use by the Navy,
consistent with Navy's requirements.
(b) Purpose.--Such funds identified in subsection (a) shall be in
addition to such amounts already provided for this purpose in the
budget request.
Subtitle C--Depot-Level Activities
SEC. 321. DEPARTMENT OF DEFENSE PERFORMANCE OF CORE LOGISTICS
FUNCTIONS.
Section 2464(a) of title 10, United States Code is amended by
striking out paragraph (2) and inserting in lieu thereof the following:
``(2) The Secretary of Defense shall maintain within the Department
of Defense those logistics activities and capabilities that are
necessary to provide the logistics capability described in paragraph
(1). The logistics activities and capabilities maintained under this
paragraph shall include all personnel, equipment, and facilities that
are necessary to maintain and repair the weapon systems and other
military equipment identified under paragraph (3).
``(3) The Secretary of Defense, in consultation with the Joint
Chiefs of Staff, shall identify the weapon systems and other military
equipment that it is necessary to maintain and repair within the
Department of Defense in order to maintain within the department the
capability described in paragraph (1).
``(4) The Secretary shall require that the core logistics functions
identified pursuant to paragraph (3) be performed in Government-owned,
Government-operated facilities of the Department of Defense by
Department of Defense personnel using Department of Defense
equipment.''.
SEC. 322. INCREASE IN PERCENTAGE LIMITATION ON CONTRACTOR PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.
(a) Fifty Percent Limitation.--Section 2466(a) of title 10, United
States Code, is amended by striking out ``40 percent'' in the first
sentence and inserting in lieu thereof ``50 percent''.
(b) Increase Delayed Pending Receipt of Strategic Plan for the
Performance of Depot-Level Maintenance and Repair.--(1) Notwithstanding
the first sentence of section 2466(a) of title 10, United States Code
(as amended by subsection (a)), until the strategic plan for the
performance of depot-level maintenance and repair is submitted under
section 325, not more than 40 percent of the funds made available in a
fiscal year to a military department or a Defense Agency for depot-
level maintenance and repair workload may be used to contract for the
performance by non-Federal Government personnel of such workload for
the military department or the Defense Agency.
(2) In paragraph (1), the term ``depot-level maintenance and repair
workload'' has the meaning given such term in section 2466(f) of title
10, United States Code.
SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
Subsection (e) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(e) Report.--(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for
each military department and Defense Agency--
``(A) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year for
performance of depot-level maintenance and repair workloads by
Federal Government personnel; and
``(B) the percentage of the funds referred to in subsection
(a) that were used during the preceding fiscal year to contract
for the performance of depot-level maintenance and repair
workloads by non-Federal Government personnel.
``(2) Not later than 90 days after the date on which the Secretary
submits the annual report under paragraph (1), the Comptroller General
shall submit to the Committees on Armed Services and on Appropriations
of the Senate and the Committees on National Security and on
Appropriations of the House of Representatives the Comptroller's views
on whether the Department of Defense has complied with the requirements
of subsection (a) for the fiscal year covered by the report.''.
SEC. 324. DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOAD DEFINED.
Section 2466 of title 10, United States Code, is amended by adding
at the end the following:
``(f) Depot-Level Maintenance and Repair Workload Defined.--In this
section, the term `depot-level maintenance and repair workload'--
``(1) means material maintenance requiring major overhaul
or complete rebuilding of parts, assemblies, or subassemblies,
and testing and reclamation of equipment as necessary,
including all aspects of software maintenance;
``(2) includes those portions of interim contractor
support, contractor logistics support, or any similar
contractor support for the performance of services described in
paragraph (1); and
``(3) does not include ship modernization and other repair
activities that--
``(A) are funded out of appropriations available to
the Department of Defense for procurement; and
``(B) were not considered to be depot-level
maintenance and repair workload activities under
regulations of the Department of Defense in effect on February 10,
1996.''.
SEC. 325. STRATEGIC PLAN RELATING TO DEPOT-LEVEL MAINTENANCE AND
REPAIR.
(a) Strategic Plan Required.--(1) As soon as possible after the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a strategic plan for the
performance of depot-level maintenance and repair.
(2) The strategic plan shall cover the performance of depot-level
maintenance and repair for the Department of Defense in fiscal years
1998 through 2007. The plan shall provide for maintaining the
capability described in section 2464 of title 10, United States Code.
(b) Additional Matters Covered.--The Secretary of Defense shall
include in the strategic plan submitted under subsection (a) a detailed
discussion of the following matters:
(1) For each military department, as determined after
consultation with the Secretary of that military department and
the Chairman of the Joint Chiefs of Staff, the depot-level
maintenance and repair activities and workloads that are
necessary to perform within the Department of Defense in order
to maintain the core logistics capability required by section
2464 of title 10, United States Code.
(2) For each military department, as determined after
consultation with the Secretary of that military department and
the Chairman of the Joint Chiefs of Staff, the depot-level
maintenance and repair activities and workloads that the
Secretary of Defense plans to perform within the Department of
Defense in order to satisfy the requirements of section 2466 of
title 10, United States Code.
(3) For the activities identified pursuant to paragraphs
(1) and (2), a discussion of which specific existing weapon
systems or other existing equipment, and which specific planned
weapon systems or other planned equipment, are weapon systems
or equipment for which it is necessary to maintain a core
depot-level maintenance and repair capability within the
Department of Defense.
(4) The core capabilities, including sufficient skilled
personnel, equipment, and facilities, that--
(A) are of sufficient size--
(i) to ensure a ready and controlled source
of the technical competencies, and the
maintenance and repair capabilities, that are
necessary to meet the requirements of the
national military strategy and other
requirements for responding to mobilizations
and military contingencies; and
(ii) to provide for rapid augmentation in
time of emergency; and
(B) are assigned a sufficient workload to ensure
cost efficiency and technical proficiency in peacetime.
(5) The environmental liability issues associated with any
projected privatization of the performance of depot-level
maintenance and repair, together with detailed projections of
the cost to the United States of satisfying environmental
liabilities associated with such privatized performance.
(6) Any significant issues and risks concerning exchange of
technical data on depot-level maintenance and repair between
the Federal Government and the private sector.
(7) Any deficiencies in Department of Defense financial
systems that hinder effective evaluation of competitions
(whether among private-sector sources or among depot-level
activities owned and operated by the Department of Defense and
private-sector sources), and merit-based selections (among
depot-level activities owned and operated by the Department of
Defense), for a depot-level maintenance and repair workload,
together with plans to correct such deficiencies.
(9) The type of facility (whether a private sector facility
or a Government owned and operated facility) in which depot-
level maintenance and repair of any new weapon systems that
will reach full scale development is to be performed.
(10) The workloads necessary to maintain Government owned
and operated depots at 50 percent, 70 percent, and 85 percent
of operating capacity.
(11) A plan for improving the productivity of the
Government owned and operated depot maintenance and repair
facilities, together with management plans for changing
administrative and missions processes to achieve productivity
gains, a discussion of any barriers to achieving desired
productivity gains at the depots, and any necessary changes in
civilian personnel policies that are necessary to improve
productivity.
(12) The criteria used to make decisions on whether to
convert to contractor performance of depot-level maintenance
and repair, the officials responsible for making the decision
to convert, and any depot-level maintenance and repair
workloads that are proposed to be converted to contractor
performance before the end of fiscal year 2001.
(13) A detailed analysis of savings proposed to be achieved
by contracting for the performance of depot-level maintenance
and repair workload by private sector sources, together with
the report on the review of the analysis (and the assumptions
underlying the analysis) provided for under subsection (c).
(c) Independent Review of Savings Analysis.--The Secretary shall
provide for a public accounting firm (independent of Department of
Defense influence) to review the analysis referred to in subsection
(b)(13) and the assumptions underlying the analysis for submission to
the committees referred to in subsection (a) and to the Comptroller
General.
(d) Review By Comptroller General.--(1) At the same time that the
Secretary of Defense transmits the strategic plan under subsection (a),
the Secretary shall transmit a copy of the plan (including the report
of the public accounting firm provided for under subsection (c)) to the
Comptroller General of the United States and make available to the
Comptroller General all information used by the Department of Defense
in preparing the plan and analysis.
(2) Not later than 60 days after the date on which the Secretary
submits the strategic plan required by subsection (a), the Comptroller
General shall transmit to Congress a report containing a detailed
analysis of the strategic plan.
(e) Additional Reporting Requirement for Comptroller General.--Not
later than February 1, 1997, the Comptroller General shall submit to
the committees referred to in subsection (a) a report on the
effectiveness of the oversight by the Department of Defense of the
management of existing contracts with private sector sources of depot-
level maintenance and repair of weapon systems, the adequacy of
Department of Defense financial and information systems to support
effective decisions to contract for private sector performance of
depot-level maintenance and repair workloads that are being or have
been performed by Government personnel, the status of reengineering
efforts at depots owned and operated by the United States, and any
overall management weaknesses within the Department of Defense that
would hinder effective use of contracting for the performance of depot-
level maintenance and repair.
SEC. 326. ANNUAL REPORT ON COMPETITIVE PROCEDURES.
(a) Annual Report.--Section 2469 of title 10, United States Code,
is amended by adding at the end the following:
``(d) Annual Report.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House of
Representatives a report describing the competitive procedures used
during the preceding fiscal year for competitions referred to in
subsection (a).''.
(b) First Report.--The first report under subsection (d) of section
2469 of title 10, United States Code (as added by subsection (a)),
shall be submitted not later than March 31, 1997.
SEC. 327. ANNUAL RISK ASSESSMENTS REGARDING PRIVATE PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE WORK.
(a) Reports.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2473. Reports on privatization of depot-level maintenance work
``(a) Annual Risk Assessments.--(1) Not later than January 1 of
each year, the Joint Chiefs of Staff shall submit to the Secretary of
Defense a report on the privatization of the performance of the various
depot-level maintenance workloads of the Department of Defense.
``(2) The report shall include with respect to each depot-level
maintenance workload the following:
``(A) An assessment of the risk to the readiness,
sustainability, and technology of the Armed Forces in a full
range of anticipated scenarios for peacetime and for wartime
of--
``(i) using public entities to perform the
workload;
``(ii) using private entities to perform the
workload; and
``(iii) using a combination of public entities and
private entities to perform the workload.
``(B) The recommendation of the Joint Chiefs as to whether
public entities, private entities, or a combination of public
entities and private entities could perform the workload
without jeopardizing military readiness.
``(3) Not later than 30 days after receiving the report under
paragraph (2)(B), the Secretary shall transmit the report to Congress.
If the Secretary does not concur in the recommendation made by the
Joint Chiefs pursuant to paragraph (2)(B), the Secretary shall include
in the report under this paragraph--
``(A) the recommendation of the Secretary; and
``(B) a justification for the differences between the
recommendation of the Joint Chiefs and the recommendation of
the Secretary.
``(b) Annual Report on Proposed Privatization.--(1) Not later than
February 28 of each year, the Joint Chiefs of Staff shall submit to the
Secretary of Defense a report on each depot-level maintenance workload
of the Department of Defense that the Joint Chiefs believe could be
converted to performance by private entities during the next fiscal
year without jeopardizing military readiness.
``(2) Not later than 30 days after receiving a report under
paragraph (1), the Secretary shall transmit the report to Congress. If
the Secretary does not concur in the proposal of the Joint Chiefs in
the report, the Secretary shall include in the report under this
paragraph--
``(A) each depot-level maintenance workload of the
Department that the Secretary proposes to be performed by
private entities during the fiscal year concerned; and
``(B) a justification for the differences between the
proposal of the Joint Chiefs and the proposal of the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2473. Reports on privatization of depot-level maintenance work.''.
SEC. 328. EXTENSION OF AUTHORITY FOR NAVAL SHIPYARDS AND AVIATION
DEPOTS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND
SERVICES.
(a) Extension of Authority.--Section 1425(e) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510) is
amended by striking out ``expires on September 30, 1995'' and inserting
in lieu thereof ``may not be exercised after September 30, 1997''.
(b) Revival of Expired Authority.--The authority provided in
section 1425 of the National Defense Authorization Act for Fiscal Year
1991 may be exercised after September 30, 1995, subject to the
limitation in subsection (e) of such section as amended by subsection
(a) of this section.
SEC. 329. LIMITATION ON USE OF FUNDS FOR F-18 AIRCRAFT DEPOT
MAINTENANCE.
Of the amounts authorized to be appropriated by section 301(2), not
more than $5,000,000 may be used for the performance of depot
maintenance on F-18 aircraft until 30 days after the date on which the
Secretary of Defense submits to the congressional defense committees a
report on aviation depot maintenance. The report shall contain the
following:
(1) The results of a competition which the Secretary shall
conduct between all Department of Defense aviation depots for
selection for the performance of depot maintenance on F-18
aircraft.
(2) An analysis of the total cost of transferring the F-18
aircraft depot maintenance workload to an aviation depot not
performing such workload as of the date of the enactment of
this Act.
SEC. 330. DEPOT MAINTENANCE AND REPAIR AT FACILITIES CLOSED BY BRAC.
The Secretary may not contract for the performance by a private
sector source of any of the depot maintenance workload performed as of
the date of the enactment of this Act at Sacramento Air Logistics
Center or the San Antonio Air Logistics Center until the Secretary--
(1) publishes criteria for the evaluation of bids and
proposals to perform such workload;
(2) conducts a competition for the workload between public
and private entities;
(3) pursuant to the competition, determines in accordance
with the criteria published under paragraph (1) that an offer
submitted by a private sector source to perform the workload is
the best value for the United States; and
(4) submits to Congress the following--
(A) a detailed comparison of the cost of the
performance of the workload by civilian employees of
the Department of Defense with the cost of the
performance of the workload by that source; and
(B) an analysis which demonstrates that the
performance of the workload by that source will provide
the best value for the United States over the life of
the contract.
Subtitle D--Environmental Provisions
SEC. 341. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORATION ACCOUNTS
FOR EACH MILITARY DEPARTMENT.
(a) Establishment.--(1) Section 2703 of title 10, United States
Code, is amended to read as follows:
``Sec. 2703. Environmental restoration accounts
``(a) Establishment of Accounts.--There are hereby established in
the Department of Defense the following accounts:
``(1) An account to be known as the `Defense Environmental
Restoration Account'.
``(2) An account to be known as the `Army Environmental
Restoration Account'.
``(3) An account to be known as the `Navy Environmental
Restoration Account'.
``(4) An account to be known as the `Air Force
Environmental Restoration Account'.
``(b) Obligation of Authorized Amounts.--Funds authorized for
deposit in an account under subsection (a) may be obligated or expended
from the account only in order to carry out the environmental
restoration functions of the Secretary of Defense and the Secretaries
of the military departments under this chapter and under any other
provision of law. Funds so authorized shall remain available until
expended.
``(c) Budget Reports.--In proposing the budget for any fiscal year
pursuant to section 1105 of title 31, the President shall set forth
separately the amounts requested for environmental restoration programs
of the Department of Defense and of each of the military departments
under this chapter and under any other Act.
``(d) Amounts Recovered.--The following amounts shall be credited
to the appropriate environmental restoration account:
``(1) Amounts recovered under CERCLA for response actions.
``(2) Any other amounts recovered from a contractor,
insurer, surety, or other person to reimburse the Department of
Defense or a military department for any expenditure for
environmental response activities.
``(e) Payments of Fines and Penalties.--None of the funds
appropriated to the Defense Environmental Restoration Account for
fiscal years 1995 through 1999, or to any environmental restoration
account of a military department for fiscal years 1997 through 1999,
may be used for the payment of a fine or penalty (including any
supplemental environmental project carried out as part of such penalty)
imposed against the Department of Defense or a military department
unless the act or omission for which the fine or penalty is imposed
arises out of an activity funded by the environmental restoration
account concerned and the payment of the fine or penalty has been
specifically authorized by law.''.
(2) The table of sections at the beginning of chapter 160 of title
10, United States Code, is amended by striking out the item relating to
section 2703 and inserting in lieu thereof the following new item:
``2703. Environmental restoration accounts.''.
(b) References.--Any reference to the Defense Environmental
Restoration Account in any Federal law, Executive Order, regulation,
delegation of authority, or document of or pertaining to the Department
of Defense shall be deemed to refer to the appropriate environmental
restoration account established under section 2703(a)(1) of title 10,
United States Code (as amended by subsection (a)(1)).
(c) Conforming Amendment.--Section 2705(g)(1) of title 10, United
States Code, is amended by striking out ``the Defense Environmental
Restoration Account'' and inserting in lieu thereof ``the environmental
restoration account concerned''.
(d) Treatment of Unobligated Balances.--Any unobligated balances
that remain in the Defense Environmental Restoration Account under
section 2703(a) of title 10, United States Code, as of the effective
date specified in subsection (e) shall be transferred on such date to
the Defense Environmental Restoration Account established under section
2703(a)(1) of title 10, United States Code (as amended by subsection
(a)(1)).
(e) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
SEC. 342. DEFENSE CONTRACTORS COVERED BY REQUIREMENT FOR REPORTS ON
CONTRACTOR REIMBURSEMENT COSTS FOR RESPONSE ACTIONS.
Section 2706(d)(1)(A) of title 10, United States Code, is amended
by striking out ``100'' and inserting in lieu thereof ``20''.
SEC. 343. REPEAL OF REDUNDANT NOTIFICATION AND CONSULTATION
REQUIREMENTS REGARDING REMEDIAL INVESTIGATIONS AND
FEASIBILITY STUDIES AT CERTAIN INSTALLATIONS TO BE CLOSED
UNDER THE BASE CLOSURE LAWS.
Section 334 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1340; 10 U.S.C. 2687
note) is repealed.
SEC. 344. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES.
(a) Authority.--The Secretary of Defense may pay to the Hazardous
Substance Superfund established under section 9507 of the Internal
Revenue Code of 1986 (26 U.S.C. 9507) stipulated civil penalties
assessed under CERCLA in amounts, and using funds, as follows:
(1) Using funds authorized to be appropriated to the Army
Environmental Restoration Account established under section
2703(a)(1)(B) of title 10, United States Code, as amended by
section 341 of this Act, $34,000 assessed against Fort Riley,
Kansas, under CERCLA.
(2) Using funds authorized to be appropriated to the Navy
Environmental Restoration Account established under section
2703(a)(1)(C) of that title, as so amended, $30,000 assessed
against the Naval Education and Training Center, Newport, Rhode
Island, under CERCLA.
(3) Using funds authorized to be appropriated to the Air
Force Environmental Restoration Account established under
section 2703(a)(1)(D) of that title, as so amended--
(A) $550,000 assessed against the Massachusetts
Military Reservation, Massachusetts, under CERCLA, of
which $500,000 shall be for the supplemental
environmental project for a groundwater modeling
project that constitutes a part of the negotiated
settlement of a penalty against the reservation; and
(B) $10,000 assessed against F.E. Warren Air Force
Base, Wyoming, under CERCLA.
(4) Using funds authorized to be appropriated to the
Department of Defense Base Closure Account 1990 by section
2406(a)(13) of this Act, $50,000 assessed against Loring Air
Force Base, Maine, under CERCLA.
(b) CERCLA Defined.--In this section, the term ``CERCLA'' means the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 345. AUTHORITY TO WITHHOLD LISTING OF FEDERAL FACILITIES ON
NATIONAL PRIORITIES LIST.
Section 120(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``Not later than 18 months after the
enactment of the Superfund Amendments and Reauthorization Act
of 1986, the Administrator'' and inserting the following:
``(1) In general.--The Administrator''; and
(3) by striking ``Such criteria'' and all that follows
through the end of the subsection and inserting the following:
``(2) Application of criteria.--
``(A) In general.--Subject to subparagraph (B), the
criteria referred to in paragraph (1) shall be applied
in the same manner as the criteria are applied to
facilities that are owned or operated by persons other
than the United States.
``(B) Response under other law.--That the head of
the department, agency, or instrumentality that owns or
operates a facility has arranged with the Administrator
or appropriate State authorities to respond
appropriately, under authority of a law other than this
Act, to a release or threatened release of a hazardous
substance shall be an appropriate factor to be taken
into consideration for the purposes of section
105(a)(8)(A).
``(3) Completion.--Evaluation and listing under this
subsection shall be completed in accordance with a reasonable
schedule established by the Administrator.''.
SEC. 346. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROPERTY BEFORE
COMPLETION OF REQUIRED REMEDIAL ACTIONS.
(a) In General.--Section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)) is amended--
(1) by redesignating subparagraph (A) as clause (i) and
clauses (i), (ii), and (iii) of that subparagraph as subclauses
(I), (II), and (III), respectively;
(2) by striking ``After the last day'' and inserting the
following:
``(A) In general.--After the last day'';
(3) by redesignating subparagraph (B) as clause (ii) and
clauses (i) and (ii) of that subparagraph as subclauses (I) and
(II), respectively;
(4) by redesignating subparagraph (C) as clause (iii);
(5) by striking ``For purposes of subparagraph (B)(i)'' and
inserting the following:
``(B) Covenant requirements.--For purposes of
subparagraphs (A)(ii)(I) and (C)(iii)'';
(6) in subparagraph (B), as designated by paragraph (5), by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)(ii)''; and
(7) by adding at the end the following:
``(C) Deferral.--
``(i) In general.--The Administrator (in
the case of real property at a Federal facility
that is listed on the National Priorities List)
or the Governor of the State in which the
facility is located (in the case of real
property at a Federal facility not listed on
the National Priorities List) may defer the
requirement of subparagraph (A)(ii)(I) with
respect to the property if the Administrator or
the Governor, as the case may be, determines
that--
``(I) the property is suitable for
transfer for the use intended by the
transferee;
``(II) the deed or other agreement
proposed to govern the transfer between
the United States and the transferee of
the property contains the assurances
set forth in clause (ii); and
``(III) the Federal agency
requesting deferral has provided
notice, by publication in a newspaper
of general circulation in the vicinity
of the property, of the proposed
transfer and of the opportunity for the
public to submit, within a period of
not less than 30 days after the date of
the notice, written comments on the
finding by the agency that the property
is suitable for transfer.
``(ii) Remedial action assurances.--With
regard to a release or threatened release of a
hazardous substance for which a Federal agency
is potentially responsible under this section,
the deed or other agreement proposed to govern
the transfer shall contain assurances that--
``(I) provide for any necessary
restrictions to ensure the protection
of human health and the environment;
``(II) provide that there will be
restrictions on use necessary to ensure
required remedial investigations,
remedial actions, and oversight
activities will not be disrupted;
``(III) provide that all
appropriate remedial action will be
taken and identify the schedules for
investigation and completion of all
necessary remedial action; and
``(IV) provide that the Federal
agency responsible for the property
subject to transfer will submit a
budget request to the Director of the
Office of Management and Budget that
adequately addresses schedules, subject
to congressional authorizations and
appropriations.
``(iii) Warranty.--When all remedial action
necessary to protect human health and the
environment with respect to any substance
remaining on the property on the date of
transfer has been taken, the United States
shall execute and deliver to the transferee an
appropriate document containing a warranty that
all such remedial action has been completed,
and the making of the warranty shall be
considered to satisfy the requirement of
subparagraph (A)(ii)(I).
``(iv) Federal responsibility.--A deferral
under this subparagraph shall not increase,
diminish, or affect in any manner any rights or
obligations of a Federal agency with respect to
a property transferred under this
subparagraph.''.
(b) Continued Application of State Law.--The first sentence of
section 120(a)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is
amended by inserting ``or facilities that are the subject of a deferral
under subsection (h)(3)(C)'' after ``United States''.
SEC. 347. CLARIFICATION OF MEANING OF UNCONTAMINATED PROPERTY FOR
PURPOSES OF TRANSFER BY THE UNITED STATES.
Section 120(h)(4)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)) is
amended in the first sentence by striking ``stored for one year or
more, known to have been released,'' and inserting ``known to have been
released''.
SEC. 348. SHIPBOARD SOLID WASTE CONTROL.
(a) In General.--Section 3(c) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902(c)) is amended--
(1) in paragraph (1), by striking ``Not later than'' and
inserting ``Except as provided in paragraphs (2) and (3), not
later than''; and
(2) by striking paragraphs (2), (3), and (4) and inserting
the following:
``(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special area
requirements of Regulation 5 of Annex V to the Convention, the
following non-plastic, non-floating garbage:
``(i) A slurry of seawater, paper, cardboard, or food waste
that is capable of passing through a screen with openings no
larger than 12 millimeters in diameter.
``(ii) Metal and glass that have been shredded and bagged
so as to ensure negative buoyancy.
``(B)(i) Garbage described subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
``(ii) Garbage described in subparagraph (A)(ii) may not be
discharged within 12 nautical miles of land.
``(C) This paragraph applies to any ship that is owned or operated
by the Department of the Navy that, as determined by the Secretary of
the Navy--
``(i) has unique military design, construction, manning, or
operating requirements; and
``(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex V to the Convention
because compliance is not technologically feasible or would
impair the operations or operational capability of the ship.
``(3)(A) Not later than December 31, 2000, the Secretary of the
Navy shall prescribe and publish in the Federal Register standards to
ensure that each ship described in subparagraph (B) is, to the maximum
extent practicable without impairing the operations or operational
capabilities of the ship, operated in a manner that is consistent with
the special area requirements of Regulation 5 of Annex V to the
Convention.
``(B) Subparagraph (A) applies to surface ships that are owned or
operated by the Department of the Navy that the Secretary plans to
decommission during the period beginning on January 1, 2001, and ending
on December 31, 2005.
``(C) At the same time that the Secretary publishes standards under
subparagraph (A), the Secretary shall publish in the Federal Register a
list of the ships covered by subparagraph (B).''.
(b) Sense of Congress.--
(1) Compliance with annex v.--It is the sense of Congress
that it should be an objective of the Navy to achieve full
compliance with Annex V to the Convention as part of the Navy's
development of ships that are environmentally sound.
(2) Definition.--In this subsection, the terms
``Convention'' and ``ship'' have the meanings provided in
section 2(a) of the Act to Prevent Pollution from Ships (33
U.S.C. 1901(a)).
(c) Report on Compliance with Annex V to the Convention.--The
Secretary of Defense shall include in each report on environmental
compliance activities submitted to Congress under section 2706(b) of
title 10, United States Code, the following information:
(1) A list of the ships types, if any, for which the
Secretary of the Navy has made the determination referred to in
paragraph (2)(C) of section 3(c) of the Act to Prevent
Pollution from Ships, as amended by subsection (a)(2) of this
section.
(2) A list of ship types which the Secretary of the Navy
has determined can comply with Regulation 5 of Annex V to the
Convention.
(3) A summary of the progress made by the Navy in
implementing the requirements of paragraphs (2) and (3) such
section 3(c), as so amended.
(4) A description of any emerging technologies offering the
potential to achieve full compliance with Regulation 5 of Annex
V to the Convention.
(d) Publication Regarding Special Area Discharges.--Section 3(e)(4)
of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(e)(4)) is
amended by striking out subparagraph (A) and inserting in lieu thereof
the following:
``(A) The amount and nature of the discharges in
special areas, not otherwise authorized under this
title, during the preceding year from ships referred to
in subsection (b)(1)(A) of this section owned or
operated by the Department of the Navy.''.
SEC. 349. COOPERATIVE AGREEMENTS FOR THE MANAGEMENT OF CULTURAL
RESOURCES ON MILITARY INSTALLATIONS.
(a) Authority To Enter Into Agreements.--Chapter 159 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2694. Cooperative agreements for management of cultural
resources on military installations
``(a) Authority To Enter Into Agreements.--The Secretary of Defense
and the Secretaries of the military departments may enter into
cooperative agreements with States, local governments, and appropriate
public and private entities in order to provide for the preservation,
management, maintenance, and rehabilitation of cultural resources on
military installations.
``(b) Inapplicability of Certain Federal Financial Management
Laws.--A cooperative agreement under subsection (a) shall not be
treated as a cooperative agreement for purposes of chapter 63 of title
31.
``(c) Limitation on Authority To Carry Out Agreements.--The
authority of the Secretary of Defense or the Secretary of a military
department to carry out an agreement entered into under subsection (a)
shall be subject to the availability of funds for that purpose.
``(d) Definition.--For purposes of this section, the term `cultural
resource' means any of the following:
``(1) A building, structure, site, district, or object
eligible for or included in the National Register of Historic
Places maintained under section 101(a) of the National Historic
Preservation Act (16 U.S.C. 470a(a)).
``(2) A cultural item as that term is defined in section
2(3) of the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001(3)).
``(3) An archaeological resource as that term is defined in
section 3(1) of the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470bb(1)).
``(4) An archaeological artifact collection and associated
records covered by section 79 of title 36, Code of Federal
Regulations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2694. Cooperative agreements for management of cultural resources on
military installations.''.
SEC. 350. REPORT ON WITHDRAWAL OF PUBLIC LANDS AT EL CENTRO NAVAL AIR
FACILITY, CALIFORNIA.
(a) Report.--Not later than March 15, 1997, the Secretary of
Defense, acting through the Deputy Under Secretary of Defense for
Environmental Security, shall submit to the congressional defense
committees a report that assesses the effects of the proposed
withdrawal of public lands at El Centro Naval Air Facility, California,
on the operational and training requirements of the Department of
Defense at that facility.
(b) Report Elements.--The report under subsection (a) shall--
(1) describe in detail the operational and training
requirements of the Department of Defense at El Centro Naval
Air Facility;
(2) assess the effects of the proposed withdrawal on such
operational and training requirements;
(3) describe the relationship, if any, of the proposed
withdrawal to the withdrawal of other public lands under the
California Desert Protection Act of 1994 (Public Law 103-433);
(4) assess the additional responsibilities, if any, of the
Navy for land management at the facility as a result of the
proposed withdrawal; and
(5) assess the costs, if any, to the Navy resulting from
the proposed withdrawal.
SEC. 351. USE OF HUNTING AND FISHING PERMIT FEES COLLECTED AT CLOSED
MILITARY RESERVATIONS.
Subparagraph (B) of section 101(b)(4) of the Act of September 15,
1960 (commonly known as the ``Sikes Act''; 16 U.S.C. 670a(b)(4)), is
amended to read as follows:
``(B) the fees collected under this paragraph--
``(i) shall be expended at the military
reservation with respect to which collected; or
``(ii) if collected with respect to a
military reservation that is closed, shall be
available for expenditure at any other military
reservation for purposes of the protection,
conservation, and management of fish and
wildlife at such reservation.''.
SEC. 352. AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR SERVICES
UNDER ENVIRONMENTAL RESTORATION PROGRAM.
Section 2701(d) of title 10, United States Code, is amended--
(1) in the first sentence of paragraph (1), by striking out
``, or with any State or local government agency,'' and
inserting in lieu thereof ``, with any State or local
government agency, or with any Indian tribe,''; and
(2) by adding at the end the following:
``(3) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 101(36) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).''.
Subtitle E--Other Matters
SEC. 361. FIREFIGHTING AND SECURITY-GUARD FUNCTIONS AT FACILITIES
LEASED BY THE GOVERNMENT.
Section 2465(b) of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following:
``(4) to a contract to be carried out at a private facility
at which a Federal Government activity is located pursuant to a
lease of the facility to the Government.''.
SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.
(a) Authority.--Chapter 31 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 520c. Authorized use of recruiting funds
``(a) Meals and Refreshments.--Under regulations prescribed by the
Secretary concerned, funds appropriated to the Department of Defense
for recruitment of military personnel may be expended for small meals
and refreshments that are provided in the performance of personnel
recruiting functions of the armed forces to--
``(1) persons who have enlisted under the Delayed Entry
Program authorized by section 513 of this title;
``(2) persons who are objects of armed forces recruiting
efforts;
``(3) influential persons in communities when assisting the
military departments in recruiting efforts;
``(4) members of the armed forces and Federal Government
employees when attending recruiting events in accordance with a
requirement to do so; and
``(5) other persons when contributing to recruiting efforts
by attending recruiting events.
``(b) Annual Report.--Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report on the extent to
which the authority under subsection (a) was exercised during the
fiscal year ending in the preceding year.
``(c) Termination of Authority.--(1) The authority in subsection
(a) may not be exercised after September 30, 2001.
``(2) No report is required under subsection (b) after 2002.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``520c. Authorized use of recruiting funds.''.
SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL ITEMS FOR
RESALE IN COMMISSARY STORES.
(a) Clarification of Exception to Competitive Procurement.--Section
2486 of title 10, United States Code, is amended by adding at the end
the following:
``(e) The Secretary of Defense may not, under the exception
provided in section 2304(c)(5) of this title, use procedures other than
competitive procedures for the procurement of a brand-name commercial
item for resale in commissary stores unless the commercial item is
regularly sold outside of commissary stores under the same brand name
as the commercial item will be sold in commissary stores.''.
(b) Effect on Existing Contracts.--The amendment made by subsection
(a) shall not affect the terms, conditions, or duration of any contract
entered into by the Secretary of Defense before the date of the
enactment of this Act for the procurement of commercial items for
resale in commissary stores.
SEC. 364. ADMINISTRATION OF MIDSHIPMEN'S STORE AND OTHER NAVAL ACADEMY
SUPPORT ACTIVITIES AS NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) In General.--(1) Chapter 603 of title 10, United States Code,
is amended by striking out sections 6970 and 6971 and inserting in lieu
thereof the following new section:
``Sec. 6970. Midshipmen's store and Naval Academy shops, laundry, and
dairy: nonappropriated fund accounts
``(a) In General.--Under regulations prescribed by the Secretary of
the Navy, the Superintendent of the Naval Academy shall administer a
nonappropriated fund account for each of the Academy activities
referred to in subsection (b).
``(b) Activities.--Subsection (a) applies to the following Academy
activities:
``(1) The midshipmen's store.
``(2) The barber shop.
``(3) The cobbler shop.
``(4) The tailor shop.
``(5) The dairy.
``(6) The laundry.
``(c) Crediting of Revenue.--The Superintendent shall credit to
each account administered with respect to an activity under subsection
(a) all revenue received from the activity.''.
(2) The table of sections at the beginning of such chapter is
amended by striking out the items relating to sections 6970 and 6971
and inserting in lieu thereof the following new item:
``6970. Midshipmen's store and Naval Academy shops, laundry, and dairy:
nonappropriated fund accounts.''.
(b) Employment Status of Employees of Activities.--Section 2105 of
title 5, United States Code, is amended by striking out subsection (b).
SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION OF THE
PRESIDENT.
(a) In General.--Section 2543 of title 10, United States Code, is
amended to read to read as follows:
``Sec. 2543. Equipment and services: Presidential inaugural committees
``(a) Assistance Authorized.--The Secretary of Defense may provide
the assistance referred to in subsection (b) to the following
committees:
``(1) An Inaugural Committee established under the first
section of the Presidential Inaugural Ceremonies Act (36 U.S.C.
721).
``(2) A joint committee of the Senate and House of
Representatives appointed under section 9 of that Act (36
U.S.C. 729).
``(b) Assistance.--The following assistance may be provided under
subsection (a):
``(1) Planning and carrying out activities relating to
security and safety.
``(2) Planning and carrying out ceremonial activities.
``(3) Loan of property.
``(4) Any other assistance that the Secretary considers
appropriate.
``(c) Reimbursement.--(1) An inaugural committee referred to in
subsection (a)(1) shall reimburse the Secretary for any costs incurred
in connection with the provision to the committee of assistance
referred to in subsection (b)(4).
``(2) Costs reimbursed under paragraph (1) shall be credited to the
appropriations from which the costs were paid. The amount credited to
an appropriation shall be proportionate to the amount of the costs
charged to that appropriation.
``(d) Loaned Property.--(1) Property loaned for a presidential
inauguration under subsection (b)(3) shall be returned within nine days
after the date of the ceremony inaugurating the President.
``(2) An inaugural committee referred to in subsection (a)(1) shall
give good and sufficient bond for the return in good order and
condition of property loaned to the committee under subsection (b)(3).
``(3) An inaugural committee referred to in subsection (a)(1)
shall--
``(A) indemnify the United States for any loss of, or
damage to, property loaned to the committee under subsection
(b)(3); and
``(B) defray any expense incurred for the delivery, return,
rehabilitation, replacement, or operation of the property.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 152 of such title is amended by striking out
the item relating to section 2543 and inserting in lieu thereof the
following:
``2543. Equipment and services: Presidential inaugural committees.''.
SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS.
(a) Security and Safety Assistance.--At the request of a Federal,
State, or local government agency responsible for providing law
enforcement services, security services, or safety services, the
Secretary of Defense may authorize the commander of a military
installation or other facility of the Department of Defense or the
commander of a specified or unified combatant command to provide
assistance for the World Cup Soccer Games, the Goodwill Games, the
Olympics, and any other civilian sporting event in support of essential
security and safety at such event, but only if the Attorney General
certifies that such assistance is necessary to meet essential security
and safety needs.
(b) Other Assistance.--The Secretary may authorize a commander
referred to in subsection (a) to provide assistance for a sporting
event referred to in that subsection in support of other needs relating
to such event, but only--
(1) to the extent that such needs cannot reasonably be met
by a source other than the Department;
(2) to the extent that the provision of such assistance
does not adversely affect the military preparedness of the
Armed Forces; and
(3) if the organization requesting such assistance agrees
to reimburse the Department for amounts expended by the
Department in providing the assistance in accordance with the
provisions of section 377 of title 10, United States Code, and
other applicable provisions of law.
(c) Inapplicability to Certain Events.--Subsections (a) and (b) do
not apply to the following sporting events:
(1) Sporting events for which funds have been appropriated
before the date of the enactment of this Act.
(2) The Special Olympics.
(3) The Paralympics.
(d) Terms and Conditions.--The Secretary may require such terms and
conditions in connection with the provision of assistance under this
section as the Secretary considers necessary and appropriate to protect
the interests of the United States.
(e) Report on Assistance.--Not later than January 30 of each year
following a year in which the Secretary provides assistance under this
section, the Secretary shall submit to the congressional defense
committees a report on the assistance provided. The report shall set
forth--
(1) a description of the assistance provided;
(2) the amount expended by the Department in providing the
assistance;
(3) if the assistance was provided under subsection (a),
the certification of the Attorney General with respect to the
assistance under that subsection; and
(4) if the assistance was provided under subsection (b)--
(A) an explanation why the assistance could not
reasonably be met by a source other than the
Department; and
(B) the amount the Department was reimbursed under
that subsection.
(f) Relationship to Other Laws.--Assistance provided under this
section shall be subject to the provisions of sections 375 and 376 of
title 10, United States Code.
SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND ACCOUNTING
SERVICE CENTER, FORT BENJAMIN HARRISON, INDIANA.
(a) Transfer Authority.--Subject to subsection (b), the Secretary
of Defense may transfer funds available to the Department of Defense
for the Defense Finance and Accounting Service for a fiscal year for
operation and maintenance to the Administrator of General Services for
paying the costs of planning, design, and renovation of Building One,
Fort Benjamin Harrison, Indiana, for use as a Defense Finance and
Accounting Service Center.
(b) Authority Subject to Authorizations and Appropriations.--To the
extent provided in appropriations Acts--
(1) of funds appropriated for fiscal year 1997, $9,000,000
may be transferred pursuant to subsection (a); and
(2) of funds appropriated for fiscal years 1998, 1999,
2000, and 2001, funds may be transferred pursuant to subsection
(a) in such amounts as are authorized to be transferred in an
Act enacted after the date of the enactment of this Act.
SEC. 368. COMPUTER EMERGENCY RESPONSE TEAM AT SOFTWARE ENGINEERING
INSTITUTE.
(a) Funding.--Of the amounts authorized to be appropriated under
this Act, $2,000,000 shall be available to the Software Engineering
Institute only for use by the Computer Emergency Response Team.
(b) Challenge Athena Program.--Funds authorized by section 301(2)
for the Challenge Athena program shall be reduced by $2,000,000.
SEC. 369. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF CIVILIAN
STUDENTS AT FOREIGN LANGUAGE INSTITUTE OF THE DEFENSE
LANGUAGE INSTITUTE.
Section 559(a)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2776; 10 U.S.C. 4411
note) is amended by striking out ``on a cost-reimbursable, space-
available basis'' and inserting in lieu thereof ``on a space-available
basis and for such reimbursement (whether in whole or in part) as the
Secretary considers appropriate''.
SEC. 370. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN SERVICES
AT LINCOLN MUNICIPAL AIRPORT, LINCOLN, NEBRASKA.
(a) Authority.--Subject to subsections (b) and (c), the Nebraska
Air National Guard may provide fire protection services and rescue
services relating to aircraft at Lincoln Municipal Airport, Lincoln,
Nebraska, on behalf of the Lincoln Municipal Airport Authority,
Lincoln, Nebraska.
(b) Agreement.--The Nebraska Air National Guard may not provide
services under subsection (a) until the Nebraska Air National Guard and
the authority enter into an agreement under which the authority
reimburses the Nebraska Air National Guard for the cost of the services
provided.
(c) Conditions.--These services may only be provided to the extent
that the provision of such services does not adversely affect the
military preparedness of the Armed Forces.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1997, as follows:
(1) The Army, 495,000, of which not more than 80,300 may be
commissioned officers.
(2) The Navy, 407,318, of which not more than 56,165 may be
commissioned officers.
(3) The Marine Corps, 174,000, of which not more than
17,978 may be commissioned officers.
(4) The Air Force, 381,222, of which not more than 74,445
may be commissioned officers.
SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMANENT END STRENGTH
LEVELS.
Section 691(d) of title 10, United States Code, is amended by
striking out ``not more than 0.5 percent'' and inserting in lieu
thereof ``not more than 5 percent''.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS IN GRADES O-4,
O-5, AND O-6.
(a) Army, Air Force, and Marine Corps.--The table in section
523(a)(1) of title 10, United States Code, is amended to read as
follows:
------------------------------------------------------------------------
Number of officers who may be serving
``Total number of commissioned on active duty in the grade of:
officers (excluding officers in ---------------------------------------
categories specified in Lieutenant
subsection (b)) on active duty: Major Colonel Colonel
------------------------------------------------------------------------
Army:
20,000........................ 6,848 5,253 1,613
25,000........................ 7,539 5,642 1,796
30,000........................ 8,231 6,030 1,980
35,000........................ 8,922 6,419 2,163
40,000........................ 9,614 6,807 2,347
45,000........................ 10,305 7,196 2,530
50,000........................ 10,997 7,584 2,713
55,000........................ 11,688 7,973 2,897
60,000........................ 12,380 8,361 3,080
65,000........................ 13,071 8,750 3,264
70,000........................ 13,763 9,138 3,447
75,000........................ 14,454 9,527 3,631
80,000........................ 15,146 9,915 3,814
85,000........................ 15,837 10,304 3,997
90,000........................ 16,529 10,692 4,181
95,000........................ 17,220 11,081 4,364
100,000....................... 17,912 11,469 4,548
110,000....................... 19,295 12,246 4,915
120,000....................... 20,678 13,023 5,281
130,000....................... 22,061 13,800 5,648
170,000....................... 27,593 16,908 7,116
Air Force:
35,000........................ 9,216 7,090 2,125
40,000........................ 10,025 7,478 2,306
45,000........................ 10,835 7,866 2,487
50,000........................ 11,645 8,253 2,668
55,000........................ 12,454 8,641 2,849
60,000........................ 13,264 9,029 3,030
65,000........................ 14,073 9,417 3,211
70,000........................ 14,883 9,805 3,392
75,000........................ 15,693 10,193 3,573
80,000........................ 16,502 10,582 3,754
85,000........................ 17,312 10,971 3,935
90,000........................ 18,121 11,360 4,115
95,000........................ 18,931 11,749 4,296
100,000....................... 19,741 12,138 4,477
105,000....................... 20,550 12,527 4,658
110,000....................... 21,360 12,915 4,838
115,000....................... 22,169 13,304 5,019
120,000....................... 22,979 13,692 5,200
125,000....................... 23,789 14,081 5,381
Marine Corps:
10,000........................ 2,525 1,480 571
12,500........................ 2,900 1,600 592
15,000........................ 3,275 1,720 613
17,500........................ 3,650 1,840 633
20,000........................ 4,025 1,960 654
22,500........................ 4,400 2,080 675
25,000........................ 4,775 2,200 695''.
------------------------------------------------------------------------
(b) Navy.--The table in section 523(a)(2) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Number of officers who may be serving
``Total number of commissioned on active duty in grade of:
officers (excluding officers in ----------------------------------------
categories specified in Lieutenant
subsection (b)) on active duty: Commander Commander Captain
------------------------------------------------------------------------
Navy:
30,000....................... 7,331 5,018 2,116
33,000....................... 7,799 5,239 2,223
36,000....................... 8,267 5,460 2,330
39,000....................... 8,735 5,681 2,437
42,000....................... 9,203 5,902 2,544
45,000....................... 9,671 6,123 2,651
48,000....................... 10,139 6,343 2,758
51,000....................... 10,606 6,561 2,864
54,000....................... 11,074 6,782 2,971
57,000....................... 11,541 7,002 3,078
60,000....................... 12,009 7,222 3,185
63,000....................... 12,476 7,441 3,292
66,000....................... 12,944 7,661 3,398
70,000....................... 13,567 7,954 3,541
90,000....................... 16,683 9,419 4,254''.
------------------------------------------------------------------------
(c) Repeal of Temporary Authority for Variations in End
Strengths.--The following provisions of law are repealed:
(1) Section 402 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1639; 10
U.S.C. 523 note).
(2) Section 402 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2743; 10
U.S.C. 523 note).
(3) Section 402 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 286; 10
U.S.C. 523 note).
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on September 1, 1997.
SEC. 404. EXTENSION OF REQUIREMENT FOR RECOMMENDATIONS REGARDING
APPOINTMENTS TO JOINT 4-STAR OFFICER POSITIONS.
Section 604(c) of title 10, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu thereof
``September 30, 2000''.
SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE
DUTY IN THE MARINE CORPS.
Section 526(a)(4) of title 10, United States Code, is amended by
striking out ``68'' and inserting in lieu thereof ``80''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 1997, as follows:
(1) The Army National Guard of the United States, 366,758.
(2) The Army Reserve, 214,925.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,904.
(6) The Air Force Reserve, 73,281.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component for a fiscal year
shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1997, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,475.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413. PERSONNEL MANAGEMENT RELATING TO ASSIGNMENT TO SERVICE IN THE
SELECTIVE SERVICE SYSTEM.
Section 10 of the Military Selective Service Act (50 U.S.C. App.
460) is amended--
(1) in subsection (b)(2), by inserting ``, subject to
subsection (e),'' after ``to employ such number of civilians,
and''; and
(2) by inserting after subsection (d) the following:
``(e)(1) The number of armed forces personnel assigned to the
Selective Service System under subsection (b)(2) may not exceed 745,
except in a time of war declared by Congress or national emergency
declared by Congress or the President.
``(2) Members of the Selected Reserve assigned to the Selective
Service System under subsection (b)(2) shall not be counted for
purposes of any limitation on the authorized strength of Selected
Reserve personnel of the reserve components under any law authorizing
the end strength of such personnel.''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1997 a total of
$69,880,430,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1997.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN
NAVY LIEUTENANTS WITH CRITICAL SKILLS.
Section 5721(g) of title 10, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR APPOINTMENT
IN THE NAVAL RESERVE IN GRADES ABOVE O-2.
Section 12205(b)(3) of title 10, United States Code, is amended by
inserting ``or the Seaman to Admiral program'' after ``(NAVCAD)
program''.
SEC. 503. TIME FOR AWARD OF DEGREES BY UNACCREDITED EDUCATIONAL
INSTITUTIONS FOR GRADUATES TO BE CONSIDERED EDUCATIONALLY
QUALIFIED FOR APPOINTMENT AS RESERVE OFFICERS IN GRADE O-
3.
Section 12205(c)(2)(C) of title 10, United States Code, is amended
by striking out ``three years'' and inserting in lieu thereof ``eight
years''.
SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.
(a) Reduction of Minimum Time in Grade Required for Consideration
for Promotion.--Section 574(e) of title 10, United States Code, is
amended by striking out ``three years of service'' and inserting in
lieu thereof ``two years of service''.
(b) Below-Zone Selection.--Section 575(b)(1) of such title is
amended by inserting ``chief warrant officer, W-3,'' in the first
sentence after ``to consider warrant officers for selection for
promotion to the grade of''.
SEC. 505. FREQUENCY OF PERIODIC REPORT ON PROMOTION RATES OF OFFICERS
CURRENTLY OR FORMERLY SERVING IN JOINT DUTY ASSIGNMENTS.
Section 662(b) of title 10, United States Code, is amended by
striking out ``not less often than every six months'' in the
parenthetical in the first sentence and inserting in lieu thereof ``not
less often than every twelve months''.
SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.
Section 5022(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Unless appointed to higher grade under another provision of
law, an officer, while serving in the Office of Naval Research as Chief
of Naval Research, has the rank of rear admiral (upper half).''.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND MIDSHIPMEN IN
SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) Amendments to Title 10.--(1) Section 2106(c) of title 10,
United States Code, is amended by striking out ``while serving on
active duty other than for training after July 31, 1990, while a member
of the Selected Reserve'' and inserting in lieu thereof ``performed on
or after August 1, 1979, as a member of the Selected Reserve''.
(2) Section 2107(g) of such title is amended by striking out
``while serving on active duty other than for training after July 31,
1990, while a member of the Selected Reserve'' and inserting in lieu
thereof ``performed on or after August 1, 1979, as a member of the
Selected Reserve''.
(3) Section 2107a(g) of such title is amended by inserting ``,
other than enlisted service performed after August 1, 1979, as a member
of Selected Reserve'' after ``service as a cadet or with concurrent
enlisted service''.
(b) Amendment to Title 37.--Section 205(d) of title 37, United
States Code, is amended by striking out ``that service after July 31,
1990, that the officer performed while serving on active duty'' and
inserting in lieu thereof ``for service that the officer performed on
or after August 1, 1979.''.
(c) Benefits Not To Accrue for Prior Periods.--No increase in pay
or retired or retainer pay shall accrue for periods before the date of
the enactment of this Act by reason of the amendments made by this
section.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STATUS.
Section 101(d)(4) of title 10, United States Code, is amended by
striking out ``a reserve commissioned officer, other than a
commissioned warrant officer,'' and inserting in lieu thereof the
following: ``a member of a reserve component''.
SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL MANAGEMENT ACT
PROVISIONS.
(a) Service Requirement for Retirement in Highest Grade Held.--
Section 1370(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2)(A), by striking out ``(A)'';
(3) by redesignating paragraph (2)(B) as paragraph (3); and
(4) in paragraph (3), as so redesignated--
(A) by designating the first sentence as
subparagraph (A);
(B) by designating the second sentence as
subparagraph (B) and realigning such subparagraph, as
so redesignated, flush to the left margin;
(C) in subparagraph (B), as so redesignated, by
striking out ``the preceding sentence'' and inserting
in lieu thereof ``subparagraph (A)''; and
(D) by adding at the end the following:
``(C) If a person covered by subparagraph (A) has completed at
least six months of satisfactory service in grade, the person was
serving in that grade while serving in a position of adjutant general
required under section 314 of title 32 or while serving in a position
of assistant adjutant general subordinate to such a position of
adjutant general, and the person has failed to complete three years of
service in that grade solely because the person's appointment to such
position has been terminated or vacated as described in section 324(b)
of such title, then such person may be credited with satisfactory
service in that grade, notwithstanding the failure to complete three
years of service in that grade.
``(D) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been recommended for
promotion in a report of a promotion board but before being promoted to
the recommended grade, served in a position for which that grade is the
minimum authorized grade may be credited for purposes of subparagraph
(A) as having served in that grade for the period for which the person
served in that position while in the next lower grade. The period
credited may not include any period before the date on which the Senate
provides advice and consent for the appointment of that person in the
recommended grade.
``(E) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been extended
temporary Federal recognition as a reserve officer of the Army National
Guard in a particular grade under section 308 of title 32 or temporary
Federal recognition as a reserve officer of the Air National Guard in a
particular grade under such section, served in a position for which
that grade is the minimum authorized grade may be credited for purposes
of subparagraph (A) as having served in that grade for the period for
which the person served in that position while extended the temporary
Federal recognition, but only if the person was subsequently extended
permanent Federal recognition as a reserve officer in that grade and
also served in that position after being extended the permanent Federal
recognition.''.
(b) Exception to Requirement for Retention of Reserve Officers
Until Completion of Required Service.--Section 12645(b)(2) of such
title is amended by inserting ``or a reserve active-status list'' after
``active-duty list''.
(c) Technical Correction.--Section 14314(b)(2)(B) of such title is
amended by striking out ``of the Air Force''.
SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMINATIONS OF MEMBERS OF
NATIONAL GUARD CALLED INTO FEDERAL SERVICE.
(a) Repeal.--Section 12408 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 is amended by striking out the item relating to section
12408.
SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE RETIREMENT
SANCTUARY.
Section 12686 of title 10, United States Code, is amended--
(1) by inserting ``(a) Limitation.--'' before ``Under
regulations''; and
(2) by adding at the end the following new subsection:
``(b) Waiver.--(1) The Secretary concerned may authorize a member
described in paragraph (2) to waive the applicability of the limitation
under subsection (a) to the member for the period of active duty
described in that paragraph. A member shall exercise any such waiver
option, if at all, before the period of active duty begins.
``(2) The authority provided in paragraph (1) applies to a member
of a reserve component who is on active duty (other than for training)
pursuant to an order to active duty under section 12301 of this title
that specifies a period of less than 180 days.''.
SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY OR DISEASE INCURRED
OR AGGRAVATED DURING OVERNIGHT STAY BETWEEN INACTIVE DUTY
TRAINING PERIODS.
Paragraph (2) of section 1204 of title 10, United States Code, is
amended to read as follows:
``(2) the disability is a result of--
``(A) performing active duty or inactive-duty
training;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) an injury, illness, or disease incurred or
aggravated while remaining overnight, between
successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive duty training,
if the site is outside reasonable commuting distance of
the member's residence;''.
SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Credit Authorized.--Section 2126 of title 10, United States
Code, is amended--
(1) by striking out ``Service performed'' and inserting in
lieu thereof ``(a) Service Not Creditable.--Except as provided
in subsection (b), service performed''; and
(2) by adding at the end the following:
``(b) Exception.--(1) The Secretary concerned may authorize service
performed by a member of the program in pursuit of a course of study
under this subchapter to be counted in accordance with this subsection
if the member--
``(A) completes the course of study;
``(B) completes the active duty obligation imposed under
section 2123(a) of this title; and
``(C) possesses a specialty designated by the Secretary
concerned as critically needed in wartime.
``(2) Service credited under paragraph (1) counts only for the
following purposes:
``(A) Award of retirement points for computation of years
of service under section 12732 of this title and for
computation of retired pay under section 12733 of this title.
``(B) Computation of years of service creditable under
section 205 of title 37.
``(3) For purposes of paragraph (2)(A), a member may be credited in
accordance with paragraph (1) with not more than 50 points for each
year of participation in a course of study that the member
satisfactorily completes as a member of the program.
``(4) Service may not be counted under paragraph (1) for more than
four years of participation in a course of study as a member of the
program.
``(5) A member who is dropped from the program under section
2123(c) of this title may not receive any credit under paragraph (1)
for participation in a course of study as a member of the program. Any
credit awarded for participation in the program before the member is
dropped shall be rescinded.
``(6) A member is not entitled to any retroactive award of, or
increase in, pay or allowances under title 37 by reason of an award of
service credit under paragraph (1).''.
(b) Award of Retirement Points.--(1) Section 12732(a)(2) of such
title is amended--
(A) by inserting after clause (C) the following:
``(D) Points credited for the year under section
2126(b) of this title.''; and
(B) in the matter following clause (D), as inserted by
paragraph (1), by striking out ``and (C)'' and inserting in
lieu thereof ``(C), and (D)''.
(2) Section 12733(3) of such title is amended by striking out ``or
(C)'' and inserting in lieu thereof ``(C), or (D)''.
SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUCTURE.
(a) Report.--Not later than March 1, 1997, the Secretary of Defense
shall submit to Congress a report on the current force structure and
the projected force structure of the National Guard and the other
reserve components.
(b) Report Elements.--The report required by subsection (a) shall
address the following:
(1) The role of specific guard and reserve units in the
current force structure of the guard and reserves.
(2) The projected role of specific guard units and reserve
units in a major regional contingency.
(3) Whether or not the current force structure of the guard
and reserves is excess to the combat readiness requirements of
the Armed Forces and, if so, to what extent.
(4) The effect of decisions relating to the force structure
of the guard and reserves on combat readiness within the tiered
structure of combat readiness applied to the Armed Forces.
SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR MILITARY TECHNICIANS
FOR THE AIR NATIONAL GUARD FOR FISCAL YEAR 1997.
Section 513(b)(3) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 305; 10 U.S.C. 115
note) is amended to read as follows:
``(3) Air National Guard:
``(A) For fiscal year 1996, 22,906.
``(B) For fiscal year 1997, 22,956.''.
Subtitle C--Officer Education Programs
SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A CADET OR MIDSHIPMAN
IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS AND THE
SERVICE ACADEMIES.
(a) Senior Reserve Officers' Training Corps.--Section 2107(a) of
title 10, United States Code, is amended by striking out ``25 years of
age'' and inserting in lieu thereof ``27 years of age''.
(b) United States Military Academy.--Section 4346(a) of title 10,
United States Code, is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third birthday''.
(c) United States Naval Academy.--Section 6958(a)(1) of title 10,
United States Code, is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third birthday''.
(d) United States Air Force Academy.--Section 9346(a) of title 10,
United States Code, is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third birthday''.
SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION AND SUPPORT OF ARMY
ROTC UNITS BY MEMBERS OF THE ARMY RESERVE AND NATIONAL
GUARD.
(a) In General.--The Secretary of the Army shall carry out a
demonstration project in order to assess the feasibility and
advisability of providing instruction and similar support to units of
the Reserve Officers Training Corps of the Army through members of the
Army Reserve (including members of the Individual Ready Reserve) and
members of the Army National Guard.
(b) Project Requirements.--(1) The Secretary shall carry out the
demonstration project at least one institution.
(2) In order to enhance the value of the project, the Secretary may
take actions to ensure that members of the Army Reserve and the Army
National Guard provide instruction and support under the project in a
variety of innovative ways.
(c) Inapplicability of Limitation on Reserves in Support of ROTC.--
The assignment of a member of the Army Reserve or the Army National
Guard to provide instruction or support under the demonstration project
shall not be treated as an assignment of the member to duty with a unit
of a Reserve Officer Training Corps program for purposes of section
12321 of title 10, United States Code.
(d) Reports.--Not later than February 1 in each of 1998, 1999,
2000, and 2001, the Secretary shall submit to Congress a report
assessing the activities under the project during the preceding year.
The report submitted in 2000 shall include the Secretary's
recommendation as to the advisability of continuing or expanding the
authority for the project.
(e) Termination.--The authority of the Secretary to carry out the
demonstration project shall expire four years after the date of the
enactment of this Act.
SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET COMMAND OR
TERMINATION OF SENIOR ROTC UNITS PENDING REPORT ON ROTC.
(a) Prohibition.--Notwithstanding any other provision of law, the
Secretary of the Army may not reorganize or restructure the Reserve
Officers Training Corps Cadet Command or terminate any Senior Reserve
Officer Training Corps units identified in the Information for Members
of Congress concerning Senior Reserve Officer Training Corps (ROTC)
Unit Closures dated May 20, 1996, until 180 days after the date on
which the Secretary submits to the congressional defense committees the
report described in subsection (b).
(b) Report.--The report referred to in subsection (a) shall--
(1) describe the selection process used to identify the
Reserve Officer Training Corps units of the Army to be
terminated;
(2) list the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) set forth the specific ranking of each unit of the
Reserve Officer Training Corps of the Army to be terminated as
against all other such units;
(4) set forth the authorized and actual cadre staffing of
each such unit to be termination for each fiscal year of the
10-fiscal year period ending with fiscal year 1996;
(5) set forth the production goals and performance
evaluations of each Reserve Officer Training Corps unit of the
Army on the closure list for each fiscal year of the 10-fiscal
year period ending with fiscal year 1996;
(6) describe how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the
closure of such units;
(7) describe the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the
colleges on the closure list;
(8) include the projected officer accession plan by source
of commission for the active-duty Army, the Army Reserve, and
the Army National Guard; and
(9) describe whether the closure of any ROTC unit will
adversely effect the recruitment of minority officer
candidates.
Subtitle D--Other Matters
SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION WHEN A
PHYSICAL DISABILITY IS FOUND AT ANY PHYSICAL EXAMINATION.
Section 1372(3) of title 10, United States Code, is amended by
striking out ``his physical examination for promotion'' and inserting
in lieu thereof ``a physical examination''.
SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE DUTY.
(a) Number on Active Duty Concurrently.--Subsection (c) of section
688 of title 10, United States Code, is amended--
(1) by striking out ``(c) Except in time of war, or of
national emergency declared by Congress or the President after
November 30, 1980, not'' and inserting in lieu thereof ``(c)(1)
Not''; and
(2) by adding at the end the following:
``(2)(A) Not more than 25 officers of any one armed force may be
serving on active duty concurrently pursuant to orders to active duty
issued under this section.
``(B) In the administration of subparagraph (A), the following
officers shall not be counted:
``(i) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(ii) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which
ordered.
``(iii) Any officer assigned to duty with the American
Battle Monuments Commission for the period of active duty to
which ordered.''.
(b) Officers Retired on Selective Early Retirement Basis.--Such
section is amended by adding at the end the following:
``(e) The following officers may not be ordered to active duty
under this section:
``(1) An officer who retired under section 638 of this
title.
``(2) An officer who--
``(A) after having been notified that the officer
was to be considered for early retirement under section
638 of this title by a board convened under section
611(b) of this title and before being considered by
that board, requested retirement under section 3911,
6323, or 8911 of this title; and
``(B) was retired pursuant to that request.''.
(c) Limitation of Period of Recall Service.--Such section, as
amended by subsection (b), is further amended by adding at the end the
following:
``(f) A member ordered to active duty under subsection (a) may not
serve on active duty pursuant to orders under such subsection for more
than 12 months within the 24 months following the first day of the
active duty to which ordered under this section.''.
(d) Waiver for Periods of War or National Emergency.--Such section,
as amended by subsection (c), is further amended by adding at the end
the following:
``(g)(1) Subsection (c)(1) does not apply in time of war or of
national emergency declared by Congress or the President after November
30, 1980.
``(2) Subsections (c)(2), (e), and (f) do not apply in time of war
or of national emergency declared by Congress or the President.''.
SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED EXCESS LEAVE FOR
EDUCATIONAL PURPOSES.
(a) Eligibility for Retirement.--Section 1201 of title 10, United
States Code, is amended--
(1) by inserting ``(a) Retirement.--'' before ``Upon a
determination'';
(2) by striking out ``a member of a regular component of
the armed forces entitled to basic pay, or any other member of
the armed forces entitled to basic pay who has been called or
ordered to active duty (other than for training under section
10148(a) of this title) for a period of more than 30 days,''
and inserting in lieu thereof ``a member described in
subsection (b)'';
(3) by inserting after ``incurred while entitled to basic
pay'' the following: ``or incurred while absent as described in
section 502(b) of title 37 to participate in an educational
program (even though not entitled to basic pay by operation of
such section)''; and
(4) by adding at the end the following:
``(b) Eligible Members.--This section applies to the following
members:
``(1) A member of a regular component of the armed forces
entitled to basic pay.
``(2) Any other member of the armed forces entitled to
basic pay who has been called or ordered to active duty (other
than for training under section 10148(a) of this title) for a
period of more than 30 days.
``(3) A member of a regular component of the armed forces
who is on active duty but is absent as described in section
502(b) of title 37 to participate in an educational program.''.
(b) Eligibility for Placement on Temporary Disability Retirement
List.--Section 1202 of title 10, United States Code, is amended--
(1) by inserting ``(a) Temporary Retirement.--'' before
``Upon a determination''; and
(2) by striking out ``a member of a regular component of
the armed forces entitled to basic pay, or any other member of
the armed forces entitled to basic pay who has been called or
ordered to active duty (other than for training under section
10148(a) of this title) for a period of more than 30 days,''
and inserting in lieu thereof ``a member described in section
1201(b) of this title''.
(c) Eligibility for Separation.--Section 1203 of title 10, United
States Code, is amended--
(1) by inserting ``(a) Separation.--'' before ``Upon a
determination'';
(2) by striking out ``a member of a regular component of
the armed forces entitled to basic pay, or any other member of
the armed forces entitled to basic pay who has been called or
ordered to active duty (other than for training under section
10148(a) of this title) for a period of more than 30 days,''
and inserting in lieu thereof ``a member described in section
1201(b) of this title''; and
(3) by inserting after ``incurred while entitled to basic
pay'' the following: ``or incurred while absent as described in
section 502(b) of title 37 to participate in an educational
program (even though not entitled to basic pay by operation of
such section)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to physical disabilities incurred on or after such date.
SEC. 534. UNIFORM POLICY REGARDING RETENTION OF MEMBERS WHO ARE
PERMANENTLY NONWORLDWIDE ASSIGNABLE.
(a) Policy Required.--Chapter 59 of title 10, United States Code,
is amended by inserting after section 1176 the following:
``Sec. 1177. Uniform policy regarding retention of members who are
permanently nonworldwide assignable
``The Secretary of Defense shall prescribe regulations setting
forth uniform policies and procedures regarding retention of members of
the Army, Navy, Air Force, and Marine Corps who are permanently
nonworldwide assignable for medical reasons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1176 the following:
``1177. Uniform policy regarding retention of members who are
permanently nonworldwide assignable.''.
SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLISTMENT IN REGULAR
COMPONENT UNDER THE DELAYED ENTRY PROGRAM.
(a) Authority.--Section 513(b) of title 10, United States Code, is
amended by inserting after the first sentence the following: ``The
Secretary concerned may extend the 365-day period for a person for up
to 180 additional days if the Secretary determines that it is in the
best interests of the armed force under the Secretary's jurisdiction to
do so.''.
(b) Technical Amendments.--Section 513(b) of such title, as amended
by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the third sentence as paragraph (2) and
realigning such paragraph, as so designated, flush to the left
margin; and
(3) in paragraph (2), as so designated, by striking out
``the preceding sentence'' and inserting in lieu thereof
``paragraph (1)''.
SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEMBERS WITH AT LEAST 10
YEARS OF SERVICE.
Subsection (d) of section 505 of title 10, United States Code, is
amended to read as follows:
``(d)(1) The Secretary concerned may accept a reenlistment in the
Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or
Regular Coast Guard, as the case may be, for a period determined under
this subsection.
``(2) In the case of a member who has less than 10 years of service
in the armed forces as of the day before the first day of the period
for which reenlisted, the period for which the member reenlists shall
be at least two years but not more than six years.
``(3) In the case of a member who has at least 10 years of service
in the armed forces as of the day before the first day of the period
for which reenlisted, the Secretary concerned may accept a reenlistment
for either--
``(A) a specified period of at least two years but
not more than six years; or
``(B) an unspecified period.
``(4) No enlisted member is entitled to be reenlisted for a period
that would expire before the end of the member's current enlistment.''.
SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.
(a) Repeal of Applicability of Authorities to Department of Defense
Civilian Employees and Contractor Employees.--(1) Section 1501 of title
10, United States Code, is amended--
(A) by striking out subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c) Covered Persons.--Section 1502 of this title applies in the
case of any member of the armed forces on active duty who becomes
involuntarily absent as a result of a hostile action, or under
circumstances suggesting that the involuntary absence is a result of a
hostile action, and whose status is undetermined or who is unaccounted
for.''; and
(B) by striking out subsection (f).
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one individual
described in paragraph (2)'' and inserting in lieu thereof
``one military officer'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(3) Section 1504(d) of such title is amended--
(A) by striking out the text of paragraph (1) and inserting
in lieu thereof the following new text: ``A board under this
section shall be composed of at least three members who are
officers having the grade of major or lieutenant commander or
above.''; and
(B) in paragraph (4), by striking out ``section
1503(c)(4)'' and inserting in lieu thereof ``section
1503(c)(3)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means a member of the armed
forces on active duty who is in a missing status.''.
(b) Report on Preliminary Assessment of Status.--(1) Section 1502
of title 10, United States Code, is amended--
(A) in subsection (a)(2)--
(i) by striking out ``48 hours'' and inserting in
lieu thereof ``10 days''; and
(ii) by striking out ``theater component commander
with jurisdiction over the missing person'' and
inserting in lieu thereof ``Secretary concerned'';
(B) by striking out subsection (b);
(C) by redesignating subsection (c) as subsection (b); and
(D) in subsection (b), as so redesignated, by striking out
the second sentence.
(2) Section 1503(a) of such title is amended by striking out
``section 1502(b)'' and inserting in lieu thereof ``section 1502(a)''.
(3) Section 1513 of such title is amended by striking out paragraph
(8).
(c) Repeal of Requirements for Counsels for Missing Persons.--(1)
Section 1503 of title 10, United States Code, is amended--
(A) by striking out subsection (f); and
(B) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively.
(2) Section 1504 of such title is amended--
(A) by striking out subsection (f); and
(B) by redesignating subsections (g) through (m) as
subsections (f) through (l), respectively.
(3) Such section 1503 is further amended--
(A) in subsection (g)(3), as redesignated by paragraph
(1)(B) of this subsection, by striking out ``subsection (j)''
and inserting in lieu thereof ``subsection (i)'';
(B) in subsection (h)(1), as so redesignated, by striking
out ``subsection (h)'' and inserting in lieu thereof
``subsection (g)'';
(C) in subsection (i), as so redesignated--
(i) by striking out ``subsection (i)'' in the
matter preceding paragraph (1) and inserting in lieu
thereof ``subsection (h)''; and
(ii) in paragraph (1)(B), by striking out
``subsection (h)'' and inserting in lieu thereof
``subsection (g)''; and
(D) in subsection (j), as so redesignated, by striking out
``subsection (i)'' and inserting in lieu thereof ``subsection
(h)''.
(4) Such section 1504 of such title is amended--
(A) in subsection (a), by striking out ``section 1503(i)''
and inserting in lieu thereof ``section 1503(h)'';
(B) in subsection (e)(1), by striking out ``section
1503(h)'' and inserting in lieu thereof ``section 1503(g)'';
(C) in subsection (f), as redesignated by paragraph (2)(B)
of this subsection, by striking out ``subsection (i)'' each
place it appears in paragraphs (4)(D) and (5)(B) and inserting
in lieu thereof ``subsection (h)'';
(D) in subsection (g)(3)(A), as so redesignated, by
striking out ``and the counsel for the missing person appointed
under subsection (f)'';
(E) in subsection (j), as so redesignated--
(i) in paragraph (1)--
(I) by striking out ``subsection (j)'' in
the matter preceding subparagraph (A) and
inserting in lieu thereof ``subsection (i)'';
(II) by inserting ``and'' at the end of
subparagraph (A);
(III) by striking out subparagraph (B); and
(IV) by redesignating subparagraph (C) as
subparagraph (B) and in that subparagraph, as
so redesignated, by striking out ``subsection
(g)(5)'' and inserting in lieu thereof
``subsection (f)(5)''; and
(ii) in paragraph (2), by striking out
``subparagraph (C)'' and inserting in lieu thereof
``subparagraph (B)'';
(F) in subsection (k), as redesignated by paragraph (2)(B)
of this subsection, by striking out ``subsection (k)'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``subsection (j)''; and
(G) in subsection (l), as so redesignated, by striking out
``subsection (k)'' and inserting in lieu thereof ``subsection
(l)''.
(5) Section 1505(c) of such title is amended--
(A) in paragraph (2), by striking out ``(A) the designated
missing person's counsel for that person, and (B)''; and
(B) in paragraph (3), by striking out ``, with the advice''
and all that follows through ``paragraph (2),''.
(6) Section 1509(a) of such title is amended by striking out
``section 1504(g)'' and inserting in lieu thereof ``section 1504(f)''.
(d) Frequency of Subsequent Reviews.--Subsection (b) of section
1505 of title 10, United States Code, is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--The Secretary concerned
shall conduct inquiries into the whereabouts and status of a person
under subsection (a) upon receipt of information that may result in a
change of status of the person. The Secretary concerned shall appoint a
board to conduct such inquiries.''.
(e) Repeal of Statutory Penalties for Wrongful Withholding of
Information.--Section 1506 of title 10, United States Code, is
amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(f) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of title 10, United States Code, is amended by striking
out paragraphs (3) and (4).
(g) Repeal of Right of Judicial Review.--Section 1508 of title 10,
United States Code, is repealed.
(h) Scope of Preenactment Review.--(1) Section 1509 of title 10,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking out paragraph (1); and
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(B) by striking out subsection (c);
(C) by redesignating subsection (d) as subsection (c); and
(D) in subsection (c), as so redesignated--
(i) by striking out paragraph (1); and
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(2) The section heading of such section is amended by striking out
``, special interest cases''.
(i) Clerical Amendments.--The table of sections at the beginning of
chapter 76 of title 10, United States Code, is amended--
(1) in the item relating to section 1509, by striking out
``, special interest cases''; and
(2) by striking out the item relating to section 1509.
SEC. 538. INAPPLICABILITY OF SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF
1940 TO THE PERIOD OF LIMITATIONS FOR FILING CLAIMS FOR
CORRECTIONS OF MILITARY RECORDS.
(a) Extension of Period.--Section 1552(b) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Notwithstanding the provisions of section 205 of the
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 525),
and any other provision of law, the three-year period for filing a
request for correction of records is not extended by reason of military
service. However, in determining under paragraph (1) whether it is in
the interest of justice to excuse a failure timely to file a request
for correction, the board shall consider the claimant's military
service and its effect on the claimant's ability to file a claim.''.
(b) Effective Date.--Paragraph (2) of section 1552(b) of such
title, as added by subsection (a), shall take effect three years after
the date of the enactment of this Act.
SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMERICAN SOLDIERS WHO
SERVED IN WORLD WAR II.
(a) Inapplicability of Time Limitations.--Notwithstanding the time
limitations in section 3744(b) of title 10, United States Code, or any
other time limitation, the President may award the Medal of Honor to
each person identified in subsection (b), each such person having
distinguished himself conspicuously by gallantry and intrepidity at the
risk of his life above and beyond the call of duty while serving in the
United States Army during World War II.
(b) Applicability.--The authority in this section applies with
respect to the following persons:
(1) Vernon J. Baker, who served as a first lieutenant in
the 370th Infantry Regiment, 92nd Infantry Division.
(2) Edward A. Carter, who served as a staff sergeant in the
56th Armored Infantry Battalion, 12th Armored Division.
(3) John R. Fox, who served as a first lieutenant in the
366th Infantry Regiment, 92nd Infantry Division.
(4) Willy F. James, Jr., who served as a private first
class in the 413th Infantry Regiment, 104th Infantry Division.
(5) Ruben Rivers, who served as a staff sergeant in the
761st Tank Battalion.
(6) Charles L. Thomas, who served as a first lieutenant in
the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in the 29th
Quartermaster Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded under this
section posthumously, as provided in section 3752 of title 10, United
States Code.
(d) Prior Award.--The Medal of Honor may be awarded under this
section for service for which a Distinguished-Service Cross, or other
award, has been awarded.
SEC. 540. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS.
(a) Chief of Army Nurse Corps.--Subsection (b) of section 3069 of
title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``major'' and
inserting in lieu thereof ``lieutenant colonel'';
(2) by inserting after the first sentence the following:
``An appointee who holds a lower regular grade shall be
appointed in the regular grade of brigadier general.''; and
(3) in the last sentence, by inserting ``to the same
position'' before the period at the end.
(b) Assistant Chief.--Subsection (c) of such section is amended by
striking out ``major'' in the first sentence and inserting in lieu
thereof ``lieutenant colonel''.
(c) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade
(2) The item relating to such section in the table of sections at
the beginning of chapter 307 of title 10, United States Code, is
amended to read as follows:
``3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade.''.
SEC. 541. CHIEF AND ASSISTANT CHIEF OF AIR FORCE NURSE CORPS.
(a) Positions and Appointment.--Chapter 807 of title 10, United
States Code, is amended by inserting after section 8067 the following:
``Sec. 3069. Air Force nurses: Chief and assistant chief; appointment;
grade
``(a) Positions of Chief and Assistant Chief.--There are a Chief
and assistant chief of the Air Force Nurse Corps.
``(b) Chief.--The Secretary of the Air Force shall appoint the
Chief from the officers of the Regular Air Force designated as Air
Force nurses whose regular grade is above lieutenant colonel and who
are recommended by the Surgeon General. An appointee who holds a lower
regular grade shall be appointed in the regular grade of brigadier
general. The Chief serves during the pleasure of the Secretary, but not
for more than three years, and may not be reappointed to the same
position.
``(c) Assistant Chief.--The Surgeon General shall appoint the
assistant chief from the officers of the Regular Air Force designated
as Air Force nurses whose regular grade is above lieutenant colonel.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after section 8067 the following:
``3069. Air Force Nurse Corps: Chief and assistant chief; appointment;
grade.''.
SEC. 542. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established by law
or policy for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply in the
case of awards of decorations as described in subsection (b), the award
of each such decoration having been determined by the Secretary of the
Navy to be warranted in accordance with section 1130 of title 10,
United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to awards
of the Distinguished Flying Cross for service during World War II as
follows:
(1) First award.--First award, for completion of at least
20 qualifying combat missions, to the following members and
former members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Herman C. Edwards of Johns Island, South Carolina.
James M. Fitzgerald of Anchorage, Alaska.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Otis Lancaster of Wyoming, Michigan.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron,
New York.
The late Edward J. Naparkowsky, formerly of
Hartford, Connecticut.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
Stanley J. Orlowski of Jackson, Michigan.
(2) Second award.--Second award, for completion of at least
40 qualifying combat missions, to the following members and
former members of the Armed Forces:
Ralph J. Deceuster of Dover, Ohio.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Arthur C. Adair of Grants Pass, Oregon.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
Albert P. Emsley of Bothell, Washington.
Robert B. Carnes of West Yarmouth, Massachusetts.
Urbain J. Fournier of Houma, Louisiana.
John B. Tagliapiri of St. Helena, California.
Ray B. Stiltner of Centralia, Washington.
(3) Third award.--Third award, for completion of at least
60 qualifying combat missions, to the following members and
former members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
William A. Nickerson of Portland, Oregon.
David Mendoza of McAllen, Texas.
(4) Fourth award.--Fourth award, for completion of at least
80 qualifying combat missions, to the following members and
former members of the Armed Forces:
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Robert Bair of Ontario, California.
(5) Fifth award.--Fifth award, for completion of at least
100 qualifying combat missions, to the following members and
former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs,
Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) Sixth award.--Sixth award, for completion of at least
120 qualifying combat missions, to Richard L. Murray of Dallas,
Texas.
SEC. 543. MILITARY PERSONNEL STALKING PUNISHMENT AND PREVENTION ACT OF
1996.
(a) Short Title.--This section may be cited as the ``Military
Personnel Stalking Punishment and Prevention Act of 1996''.
(b) In General.--Title 18, United States Code, is amended by
inserting after section 2261 the following:
``Sec. 2261A. Stalking of members of the Armed Forces of the United
States
``(a) In General.--Whoever, within the special maritime and
territorial jurisdiction of the United States or in the course of
interstate travel, with the intent to injure or harass any military
person, places that military person in reasonable fear of the death of,
or serious bodily injury to, that military person or a member of the
immediate family of that military person shall be punished as provided
in section 2261.
``(b) Definitions.--For purposes of this section--
``(1) the term `immediate family' has the same meaning as
in section 115; and
``(2) the term `military person' means--
``(A) any member of the Armed Forces of the United
States (including a member of any reserve component);
and
``(B) any member of the immediate family of a
person described in subparagraph (A).''.
(c) Conforming Amendments.--
(1) Section 2261(b) of title 18, United States Code, is
amended by inserting ``or section 2261A'' after ``this
section''.
(2) Sections 2261(b) and 2262(b) of title 18, United States
Code, are each amended by striking ``offender's spouse or
intimate partner'' each place it appears and inserting
``victim''.
(3) The chapter heading for chapter 110A of title 18,
United States Code, is amended by inserting ``AND STALKING''
after ``VIOLENCE''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261 the following new item:
``2261A. Stalking of members of the Armed Forces of the United
States.''.
(e) Effective Date.--This section and the amendments made by this
section shall take effect on the day after the date of enactment of
this Act.
Subtitle E--Commissioned Corps of the Public Health Service
SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF PROHIBITION ON
CREDITING CADET OR MIDSHIPMEN SERVICE AT THE SERVICE
ACADEMIES.
Section 971(b) of title 10, United States Code, is amended--
(1) in subsection (a), by inserting before the period at
the end the following: ``or an officer in the Commissioned
Corps of the Public Health Service''; and
(2) in subsection (b)--
(A) by striking out ``and'' at the end of paragraph
(2);
(B) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``; and'';
and
(C) by adding at the end the following new
paragraph:
``(4) no officer in the Commissioned Corps of the Public
Health Service may be credited with service as a midshipman at
the United States Naval Academy or as a cadet at the United
States Military Academy, United States Air Force Academy, or
United States Coast Guard Academy.''.
SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC HEALTH SERVICE
OFFICERS ASSIGNED TO THE DEPARTMENT OF DEFENSE.
Section 206 of the Public Health Service Act (42 U.S.C. 207 et
seq.) is amended by adding at the end thereof the following new
subsection:
``(f) Exception to Grade Limitations for Officers Assigned to
Department of Defense.--In computing the maximum number of commissioned
officers of the Public Health Service authorized by law to hold a grade
which corresponds to the grade of captain, major, lieutenant colonel,
or colonel, there may be excluded from such computation officers who
hold such a grade while the officers are assigned to duty in the
Department of Defense.''.
Subtitle F--Defense Economic Adjustment, Diversification, Conversion,
and Stabilization
SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT PLACEMENT PROGRAM TO
INCLUDE FIREFIGHTERS.
Section 1152(g) of title 10, United States Code, is amended--
(1) by striking out ``(g) Conditional Expansion of
Placement to Include Firefighters.--(1) Subject to paragraph
(2), the'' and inserting in lieu thereof ``(g) Authority To
Expand Placement To Include Firefighters.--The''; and
(2) in paragraph (2), by striking out the first sentence.
SEC. 572. TROOPS-TO-TEACHERS PROGRAM IMPROVEMENTS.
(a) Separated Members of the Armed Forces.--(1) Subsection (a) of
section 1151 of title 10, United States Code, is amended by striking
out ``may establish'' and inserting in lieu thereof ``shall
establish''.
(2) Such section is further amended--
(A) in subsection (f)(2), by striking out ``five school
years'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``two school years''; and
(B) in subsection (h)(3)(A), by striking out ``five
consecutive school years'' and inserting in lieu thereof ``two
consecutive school years''.
(3) Subsection (g)(2) of such section is amended--
(A) by striking out the comma after ``section 1174a of this
title'' and inserting in lieu thereof ``or''; and
(B) by striking out ``, or retires pursuant to the
authority provided in section 4403 of the National Defense
Authorization Act for fiscal year 1993 (Public Law 102-484; 10
U.S.C. 1293 note)''.
(4) Subsection (h)(3)(B) of such section is amended--
(A) in clause (i), by striking out ``$25,000'' and
inserting in lieu thereof ``$17,000'';
(B) in clause (ii)--
(i) by striking out ``40 percent'' and inserting in
lieu thereof ``25 percent''; and
(ii) by striking out ``$10,000'' and inserting in
lieu thereof ``$8,000''; and
(C) by striking out clauses (iii), (iv), and (v).
(b) Savings Provision.--The amendments made by this section do not
effect obligations under agreements entered into in accordance with
section 1151 of title 10, United States Code, before the date of the
enactment of this Act.
Subtitle G--Armed Forces Retirement Home
SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT HOME ACT OF 1991.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24
U.S.C. 401 et seq.).
SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.
(a) Authority.--Part A is amended by adding at the end the
following:
``SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPENSATED SERVICES.
``(a) Authority To Accept Services.--Subject to subsection (b) and
notwithstanding section 1342 of title 31, United States Code, the
Chairman of the Retirement Home Board or the Director of each
establishment of the Retirement Home may accept from any person
voluntary personal services or gratuitous services unless the
acceptance of the voluntary services is disapproved by the Retirement
Home Board.
``(b) Requirements and Limitations.--(1) The Chairman of the
Retirement Home Board or the Director of the establishment accepting
the services shall notify the person of the scope of the services
accepted.
``(2) The Chairman or Director shall--
``(A) supervise the person providing the services to the
same extent as that official would supervise a compensated
employee providing similar services; and
``(B) ensure that the person is licensed, privileged, has
appropriate credentials, or is otherwise qualified under
applicable laws or regulations to provide such services.
``(3) A person providing services accepted under subsection (a) may
not--
``(A) serve in a policymaking position of the Retirement
Home; or
``(B) be compensated for the services by the Retirement
Home.
``(c) Authority To Recruit and Train Persons Providing Services.--
The Chairman of the Retirement Home Board or the Director of an
establishment of the Retirement Home may recruit and train persons to
provide services authorized to be accepted under subsection (a).
``(d) Status of Persons Providing Services.--(1) Subject to
paragraph (3), while providing services accepted under subsection (a)
or receiving training under subsection (c), a person shall be
considered to be an employee of the Federal Government only for
purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries).
``(B) Chapter 171 of title 28, United States Code (relating
to claims for damages or loss).
``(2) A person providing services accepted under subsection (a)
shall be considered to be an employee of the Federal Government under
paragraph (1) only with respect to services that are within the scope
of the services accepted.
``(3) For purposes of determining the compensation for work-related
injuries payable under chapter 81 of title 5, United States Code
(pursuant to this subsection) to a person providing services accepted
under subsection (a), the monthly pay of the person for such services
shall be deemed to be the amount determined by multiplying--
``(A) the average monthly number of hours that the person
provided the services, by
``(B) the minimum wage determined in accordance with
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
``(e) Reimbursement of Incidental Expenses.--The Chairman of the
Retirement Board or the Director of the establishment accepting
services under subsection (a) may provide for reimbursement of a person
for incidental expenses incurred by the person in providing the
services accepted under subsection (a). The Chairman or Director shall
determine which expenses qualify for reimbursement under this
subsection.''.
(b) Federal Status of Residents Paid for Part-Time or Intermittent
Services.--Paragraph (2) of section 1521(b) (24 U.S.C. 421(b)) is
amended to read as follows:
``(2) being an employee of the United States for any
purpose other than--
``(A) subchapter I of chapter 81 of title 5, United
States Code (relating to compensation for work-related
injuries); and
``(B) chapter 171 of title 28, United States Code
(relating to claims for damages or loss).''.
SEC. 583. DISPOSAL OF REAL PROPERTY.
(a) Disposal Authorized.--Notwithstanding title II the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.), title VIII of such Act (40 U.S.C. 531 et seq.), section 501 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), or
any other provision of law relating to the management and disposal of
real property by the United States, but subject to subsection (d), the
Retirement Home Board may, by sale or otherwise, convey all right,
title, and interest of the United States in a parcel of real property,
including improvements thereof, consisting of approximately 49 acres
located in Washington, District of Columbia, east of North Capitol
Street, and recorded as District Parcel 121/19.
(b) Manner, Terms, and Conditions of Disposal.--The Retirement Home
may determine--
(1) the manner for the disposal of the real property under
subsection (a); and
(2) the terms and conditions for the conveyance of that
property, including any terms and conditions that the Board
considers necessary to protect the interests of the United
States.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Board. The cost of
the survey shall be borne by the party or parties to which the property
is to be conveyed.
(d) Congressional Notification.--(1) Before disposing of real
property under subsection (a), the Board shall notify the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives of the proposed disposal. The Board may
not dispose of the real property until the later of--
(A) the date that is 60 days after the date on which the
notification is received by the committees; or
(B) the date of the next day following the expiration of
the first period of 30 days of continuous session of Congress
that follows the date on which the notification is received by
the committees.
(2) For the purposes of paragraph (1)--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.
SEC. 584. MATTERS CONCERNING PERSONNEL.
(a) Terms of Appointment to Governing Boards.--Section 1515(e) (24
U.S.C. 415(e)) is amended--
(1) in paragraph (1), by striking out ``subsection (f)''
and inserting in lieu thereof ``paragraph (2)'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by adding after paragraph (1) the following new
paragraphs:
``(2)(A) In the case of a member of a board who is appointed or
designated under subsection (b) or (c) on the basis of a particular
status described in a paragraph under that subsection, the appointment
or designation of that member terminates on the date on which the
member ceases to hold that status. The preceding sentence applies only
to members of the Armed Forces on active duty and employees of the
United States.
``(B) Paragraph (1) does not apply with respect to an appointment
or designation of a member of a board for a term of less than five
years that is made in accordance with subsection (f).
``(3) A member of the Retirement Home Board and a member of a Local
Board may be reappointed for one consecutive term by the Chairman of
that board.''.
(b) Dual Compensation.--(1) Section 1517 (24 U.S.C. 417) is
amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following new
subsection (f):
``(f) Dual Compensation.--(1) The Retirement Home Board may waive
the application of section 5532 of title 5, United States Code, to the
Director of an establishment of the Retirement Home or any employee of
the Retirement Home (to the extent that such section would otherwise
apply to the Director or employee by reason of the employment as
Director or employee). The Chairman of the Board shall notify the
Secretary of the Treasury of any waiver exercised under the preceding
sentence and the effective date of the waiver.
``(2) If the application of section 5532 of title 5, United States
Code, to a Director or employee is waived under paragraph (1), the rate
of pay payable out of the Retirement Home Trust Fund for the Director
or employee shall be the amount equal to the excess, if any, of the
periodic rate of pay fixed for the position of the Director or employee
over the amount by which the retired or retainer pay payable to the
Director or employee would have been reduced (computed on the basis of
that periodic rate of pay for that position) if section 5532 of title
5, United States Code, had not been waived.
``(3)(A) In the case of a Director or employee paid at a rate of
pay that is reduced under paragraph (2), the amounts deducted and
withheld from pay for purposes of chapter 81, subchapter III of chapter
83, chapter 84, chapter 87, or chapter 89 of title 5, United States
Code, all agency contributions required under such provisions of law,
the maximum amount of contributions that may be made to the Thrift
Saving Fund under subchapter III of chapter 84 of title 5, United
States Code, the rate of disability compensation payable under
subchapter I of chapter 81 of such title, the levels of life insurance
coverage provided under chapter 87 of such title, and the amounts of
annuities under subchapter III of chapter 83 of such title and
subchapter II of chapter 84 of such title shall be computed as if the
Director or employee were paid the full rate of pay fixed for the
position of the Director or employee for the period for which the
Director was paid at the reduced rate of pay under that paragraph.
``(B) If the amount payable to a Director or employee under
paragraph (2) is less than the total amount required to be deducted and
withheld from the pay of the Director or employee under a provision of
law referred to in subparagraph (A), the amount of the deficiency shall
be paid by the Director or employee. The participation or benefits
available to a Director or employee who fails to pay a deficiency
promptly shall be restricted in accordance with regulations which the
Director of the Office of Personnel Management shall prescribe.
``(4) In this section, the term `retired or retainer pay' has the
meaning given such term in section 5531 of title 5, United States
Code.''.
(2) Section 1516(f) (24 U.S.C. 416(f)) is amended--
(A) by inserting ``(1)'' after ``(f) Annual Report.--'';
and
(B) by adding at the end the following:
``(2) In addition to other matters covered by the annual report for
a fiscal year, the annual report shall identify each Director or
employee, if any, whose pay was reduced for any period during that
fiscal year pursuant to an exercise of the waiver authority under
section 1517(f), and shall include a discussion that demonstrates that
the unreduced rate of pay established for the position of that Director
or employee is comparable to the prevailing rates of pay provided for
personnel in the retirement home industry who perform functions similar
to those performed by the Director or employee.''.
(3) Subsection (f) of section 1517 (as added by paragraph (1)(B))
and subsection (f)(2) of section 1516 (as added by paragraph (2)(B))
shall apply with respect to pay periods beginning on or after January
1, 1997.
SEC. 585. FEES FOR RESIDENTS.
(a) One-Year Delay in Implementation of New Fee Structure.--(1)
Subsection (d)(2) of section 371 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2735; 24 U.S.C.
414 note) is amended by striking out ``October 1, 1997'' and inserting
in lieu thereof ``October 1, 1998''.
(2) Subsection (b)(2)(B) of such section is amended by striking out
``1998'', ``1999'', and ``2000'' in paragraphs (1) and (2) of the
subsection (d) that is set forth in such subsection (b)(2)(B) as an
amendment to section 1514 of the Armed Forces Retirement Home Act of
1991 and inserting in lieu thereof ``1999'', ``2000'', and ``2001'',
respectively.
(b) Report on Funding the Armed Forces Retirement Home.--(1) Not
later than March 3, 1997, the Secretary of Defense shall submit to
Congress a report on meeting the funding needs of the Armed Forces
Retirement Home in a manner that is fair and equitable to the residents
and to the members of the Armed Forces who provide required monthly
contributions for the home.
(2) The report shall include the following:
(A) The increment between levels of income of a resident of
the Armed Forces Retirement Home that is appropriate for
applying the next higher monthly fee to a resident under a
monthly fee structure for the residents of the home.
(B) The categories of income and disability payments that
should generally be considered as monthly income for the
purpose of determining the fee applicable to a resident and the
conditions under which each such category should be considered
as monthly income for such purpose.
(C) The degree of flexibility that should be provided the
Armed Forces Retirement Home Board for the setting of fees for
residents.
(D) A discussion of whether the Armed Forces Retirement
Home Board has and should have authority to vary the fee
charged a resident under exceptional circumstances, together
with any recommended legislation regarding such an authority.
(E) A discussion of how to ensure fairness and equitable
treatment of residents and of warrant officers and enlisted
members of the Armed Forces in meeting the funding needs of the
Armed Forces Retirement Home.
(F) The advisability of exercising existing authority to
increase the amount deducted from the pay of warrant officers
and enlisted personnel for the Armed Forces Retirement Home
under section 1007(i) of title 37, United States Code.
(G) Options for ways to meet the funding needs of the Armed
Forces Retirement Home without increasing the amount deducted
from pay under section 1007(i) of title 37, United States Code.
(H) Any other matters that the Secretary of Defense, after
the consultation required by paragraph (3), considers
appropriate regarding funding of the Armed Forces Retirement
Home.
(3) The Secretary shall consult the Armed Forces Retirement Home
Board and the secretaries of the military departments in preparing the
report under this subsection.
SEC. 586. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated for fiscal year 1997
from the Armed Forces Retirement Home Trust Fund the sum of $57,345,000
for the operation of the Armed Forces Retirement Home.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1997 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective January 1, 1997, the
rates of basic pay and basic allowance for subsistence of members of
the uniformed services are increased by 3.0 percent.
(c) Increase in BAQ.--Effective January 1, 1997, the rates of basic
allowance for quarters of members of the uniformed services are
increased by 4.0 percent.
SEC. 602. RATE OF CADET AND MIDSHIPMAN PAY.
Section 203(c) of title 37, United States Code, is amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ``(1)''.
SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE HOSPITALIZED.
(a) In General.--Section 210 of title 37, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) A senior enlisted member of an armed force shall continue to
be entitled to the rate of basic pay authorized for the senior enlisted
member of that armed force while the member is hospitalized, beginning
on the day of the hospitalization and ending on the day the member is
discharged from the hospital, but not for more than 180 days.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 210. Pay of the senior noncommissioned officer of an armed force
during terminal leave and while hospitalized''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 3 of title 10, United States Code, is amended
to read as follows:
``210. Pay of the senior noncommissioned officer of an armed force
during terminal leave and while
hospitalized.''.
SEC. 604. BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS ASSIGNED TO SEA
DUTY.
(a) Entitlement of Single Members Above Grade E-5.--Section
403(c)(2) of title 37, United States Code, is amended by striking out
the second sentence.
(b) Entitlement of Certain Single Members in Grade E-5.--Section
403(c)(2) of such title, as amended by subsection (a), is further
amended by adding at the end the following: ``However, the Secretary
concerned may authorize payment of the basic allowance for quarters to
members of a uniformed service without dependents who are in pay grade
E-5, are on sea duty, and are not provided Government quarters
ashore.''.
(c) Entitlement When Both Spouses in Grades Below Grade E-6 Are
Assigned to Sea Duty.--Section 403(c)(2) of such title, as amended by
subsections (a) and (b), is further amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following: ``Notwithstanding
section 421 of this title, two members of the uniformed
services in pay grades below E-6 who are married to each other,
have no dependent other than the spouse, and are simultaneously
assigned to sea duty on ships are jointly entitled to one basic
allowance for quarters at the rate provided for members with
dependents in the highest pay grade in which either spouse is
serving.''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on October 1, 1996.
SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO DENY AN ELECTION NOT
TO OCCUPY GOVERNMENT QUARTERS.
Section 403(b)(3) of title 37, United States Code, is amended by
striking out ``A member'' and inserting in lieu thereof ``Subject to
the provisions of subsection (j), a member''.
SEC. 606. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPARATED BY MILITARY
ORDERS FROM SPOUSES WHO ARE MEMBERS.
Section 427(b) of title 37, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``or'' at the end of
subparagraph (B);
(B) by striking out the period at the end of
subparagraph (C) and inserting in lieu thereof ``;
or''; and
(C) by adding at the end the following:
``(D) the member is married to a member of a uniformed
service, the member has no dependent other than the spouse, the
two members are separated by reason of the execution of
military orders, and the two members were residing together
immediately before being separated by reason of execution of
military orders.''; and
(2) by adding at the end the following:
``(5) Section 421 of this title does not apply to bar an
entitlement to an allowance under paragraph (1)(D). However, not more
than one monthly allowance may be paid with respect to a married couple
under paragraph (1)(D) for any month.''.
SEC. 607. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND ALLOWANCES.
Section 3702 of title 31, United States Code, is amended by adding
at the end the following:
``(e)(1) Upon the request of the Secretary concerned (as defined in
section 101 of title 37), the Comptroller General may waive the time
limitations set forth in subsection (b) or (c) in the case of a claim
for pay or allowances provided under title 37 and, subject to paragraph
(2), settle the claim.
``(2) Payment of a claim settled under paragraph (1) shall be
subject to the availability of appropriations for payment of that
particular claim.
``(3) This subsection does not apply to a claim in excess of
$25,000.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health Specialists in
the Selected Reserves.--Section 302g(f) of title 37, United States
Code, is amended by striking out ``September 30, 1997'' and inserting
in lieu thereof ``September 30, 1998''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(d) Special Pay for Enlisted Members of the Selected Reserve
Assigned to Certain High Priority Units.--Section 308d(c) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
(g) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1997'' and inserting in lieu thereof ``September 30, 1998''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof ``September 30,
1998''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, are each amended by striking
out ``September 30, 1997'' and inserting in lieu thereof ``September
30, 1998''.
(d) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1997''
and inserting in lieu thereof ``September 30, 1998''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1997'' and inserting in lieu thereof ``October 1, 1998''.
(g) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking out ``October 1, 1997'' and
inserting in lieu thereof ``October 1, 1998''.
SEC. 614. INCREASED SPECIAL PAY FOR DENTAL OFFICERS OF THE ARMED
FORCES.
(a) Increased Rates.--Section 302b(a) of title 37, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking out ``$1,200''
and inserting in lieu thereof ``$3,000'';
(B) in subparagraph (B), by striking out ``$2,000''
and inserting in lieu thereof ``$7,000''; and
(C) in subparagraph (C), by striking out ``$4,000''
and inserting in lieu thereof ``$7,000'';
(2) in paragraph (4), by redesignating subparagraphs (A),
(B), and (C) as subparagraphs (B), (C), and (D), respectively,
and by inserting before subparagraph (B), as so redesignated,
the following new subparagraph (A):
``(A) $4,000 per year, if the officer has less than three
years of creditable service.''; and
(3) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking out ``$2,000'' and
inserting in lieu thereof ``$2,500''; and
(ii) by striking out ``12 years'' and
inserting in lieu thereof ``10 years'';
(B) in subparagraph (B)--
(i) by striking out ``$3,000'' and
inserting in lieu thereof ``$3,500''; and
(ii) by striking out ``12 but less than 14
years'' and inserting in lieu thereof ``10 but
less than 12 years''; and
(C) in subparagraph (C), by striking out ``14 or
more years'' and inserting in lieu thereof ``12 or more
years''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1996.
SEC. 615. RETENTION SPECIAL PAY FOR PUBLIC HEALTH SERVICE OPTOMETRISTS.
Section 302a(b) of title 37, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking out ``an armed force'' in the
matter preceding subparagraph (A) and inserting in lieu
thereof ``a uniformed service''; and
(B) by striking out ``of the military department''
in subparagraph (C); and
(2) in paragraph (4), by striking out ``of the military
department''.
SEC. 616. SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE PROVIDERS IN THE
PUBLIC HEALTH SERVICE.
Section 302c(d) of title 37, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``Secretary of Defense'' and inserting in lieu thereof
``Secretary concerned''; and
(2) in paragraph (1)--
(A) by striking out ``or'' the third place it
appears; and
(B) by inserting before the period at the end the
following: ``, or an officer in the Regular or Reserve
Corps of the Public Health Service''.
SEC. 617. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUBLIC HEALTH SERVICE
AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OFFICERS.
(a) Eligibility.--Section 316 of title 37, United States Code, is
amended in subsection (a)--
(1) in the matter preceding paragraph (1), by striking out
``armed forces'' and inserting in lieu thereof ``uniformed
services'';
(2) in paragraph (2)--
(A) by striking out ``Secretary of Defense'' and
inserting in lieu thereof ``Secretary concerned''; and
(B) by inserting ``or public health'' after
``national defense''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking out
``military'' and inserting in lieu thereof ``uniformed
services'';
(B) in subparagraph (C), by striking out
``military''; and
(C) in subparagraph (D)--
(i) by striking out ``Department of
Defense'' and inserting in lieu thereof
``uniformed service''; and
(ii) by striking out ``Secretary of
Defense'' and inserting in lieu thereof
``Secretary concerned''.
(b) Administration.--Subsection (d) of such section is amended--
(1) by striking out ``his jurisdiction and'' and inserting
in lieu thereof ``the Secretary's jurisdiction,''; and
(2) by inserting before the period at the end ``, by the
Secretary of Health and Human Services for the Commissioned
Corps of the Public Health Service, and by the Secretary of
Commerce for the National Oceanic and Atmospheric
Administration''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on October 1, 1996, and apply with respect to months
beginning on or after such date.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ROUND TRIP TRAVEL ALLOWANCES FOR SHIPPING MOTOR VEHICLES AT
GOVERNMENT EXPENSE.
(a) In General.--Section 406(b)(1)(B) of title 37, United States
Code, is amended as follows--
(1) in clause (i)(I), by inserting ``, including return
travel to the old duty station,'' after ``nearest the old duty
station''; and
(2) in clause (ii), by inserting ``, including travel from
the new duty station to the port of debarkation to pick up the
vehicle'' after ``to the new duty station''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on April 1, 1997.
SEC. 622. OPTION TO STORE INSTEAD OF TRANSPORT A PRIVATELY OWNED
VEHICLE AT THE EXPENSE OF THE UNITED STATES.
(a) In General.--Section 2634 of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (g);
(2) by transferring subsection (g), as so redesignated, to
the end of such section; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) When a member is ordered to make a change of permanent
station to a foreign country and the member is authorized under
subsection (a) to have a vehicle transported under that subsection, the
Secretary may authorize the member to store the vehicle (instead of
having it transported) if restrictions imposed by the foreign country
or the United States preclude entry of the vehicle into that country or
require extensive modification of the vehicle as a condition for entry
of the vehicle into the country. The cost of the storage of the
vehicle, and costs associated with the delivery of the vehicle for
storage and removal of the vehicle for delivery from storage shall be
paid by the United States. Costs paid under this subsection may not
exceed reasonable amounts, as determined under regulations prescribed
by the Secretary of Defense (and the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy).''.
(b) Unaccompanied Tours.--Subsection (h)(1)(B) of section 406 of
title 37, United States Code, is amended to read as follows:
``(B) in the case of a member described in paragraph
(2)(A), authorize the transportation of one motor vehicle that
is owned by the member (or a dependent of a member) and is for
his dependent's personal use to that location by means of
transportation authorized under section 2634 of title 10, or
authorize storage of such motor vehicle if the storage of the
motor vehicle is otherwise authorized under that section.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1996.
SEC. 623. DEFERRAL OF TRAVEL WITH TRAVEL AND TRANSPORTATION ALLOWANCES
IN CONNECTION WITH LEAVE BETWEEN CONSECUTIVE OVERSEAS
TOURS.
(a) Authority for Additional Deferral of Travel.--Section
411b(a)(2) of title 37, United States Code, is amended by adding at the
end the following: ``A member may defer the travel for one additional
year if, due to participation in a contingency operation, the member is
unable to commence the travel within the one-year period provided for
under the preceding sentence.''.
(b) Effective Date.--The amendment made by subsection shall (a)
take effect as of November 1, 1995, and shall apply with respect to
members of the uniformed services who, on or after that date,
participate in critical operational missions, as determined under the
third sentence of section 411b(a)(2) of title 37, United States Code
(as added by subsection (a)).
SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF PUBLIC
HEALTH SERVICE OFFICERS.
Section 406(j)(1) of title 37, United States Code, is amended in
the first sentence--
(1) by inserting ``, and appropriations available to the
Department of Health and Human Services for providing
transportation of household effects of members of the
Commissioned Corps of the Public Health Service under
subsection (b),'' after ``members of the armed forces under
subsection (b)''; and
(2) by striking out ``of the military department''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING ADJUSTMENT
FOR FISCAL YEAR 1998.
(a) Repeal of Adjustment of Effective Date for Fiscal Year 1998.--
Section 1401a(b)(2)(B) of title 10, United States Code, is amended--
(1) by striking out ``(B) Special rules'' and all that
follows through ``In the case of'' in clause (i) and inserting
in lieu thereof ``(B) Special rule for fiscal year 1996.--In the case
of''; and
(2) by striking out clause (ii).
(b) Repeal of Contingent Alternative Date for Fiscal Year 1998.--
Section 631 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 364) is amended by striking out
subsection (b).
SEC. 632. ALLOTMENT OF RETIRED OR RETAINER PAY.
(a) Authority.--(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 71 the following new
chapter:
``CHAPTER 72--MISCELLANEOUS RETIRED AND RETAINER PAY AUTHORITIES
``Sec.
``1421. Allotments.
``Sec. 1421. Allotments
``(a) Authority.--Subject to such conditions and restrictions as
may be provided in regulations prescribed under subsection (b), a
member or former member of the armed forces entitled to retired or
retainer pay may transfer or assign the member or former member's
retired or retainer pay account when due and payable.
``(b) Regulations.--The Secretaries of the military departments and
the Secretary of Transportation (with respect to the Coast Guard when
it is not operating as a service in the Navy) shall prescribe uniform
regulations for the administration of subsection (a).''.
(2) The tables of chapters at the beginning of subtitle A of such
title and the beginning of part II of such subtitle are amended by
inserting after the item relating to chapter 71 the following:
``72. Miscellaneous retired and retainer pay authorities.... 1421''.
(b) Implementation.--(1) Notwithstanding section 1421 of title 10,
United States Code (as added by subsection (a)), a person entitled to
retired or retainer pay may not initiate a transfer or assignment of
retired or retainer pay under such section until regulations prescribed
under subsection (b) of such section take effect.
(2) The Secretaries of the military departments and the Secretary
of Transportation shall prescribe regulations under subsection (b) of
such section that ensure that, beginning not later than October 1,
1997, a person may make up to six transfers or assignments of the
person's retired or retainer pay account when due and payable for
payment of any financial obligations.
SEC. 633. COST-OF-LIVING INCREASES IN SBP CONTRIBUTIONS TO BE EFFECTIVE
CONCURRENTLY WITH PAYMENT OF RELATED RETIRED PAY COST-OF-
LIVING INCREASES.
(a) Survivor Benefit Plan.--Section 1452(h) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by adding at the end the following new subsection:
``(2)(A) Notwithstanding paragraph (1), when the initial payment of
an increase in retired pay under section 1401a of this title (or any
other provision of law) to a person is later than the effective date of
that increase by reason of the application of subsection (b)(2)(B) of
such section (or section 631(b) of Public Law 104-106 (110 Stat. 364)),
then the amount of the reduction in the person's retired pay shall be
effective on the date of that initial payment of the increase in
retired pay rather than the effective date of the increase in retired
pay.
``(B) Subparagraph (A) may not be construed as delaying, for
purposes of determining the amount of a monthly annuity under section
1451 of this title, the effective date of an increase in a base amount
under subsection (h) of such section from the effective date of an
increase in retired pay under section 1401a of this title to the date
on which the initial payment of that increase in retired pay is made in
accordance with subsection (b)(2)(B) of such section 1401a.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to retired pay payable for months beginning on
or after the date of the enactment of this Act.
SEC. 634. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) Survivor Annuity.--(1) The Secretary concerned shall pay an
annuity to the qualified surviving spouse of each member of the
uniformed services who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed Forces
during the period beginning on September 21, 1972, and ending
on October 1, 1978, and at the time of his death would have
been entitled to retired pay under chapter 67 of title 10,
United States Code (as in effect before December 1, 1994), but
for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of this section is a
surviving spouse who has not remarried and who is not eligible for an
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
(b) Amount of Annuity.--(1) An annuity under this section shall be
paid at the rate of $165 per month, as adjusted from time to time under
paragraph (3).
(2) An annuity paid to a surviving spouse under this section shall
be reduced by the amount of any dependency and indemnity compensation
(DIC) to which the surviving spouse is entitled under section 1311(a)
of title 38, United States Code.
(3) Whenever after the date of the enactment of this Act retired or
retainer pay is increased under section 1401a(b)(2) of title 10, United
States Code, each annuity that is payable under this section shall be
increased at the same time and by the same total percent. The amount of
the increase shall be based on the amount of the monthly annuity
payable before any reduction under this section.
(c) Application Required.--No benefit shall be paid to any person
under this section unless an application for such benefit is filed with
the Secretary concerned by or on behalf of such person.
(d) Definitions.--For purposes of this section:
(1) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given such terms in section 101
of title 37, United States Code.
(2) The term ``surviving spouse'' has the meaning given the
terms ``widow'' and ``widower'' in paragraphs (3) and (4) of
section 1447 of title 10, United States Code.
(e) Prospective Applicability.--(1) Annuities under this section
shall be paid for months beginning after the month in which this Act is
enacted.
(2) No benefit shall accrue to any person by reason of the
enactment of this section for any period before the first month
referred to in paragraph (1).
(f) Expiration of Authority.--The authority to pay annuities under
this section shall expire on September 30, 2001.
SEC. 635. ADJUSTED ANNUAL INCOME LIMITATION APPLICABLE TO ELIGIBILITY
FOR INCOME SUPPLEMENT FOR CERTAIN WIDOWS OF MEMBERS OF
THE UNIFORMED SERVICES.
Section 4 of Public Law 92-425 (10 U.S.C. 1448 note) is amended by
striking out ``$2,340'' in subsection (a)(3) and in the first sentence
of subsection (b) and inserting in lieu thereof ``$5,448''.
SEC. 636. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY WAIVER OF
RETIRED PAY TO ENHANCE CIVIL SERVICE RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--
(1) In general.--Subsection (c) of section 8332 of title 5,
United States Code, is amended by adding at the end the
following:
``(4) If an employee or Member waives retired pay that is subject
to a court order for which there has been effective service on the
Secretary concerned for purposes of section 1408 of title 10, the
military service on which the retired pay is based may be credited as
service for purposes of this subchapter only if, in accordance with
regulations prescribed by the Director of the Office of Personnel
Management, the employee or Member authorizes the Director to deduct
and withhold from the annuity payable to the employee or Member under
this subchapter, and to pay to the former spouse covered by the court
order, the same amount that would have been deducted and withheld from
the employee's or Member's retired pay and paid to that former spouse
under such section 1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended by striking ``Except as provided in paragraph (2)''
and inserting ``Except as provided in paragraphs (2) and (4)''.
(b) Federal Employees' Retirement System.--
(1) In general.--Subsection (c) of section 8411 of title 5,
United States Code, is amended by adding at the end the
following:
``(5) If an employee or Member waives retired pay that is subject
to a court order for which there has been effective service on the
Secretary concerned for purposes of section 1408 of title 10, the
military service on which the retired pay is based may be credited as
service for purposes of this chapter only if, in accordance with
regulations prescribed by the Director of the Office of Personnel
Management, the employee or Member authorizes the Director to deduct
and withhold from the annuity payable to the employee or Member under
this subchapter, and to pay to the former spouse covered by the court
order, the same amount that would have been deducted and withheld from
the employee's or Member's retired pay and paid to that former spouse
under such section 1408.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended by striking ``Except as provided in paragraph (2) or
(3)'' and inserting ``Except as provided in paragraphs (2),
(3), and (5)''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on January 1, 1997.
Subtitle E--Other Matters
SEC. 641. REIMBURSEMENT FOR ADOPTION EXPENSES INCURRED IN ADOPTIONS
THROUGH PRIVATE PLACEMENTS.
(a) Department of Defense.--Section 1052(g)(1) of title 10, United
States Code, is amended by striking out ``adoption or by a nonprofit,
voluntary adoption agency which is authorized by State or local law to
place children for adoption'' and inserting in lieu thereof ``adoption,
by a nonprofit, voluntary adoption agency which is authorized by State
or local law to place children for adoption, or by any other source if
the adoption is supervised by a court under State or local law''.
(b) Coast Guard.--Section 514(g)(1) of title 14, United States
Code, is amended by striking out ``adoption or by a nonprofit,
voluntary adoption agency which is authorized by State or local law to
place children for adoption'' and inserting in lieu thereof ``adoption,
by a nonprofit, voluntary adoption agency which is authorized by State
or local law to place children for adoption, or by any other source if
the adoption is supervised by a court under State or local law''.
SEC. 642. WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX PURPOSES
FROM CERTAIN SEPARATION PAY RECEIVED BY INVOLUNTARILY
SEPARATED MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1174(h) of title 10, United States Code,
is amended--
(1) in paragraph (1), by inserting ``(less the amount of
Federal income tax withheld from such pay)'' before the period
at the end; and
(2) in paragraph (2), by inserting ``(less the amount of
Federal income tax withheld from such pay)'' before the period
at the end of the first sentence.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1996, and shall apply to payments of separation
pay, severance pay, or readjustment pay that are made after October 1,
1996.
SEC. 643. PAYMENT TO VIETNAMESE COMMANDOS CAPTURED AND INTERNED BY
NORTH VIETNAM.
(a) Payment Authorized.--(1) The Secretary of Defense shall make a
payment to any person who demonstrates that he or she was captured and
incarcerated by the Democratic Republic of Vietnam after having entered
into the territory of the Democratic Republic of Vietnam pursuant to
operations conducted under OPLAN 34A or its predecessor.
(2) No payment may be made under this section to any individual who
the Secretary of Defense determines, based on the available evidence,
served in the Peoples Army of Vietnam or who provided active assistance
to the Government of the Democratic Republic of Vietnam during the
period 1958 through 1975.
(3) In the case of a decedent who would have been eligible for a
payment under this section if the decedent had lived, the payment shall
be made to survivors of the decedent in the order in which the
survivors are listed, as follows:
(A) To the surviving spouse.
(B) If there is no surviving spouse, to the surviving
children (including natural children and adopted children) of
the decedent, in equal shares.
(b) Amount Payable.--The amount payable to or with respect to a
person under this section is $40,000.
(c) Time Limitations.--(1) In order to be eligible for payment
under this section, the claimant must file his or her claim with the
Secretary of Defense within 18 months of the effective date of the
regulations implementing this section.
(2) Not later than 18 months after the Secretary receives a claim
for payment under this section--
(A) the claimant's eligibility for payment of the claim
under subsection (a) shall be determined; and
(B) if the claimant is determined eligible, the claim shall
be paid.
(d) Determination and Payment of Claims.--(1) Submission and
determination of claims.--The Secretary of Defense shall establish by
regulation procedures whereby individuals may submit claims for payment
under this section. Such regulations shall be issued within 6 months of
the date of enactment of this Act.
(2) Payment of claims.--The Secretary of Defense, in consultation
with the other affected agencies, may establish guidelines for
determining what constitutes adequate documentation that an individual
was captured and incarcerated by the Democratic Republic of Vietnam
after having entered the territory of the Democratic Republic of
Vietnam pursuant to operations conducted under OPLAN 34A or its
predecessor.
(e) Authorization of Appropriations.--Of the total amount
authorized to be appropriated under section 301, $20,000,000 is
available for payments under this section. Notwithstanding section 301,
that amount is authorized to be appropriated so as to remain available
until expended.
(f) Payment in Full Satisfaction of Claims Against the United
States.--The acceptance of payment by an individual under this section
shall be in full satisfaction of all claims by or on behalf of that
individual against the United States arising from operations under
OPLAN 34A or its predecessor.
(g) Attorney Fees.--Notwithstanding any contract, the
representative of an individual may not receive, for services rendered
in connection with the claim of an individual under this section, more
than ten percent of a payment made under this section on such claim.
(h) No Right to Judicial Review.--All determinations by the
Secretary of Defense pursuant to this section are final and conclusive,
notwithstanding any other provision of law. Claimants under this
program have no right to judicial review, and such review is
specifically precluded.
(i) Reports.--(1) No later than 24 months after the enactment of
this Act, the Secretary of Defense shall submit a report to the
Congress on the payment of claims pursuant to this section.
(2) No later than 42 months after the enactment of this Act, the
Secretary of Defense shall submit a final report to the Congress on the
payment of claims pursuant to this section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--General
SEC. 701. IMPLEMENTATION OF REQUIREMENT FOR SELECTED RESERVE DENTAL
INSURANCE PLAN.
(a) Implementation by Contract.--Section 1076b(a) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(a) Authority To Establish
Plan.--'';
(2) by designating the third sentence as paragraph (3); and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following:
``(2) The Secretary shall provide benefits under the plan through
one or more contracts awarded after full and open competition.''.
(b) Schedule for Implementation.--Section 705(b) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 373; 10 U.S.C. 1076b note) is amended--
(1) by striking out ``Beginning not later than October 1,
1996'' in the first sentence and inserting in lieu thereof
``During fiscal year 1997'';
(2) by striking out ``fiscal year 1996'' both places it
appears and inserting in lieu thereof ``fiscal years 1996 and
1997''; and
(3) in the second sentence, by striking out ``by that
date'' and inserting in lieu thereof ``during fiscal year
1997''.
SEC. 702. DENTAL INSURANCE PLAN FOR MILITARY RETIREES AND CERTAIN
DEPENDENTS.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076b the following new section:
``Sec. 1076c. Military retirees' dental insurance plan
``(a) Requirement.--(1) The Secretary of Defense shall establish a
dental insurance plan for--
``(A) members and former members of the armed forces who
are entitled to retired or retainer pay;
``(B) members of the Retired Reserve who, except for not
having attained 60 years of age, would be entitled to retired
pay; and
``(C) eligible dependents of members and former members
covered by the enrollment of such members or former members in
the plan.
``(2) The dental insurance plan shall provide for voluntary
enrollment of participants and shall authorize a member or former
member to enroll for self only or for self and eligible dependents.
``(3) The plan shall be administered under regulations prescribed
by the Secretary of Defense, in consultation with the Secretary of
Transportation.
``(b) Premiums.--(1) Subject to paragraph (2), a member or former
member enrolled in the dental insurance plan shall pay the premiums
charged for the insurance coverage. The amount of the premiums payable
by a member or former member entitled to retired or retainer pay shall
be deducted and withheld from the retired or retainer pay and shall be
disbursed to pay the premiums. The regulations prescribed under
subsection (a)(3) shall specify the procedures for payment of the
premiums by other enrolled members and former members.
``(2) The Secretary of Defense may provide for premium-sharing
between the Department of Defense and the members and former members
enrolled in the plan.
``(c) Benefits Available Under Plan.--The dental insurance plan
established under subsection (a) shall provide benefits for basic
dental care and treatment, including diagnostic services, preventative
services, basic restorative services (including endodontics), surgical
services, and emergency services.
``(d) Coverage.--(1) The Secretary shall prescribe a minimum
required period for enrollment by a member or former member in the
dental insurance plan established under subsection (a).
``(2) The Secretary shall terminate the enrollment in the plan of
any member or former member, and any dependents covered by the
enrollment, upon the occurrence of one of the following events:
``(A) Termination of the member or former member's
entitlement to retired pay or retainer pay.
``(B) Termination of the member or former member's status
as a member of the Retired Reserve.
``(e) Continuation of Dependents' Enrollment Upon Death of
Enrollee.--Coverage of a dependent under an enrollment of a member or
former member who dies during the period of enrollment shall continue
until the end of that period, except that the coverage may be
terminated on any earlier date when the premiums paid are no longer
sufficient to cover continuation of the enrollment. The Secretary shall
prescribe in regulations the parties responsible for paying the
remaining premiums due on the enrollment and the manner for collection
of the premiums.
``(f) Eligible Dependent Defined.--In this section, the term
`eligible dependent' means a dependent described in subparagraph (A),
(D), or (I) of section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076b the
following new item:
``1076c. Military retirees' dental insurance plan.''.
(b) Implementation.--Beginning not later than October 1, 1997, the
Secretary of Defense shall offer members and former members of the
Armed Forces referred to in subsection (a)(1) of section 1076c of title
10, United States Code (as added by subsection (a)(1) of this section),
the opportunity to enroll in the dental insurance plan required under
such section and to receive the benefits under the plan immediately
upon enrollment.
SEC. 703. UNIFORM COMPOSITE HEALTH CARE SYSTEM SOFTWARE.
(a) Requirement for Use of Uniform Software.--The Secretary of
Defense, in consultation with the other administering Secretaries,
shall take such action as is necessary promptly--
(1) to provide a uniform software package for use by
providers of health care under the TRICARE program and by
military treatment facilities for the computerized processing
of information; and
(2) to require such providers to use the uniform software
package in connection with providing health care under the
TRICARE program or otherwise under chapter 55 of title 10,
United States Code.
(b) Content of Uniform Software Package.--The uniform software
package required to be used under subsection (a) shall, at a minimum,
provide for processing of the following information:
(1) TRICARE program enrollment.
(2) Determinations of eligibility for health care.
(3) Provider network information.
(4) Eligibility of beneficiaries to receive health benefits
from other sources.
(5) Appointment scheduling.
(c) Modification of Contracts.--Notwithstanding any other provision
of law, the Secretary may modify any existing contract with a health
care provider under the TRICARE program as necessary to require the
health care provider to use the uniform software package required under
subsection (a).
(d) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given such term in section 1072(3) of title 10, United States
Code.
(2) The term ``military treatment facility''--
(A) means a facility of the uniformed services in
which health care is provided under chapter 55 of title
10, United States Codes; and
(B) includes a facility deemed to be a facility of
the uniformed services by virtue of section 911(a) of
the Military Construction Authorization Act, 1982 (42
U.S.C. 248c(a)).
(3) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.
SEC. 704. ENHANCEMENT OF THIRD-PARTY COLLECTION AND SECONDARY PAYER
AUTHORITIES UNDER CHAMPUS.
(a) Retention and Use by Treatment Facilities of Amounts
Collected.--Subsection (g)(1) of section 1095 of title 10, United
States Code, is amended by inserting ``or through'' after ``provided
at''.
(b) Expansion of Definition of Third Party Payer.--Subsection (h)
of such section is amended--
(1) in the first sentence of paragraph (1), by inserting
``and a workers' compensation program or plan'' before the
period; and
(2) in paragraph (2)--
(A) by striking out ``organization and'' and
inserting in lieu thereof a ``organization,''; and
(B) by inserting ``, and a personal injury
protection plan or medical payments benefit plan for
personal injuries resulting from the operation of a
motor vehicle'' before the period.
(c) Applicability of Secondary Payer Requirement.--Section
1079(j)(1) of such title is amended by inserting ``, including any plan
offered by a third party payer (as defined in section 1095(h)(1) of
this title),'' after ``or health plan''.
SEC. 705. CODIFICATION OF AUTHORITY TO CREDIT CHAMPUS COLLECTIONS TO
PROGRAM ACCOUNTS.
(a) Credits to CHAMPUS Accounts.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1079 the following:
``Sec. 1079a. Crediting of CHAMPUS collections to program accounts
``All refunds and other amounts collected by or for the United
States in the administration of the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) shall be credited to the
appropriation available for that program for the fiscal year in which
collected.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1079 the following new item:
``1079a. Crediting of CHAMPUS collections to program accounts.''.
SEC. 706. COMPTROLLER GENERAL REVIEW OF HEALTH CARE ACTIVITIES OF THE
DEPARTMENT OF DEFENSE RELATING TO PERSIAN GULF ILLNESSES.
(a) Medical Research and Clinical Care Programs.--The Comptroller
General shall analyze the effectiveness of the medical research
programs and clinical care programs of the Department of Defense that
relate to illnesses that might have been contracted by members of the
Armed Forces as a result of service in the Southwest Asia theater of
operations during the Persian Gulf War.
(b) Experimental Drugs.--The Comptroller General shall analyze the
scope and effectiveness of the policies of the Department of Defense
with respect to the investigational use of drugs, the experimental use
of drugs, and the use of drugs not approved by the Food and Drug
Administration to treat illnesses referred to in subsection (a).
(c) Administration of Medical Records.--The Comptroller General
shall analyze the administration of medical records by the military
departments in order to assess the extent to which such records
accurately reflect the pre-deployment medical assessments, immunization
records, informed consent releases, complaints during routine sick
call, emergency room visits, visits with unit medics during deployment,
and other relevant medical information relating to the members and
former members referred to in subsection (a) with respect to the
illnesses referred to in that subsection.
(d) Reports.--The Comptroller General shall submit to Congress a
separate report on each of the analyses required under subsections (a),
(b), and (c). The Comptroller General shall submit the reports not
later than March 1, 1997.
SEC. 707. RESTORATION OF PREVIOUS POLICY REGARDING RESTRICTIONS ON USE
OF DEPARTMENT OF DEFENSE MEDICAL FACILITIES.
Section 1093 of title 10, United States Code, is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Restriction on
Use of Funds.--''.
SEC. 708. PLANS FOR MEDICARE SUBVENTION DEMONSTRATION PROGRAMS.
(a) Program for Enrollment in TRICARE Managed Care Option.--(1) Not
later than September 6, 1996, the Secretary of Defense and the
Secretary of Health and Human Services shall jointly submit to Congress
and the President a report that sets forth a specific plan and the
Secretaries' recommendations regarding the establishment of a
demonstration program under which--
(A) military retirees who are eligible for medicare are
permitted to enroll in the managed care option of the Tricare
program; and
(B) the Secretary of Health and Human Services reimburses
the Secretary of Defense from the medicare program on a
capitated basis for the costs of providing health care services
to military retirees who enroll.
(2) The report shall include the following:
(A) The number of military retirees projected to
participate in the demonstration program and the minimum number
of such participants necessary to conduct the demonstration
program effectively.
(B) A plan for notifying military retirees of their
eligibility for enrollment in the demonstration program and for
any other matters connected with enrollment.
(C) A recommendation for the duration of the demonstration
program.
(D) A recommendation for the geographic regions in which
the demonstration program should be conducted.
(E) The appropriate level of capitated reimbursement, and a
schedule for such reimbursement, from the medicare program to
the Department of Defense for health care services provided
enrollees in the demonstration program.
(F) An estimate of the amounts to be allocated by the
Department for the provision of health care services to
military retirees eligible for medicare in the regions in which
the demonstration program is proposed to be conducted in the
absence of the program and an assessment of revisions to such
allocation that would result from the conduct of the program.
(G) An estimate of the cost to the Department and to the
medicare program of providing health care services to medicare
eligible military retirees who enroll in the demonstration
program.
(H) An assessment of the likelihood of cost shifting among
the Department and the medicare program under the demonstration
program.
(I) A proposal for mechanisms for reconciling and
reimbursing any improper payments among the Department and the
medicare program under the demonstration program.
(J) A methodology for evaluating the demonstration program,
including cost analyses.
(K) As assessment of the extent to which the Tricare
program is prepared to meet requirements of the medicare
program for purposes of the demonstration program and the
provisions of law or regulation that would have to be waived in
order to facilitate the carrying out of the demonstration
program.
(L) An assessment of the impact of the demonstration
program on military readiness.
(M) Contingency plans for the provision of health care
services under the demonstration program in the event of the
mobilization of health care personnel.
(N) A recommendation of the reports that the Department and
the Department of Health and Human Services should submit to
Congress describing the conduct of the demonstration program.
(b) Feasability Study for Program for Enrollment in TRICARE Fee-
For-Service Option.--Not later than January 3, 1997, the Secretary of
Defense and the Secretary of Health and Human Services shall jointly
submit to Congress and the President a report on the feasibility and
advisability of expanding the demonstration program referred to in
subsection (a) so as to provide the Department with reimbursement from
the medicare program on a fee-for-service basis for health care
services provided medicare-eligible military retirees who enroll in the
demonstration program. The report shall include a proposal for the
expansion of the program if the expansion is determined to be
advisable.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated in section 301, $75,000,000 shall be made available to
carry out the demonstration program referred to in subsection (a) if
Congress authorizes the program by the end of the Second Session of the
One Hundred Fourth Congress.
SEC. 709. RESEARCH AND BENEFITS RELATING TO GULF WAR SERVICE.
(a) Research.--(1) The Secretary of Defense shall, by contract,
grant, or other transaction, provide for scientific research to be
carried out by entities independent of the Federal Government on
possible causal relationships between the complex of illnesses and
symptoms commonly known as ``Gulf War syndrome'' and the possible
exposures of members of the Armed Forces to chemical warfare agents or
other hazardous materials during Gulf War service.
(2) The Secretary shall prescribe the procedures for making awards
under paragraph (1). The procedures shall--
(A) include a comprehensive, independent peer-review
process for the evaluation of proposals for scientific research
that are submitted to the Department of Defense; and
(B) provide for the final selection of proposals for award
to be based on the scientific merit and program relevance of
the proposed research.
(3) Of the amount authorized to be appropriated under section
301(19), $10,000,000 is available for research under paragraph (1).
(b) Health Care Benefits for Afflicted Children of Gulf War
Veterans.--(1) Under regulations prescribed by the Secretary of
Defense, any child of a Gulf War veteran who has been born after August
2, 1990, and has a congenital defect or catastrophic illness not
excluded from coverage under paragraph (2) is eligible for medical and
dental care under chapter 55 of title 10, United States Code, for the
congenital defect or catastrophic illness, and associated conditions,
of the child.
(2) The administering Secretaries may exclude from coverage under
this subsection--
(A) any congenital defect or catastrophic illness that, as
determined by the Secretary of Defense to a reasonable degree
of scientific certainty on the basis of scientific research, is
not a defect or catastrophic illness that can result in a child
from an exposure of a parent of the child to a chemical warfare
agent or other hazardous material to which members of the Armed
Forces might have been exposed during Gulf War service; and
(B) a particular congenital defect or catastrophic illness
(and any associated condition) of a particular child if the
onset of the defect or illness is determined to have preceded
any possible exposure of the parent or parents of the child to
a chemical warfare agent or other hazardous material during
Gulf War service.
(3) No fee, deductible, or copayment requirement may be imposed or
enforced for medical or dental care provided under chapter 55 of title
10, United States Code, in the case of a child who is eligible for such
care under this subsection (even if the child would otherwise be
subject to such a requirement on the basis of any eligibility for such
care that the child also has under any provision of law other than this
subsection).
(c) Definitions.--(1) In this section:
(A) The term ``Gulf War veteran'' means a veteran of Gulf
War service.
(B) The term ``Gulf War service'' means service on active
duty as a member of the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War.
(C) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.
(D) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(E) The term ``child'' means a natural child.
(2) The Secretary of Defense shall prescribe in regulations a
definition of the terms ``congenital defect'' and ``catastrophic
illness'' for the purposes of this section.
SEC. 710. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND PROSTATE
CANCER.
(a) Members and Former Members.--(1) Section 1074d of title 10,
United States Code, is amended--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Female''; and
(ii) by adding at the end the following new
paragraph:
``(2) Male members and former members of the uniformed services
entitled to medical care under section 1074 or 1074a of this title
shall also be entitled to preventive health care screening for colon or
prostate cancer at such intervals and using such screening methods as
the administering Secretaries consider appropriate.''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(8) Colon cancer screening, at the intervals and using
the screening methods prescribed under subsection (a)(2).''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 1074d. Primary and preventive health care services
(B) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as
follows:
``1074d. Primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer, at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
Subtitle B--Uniformed Services Treatment Facilities
SEC. 721. DEFINITIONS.
In this subtitle:
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary of Transportation, and the
Secretary of Health and Human Services.
(2) The term ``agreement'' means the agreement required
under section 722(b) between the Secretary of Defense and a
designated provider.
(3) The term ``capitation payment'' means an actuarially
sound payment for a defined set of health care services that is
established on a per enrollee per month basis.
(4) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, other than a
beneficiary under section 1074(a) of such title.
(5) The term ``designated provider'' means a public or
nonprofit private entity that was a transferee of a Public
Health Service hospital or other station under section 987 of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
35; 95 Stat. 603) and that, before the date of the enactment of
this Act, was deemed to be a facility of the uniformed services
for the purposes of chapter 55 of title 10, United States Code.
The term includes any legal successor in interest of the
transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the TRICARE
PRIME option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED SERVICES
HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system of the
uniformed services shall include the designated providers.
(b) Agreements to Provide Managed Health Care Services.--(1) After
consultation with the other administering Secretaries, the Secretary of
Defense shall negotiate and enter into an agreement with each
designated provider, under which the designated provider will provide
managed health care services to covered beneficiaries who enroll with
the designated provider.
(2) The agreement shall be entered into on a sole source basis. The
Federal Acquisition Regulation, except for those requirements regarding
competition, issued pursuant to section 25(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c)) shall apply to the agreements
as acquisitions of commercial items.
(3) The implementation of an agreement is subject to availability
of funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier effective
date is agreed upon by the Secretary and the designated provider, the
agreement shall take effect upon the later of the following:
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider whose
service area includes Seattle, Washington, shall implement its
agreement as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation Agreements.--
The Secretary shall extend the participation agreement of a designated
provider in effect immediately before the date of the enactment of this
Act under section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) until the
agreement required by this section takes effect under subsection (c).
(e) Service Area.--The Secretary may not reduce the size of the
service area of a designated provider below the size of the service
area in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1) Unless
otherwise agreed upon by the Secretary and a designated provider, the
designated provider shall comply with necessary and appropriate
administrative requirements established by the Secretary for other
providers of health care services and requirements established by the
Secretary of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C. 1395mm). The
Secretary and the designated provider shall determine and apply only
such administrative requirements as are minimally necessary and
appropriate. A designated provider shall not be required to comply with
a law or regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than five
percent of its primary care enrollment without the approval of the
Secretary, except in the case of primary care contracts between a
designated provider and a primary care contractor in force on the date
of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall offer to
enrollees the health benefit option prescribed and implemented by the
Secretary under section 731 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 1073 note),
including accompanying cost-sharing requirements.
(b) Time for Implementation of Benefit.--A designated provider
shall offer the health benefit option described in subsection (a) to
enrollees upon the later of the following:
(1) The date on which health care services within the
health care delivery system of the uniformed services are
rendered through the TRICARE program in the region in which the
designated provider operates.
(2) October 1, 1996.
(c) Adjustments.--The Secretary may establish a later date under
subsection (b)(2) or prescribe reduced cost-sharing requirements for
enrollees.
SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.
(a) Fiscal Year 1997 Limitation.--(1) During fiscal year 1997, the
number of covered beneficiaries who are enrolled in managed care plans
offered by designated providers may not exceed the number of such
enrollees as of October 1, 1995.
(2) The Secretary may waive the limitation under paragraph (1) if
the Secretary determines that additional enrollment authority for a
designated provider is required to accommodate covered beneficiaries
who are dependents of members of the uniformed services entitled to
health care under section 1074(a) of title 10, United States Code.
(b) Permanent Limitation.--For each fiscal year after fiscal year
1997, the number of enrollees in managed care plans offered by
designated providers may not exceed 110 percent of the number of such
enrollees as of the first day of the immediately preceding fiscal year.
The Secretary may waive this limitation as provided in subsection
(a)(2).
(c) Retention of Current Enrollees.--An enrollee in the managed
care program of a designated provider as of September 30, 1997, or such
earlier date as the designated provider and the Secretary may agree
upon, shall continue receiving services from the designated provider
pursuant to the agreement entered into under section 722 unless the
enrollee disenrolls from the designated provider. Except as provided in
subsection (e), the administering Secretaries may not disenroll such an
enrollee unless the disenrollment is agreed to by the Secretary and the
designated provider.
(d) Additional Enrollment Authority.--Other covered beneficiaries
may also receive health care services from a designated provider,
except that the designated provider may market such services to, and
enroll, only those covered beneficiaries who--
(1) do not have other primary health insurance coverage
(other than medicare coverage) covering basic primary care and
inpatient and outpatient services; or
(2) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered
beneficiaries were users of the health care delivery system of
the uniformed services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a covered
beneficiary who desires to enroll in the managed care program of a
designated provider is also entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.), the covered beneficiary shall elect whether to receive health
care services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee who
subsequently violates the election made under this subsection and
receives benefits under part A of title XVIII of the Social Security
Act.
(f) Information Regarding Eligible Covered Beneficiaries.--The
Secretary shall provide, in a timely manner, a designated provider with
an accurate list of covered beneficiaries within the marketing area of
the designated provider to whom the designated provider may offer
enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection (b), the
Secretary shall require a private facility or health care provider that
is a health care provider under the Civilian Health and Medical Program
of the Uniformed Services to apply the payment rules described in
section 1074(c) of title 10, United States Code, in imposing charges
for health care that the private facility or provider provides to
enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed under
subsection (a) shall be subject to such modifications as the Secretary
considers appropriate. The Secretary may authorize a lower rate than
the maximum rate that would otherwise apply under subsection (a) if the
lower rate is agreed to by the designated provider and the private
facility or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations to
implement this section after consultation with the other administering
Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United States
Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the Secretary
and a designated provider, the form of payment for services provided by
a designated provider shall be full risk capitation. The capitation
payments shall be negotiated and agreed upon by the Secretary and the
designated provider. In addition to such other factors as the parties
may agree to apply, the capitation payments shall be based on the
utilization experience of enrollees and competitive market rates for
equivalent health care services for a comparable population to such
enrollees in the area in which the designated provider is located.
(b) Limitation on Total Payments.--Total capitation payments to a
designated provider shall not exceed an amount equal to the cost that
would have been incurred by the Government if the enrollees had
received their care through a military treatment facility, the TRICARE
program, or the medicare program, as the case may be.
(c) Establishment of Payment Rates on Annual Basis.--The Secretary
and a designated provider shall establish capitation payments on an
annual basis, subject to periodic review for actuarial soundness and to
adjustment for any adverse or favorable selection reasonably
anticipated to result from the design of the program.
(d) Alternative Basis for Calculating Payments.--After September
30, 1999, the Secretary and a designated provider may mutually agree
upon a new basis for calculating capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization
Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c
note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c note).
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
(b) Specific Programs.--Of the amounts made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1997 for
the purpose of carrying out programs sponsored by eligible entities
referred to in subparagraph (D) of section 2411(1) of title 10, United
States Code, that provide procurement technical assistance in
distressed areas referred to in subparagraph (B) of section 2411(2) of
such title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas to allow
effective use of the funds made available in accordance with this
subsection in such areas, the funds shall be allocated among the
Defense Contract Administration Services regions in accordance with
section 2415 of such title.
SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1995'' and
inserting in lieu thereof ``1998''; and
(2) in paragraph (2), by striking out ``1996'' and
inserting in lieu thereof ``1999''.
SEC. 803. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) Authorized Officials.--(1) Subsection (a) of section 845 of the
National Defense Authorization Act for Fiscal Year 1994 (107 Stat.
1547; 10 U.S.C. 2371 note) is amended by inserting ``, the Secretary of
a military department, or any other official designated by the
Secretary of Defense'' after ``Agency''.
(2) Subsection (b)(2) of such section is amended to read as
follows:
``(2) To the maximum extent practicable, competitive procedures
shall be used when entering into agreements to carry out projects under
subsection (a).''.
(b) Extension of Authority.--Subsection (c) of such section is
amended by striking out ``terminate'' and all that follows and
inserting in lieu thereof ``terminate at the end of September 30,
2001.''.
SEC. 804. REVISIONS TO THE PROGRAM FOR THE ASSESSMENT OF THE NATIONAL
DEFENSE TECHNOLOGY AND INDUSTRIAL BASE.
(a) National Defense Program for Analysis of the Technology and
Industrial Base.--Section 2503 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking out ``(1) The Secretary of Defense,
in consultation with the National Defense Technology
and Industrial Base Council'' in paragraph (1) and
inserting in lieu thereof ``The Secretary of Defense,
in consultation with the Secretary of Commerce''; and
(B) by striking out paragraphs (2), (3), and (4);
and
(2) in subsection (c)(3)(A)--
(A) by striking out ``the National Defense
Technology and Industrial Base Council in'' and
inserting in lieu thereof ``the Secretary of Defense
for''; and
(B) by striking out ``and the periodic plans
required by section 2506 of this title''.
(b) Periodic Defense Capability Assessments.--(1) Section 2505 of
title 10, United States Code, is amended to read as follows:
``Sec. 2505. National technology and industrial base: periodic defense
capability assessments
``(a) Periodic Assessment.--Each fiscal year, the Secretary of
Defense shall prepare selected assessments of the capability of the
national technology and industrial base to attain the national security
objectives set forth in section 2501(a) of this title.
``(b) Assessment Process.--The Secretary of Defense shall ensure
that technology and industrial capability assessments--
``(1) describe sectors or capabilities, their underlying
infrastructure and processes;
``(2) analyze present and projected financial performance
of industries supporting the sectors or capabilities in the
assessment; and
``(3) identify technological and industrial capabilities
and processes for which there is potential for the national
industrial and technology base not to be able to support the
achievement of national security objectives.
``(c) Foreign Dependency Considerations.--In the preparation of the
periodic assessments, the Secretary shall include considerations of
foreign dependency.
``(d) Integrated Process.--The Secretary of Defense shall ensure
that consideration of the technology and industrial base assessments is
integrated into the overall budget, acquisition, and logistics support
decision processes of the Department of Defense.''.
(2) Section 2502(b) of title 10, United States Code, is amended--
(A) by striking out ``the following responsibilities:'' and
all that follows through ``effective cooperation'' and
inserting in lieu thereof ``the responsibility to ensure
effective cooperation''; and
(B) by striking out paragraph (2); and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and adjusting the
margin of such paragraphs two ems to the left.
(c) Repeal of Requirement for Periodic Defense Capability Plan.--
Section 2506 of title 10, United States Code, is repealed.
(d) Department of Defense Technology and Industrial Base Policy
Guidance.--Subchapter II of chapter 148 of title 10, United States
Code, is amended by inserting after section 2505 the following new
section 2506:
``Sec. 2506. Department of Defense technology and industrial base
policy guidance
``(a) Departmental Guidance.--The Secretary of Defense shall
prescribe departmental guidance for the attainment of each of the
national security objectives set forth in section 2501(a) of this
title. Such guidance shall provide for technological and industrial
capability considerations to be integrated into the budget allocation,
weapons acquisition, and logistics support decision processes.
``(b) Report to Congress.--The Secretary of Defense shall report on
the implementation of the departmental guidance in the annual report to
Congress submitted pursuant to section 2508 of this title.''.
(e) Annual Report to Congress.--Such subchapter is amended by
inserting after section 2507 the following new section:
``Sec. 2508. Annual report to Congress
``The Secretary of Defense shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives by March 1 of each year a report which shall
include the following information:
``(1) A description of the departmental guidance prepared
pursuant to section 2506 of this title.
``(2) A description of the methods and analyses being
undertaken by the Department of Defense alone or in cooperation
with other Federal agencies, to identify and address concerns
regarding technological and industrial capabilities of the
national technology and industrial base.
``(3) A description of the assessments prepared pursuant to
section 2505 of this title and other analyses used in
developing the budget submission of the Department of Defense
for the next fiscal year.
``(4) Identification of each program designed to sustain
specific essential technological and industrial capabilities
and processes of the national technology and industrial
base.''.
(f) Repeal of Requirement To Coordinate the Encouragement of
Technology Transfer With the Council.--Subsection 2514(c) of title 10,
United States Code, is amended by striking out paragraph (5).
(g) Clerical Amendments.--The table of sections at the beginning of
subchapter II of chapter 148 of title 10, United States Code, is
amended--
(1) by striking out the item relating to section 2506 and
inserting in lieu thereof the following:
``2506. Department of Defense technology and industrial base policy
guidance.'';
and
(2) by adding at the end the following:
``2508. Annual report to Congress.''.
(h) Repeal of Superseded and Executed Law.--Sections 4218, 4219,
and 4220 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 2505 note and 2506 note) are repealed.
SEC. 805. PROCUREMENTS TO BE MADE FROM SMALL ARMS INDUSTRIAL BASE
FIRMS.
(a) Requirement.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2473. Procurements from the small arms industrial base
``(a) Authority To Designate Exclusive Sources.--To the extent that
the Secretary of Defense determines necessary to preserve the part of
the national technology and industrial base that supplies property and
services described in subsection (b), the Secretary may require that
the procurements of such items for the Department of Defense be made
only from the firms listed in the plan entitled `Preservation of
Critical Elements of the Small Arms Industrial Base', dated January 8,
1994, that was prepared by an independent assessment panel of the Army
Science Board.
``(b) Covered Items.--The authority provided in subsection (a)
applies to the following property and services:
``(1) Repair parts for small arms.
``(2) Modifications of parts to improve small arms used by
the armed forces.
``(3) Overhaul of unserviceable small arms of the armed
forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2473. Procurements from the small arms industrial base.''.
SEC. 806. EXCEPTION TO PROHIBITION ON PROCUREMENT OF FOREIGN GOODS.
Section 2534(d)(3) of title 10, United States Code, is amended by
inserting ``or would impede the reciprocal procurement of defense items
under a memorandum of understanding providing for reciprocal
procurement of defense items that is entered into under section 2531 of
this title,'' after ``a foreign country,''.
SEC. 807. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELEVISION FRANCHISE
AGREEMENTS.
(a) Treatment as Contract for Telecommunications Services.--Subject
to subsection (b), a cable television franchise agreement for the
Department of Defense shall be considered a contract for
telecommunications services for purposes of part 49 of the Federal
Acquisition Regulation.
(b) Limitation.--The treatment of a cable television franchise
agreement as a contract for telecommunications services shall be
subject to such terms, conditions, limitations, restrictions, and
requirements relating to the power of the executive branch to treat
such an agreement as such a contract as are identified in the advisory
opinion required under section 823 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
399).
(c) Applicability.--This section applies to cable television
franchise agreements for the Department of Defense only if the United
States Court of Federal Claims states in an advisory opinion referred
to in subsection (b) that it is within the power of the executive
branch to treat cable television franchise agreements for the
construction, installation, or capital improvement of cable television
systems at military installations of the Department of Defense as
contracts under part 49 of the Federal Acquisition Regulation without
violating title VI of the Communications Act of 1934 (47 U.S.C. 521 et
seq.).
SEC. 808. REMEDIES FOR REPRISALS AGAINST CONTRACTOR EMPLOYEE
WHISTLEBLOWERS.
Section 2409(c)(1) of title 10, United States Code, is amended by
striking out subparagraph (B) and inserting in lieu thereof the
following:
``(B) Order the contractor either--
``(i) to reinstate the person to the position that
the person held before the reprisal, together with the
compensation (including back pay), employment benefits,
and other terms and conditions of employment that would
apply to the person in that position if the reprisal
had not been taken; or
``(ii) without reinstating the person, to pay the
person an amount equal to the compensation (including
back pay) that, if the reprisal had not been taken,
would have been paid the person in that position up to
the date on which the head of the agency determines
that the person has been subjected to a reprisal
prohibited under subsection (a).''.
SEC. 809. IMPLEMENTATION OF INFORMATION TECHNOLOGY MANAGEMENT REFORM.
(a) Report.--(1) The Secretary of Defense shall include in the
report submitted in 1997 under section 381 of Public Law 103-337 (108
Stat. 2739) a discussion of the following matters relating to
information resources management by the Federal Government:
(A) The progress made in implementing the Information
Technology Management Reform Act of 1996 (division E of Public
Law 104-106; 110 Stat. 679; 40 U.S.C. 1401 et seq.) and the
amendments made by that Act.
(B) The progress made in implementing the strategy for the
development or modernization of automated information systems
for the Department of Defense, as required by section 366 of
Public Law 104-106 (110 Stat 275; 10 U.S.C. 113 note).
(C) Plans of the Department of Defense for establishing an
integrated framework for management of information resources
within the department.
(2) The discussion of matters under paragraph (1) shall
specifically include a discussion of the following:
(A) The status of the implementation of a set of strategic,
outcome-oriented performance measures.
(B) The specific actions being taken to link the proposed
performance measures to the planning, programming, and
budgeting system of the Department of Defense and to the life-
cycle management processes of the department.
(C) The results of pilot program testing of proposed
performance measures.
(D) The additional training necessary for the
implementation of performance-based information management.
(E) Plans for integrating management improvement programs
of the Department of Defense.
(F) The department-wide actions that are necessary to
comply with the requirements of the following provisions of
law:
(i) The amendments made by the Government
Performance and Results Act of 1993 (Public Law 103-62;
107 Stat. 285).
(ii) The Information Management Reform Act of 1996
(division E of Public Law 104-106; 110 Stat 679; 40
U.S.C. 1401 et seq.) and the amendments made by that
Act.
(iii) Title V of the Federal Acquisition Management
Streamlining Act of 1994 (Public Law 103-355; 108 Stat.
3349) and the amendments made by that title.
(iv) The Chief Financial Officers Act of 1990
(Public Law 101-576; 104 Stat. 2838) and the amendments
made by that Act.
(G) A strategic information resources plan for the
Department of Defense that is based on the strategy of the
Secretary of Defense for support of the department's overall
strategic goals by the core and supporting processes of the
department.
(b) Year 2000 Software Conversion.--(1) The Secretary of Defense
shall ensure that all information technology acquired by the Department
of Defense pursuant to contracts entered into after September 30, 1996,
have the capabilities that comply with time and date standards
established by the National Institute of Standards and Technology or,
if there is no such standard, generally accepted industry standards for
providing fault-free processing of date and date-related data in 2000.
(2) The Secretary, acting through the chief information officers
within the department (as designated pursuant to section 3506 of title
44, United States Code), shall assess all information technology within
the Department of Defense to determine the extent to which such
technology have the capabilities to operate effectively with technology
that meet the standards referred to in paragraph (1).
(3) Not later than January 1, 1997, the Secretary shall submit to
Congress a detailed plan for eliminating any deficiencies identified
pursuant to paragraph (2). The plan shall include--
(A) a prioritized list of all affected programs;
(B) a description of how the deficiencies could affect the
national security of the United States; and
(C) an estimate of the resources that are necessary to
eliminate the deficiencies.
SEC. 810. RESEARCH UNDER TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS.
(a) Conditions for Use of Authority.--Subsection (e) of section
2371 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (A), as so redesignated;
(3) by striking out ``; and'' at the end of subparagraph
(B), as so redesignated, and inserting in lieu thereof a
period;
(4) by inserting ``(1)'' after ``(e) Conditions.--''; and
(5) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(2) A cooperative agreement containing a clause under subsection
(d) or a transaction authorized under subsection (a) may be used for a
research project when the use of a standard contract, grant, or
cooperative agreement for such project is not feasible or
appropriate.''.
(b) Revised Requirement for Annual Report.--Section 2371 of such
title is amended by striking out subsection (h) and inserting in lieu
thereof the following:
``(h) Annual Report.--(1) Not later than 90 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on Department of
Defense use during such fiscal year of--
``(A) cooperative agreements authorized under section 2358
of this title that contain a clause under subsection (d); and
``(B) transactions authorized under subsection (a).
``(2) The report shall include, with respect to the cooperative
agreements and other transactions covered by the report, the following:
``(A) The technology areas in which research projects were
conducted under such agreements or other transactions.
``(B) The extent of the cost-sharing among Federal
Government and non-Federal sources.
``(C) The extent to which the use of the cooperative
agreements and other transactions--
``(i) has contributed to a broadening of the
technology and industrial base available for meeting
Department of Defense needs; and
``(ii) has fostered within the technology and
industrial base new relationships and practices that
support the national security of the United States.
``(D) The total amount of payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause described in
subsection (d) that was included in the cooperative agreements
and transactions, and the amount of such payments, if any, that
were credited to each account established under subsection
(f).''.
(c) Protection of Certain Information From Disclosure.--Such
section, as amended by subsection (b), is further amended by inserting
after subsection (h) the following:
``(i) Protection of Certain Information From Disclosure.--(1)
Disclosure of information described in paragraph (2) is not required,
and may not be compelled, under section 552 of title 5 for five years
after the date on which the information is received by the Department
of Defense.
``(2) Paragraph (1) applies to the following information in the
records of the Department of Defense if the information was submitted
to the department in a competitive or noncompetitive process having the
potential for resulting in an award, to the submitters, of a
cooperative agreement that includes a clause described in subsection
(d) or other transaction authorized under subsection (a):
``(A) Proposals, proposal abstracts, and supporting
documents.
``(B) Business plans submitted on a confidential basis.
``(C) Technical information submitted on a confidential
basis.''.
(d) Division of Section Into Distinct Provisions by Subject
Matter.--(1) Chapter 139 of title 10, United States Code, is amended--
(A) by inserting before the last subsection of section 2371
(relating to cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980)
the following:
``Sec. 2371a. Cooperative research and development agreements under
Stevenson-Wydler Technology Innovation Act of 1980'';
(B) by striking out ``(i) Cooperative Research and
Development Agreements Under Stevenson-Wydler Technology
Innovation Act of 1980.--''; and
(C) in the table of sections at the beginning of such
chapter, by inserting after the item relating to section 2371
the following:
``2371a. Cooperative research and development agreements under
Stevenson-Wydler Technology Innovation Act
of 1980.''.
(2) Section 2358(d) of such title is amended by striking out
``section 2371'' and inserting in lieu thereof ``sections 2371 and
2371a''.
SEC. 811. REPORTING REQUIREMENT UNDER DEMONSTRATION PROJECT FOR
PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND
UTILITY SERVICES FROM LOCAL GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2820) is amended by striking
out ``1996'' and inserting in lieu thereof ``1998''.
SEC. 812. TEST PROGRAMS FOR MODERNIZATION-THROUGH-SPARES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the Army shall report to the Committee on Armed Services
of the Senate and the Committee on National Security of the House of
Representatives on the steps he has taken to ensure that each program
included in the Army's modernization-through-spares program is
conducted in accordance with--
(1) the competition requirements in section 2304 of title
10;
(2) the core logistics requirements in section 2464 of
title 10;
(3) the public-private competition requirements in section
2469 of title 10; and
(4) requirements relating to contract bundling and spare
parts breakout in sections 15(a) and 15(l) of the Small
Business Act (15 U.S.C. 644) and implementing regulations in
the Defense FAR Supplement.
SEC. 813. PILOT PROGRAM FOR TRANSFER OF DEFENSE TECHNOLOGY INFORMATION
TO PRIVATE INDUSTRY.
(a) Program Required.--The Secretary of Defense shall carry out a
pilot program to demonstrate online transfers of information on defense
technologies to businesses in the private sector through an interactive
data network involving Small Business Development Centers of
institutions of higher education.
(b) Computerized Data Base of Defense Technologies.--(1) Under the
pilot program, the Secretary shall enter into an agreement with the
head of an eligible institution of higher education that provides for
such institution--
(A) to develop and maintain a computerized data base of
information on defense technologies;
(B) to make such information available online to--
(i) businesses; and
(ii) other institutions of higher education
entering into partnerships with the Secretary under
subsection (c).
(2) The online accessibility may be established by means of any of,
or any combination of, the following:
(A) Digital teleconferencing.
(B) International Signal Digital Network lines.
(C) Direct modem hookup.
(c) Partnership Network.--Under the pilot program, the Secretary
shall seek to enter into agreements with the heads of several eligible
institutions of higher education having strong business education
programs to provide for the institutions of higher education entering
into such agreements--
(1) to establish interactive computer links with the data
base developed and maintained under subsection (b); and
(2) to assist the Secretary in making information on
defense technologies available online to the broadest
practicable number, types, and sizes of businesses.
(d) Eligible Institutions.--For the purposes of this section, an
institution of higher education is eligible to enter into an agreement
under subsection (b) or (c) if the institution has a Small Business
Development Center.
(e) Defense Technologies Covered.--(1) The Secretary shall
designate the technologies to be covered by the pilot program from
among the existing and experimental technologies that the Secretary
determines--
(A) are useful in meeting Department of Defense needs; and
(B) should be made available under the pilot program to
facilitate the satisfaction of such needs by private sector
sources.
(2) Technologies covered by the program should include technologies
useful for defense purposes that can also be used for nondefense
purposes (without or without modification).
(f) Definitions.--In this section:
(1) The term ``Small Business Development Center'' means a
small business development center established pursuant to
section 21 of the Small Business Act (15 U.S.C. 648).
(2) The term ``defense technology'' means a technology
designated by the Secretary of Defense under subsection (d).
(3) The term ``partnership'' means an agreement entered
into under subsection (c).
(g) Termination of Pilot Program.--The pilot program shall
terminate one year after the Secretary enters into an agreement under
subsection (b).
(h) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 201(4) for university research
initiatives, $3,000,000 is available for the pilot program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
SEC. 901. REPEAL OF REORGANIZATION OF OFFICE OF SECRETARY OF DEFENSE.
Sections 901 and 903 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 399 and 401) are
repealed.
SEC. 902. CODIFICATION OF REQUIREMENTS RELATING TO CONTINUED OPERATION
OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Codification of Existing Law.--(1) Chapter 104 of title 10,
United States Code, is amended by inserting after section 2112 the
following:
``Sec. 2112a. Continued operation of University
``(a) Closure Prohibited.--The University may not be closed.
``(b) Personnel Strength.--During the five-year period beginning on
October 1, 1996, the personnel staffing levels for the University may
not be reduced below the personnel staffing levels for the University
on October 1, 1993.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2112 the
following:
``2112a. Continued operation of University.''.
(b) Repeal of Superseded Law.--(1) Section 922 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 282; 10 U.S.C. 2112 note) is amended by striking out subsection
(a).
(2) Section 1071 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 445; 10 U.S.C. 2112
note) is amended by striking out subsection (b).
SEC. 903. CODIFICATION OF REQUIREMENT FOR UNITED STATES ARMY RESERVE
COMMAND.
(a) Requirement for Army Reserve Command.--(1) Chapter 307 of title
10, United States Code, is amended by inserting after section 3074 the
following:
``Sec. 3074a. United States Army Reserve Command
``(a) Command.--The United States Army Reserve Command is a
separate command of the Army commanded by the Chief of Army Reserve.
``(b) Chain of Command.--Except as otherwise prescribed by the
Secretary of Defense, the Secretary of the Army shall prescribe the
chain of command for the United States Army Reserve Command.
``(c) Assignment of Forces.--The Secretary of the Army--
``(1) shall assign to the United States Army Reserve
Command all forces of the Army Reserve in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Army specified in section 3013 of this
title, shall assign all such forces of the Army Reserve to the
commander of the United States Atlantic Command.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3074 the
following:
``3074a. United States Army Reserve Command.''.
(b) Repeal of Superseded Law.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1620; 10 U.S.C. 3074 note) is repealed.
SEC. 904. TRANSFER OF AUTHORITY TO CONTROL TRANSPORTATION SYSTEMS IN
TIME OF WAR.
(a) Authority of Secretary of Defense.--Section 4742 of title 10,
United States Code, is amended by striking out ``Secretary of the
Army'' and inserting in lieu thereof ``Secretary of Defense''.
(b) Transfer of Section.--Such section, as amended by subsection
(a), is transferred to the end of chapter 157 of such title and is
redesignated as section 2644.
(c) Conforming Amendment.--Section 9742 of such title is repealed.
(d) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 157 of such title is amended by inserting after
the item relating to section 2643 the following new item:
``2644. Control of transportation systems in time of war.''.
(2) The table of sections at the beginning of chapter 447 of such
title is amended by striking out the item relating to section 4742.
(3) The table of sections at the beginning of chapter 947 of such
title is amended by striking out the item relating to section 9742.
SEC. 905. REDESIGNATION OF OFFICE OF NAVAL RECORDS AND HISTORY FUND AND
CORRECTION OF RELATED REFERENCES.
(a) Name of Fund.--Subsection (a) of section 7222 of title 10,
United States Code, is amended by striking out ```Office of Naval
Records and History Fund''' in the second sentence and inserting in
lieu thereof ```Naval Historical Center Fund'''.
(b) Correction of Reference to Administering Office.--Subsection
(a) of such section, as amended by subsection (a), is further amended
by striking out ``Office of Naval Records and History'' in the first
sentence and inserting in lieu thereof ``Naval Historical Center''.
(c) Conforming Reference.--Subsection (c) of such section is
amended by striking out ``Office of Naval Records and History Fund'' in
the second sentence and inserting in lieu thereof ``Naval Historical
Center Fund''.
(d) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 7222. Naval Historical Center Fund''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 631 of title 10, United States Code, is
amended to read as follows:
``7222. Naval Historical Center Fund.''.
SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENT AND
EVALUATION OF CERTAIN INTELLIGENCE OFFICIALS.
(a) In General.--Section 201 of title 10, United States Code, is
amended to read as follows:
``Sec. 201. Certain intelligence officials: consultation and
concurrence regarding appointments; evaluation of
performance
``(a) Consultation Regarding Appointment.--Before submitting a
recommendation to the President regarding the appointment of an
individual to the position of Director of the Defense Intelligence
Agency, the Secretary of Defense shall consult with the Director of
Central Intelligence regarding the recommendation.
``(b) Concurrence in Appointment.--Before submitting a
recommendation to the President regarding the appointment of an
individual to a position referred to in paragraph (2), the Secretary of
Defense shall seek the concurrence of the Director of Central
Intelligence in the recommendation. If the Director does not concur in
the recommendation, the Secretary may make the recommendation to the
President without the Director's concurrence, but shall include in the
recommendation a statement that the Director does not concur in the
recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(c) Performance Evaluations.--(1) The Director of Central
Intelligence shall provide annually to the Secretary of Defense, for
the Secretary's consideration, an evaluation of the performance of the
individuals holding the positions referred to in paragraph (2) in
fulfilling their respective responsibilities with regard to the
National Foreign Intelligence Program.
``(2) The positions referred to in paragraph (1) are the following:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 8 of such title is amended by striking out the
item relating to section 201 and inserting in lieu thereof the
following new item:
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of
performance.''.
SEC. 907. MATTERS TO BE CONSIDERED IN NEXT ASSESSMENT OF CURRENT
MISSIONS, RESPONSIBILITIES, AND FORCE STRUCTURE OF THE
UNIFIED COMBATANT COMMANDS.
The Chairman of the Joint Chiefs of Staff shall consider, as part
of the next periodic review of the missions, responsibilities, and
force structure of the unified combatant commands under section 161(b)
of title 10, United States Code, the following matters:
(1) For each Area of Responsibility of the regional unified
combatant commands--
(A) the foremost threats to United States or allied
security in the near- and long-term;
(B) the total area of ocean and total area of land
encompassed; and
(C) the number of countries and total population
encompassed.
(2) Whether any one Area of Responsibility encompasses a
disproportionately high or low share of threats, mission
requirements, land or ocean area, number of countries, or
population.
(3) The other factors used to establish the current Areas
of Responsibility.
(4) Whether any of the factors addressed under paragraph
(3) account for any apparent imbalances indicated in the
response to paragraph (2).
(5) Whether, in light of recent reductions in the overall
force structure of the Armed Forces, the United States could
better execute its warfighting plans with fewer unified
combatant commands, including--
(A) a total of five or fewer commands, all of which
are regional;
(B) an eastward-oriented command, a westward-
oriented command, and a central command; or
(C) a purely functional command structure,
involving (for example) a first theater command, a
second theater command, a logistics command, a special
contingencies command, and a strategic command.
(6) Whether any missions, staff, facilities, equipment,
training programs, or other assets or activities of the unified
combatant commands are redundant.
(7) Whether warfighting requirements are adequate to
justify the current functional commands.
(8) Whether the exclusion of Russia from a specific Area of
Responsibility presents any difficulties for the unified
combatant commands with respect to contingency planning for
that area and its periphery.
(9) Whether the current geographic boundary between the
Central Command and the European Command through the Middle
East could create command conflicts in the context of fighting
a major regional conflict in the Middle East.
SEC. 908. ACTIONS TO LIMIT ADVERSE EFFECTS OF ESTABLISHMENT OF NATIONAL
MISSILE DEFENSE JOINT PROGRAM OFFICE ON PRIVATE SECTOR
EMPLOYMENT.
The Director of the Ballistic Missile Defense Organization shall
take such actions as are necessary in connection with the establishment
of the National Missile Defense Joint Program Office to ensure that the
establishment of that office does not make it necessary for a Federal
Government contractor to reduce the number of persons employed by the
contractor for supporting the national missile defense development
program at any particular location outside the National Capital Region
(as defined in section 2674(f)(2) of title 10, United States Code).
Subtitle B--National Imagery and Mapping Agency
SEC. 911. SHORT TITLE.
This subtitle may be cited as the ``National Imagery and Mapping
Agency Act of 1996''.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense and
the Intelligence Community of the United States to provide a
single agency focus for the growing number and diverse types of
customers for imagery and geospatial information resources
within the Government, to ensure visibility and accountability
for those resources, and to harness, leverage, and focus rapid
technological developments to serve the imagery, imagery
intelligence, and geospatial information customers.
(2) There is a need for a single Government agency to
solicit and advocate the needs of that growing and diverse pool
of customers.
(3) A single combat support agency dedicated to imagery,
imagery intelligence, and geospatial information could act as a
focal point for support of all imagery intelligence and
geospatial information customers, including customers in the
Department of Defense, the Intelligence Community, and related
agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the
imagery, imagery intelligence, and geospatial information
customers if it were organized--
(A) to carry out its mission responsibilities under
the authority, direction, and control of the Secretary
of Defense, with the advice of the Chairman of the
Joint Chiefs of Staff; and
(B) to carry out its responsibilities to national
intelligence customers in accordance with policies and
priorities established by the Director of Central
Intelligence.
PART I--ESTABLISHMENT
SEC. 921. ESTABLISHMENT, MISSIONS, AND AUTHORITY.
(a) Establishment in Title 10, United States Code.--Part I of
subtitle A of title 10, United States Code, is amended--
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new chapter
22:
``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
``Subchapter Sec.
``I. Establishment, Missions, and Authority................. 441
``II. Maps, Charts, and Geodetic Products................... 451
``III. Personnel Management................................. 461
``IV. Definitions........................................... 471
``SUBCHAPTER I--ESTABLISHMENT, MISSIONS, AND AUTHORITY
``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information support for
foreign countries
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational
information.
``Sec. 441. Establishment
``(a) Establishment.--The National Imagery and Mapping Agency is a
combat support agency of the Department of Defense and has significant
national missions.
``(b) Director.--(1) The Director of the National Imagery and
Mapping Agency is the head of the agency. The President shall appoint
the Director.
``(2)(A) Upon a vacancy in the position of Director, the Secretary
of Defense shall recommend to the President an individual for
appointment to the position.
``(B) The Secretary shall seek the concurrence of the Director of
Central Intelligence in recommending an individual for appointment
under subparagraph (A). If the Director does not concur in the
recommendation, the Secretary may make the recommendation to the
President without the Director's concurrence, but shall include in the
recommendation a statement that the Director does not concur in the
recommendation.
``(3) If an officer of the armed forces is appointed to the
position of Director under this subsection, the position is a position
of importance and responsibility for purposes of section 601 of this
title and carries the grade of lieutenant general, or, in the case of
an officer of the Navy, vice admiral.
``(c) Collection Tasking Authority.--The Director of Central
Intelligence shall have authority to approve collection requirements,
determine collection priorities, and resolve conflicts in collection
priorities levied on national imagery collection assets, except as
otherwise agreed by the Director and the Secretary of Defense pursuant
to the direction of the President.
``Sec. 442. Missions
``(a) Department of Defense Missions.--The National Imagery and
Mapping Agency shall--
``(1) provide timely, relevant, and accurate imagery,
imagery intelligence, and geospatial information in support of
the national security objectives of the United States;
``(2) improve means of navigating vessels of the Navy and
the merchant marine by providing, under the authority of the
Secretary of Defense, accurate and inexpensive nautical charts,
sailing directions, books on navigation, and manuals of
instructions for the use of all vessels of the United States
and of navigators generally; and
``(3) prepare and distribute maps, charts, books, and
geodetic products as authorized under subchapter II of this
chapter.
``(b) National Mission.--The National Imagery and Mapping Agency
shall also have national missions as specified in section 120(a) of the
National Security Act of 1947.
``(c) Life Cycle Support.--The National Imagery and Mapping Agency
may, in furtherance of a mission of the agency, design, develop,
deploy, operate, and maintain systems related to the processing and
dissemination of imagery intelligence and geospatial information that
may be transferred to, accepted or used by, or used on behalf of--
``(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or tactical
unit; or
``(2) to any other department or agency of the United
States.
``Sec. 443. Imagery intelligence and geospatial information support for
foreign countries
``(a) Appropriated Funds.--The Director of the National Imagery and
Mapping Agency may use appropriated funds available to the National
Imagery and Mapping Agency to provide foreign countries with imagery
intelligence and geospatial information support.
``(b) Funds Other Than Appropriated Funds.--(1) Subject to
paragraphs (2), (3), and (4), the Director is also authorized to use
funds other than appropriated funds to provide foreign countries with
imagery intelligence and geospatial information support.
``(2) Funds other than appropriated funds may not be expended, in
whole or in part, by or for the benefit of the National Imagery and
Mapping Agency for a purpose for which Congress had previously denied
funds.
``(3) Proceeds from the sale of imagery intelligence or geospatial
information items may be used only to purchase replacement items
similar to the items that are sold.
``(4) Funds other than appropriated funds may not be expended to
acquire items or services for the principal benefit of the United
States.
``(5) The authority to use funds other than appropriated funds
under this section may be exercised notwithstanding provisions of law
relating to the expenditure of funds of the United States.
``(c) Accommodation Procurements.--The authority under this section
may be exercised to conduct accommodation procurements on behalf of
foreign countries.
``(d) Coordination With Director of Central Intelligence.--The
Director shall coordinate with the Director of Central Intelligence any
action under this section that involves imagery intelligence or
intelligence products or involves providing support to an intelligence
or security service of a foreign country.
``Sec. 444. Support from Central Intelligence Agency
``(a) Support Authorized.--The Director of Central Intelligence may
provide support in accordance with this section to the Director of the
National Imagery and Mapping Agency. The Director of the National
Imagery and Mapping Agency may accept support provided under this
section.
``(b) Administrative and Contract Services.--(1) In furtherance of
the national intelligence effort, the Director of Central Intelligence
may provide administrative and contract services to the National
Imagery and Mapping Agency as if that agency were an organizational
element of the Central Intelligence Agency.
``(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of
the National Imagery and Mapping Agency provided security police
services under this section shall be considered an installation of the
Central Intelligence Agency.
``(3) Support provided under this subsection shall be provided
under terms and conditions agreed upon by the Secretary of Defense and
the Director of Central Intelligence.
``(c) Detail of Personnel.--The Director of Central Intelligence
may detail Central Intelligence Agency personnel indefinitely to the
National Imagery and Mapping Agency without regard to any limitation on
the duration of interagency details of Federal Government personnel.
``(d) Reimbursable or Nonreimbursable Support.--Support under this
section may be provided and accepted on either a reimbursable basis or
a nonreimbursable basis.
``(e) Authority To Transfer Funds.--(1) The Director of the
National Imagery and Mapping Agency may transfer funds available for
the agency to the Director of Central Intelligence for the Central
Intelligence Agency.
``(2) The Director of Central Intelligence--
``(A) may accept funds transferred under paragraph (1); and
``(B) shall expend such funds, in accordance with the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.), to provide administrative and contract services or
detail personnel to the National Imagery and Mapping Agency
under this section.
``Sec. 445. Protection of agency identifications and organizational
information
``(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1)
Except with the written permission of the Secretary of Defense, no
person may knowingly use, in connection with any merchandise, retail
product, impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Secretary of Defense, any of
the following:
``(A) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and
Mapping Agency.
``(B) The words `Defense Mapping Agency', the initials
`DMA', or the seal of the Defense Mapping Agency.
``(C) Any colorable imitation of such words, initials, or
seals.
``(2) Whenever it appears to the Attorney General that any person
is engaged or about to engage in an act or practice which constitutes
or will constitute conduct prohibited by paragraph (1), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to a hearing and determination of such action
and may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action as is
warranted, to prevent injury to the United States or to any person or
class of persons for whose protection the action is brought.
``(b) Protection of Organizational Information.--Notwithstanding
any other provision of law, the Director of the National Imagery and
Mapping Agency is not required to disclose the organization of the
agency, any function of the agency, any information with respect to the
activities of the agency, or the names, titles, salaries, or number of
the persons employed by the agency. This subsection does not apply to
disclosures of information to Congress.
``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
``455. Maps, charts, and geodetic data: public availability;
exceptions.
``456. Civil actions barred.
``SUBCHAPTER III--PERSONNEL MANAGEMENT
``Sec.
``461. Civilian personnel management generally.
``462. National Imagery and Mapping Senior Executive Service.
``463. Management rights.
``Sec. 461. Civilian personnel management generally
``(a) General Personnel Authority.--The Secretary of Defense may,
without regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of Federal
employees--
``(1) establish such excepted service positions for
employees in the National Imagery and Mapping Agency as the
Secretary considers necessary to carry out the functions of
those agencies, including positions designated under subsection
(f) as National Imagery and Mapping Senior Level positions;
``(2) appoint individuals to those positions; and
``(3) fix the compensation for service in those positions.
``(b) Authority To Fix Rates of Basic Pay and Other Allowances and
Benefits.--(1) The Secretary of Defense shall, subject to subsection
(c), fix the rates of basic pay for positions established under
subsection (a) in relation to the rates of basic pay provided in
subpart D of part III of title 5 for positions subject to that title
which have corresponding levels of duties and responsibilities. Except
as otherwise provided by law, an employee of the National Imagery and
Mapping Agency may not be paid basic pay at a rate in excess of the
maximum rate payable under section 5376 of title 5.
``(2) The Secretary of Defense may provide employees in positions
of the National Imagery and Mapping Agency compensation (in addition to
basic pay under paragraph (1)) and benefits, incentives, and allowances
consistent with, and not in excess of the levels authorized for,
comparable positions authorized by title 5.
``(c) Prevailing Rates Systems.--The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions of that
title as provide for prevailing rate systems of basic pay and may apply
those provisions to positions in or under which the National Imagery
and Mapping Agency may employ individuals described in section
5342(a)(2)(A) of such title.
``(d) Allowances Based on Living Costs and Environment for
Employees Stationed Outside Continental United States or in Alaska.--
(1) In addition to the basic compensation payable under subsection (b),
employees of the National Imagery and Mapping Agency described in
paragraph (3) may be paid an allowance, in accordance with regulations
prescribed by the Secretary of Defense, at a rate not in excess of the
allowance authorized to be paid under section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.
``(2) Such allowance shall be based on--
``(A) living costs substantially higher than in the
District of Columbia;
``(B) conditions of environment which--
``(i) differ substantially from conditions of
environment in the continental United States; and
``(ii) warrant an allowance as a recruitment
incentive; or
``(C) both of those factors.
``(3) This subsection applies to employees who--
``(A) are citizens or nationals of the United States; and
``(B) are stationed outside the continental United States
or in Alaska.
``(e) Termination of Employees.--(1) Notwithstanding any other
provision of law, the Secretary of Defense may terminate the employment
of any employee of the National Imagery and Mapping Agency if the
Secretary--
``(A) considers such action to be in the interests of the
United States; and
``(B) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security.
``(2) A decision by the Secretary of Defense to terminate the
employment of an employee under this subsection is final and may not be
appealed or reviewed outside the Department of Defense.
``(3) The Secretary of Defense shall promptly notify the Committee
on National Security and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and
the Select Committee on Intelligence of the Senate whenever the
Secretary terminates the employment of any employee under the authority
of this subsection.
``(4) Any termination of employment under this subsection shall not
affect the right of the employee involved to seek or accept employment
with any other department or agency of the United States if that
employee is declared eligible for such employment by the Director of
the Office of Personnel Management.
``(5) The authority of the Secretary of Defense under this
subsection may be delegated only to the Deputy Secretary of Defense and
the Director of the National Imagery and Mapping Agency. An action to
terminate employment of an employee by any such officer may be appealed
to the Secretary of Defense.
``(f) National Imagery and Mapping Senior Level Positions.--(1) In
carrying out subsection (a)(1), the Secretary may designate positions
described in paragraph (3) as National Imagery and Mapping Senior Level
positions.
``(2) Positions designated under this subsection shall be treated
as equivalent for purposes of compensation to the senior level
positions to which section 5376 of title 5 is applicable.
``(3) Positions that may be designated as National Imagery and
Mapping Senior Level positions are positions in the National Imagery
and Mapping Agency that (A) are classified above the GS-15 level, (B)
emphasize function expertise and advisory activity, but (C) do not have
the organizational or program management functions necessary for
inclusion in the National Imagery and Mapping Senior Executive Service.
``(4) Positions referred to in paragraph (3) include National
Imagery and Mapping Senior Technical positions and National Imagery and
Mapping Senior Professional positions. For purposes of this subsection
National Imagery and Mapping Senior Technical positions are positions
covered by paragraph (3) if--
``(A) the positions involve--
``(i) research and development;
``(ii) test and evaluation;
``(iii) substantive analysis, liaison, or advisory
activity focusing on engineering, physical sciences,
computer science, mathematics, biology, chemistry,
medicine, or other closely related scientific and
technical fields; or
``(iv) intelligence disciplines including
production, collection, and operations in close
association with any of the activities described in
clauses (i), (ii), and (iii) or related activities; or
``(B) the positions emphasize staff, liaison, analytical,
advisory, or other activity focusing on intelligence, law,
finance and accounting, program and budget, human resources
management, training, information services, logistics,
security, and other appropriate fields.
``(g) `Employee' Defined as Including Officers.--In this section,
the term `employee', with respect to the National Imagery and Mapping
Agency, includes any civilian officer of that agency.
``Sec. 462. National Imagery and Mapping Senior Executive Service
``(a) Establishment.--The Secretary of Defense may establish a
National Imagery and Mapping Senior Executive Service for senior
civilian personnel within the National Imagery and Mapping Agency.
``(b) Requirements for the Service.--In establishing a National
Imagery and Mapping Senior Executive Service the Secretary shall--
``(1) meet the requirements set forth for the Senior
Executive Service in section 3131 of title 5;
``(2) ensure that the National Imagery and Mapping Senior
Executive Service positions satisfy requirements that are
consistent with the provisions of section 3132(a)(2) of title
5;
``(3) prescribe rates of pay for the National Imagery and
Mapping Senior Executive Service that are not in excess of the
maximum rate of basic pay, nor less than the minimum rate of
basic pay, established for the Senior Executive Service under
section 5382 of title 5;
``(4) provide for adjusting the rates of pay at the same
time and to the same extent as rates of basic pay for the
Senior Executive Service are adjusted;
``(5) provide a performance appraisal system for the
National Imagery and Mapping Senior Executive Service that
conforms to the provisions of subchapter II of chapter 43 of
title 5;
``(6) provide for removal consistent with section 3592 of
title 5, and removal or suspension consistent with subsections
(a), (b), and (c) of section 7543 of title 5 (except that any
hearing or appeal to which a member of the National Imagery and
Mapping Senior Executive Service is entitled shall be held or
decided pursuant to procedures established by the Secretary of
Defense);
``(7) permit the payment of performance awards to members
of the National Imagery and Mapping Senior Executive Service
consistent with the provisions applicable to performance awards
under section 5384 of title 5;
``(8) provide that members of the National Imagery and
Mapping Senior Executive Service may be granted sabbatical
leaves consistent with the provisions of section 3396(c) of
title 5; and
``(9) provide for the recertification of members of the
National Imagery and Mapping Senior Executive Service
consistent with the provisions of section 3393a of title 5.
``(c) Authority.--Except as otherwise provided in subsection (b),
the Secretary of Defense may--
``(1) make applicable to the National Imagery and Mapping
Senior Executive Service any of the provisions of title 5 that
are applicable to applicants for or members of the Senior
Executive Service; and
``(2) appoint, promote, and assign individuals to positions
established within the National Imagery and Mapping Senior
Executive Service without regard to the provisions of title 5
governing appointments and other personnel actions in the
competitive service.
``(d) Award of Rank.--The President, based on the recommendations
of the Secretary of Defense, may award ranks to individuals who occupy
positions in the National Imagery and Mapping Senior Executive Service
in a manner consistent with the provisions of section 4507 of title 5.
``(e) Details and Assignments.--Notwithstanding any other
provisions of this section, the Secretary of Defense may detail or
assign any member of the National Imagery and Mapping Senior Executive
Service to serve in a position outside the National Imagery and Mapping
Agency in which the member's expertise and experience may be of benefit
to the National Imagery and Mapping Agency or another Government
agency. Any such member shall not by reason of such detail or
assignment lose any entitlement or status associated with membership in
the National Imagery and Mapping Senior Executive Service.
``Sec. 463. Management rights
``(a) Scope.--If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United States to
consult or negotiate with a labor organization on a particular matter
by reason of that matter being covered by a provision of law or a
Governmentwide regulation, the Director of the National Imagery and
Mapping Agency is not obligated to consult or negotiate with a labor
organization on that matter even if that provision of law or regulation
is inapplicable to the National Imagery and Mapping Agency.
``(b) Bargaining Units.--The National Imagery and Mapping Agency
shall accord exclusive recognition to a labor organization under
section 7111 of title 5 only for a bargaining unit that was recognized
as appropriate for the Defense Mapping Agency on the day before the
date on which employees and positions of the Defense Mapping Agency in
that bargaining unit became employees and positions of the National
Imagery and Mapping Agency under the National Imagery and Mapping
Agency Act of 1996 (subtitle B of title IX of the National Defense
Authorization Act for Fiscal Year 1997).
``(c) Termination of Bargaining Unit Coverage of Position Modified
To Affect National Security Directly.--(1) If the Director of the
National Imagery and Mapping Agency determines that the
responsibilities of a position within a collective bargaining unit
should be modified to include intelligence, counterintelligence,
investigative, or security duties not previously assigned to that
position and that the performance of the newly assigned duties directly
affects the national security of the United States, then, upon such a
modification of the responsibilities of that position, the position
shall cease to be covered by the collective bargaining unit and the
employee in that position shall cease to be entitled to representation
by a labor organization accorded exclusive recognition for that
collective bargaining unit.
``(2) A determination described in paragraph (1) that is made by
the Director of the National Imagery and Mapping Agency may not be
reviewed by the Federal Labor Relations Authority or any court of the
United States.
``SUBCHAPTER IV--DEFINITIONS
``Sec.
``471. Definitions.
``Sec. 471. Definitions
``In this chapter:
``(1) The term `function' means any duty, obligation,
responsibility, privilege, activity, or program.
``(2)(A) The term `imagery' means, except as provided in
subparagraph (B), a likeness or presentation of any natural or
manmade feature or related object or activity and the
positional data acquired at the same time the likeness or
representation was acquired, including--
``(i) products produced by space-based national
intelligence reconnaissance systems; and
``(ii) likenesses or presentations produced by
satellites, airborne platforms, unmanned aerial
vehicles, or other similar means.
``(B) The term does not include handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.
``(3) The term `imagery intelligence' means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral materials.
``(4) The term `geospatial information' means information
that identifies the geographic location and characteristics of
natural or constructed features and boundaries on the earth and
includes--
``(A) statistical data and information derived
from, among other things, remote sensing, mapping, and
surveying technologies;
``(B) mapping, charting, and geodetic data; and
``(C) geodetic products, as defined in section
455(c) of this title.''.
(b) Transfer of Chapter 167 Provisions.--Sections 2792, 2793, 2794,
2795, 2796, and 2798 of title 10, United States Code, are transferred
to subchapter II of chapter 22 of such title, as added by subsection
(a), are inserted in that sequence in such subchapter following the
table of sections, and are redesignated in accordance with the
following table:
Section Section as
transferred redesignated
2792.................................................... 451
2793.................................................... 452
2794.................................................... 453
2795.................................................... 454
2796.................................................... 455
2798.................................................... 456.
(c) Oversight of Agency as a Combat Support Agency.--Section 193 of
title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and inserting in
lieu thereof ``Review of National Security Agency and
National Imagery and Mapping Agency.--'';
(B) in paragraph (1)--
(i) by inserting ``and the National Imagery
and Mapping Agency'' after ``the National
Security Agency''; and
(ii) by striking out ``the Agency'' and
inserting in lieu thereof ``that the
agencies''; and
(C) in paragraph (2), by inserting ``and the
National Imagery and Mapping Agency'' after ``the
National Security Agency'';
(2) in subsection (e)--
(A) by striking out ``DIA and NSA'' in the caption
and inserting in lieu thereof the following: ``DIA,
NSA, and NIMA.--''; and
(B) by striking out ``and the National Security
Agency'' and inserting in lieu thereof ``, the National
Security Agency, and the National Imagery and Mapping
Agency''; and
(3) in subsection (f), by striking out paragraph (4) and
inserting in lieu thereof the following:
``(4) The National Imagery and Mapping Agency.''.
(d) Special Printing Authority for Agency.--(1) Section
207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (Public
Law 102-392; 44 U.S.C. 501 note) is amended by inserting ``National
Imagery and Mapping Agency,'' after ``Defense Intelligence Agency,''.
(2) Section 1336 of title 44, United States Code, is amended--
(A) by striking out ``Secretary of the Navy'' and inserting
in lieu thereof ``Director of the National Imagery and Mapping
Agency''; and
(B) by striking out ``United States Naval Oceanographic
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
SEC. 922. TRANSFERS.
(a) Department of Defense.--The missions and functions of the
following elements of the Department of Defense are transferred to the
National Imagery and Mapping Agency:
(A) The Defense Mapping Agency.
(B) The Central Imagery Office.
(C) Other elements of the Department of Defense as provided
in the classified annex to this Act.
(b) Central Intelligence Agency.--The missions and functions of the
following elements of the Central Intelligence Agency are transferred
to the National Imagery and Mapping Agency:
(A) The National Photographic Interpretation Center.
(B) Other elements of the Central Intelligence Agency as
provided in the classified annex to this Act.
(c) Personnel and Assets.--(1) Subject to paragraphs (2) and (3),
the personnel, assets, unobligated balances of appropriations and
authorizations of appropriations, and, to the extent jointly determined
appropriate by the Secretary of Defense and Director of Central
Intelligence, obligated balances of appropriations and authorizations
of appropriations employed, used, held, arising from, or available in
connection with the missions and functions transferred under subsection
(a) or (b) are transferred to the National Imagery and Mapping Agency.
A transfer may not be made under the preceding sentence for any program
or function for which funds are not appropriated to the National
Imagery and Mapping Agency for fiscal year 1997. Transfers of
appropriations from the Central Intelligence Agency under this
paragraph shall be made in accordance with section 1531 of title 31,
United States Code.
(2) Not earlier than two years after the effective date of this
subtitle, the Secretary of Defense and the Director of Central
Intelligence shall determine which, if any, positions and personnel of
the Central Intelligence Agency are to be transferred to the National
Imagery and Mapping Agency. The positions to be transferred, and the
employees serving in such positions, shall be transferred to the
National Imagery and Mapping Agency under terms and conditions
prescribed by the Secretary of Defense and the Director of Central
Intelligence.
(3) If the National Photographic Interpretation Center of the
Central Intelligence Agency or any imagery-related activity of the
Central Intelligence Agency authorized to be performed by the National
Imagery and Mapping Agency is not completely transferred to the
National Imagery and Mapping Agency, the Secretary of Defense and the
Director of Central Intelligence shall--
(A) jointly determine which, if any, contracts, leases,
property, and records employed, used, held, arising from,
available to, or otherwise relating to such Center or activity
is to be transferred to the National Imagery and Intelligence
Agency; and
(B) provide by written agreement for the transfer of such
items.
SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL SECURITY ACT
OF 1947.
(a) Agency Functions.--Section 105(b) of the National Security Act
of 1947 (50 U.S.C. 403-5(b)) is amended by striking out paragraph (2)
and inserting in lieu thereof the following:
``(2) through the National Imagery and Mapping Agency
(except as otherwise directed by the President or the National
Security Council), with appropriate representation from the
intelligence community, the continued operation of an effective
unified organization within the Department of Defense--
``(A) for carrying out tasking of imagery
collection;
``(B) for the coordination of imagery processing
and exploitation activities;
``(C) for ensuring the dissemination of imagery in
a timely manner to authorized recipients; and
``(D) notwithstanding any other provision of law,
for--
``(i) prescribing technical architecture
and standards related to imagery intelligence
and geospatial information and ensuring
compliance with such architecture and
standards; and
``(ii) developing and fielding systems of
common concern related o imagery intelligence
and geospatial information;''.
(b) National Mission.--Title I of such Act (50 U.S.C. 402 et seq.)
is amended by adding at the end the following:
``national mission of national imagery and mapping agency
``Sec. 120. (a) In General.--In addition to the Department of
Defense missions set forth in section 442 of title 10, United States
Code, the National Imagery and Mapping Agency shall also support the
imagery requirements of the Department of State and other departments
and agencies of the United States outside the Department of Defense.
``(b) Requirements and Priorities.--The Director of Central
Intelligence shall establish requirements and priorities governing the
collection of national intelligence by the National Imagery and Mapping
Agency under subsection (a).
``(c) Correction of Deficiencies.--The Director of Central
Intelligence shall develop and implement such programs and policies as
the Director and the Secretary jointly determine necessary to review
and correct deficiencies identified in the capabilities of the National
Imagery and Mapping Agency to accomplish assigned national missions.
The Director shall consult with the Secretary of Defense on the
development and implementation of such programs and policies. The
Secretary shall obtain the advice of the Chairman of the Joint Chiefs
of Staff regarding the matters on which the Director and the Secretary
are to consult under the preceding sentence.''.
(c) Tasking of Imagery Assets.--Title I of such Act is further
amended by adding at the end the following:
``collection tasking authority
``Sec. 121. The Director of Central Intelligence shall have
authority to approve collection requirements, determine collection
priorities, and resolve conflicts in collection priorities levied on
national imagery collection assets, except as otherwise agreed by the
Director and the Secretary of Defense pursuant to the direction of the
President.''.
(d) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after section 109 the following new
items:
``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.
SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) Comparable Treatment With Other Intelligence Senior Executive
Services.--Title 5, United States Code, is amended as follows:
(1) In section 2108(3), by inserting ``the National Imagery
and Mapping Senior Executive Service,'' after ``the Senior
Cryptologic Executive Service,'' in the matter following
subparagraph (F)(iii).
(2) In section 6304(f)(1), by--
(A) by striking out ``or'' at the end of
subparagraph (D);
(B) by striking out the period at the end of in
subparagraph (E) and inserting in lieu thereof ``;
or''; and
(C) by adding at the end the following:
``(F) the National Imagery and Mapping Senior
Executive Service.''; and
(3) In sections 8336(h)(2) and 8414(a)(2), by striking out
``or the Senior Cryptologic Executive Service'' and inserting
in lieu thereof ``, the Senior Cryptologic Executive Service,
or the National Imagery and Mapping Senior Executive Service''.
(b) Central Imagery Office Personnel Management Authorities.--
(1) Nonduplication of coverage by defense intelligence
senior executive service.--Section 1601 of title 10, United
States Code, is amended--
(A) in subsection (a), by striking out ``and the
Central Imagery Office'';
(B) in subsection (d), by striking out ``or the
Central Imagery Office in which the member's expertise
and experience may be of benefit to the Defense
Intelligence Agency, the Central Imagery Office,'' in
the first sentence and inserting in lieu thereof ``in
which the member's expertise and experience may be of
benefit to the Defense Intelligence Agency''; and
(C) in subsection (e), by striking out ``and the
Central Imagery Office'' in the first sentence.
(2) Merit pay.--Section 1602 of such title is amended by
striking out ``and Central Imagery Office''.
(3) Miscellaneous authorities.--Subsection 1604 of such
title is amended--
(A) in subsection (a)(1)--
(i) by striking out ``and the Central
Imagery Office''; and
(ii) by striking out ``and Office'';
(B) in subsection (b)--
(i) in paragraph (1), by striking out ``or
the Central Imagery Office'' in the second
sentence; and
(ii) in paragraph (2), by striking out
``and the Central Imagery Office'';
(C) in subsection (c), by striking out ``or the
Central Imagery Office'';
(D) in subsection (d)(1), by striking out ``and the
Central Imagery Office'';
(E) in subsection (e)--
(i) in paragraph (1), by striking out ``or
the Central Imagery Office''; and
(ii) in paragraph (5) by striking out ``,
the Director of the Defense Intelligence Agency
(with respect to employees of the Defense
Intelligence Agency), and the Director of the
Central Imagery Office (with respect to
employees of the Central Imagery Office)'' and
inserting in lieu thereof ``and the Director of
the Defense Intelligence Agency (with respect
to employees of the Defense Intelligence
Agency)'';
(F) in subsection (f)(3), by striking out ``and
Central Imagery Office''; and
(G) in subsection (g)--
(i) by striking out ``or the Central
Imagery Office''; and
(ii) by striking out ``or Office''.
(c) Applicability of Federal Labor-Management Relations System.--
Section 7103(a)(3) of title 5, United States Code is amended--
(1) by inserting ``or'' at the end of subparagraph (F);
(2) by striking out ``; or'' at the end of subparagraph (G)
and inserting in lieu thereof a period; and
(3) by striking out subparagraph (H).
(d) Applicability of Authority and Procedures for Imposing Certain
Adverse Actions.--Section 7511(b)(8) of title 5, United States Code, is
amended by striking out ``Central Imagery Office''.
SEC. 925. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES
OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Mapping
Agency who, on the day before the effective date of this subtitle, was
an employee of the Defense Mapping Agency in a career-conditional
status, the continuous service of that employee as an employee of the
National Imagery and Mapping Agency on and after such date shall be
considered creditable service for the purpose of any determination of
the career status of the employee.
SEC. 926. SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, international
agreements, grants, contracts, leases, certificates, licenses,
registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
connection with any of the functions which are transferred
under this subtitle or any function that the National Imagery
and Mapping Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this
subtitle and are to become effective on or after the effective
date of this subtitle,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of Defense, the Director of the National
Imagery and Mapping Agency or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--This subtitle and the amendments
made by this subtitle shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before an element
of the Department of Defense or Central Intelligence Agency at the time
this subtitle takes effect, with respect to function of that element
transferred by section 922, but such proceedings and applications shall
be continued. Orders shall be issued in such proceedings, appeals shall
be taken therefrom, and payments shall be made pursuant to such orders,
as if this subtitle had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this section
shall be deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or modified if
this subtitle had not been enacted.
(c) Severability.--If any provision of this subtitle (or any
amendment made by this subtitle), or the application of such provision
(or amendment) to any person or circumstance is held unconstitutional,
the remainder of this subtitle (or of the amendments made by this
subtitle) shall not be affected by that holding.
SEC. 927. DEFINITIONS.
In this part, the terms ``function'', ``imagery'', ``imagery
intelligence'', and ``geospatial information'' have the meanings given
those terms in section 461 of title 10, United States Code, as added by
section 921.
SEC. 928. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National Imagery
and Mapping Agency for fiscal year 1997 in amounts and for purposes,
and subject to the terms, conditions, limitations, restrictions, and
requirements, that are set forth in the Classified Annex to this Act.
PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATES
SEC. 931. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States Code (as
redesignated by section 921(a)(1)) is amended by redesignating the
section in that chapter as section 481.
(b) Repeal of Superseded Law.--Chapter 167 of such title, as
amended by section 921(b), is repealed.
SEC. 932. REFERENCES.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Central imagery office.--In sections 2302(a)(2)(C)(ii),
3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B),
5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and
7323(b)(2)(B)(i)(XIII), by striking out ``Central Imagery
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
(2) Director, central imagery office.--In section
6339(a)(2)(E), by striking out ``Central Imagery Office, the
Director of the Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency, the Director of
the National Imagery and Mapping Agency''.
(b) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Central imagery office.--In section 1599(f)(4), by
striking out ``Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency''.
(2) Defense mapping agency.--In sections 451(1), 452, 453,
454, and 455 (in subsections (a) and (b)(1)(C)), and 456, as
redesignated by section 921(b), by striking out ``Defense
Mapping Agency'' each place it appears and inserting in lieu
thereof ``National Imagery and Mapping Agency''.
(c) Other Laws.--
(1) National security act of 1947.--Section 3(4)(E) of the
National Security Act of 1947 (50 U.S.C. 401a(4)(E) is amended
by striking out ``Central Imagery Office'' and inserting in
lieu thereof ``National Imagery and Mapping Agency''.
(2) Ethics in government act of 1978.--Section 105(a) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4) is amended by striking out ``Central Imagery
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
(3) Employee polygraph protection act.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
(Public Law 100-347; 29 U.S.C. 2006(b)(2)(A)(i)) is amended by
striking out ``Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency''.
(d) Cross Reference.--Section 82 of title 14, United States Code,
is amended by striking out ``chapter 167'' and inserting in lieu
thereof ``subchapter II of chapter 22''.
SEC. 933. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) Heading.--The heading of chapter 83 of title 10, United
States Code, is amended to read as follows:
``CHAPTER 83--DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL''.
(2) Clerical amendments.--(A) The table of chapters at the
beginning of subtitle A of title 10, United States Code, is
amended--
(i) by striking out the item relating to chapter 22
and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency................... 441
``23. Miscellaneous Studies and Reports..................... 471'';
(ii) by striking out the item relating to chapter
83 and inserting in lieu thereof the following:
``83. Defense Intelligence Agency Civilian Personnel........ 1601'';
and
(iii) by striking out the item relating to chapter
167.
(B) The table of chapters at the beginning of part I of
such subtitle is amended by striking out the item relating to
chapter 22 and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency................... 441
``23. Miscellaneous Studies and Reports..................... 471'';
(C) The item relating to chapter 83 in the table of
chapters at the beginning of part II of such subtitle is
amended to read as follows:
``83. Defense Intelligence Agency Civilian Personnel........ 1601''.
(D) The table of chapters at the beginning of part IV of
such subtitle is amended by striking out the item relating to
chapter 167.
(E) The item in the table of sections at the beginning of
chapter 23 of title 10, United States Code (as redesignated by
section 921), is amended to read as follows:
``481. Racial and ethnic issues; biennial survey; biennial report.''.
(b) Title 44, United States Code.--
(1) Section heading.--The heading of section 1336 of title
44, United States Code, is amended to read as follows:
``Sec. 1336. National Imagery and Mapping Agency: special
publications''.
(2) Clerical amendment.--The item relating to such section
in the tables of sections at the beginning of chapter 13 of
such title is amended to read as follows:
``1336. National Imagery and Mapping Agency: special publications.''.
SEC. 934. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take effect on
the later of October 1, 1996, or the date of the enactment of an Act
appropriating funds for fiscal year 1997 for the National Imagery and
Mapping Agency.
(b) Exception.--Section 928 shall take effect on the date of the
enactment of this Act.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1997 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR
1996 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may be
obligated and expended for programs, projects, and activities of the
Department of Defense in accordance with fiscal year 1996 defense
appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1996 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1996 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1996 defense appropriations.--The term
``fiscal year 1996 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1996 in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61).
(2) Fiscal year 1996 defense authorizations.--The term
``fiscal year 1996 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense for
fiscal year 1996 in the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106).
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1996.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1996 in the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law
104-134).
SEC. 1004. USE OF FUNDS TRANSFERRED TO THE COAST GUARD.
(a) Limitation.--Funds appropriated to the Department of Defense
for fiscal year 1997 that are transferred to the Coast Guard may be
used only for the performance of national security functions of the
Coast Guard in support of the Department of Defense.
(b) Certification Required.--Funds described in subsection (a) may
not be transferred to the Coast Guard until the Secretary of Defense
and the Secretary of Transportation jointly certify to Congress that
the funds so transferred will be used only as described in subsection
(a).
(c) GAO Audit.--The Comptroller General of the United States
shall--
(1) audit, from time to time, the use of funds transferred
to the Coast Guard from appropriations for the Department of
Defense for fiscal year 1997 in order to verify that the funds
are being used in accordance with the limitation in subsection
(a); and
(2) notify the congressional defense committees of any use
of such funds that, in the judgment of the Comptroller General,
is a significant violation of such limitation.
SEC. 1005. USE OF MILITARY-TO-MILITARY CONTACTS FUNDS FOR PROFESSIONAL
MILITARY EDUCATION AND TRAINING.
Section 168(c) of title 10, United States Code, is amended by
adding at the end the following:
``(9) Military education and training for military and
civilian personnel of foreign countries (including
transportation expenses, expenses for translation services, and
administrative expenses to the extent that the expenses are
related to the providing of such education and training to such
personnel).''.
SEC. 1006. PAYMENT OF CERTAIN EXPENSES RELATING TO HUMANITARIAN AND
CIVIC ASSISTANCE.
Section 401(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Expenses covered by paragraph (1) include the following
expenses incurred in the providing of assistance described in
subsection (e)(5):
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing the assistance.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting
activities described in such subsection (e)(5), including any
nonlethal, individual or small-team landmine cleaning equipment
or supplies that are to be transferred or otherwise furnished
to a foreign country in furtherance of the provision of
assistance under this section.
``(C) The cost of any equipment, services, or supplies
provided pursuant to subparagraph (B) may not exceed $5,000,000
each year.''.
SEC. 1007. REIMBURSEMENT OF DEPARTMENT OF DEFENSE FOR COSTS OF DISASTER
ASSISTANCE PROVIDED OUTSIDE THE UNITED STATES.
Section 404 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Reimbursement Policy.--It is the sense of Congress that,
whenever the President directs the Secretary of Defense to provide
disaster assistance outside the United States under subsection (a)--
``(1) the President should direct the Administrator of the
Agency for International Development to reimburse the
Department of Defense for the cost to the Department of Defense
of the assistance provided; and
``(2) a reimbursement by the Administrator should be paid
out of funds available under chapter 9 of part I of the Foreign
Assistance Act of 1961 for international disaster assistance
for the fiscal year in which the cost is incurred.''.
SEC. 1008. FISHER HOUSE TRUST FUND FOR THE NAVY.
(a) Authority.--Section 2221 of title 10, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Fisher House Trust Fund, Department of the
Navy.'';
(2) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Amounts in the Fisher House Trust Fund, Department of the
Navy, that are attributable to earnings or gains realized from
investments shall be available for the operation and maintenance of
Fisher houses that are located in proximity to medical treatment
facilities of the Navy.''; and
(3) in subsection (d)(1), by striking out ``or the Air
Force'' and inserting in lieu thereof ``, the Air Force, or the
Navy''.
(b) Corpus of Trust Funds.--The Secretary of the Navy shall
transfer to the Fisher House Trust Fund, Department of the Navy,
established by section 2221(a)(3) of title 10, United States Code (as
added by subsection (a)(1)), all amounts in the accounts for Navy
installations and other facilities that, as of the date of the
enactment of this Act, are available for operation and maintenance of
Fisher houses, as defined in section 2221(d) of such title.
(c) Conforming Amendments.--Section 1321 of title 31, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(94) Fisher House Trust Fund, Department of the Navy.'';
and
(2) in subsection (b)(2), by adding at the end the
following:
``(D) Fisher House Trust Fund, Department of the Navy.''.
SEC. 1009. DESIGNATION AND LIABILITY OF DISBURSING AND CERTIFYING
OFFICIALS FOR THE COAST GUARD.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31, United
States Code, is amended by adding at the end the following:
``(3) The Department of Transportation (with respect to
public money available for expenditure by the Coast Guard when
it is not operating as a service in the Navy).''.
(2)(A) Chapter 17 of title 14, United States Code, is amended by
adding at the end the following:
``Sec. 673. Designation, powers, and accountability of deputy
disbursing officials
``(a)(1) Subject to paragraph (3), a disbursing official of the
Coast Guard may designate a deputy disbursing official--
``(A) to make payments as the agent of the disbursing
official;
``(B) to sign checks drawn on disbursing accounts of the
Secretary of the Treasury; and
``(C) to carry out other duties required under law.
``(2) The penalties for misconduct that apply to a disbursing
official apply to a deputy disbursing official designated under this
subsection.
``(3) A disbursing official may make a designation under paragraph
(1) only with the approval of the Secretary of Transportation (when the
Coast Guard is not operating as a service in the Navy).
``(b)(1) If a disbursing official of the Coast Guard dies, becomes
disabled, or is separated from office, a deputy disbursing official may
continue the accounts and payments in the name of the former disbursing
official until the last day of the second month after the month in
which the death, disability, or separation occurs. The accounts and
payments shall be allowed, audited, and settled as provided by law. The
Secretary of the Treasury shall honor checks signed in the name of the
former disbursing official in the same way as if the former disbursing
official had continued in office.
``(2) The deputy disbursing official, and not the former disbursing
official or the estate of the former disbursing official, is liable for
the actions of the deputy disbursing official under this subsection.
``(c)(1) Except as provided in paragraph (2), this section does not
apply to the Coast Guard when section 2773 of title 10 applies to the
Coast Guard by reason of the operation of the Coast Guard as a service
in the Navy.
``(2) A designation of a deputy disbursing official under
subsection (a) that is made while the Coast Guard is not operating as a
service in the Navy continues in effect for purposes of section 2773 of
title 10 while the Coast Guard operates as a service in the Navy unless
and until the designation is terminated by the disbursing official who
made the designation or an official authorized to approve such a
designation under subsection (a)(3) of such section.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``673. Designation, powers, and accountability of deputy disbursing
officials.''.
(b) Designation of Members of the Armed Forces To Have Authority To
Certify Vouchers.--Section 3325(b) of title 31, United States Code, is
amended by striking out ``members of the armed forces under the
jurisdiction of the Secretary of Defense may certify vouchers when
authorized, in writing, by the Secretary to do so'' and inserting in
lieu thereof ``members of the armed forces may certify vouchers when
authorized, in writing, by the Secretary of Defense or, in the case of
the Coast Guard when it is not operating as a service in the Navy, by
the Secretary of Transportation''.
(c) Conforming Amendments.--(1) Section 1007(a) of title 37, United
States Code, is amended by inserting after ``Secretary of Defense'' the
following: ``(or the Secretary of Transportation, in the case of an
officer of the Coast Guard when the Coast Guard is not operating as a
service in the Navy)''.
(2) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) in subparagraph (A)(i), by inserting after ``Department
of Defense'' the following: ``(or the Secretary of
Transportation, in the case of a disbursing official of the
Coast Guard when the Coast Guard is not operating as a service
in the Navy)''; and
(B) in subparagraph (B), by inserting after ``or the
Secretary of the appropriate military department'' the
following: ``(or the Secretary of Transportation, in the case
of a disbursing official of the Coast Guard when the Coast
Guard is not operating as a service in the Navy)''.
SEC. 1010. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION ACTIONS AGAINST
DECEASED MEMBERS OF THE COAST GUARD.
Section 3711(g) of title 31, United States Code, is amended--
(1) in paragraph (1), by striking out ``or Marine Corps''
and inserting in lieu thereof ``Marine Corps, or Coast Guard'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Transportation may suspend or terminate an
action by the Secretary under subsection (a) to collect a claim against
the estate of a person who died while serving on active duty as a
member of the Coast Guard if the Secretary determines that, under the
circumstances applicable with respect to the deceased person, it is
appropriate to do so.''.
SEC. 1011. CHECK CASHING AND EXCHANGE TRANSACTIONS WITH CREDIT UNIONS
OUTSIDE THE UNITED STATES.
Section 3342(b) of title 31, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (5);
(2) by striking out the period at the end of paragraph (6)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(7) a Federal credit union (as defined in section 101(1)
of the Federal Credit Union Act (12 U.S.C. 1752(1)) that is
operating at Department of Defense invitation in a foreign
country where contractor-operated military banking facilities are not
available.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. AUTHORITY TO TRANSFER NAVAL VESSELS.
(a) Egypt.--The Secretary of the Navy may transfer to the
Government of Egypt the ``OLIVER HAZARD PERRY'' frigate GALLERY. Such
transfer shall be on a sales basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761; relating to the foreign military sales
program).
(b) Mexico.--The Secretary of the Navy may transfer to the
Government of Mexico the ``KNOX'' class frigates STEIN (FF 1065) and
MARVIN SHIELDS (FF 1066). Such transfers shall be on a sales basis
under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(c) New Zealand.--The Secretary of the Navy may transfer to the
Government of New Zealand the ``STALWART'' class ocean surveillance
ship TENACIOUS. Such transfer shall be on a sales basis under section
21 of the Arms Export Control Act (22 U.S.C. 2761).
(d) Portugal.--The Secretary of the Navy may transfer to the
Government of Portugal the ``STALWART'' class ocean surveillance ship
AUDACIOUS. Such transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j; relating to
transfers of excess defense articles).
(e) Taiwan.--The Secretary of the Navy may transfer to the Taipei
Economic and Cultural Representative Office in the United States (which
is the Taiwan instrumentality designated pursuant to section 10(a) of
the Taiwan Relations Act) the following:
(1) The ``KNOX'' class frigates AYLWIN (FF 1081), PHARRIS
(FF 1094), and VALDEZ (FF 1096). Such transfers shall be on a
sales basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(2) The ``NEWPORT'' class tank landing ship NEWPORT (LST
1179). Such transfer shall be on a lease basis under section 61
of the Arms Export Control Act (22 U.S.C. 2796).
(f) Thailand.--The Secretary of the Navy may transfer to the
Government of Thailand the ``KNOX'' class frigate OUELLET (FF 1077).
Such transfer shall be on a sales basis under section 21 of the Arms
Export Control Act (22 U.S.C. 2761).
(g) Costs of Transfer.--Any expense of the United States in
connection with a transfer authorized by this section shall be charged
to the recipient.
(h) Repair and Refurbishment of Vessels.--The Secretary of the Navy
shall require, to the maximum extent possible, as a condition of a
transfer of a vessel under this section, that the country to which the
vessel is transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of that country,
performed at a shipyard located in the United States, including a
United States Navy shipyard.
(i) Expiration of Authority.--Any authority for transfer granted by
this section shall expire at the end of the 2-year period beginning on
the date of the enactment of this Act.
SEC. 1022. TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF THE NAVY.
(a) Requirement To Transfer Vessels.--The Secretary of the Navy
shall transfer the six obsolete tugboats of the Navy specified in
subsection (b) to the Northeast Wisconsin Railroad Transportation
Commission, an instrumentality of the State of Wisconsin, if the
Secretary determines that the tugboats are not needed for transfer,
donation, or other disposal under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.). A transfer
made under the preceding sentence shall be made without reimbursement
to the United States.
(b) Vessels Covered.--The requirement in subsection (a) applies to
the six decommissioned Cherokee class tugboats, listed as of the date
of the enactment of this Act as being surplus to the Navy, that are
designated as ATF-105, ATF-110, ATF-149, ATF-158, ATF-159, and ATF-160.
(c) Condition Relating to Environmental Compliance.--The Secretary
shall require as a condition of the transfer of a vessel under
subsection (a) that use of the vessel by the Commission not commence
until the terms of any necessary environmental compliance letter or
agreement with respect to that vessel have been complied with.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions (including a requirement that the
transfer be at no cost to the Government) in connection with the
transfers required by subsection (a) as the Secretary considers
appropriate.
SEC. 1023. REPEAL OF REQUIREMENT FOR CONTINUOUS APPLICABILITY OF
CONTRACTS FOR PHASED MAINTENANCE OF AE CLASS SHIPS.
Section 1016 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 425) is repealed.
SEC. 1024. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) Findings.--Congress reaffirms the findings set forth in section
1013(a) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 422), and makes the following
modifications and supplemental findings:
(1) Since the findings set forth in section 1013(a) of such
Act were originally formulated, the Secretary of the Navy has
exercised options for the acquisition of two of the six
additional large, medium-speed, roll-on/roll-off (LMSR) vessels
that may be acquired by exercise of options provided for under
contracts covering the acquisition of a total of 17 LMSR
vessels.
(2) Therefore, under those contracts, the Secretary has
placed orders for the acquisition of 13 LMSR vessels and has
remaining options for the acquisition of four more LMSR
vessels, all of which would be new construction vessels.
(3) The remaining options allow the Secretary to place
orders for one vessel to be constructed at each of two
shipyards for award before December 31, 1996, and December 31,
1997, respectively.
(b) Sense of Congress.--Congress also reaffirms its declaration of
the sense of Congress, as set forth in section 1013(b) of Public Law
104-106, that the Secretary of the Navy should plan for, and budget to
provide for, the acquisition as soon as possible of a total of 19
large, medium-speed, roll-on/roll-off (LMSR) vessels (the number
determined to be required in the report entitled ``Mobility
Requirements Study Bottom-Up Review Update'', submitted by the
Secretary of Defense to Congress in April 1995), rather than only 17
such vessels (which is the number of vessels under contract as of April
1996).
(c) Additional New Construction Contract Option.--The Secretary of
the Navy should negotiate with each of the two shipyards holding new
construction contracts referred to in subsection (a)(1) (Department of
the Navy contracts numbered N00024-93-C-2203 and N00024-93-C-2205) for
an option under each such contract for construction of one additional
such LMSR vessel, with such option to be available to the Secretary for
exercise not earlier than fiscal year 1998, subject to the availability
of funds authorized and appropriated for such purpose. Nothing in this
subsection shall be construed to preclude the Secretary of the Navy
from competing the award of the two options between the two shipyards
holding new construction contracts referred to in subsection (a)(1).
(d) Report.--The Secretary of the Navy shall submit to the
congressional defense committees, by March 31, 1997, a report stating
the intentions of the Secretary regarding the acquisition of options
for the construction of two additional LMSR vessels as described in
subsection (c).
(e) Repeal of Superseded Provision.--Section 1013 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat 422) is amended by striking out subsection (c).
SEC. 1025. SENSE OF THE SENATE CONCERNING USS LCS 102 (LSSL 102).
It is the sense of the Senate that the Secretary of Defense should
use existing authorities in law to seek the expeditious return, upon
completion of service, of the former USS LCS 102 (LSSL 102) from the
Government of Thailand in order for the ship to be transferred to the
United States Shipbuilding Museum in Quincy, Massachusetts.
Subtitle C--Counter-Drug Activities
SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF MEXICO.
(a) Authority To Provide Additional Support.--Subject to
subsections (e) and (f), the Secretary of Defense may, during fiscal
year 1997, provide the Government of Mexico the support described in
subsection (b) for the counter-drug activities of the Government of
Mexico. Such support shall be in addition to support provided the
Government of Mexico under any other provision of law.
(b) Types of Support.--The Secretary may provide the following
support under subsection (a):
(1) The transfer of spare parts and non-lethal equipment
and materiel, including radios, night vision goggles, global
positioning systems, uniforms, command, control,
communications, and intelligence (C<SUP>3I) integration
equipment, detection equipment, and monitoring equipment.
(2) The maintenance and repair of equipment of the
Government of Mexico that is used for counter-narcotics
activities.
(c) Applicability of Other Support Authorities.--Except as
otherwise provided in this section, the provisions of section 1004 of
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
374 note) shall apply to the provision of support under this section.
(d) Funding.--Of the amounts authorized to be appropriated for
fiscal year 1997 for the Department of Defense for drug interdiction
and counter-drug activities, not more than $10,000,000 shall be
available in that fiscal year for the provision of support under this
section.
(e) Limitations.--(1) The Secretary may not obligate or expend
funds to provide support under this section until 15 days after the
date on which the Secretary submits to the committees referred to in
paragraph (3) the certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a written
certification of the following:
(A) That the provision of support under this section will
not adversely affect the military preparedness of the United
States Armed Forces.
(B) That the equipment and materiel provided as support
will be used only by officials and employees of the Government
of Mexico who have undergone a background check by that
government.
(C) That the Government of Mexico has certified to the
Secretary that--
(i) the equipment and material provided as support
will be used only by the officials and employees
referred to in subparagraph (B);
(ii) none of the equipment or materiel will be
transferred (by sale, gift, or otherwise) to any person
or entity not authorized by the United States to
receive the equipment or materiel; and
(iii) the equipment and materiel will be used only
for the purposes intended by the United States
Government.
(D) That the Government of Mexico has implemented, to the
satisfaction of the Secretary, a system that will provide an
accounting and inventory of the equipment and materiel provided
as support.
(E) That the departments, agencies, and instrumentalities
of the Government of Mexico will grant United States Government
personnel unrestricted access to any of the equipment or
materiel provided as support, or to any of the records relating
to such equipment or materiel, under terms and conditions
similar to the terms and conditions imposed with respect to
such access under section 505(a)(3) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2314(a)(3)).
(F) That the Government of Mexico will provide security
with respect to the equipment and materiel provided as support
that is equivalent to the security that the United States
Government would provide with respect to such equipment and
materiel.
(G) That the Government of Mexico will permit continuous
observation and review by United States Government personnel of
the use of the equipment and materiel provided as support under
terms and conditions similar to the terms and conditions
imposed with respect to such observation and review under
section 505(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2314(a)(3)).
(3) The committees referred to in this paragraph are the following:
(A) The Committees on Armed Services and Foreign Relations
of the Senate.
(B) The Committees on National Security and International
Relations of the House of Representatives.
(f) Prohibition on Provision of Certain Military Equipment.--The
Secretary may not provide as support under this section--
(1) any article of military equipment for which special
export controls are warranted because of the substantial
military utility or capability of such equipment;
(2) any military equipment identified on the United States
Munitions List; or
(3) any of the following military equipment (whether or not
the equipment has been equipped, re-equipped, or modified for
military operations):
(A) Cargo aircraft bearing ``C'' designations,
including aircraft with designations C-45 through C-
125, C-131 aircraft, and aircraft bearing ``C''
designations that use reciprocating engines.
(B) Trainer aircraft bearing ``T'' designations,
including aircraft bearing such designations that use
reciprocating engines or turboprop engines delivering
less than 600 horsepower.
(C) Utility aircraft bearing ``U'' designations,
including UH-1 aircraft and UH/EH-60 aircraft and
aircraft bearing such designations that use
reciprocating engines.
(D) Liaison aircraft bearing ``L'' designations.
(E) Observation aircraft bearing ``O''
designations, including OH-58 aircraft and aircraft
bearing such designations that use reciprocating
engines.
(F) Truck, tractors, trailers, and vans, including
all vehicles bearing ``M'' designations.
SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NATIONAL DRUG
INTELLIGENCE CENTER.
(a) Limitation on Use of Funds.--Except as provided in subsection
(b), funds appropriated or otherwise made available for the Department
of Defense pursuant to this or any other Act may not be obligated or
expended for the National Drug Intelligence Center, Johnstown,
Pennsylvania.
(b) Exception.--If the Attorney General operates the National Drug
Intelligence Center using funds available for the Department of
Justice, the Secretary of Defense may continue to provide Department of
Defense intelligence personnel to support intelligence activities at
the Center. The number of such personnel providing support to the
Center after the date of the enactment of this Act may not exceed the
number of the Department of Defense intelligence personnel who are
supporting intelligence activities at the Center on the day before such
date.
SEC. 1033. INVESTIGATION OF THE NATIONAL DRUG INTELLIGENCE CENTER.
(a) Investigation Required.--The Inspector General of the
Department of Defense, the Inspector General of the Department of
Justice, the Inspector General of the Central Intelligence Agency, and
the Comptroller General of the United States shall--
(1) jointly investigate the operations of the National Drug
Intelligence Center, Johnstown, Pennsylvania; and
(2) not later than March 31, 1997, jointly submit to the
President pro tempore of the Senate and the Speaker of the
House of Representatives a report on the results of the
investigation.
(b) Content of Report.--The joint report shall contain a
determination regarding whether there is a significant likelihood that
the funding of the operation of the National Drug Intelligence Center,
a domestic law enforcement program, through an appropriation under
the control of the Director of Central Intelligence will result in a
violation of the National Security Act of 1947 or Executive Order
12333.
Subtitle D--Matters Relating to Foreign Countries
SEC. 1041. AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE
UNITED STATES AND FOREIGN COUNTRIES.
(a) Exchange Authority.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2350l. Exchange of defense personnel between the United States
and foreign countries
``(a) International Exchange Agreements Authorized.--The Secretary
of Defense is authorized to enter into agreements with the governments
of allies of the United States and other friendly foreign countries for
the exchange of military and civilian personnel of the Department of
Defense and military and civilian personnel of the defense ministries
of such foreign governments.
``(b) Assignment of Personnel.--(1) Pursuant to an agreement
entered into under subsection (a), personnel of the defense ministry of
a foreign government may be assigned to positions in the Department of
Defense, and personnel of the Department of Defense may be assigned to
positions in the defense ministry of that foreign government. Positions
to which exchanged personnel are assigned may include positions of
instructors.
``(2) An agreement for the exchange of personnel engaged in
research and development activities may provide for assignment of
Department of Defense personnel to positions in private industry that
support the defense ministry of the host foreign government.
``(3) A specific position and the individual to be assigned to that
position shall be acceptable to both governments.
``(c) Reciprocity of Personnel Qualifications Required.--Each
government shall be required under an agreement authorized by
subsection (a) to provide personnel having qualifications, training,
and skills that are essentially equal to those of the personnel
provided by the other government.
``(d) Payment of Personnel Costs.--(1) Each government shall pay
the salary, per diem, cost of living, travel, cost of language or other
training, and other costs for its own personnel in accordance with the
laws and regulations of such government that pertain to such matters.
``(2) The requirement in paragraph (1) does not apply to the
following costs:
``(A) Cost of temporary duty directed by the host
government.
``(B) Costs of training programs conducted to familiarize,
orient, or certify exchanged personnel regarding unique aspects
of the exchanged personnel's assignments.
``(C) Costs incident to the use of host government
facilities in the performance of assigned duties.
``(e) Prohibited Conditions.--No personnel exchanged pursuant to an
agreement under this section may take or be required to take an oath of
allegiance to the host country or to hold an official capacity in the
government of such country.
``(f) Relationship to Other Authority.--Nothing in this section
limits any authority of the secretaries of the military departments to
enter into an agreement with the government of a foreign country to
provide for exchange of members of the armed forces and military
personnel of the foreign country except that subsections (c) and (d)
shall apply in the exercise of that authority. The Secretary of Defense
may prescribe regulations for the application of such subsections in
the exercise of such authority.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by adding at the end the
following new item:
``2350l. Exchange of defense personnel between the United States and
foreign countries.''.
SEC. 1042. AUTHORITY FOR RECIPROCAL EXCHANGE OF PERSONNEL BETWEEN THE
UNITED STATES AND FOREIGN COUNTRIES FOR FLIGHT TRAINING.
Section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c)
is amended--
(1) by inserting ``, and for attendance of foreign military
personnel at flight training schools or programs (including
test pilot schools) in the United States,'' after ``(other than
service academies)''; and
(2) by striking out ``and comparable institutions'' and
inserting in lieu thereof `` or flight training schools or
programs, as the case may be, and comparable institutions,
schools, or programs''.
SEC. 1043. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Control Act of 1992
(title XV of Public Law 104-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3)--
(A) by striking out ``fiscal year 1995, or'' and
inserting in lieu thereof ``fiscal year 1995,''; and
(B) by inserting before the period at the end the
following: ``, $15,000,000 for fiscal year 1997, or
$15,000,000 for fiscal year 1998''; and
(2) in subsection (f), by striking out ``fiscal year 1996''
and inserting in lieu thereof ``fiscal year 1998''.
SEC. 1044. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE
IMAGERY RELATING TO ISRAEL AND OTHER COUNTRIES AND AREAS.
(a) Collection and Dissemination.--No department or agency of the
Federal Government may license the collection or dissemination by any
non-Federal entity of satellite imagery with respect to Israel, or to
any other country or geographic area designated by the President for
this purpose, unless such imagery is no more detailed or precise than
satellite imagery of the country or geographic area concerned that is
routinely available from commercial sources.
(b) Declassification and Release.--No department or agency of the
Federal Government may declassify or otherwise release satellite
imagery with respect to Israel, or to any other country or geographic
area designated by the President for this purpose, unless such imagery
is no more detailed or precise than satellite imagery of the country or
geographic area concerned that is routinely available from commercial
sources.
SEC. 1045. DEFENSE BURDENSHARING.
(a) Findings.--Congress makes the following findings:
(1) The United States continues to spend billions of
dollars to promote regional security and to make preparations
for regional contingencies.
(2) United States defense expenditures promote United
States national security interests; however, they also
significantly contribute to the defense of our allies.
(3) In 1993, the gross domestic product of the United
States equaled $6,300,000,000,000, while the gross domestic
product of other NATO member countries totaled
$7,200,000,000,000.
(4) Over the course of 1993, the United States spent 4.7
percent of its gross domestic product on defense, while other
NATO members collectively spent 2.5 percent of their gross
domestic product on defense.
(5) In addition to military spending, foreign assistance
plays a vital role in the establishment and maintenance of
stability in other nations and in implementing the United
States national security strategy.
(6) This assistance has often prevented the outbreak of
conflicts which otherwise would have required costly military
interventions by the United States and our allies.
(7) From 1990-1993, the United States spent $59,000,000,000
in foreign assistance, a sum which represents an amount greater
than any other nation in the world.
(8) In 1995, the United States spent over $10,000,000,000
to promote European security, while European NATO nations only
contributed $2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and a larger
defense budget than its European NATO allies, the United States
shoulders an unfair share of the burden of the common defense.
(10) Japan now pays over 75 percent of the nonpersonnel
costs incurred by United States military forces permanently
assigned there, while our European allies pay for less than 25
percent of these same costs. Japan signed a new Special
Measures Agreement this year which will increase Japan's
contribution toward the cost of stationing United States troops
in Japan by approximately $30,000,000 a year over the next five
years.
(11) These increased contributions help to rectify the
imbalance in the burden shouldered by the United States for the
common defense.
(12) The relative share of the burden of the common defense
still falls too heavily on the United States, and our allies
should dedicate more of their own resources to defending
themselves.
(b) Efforts To Increase Allied Burdensharing.--The President shall
seek to have each nation that has cooperative military relations with
the United States (including security agreements, basing arrangements,
or mutual participation in multinational military organizations or
operations) take one or more of the following actions:
(1) Increase its financial contributions to the payment of
the nonpersonnel costs incurred by the United States Government
for stationing United States military personnel in that nation,
with a goal of achieving the following percentages of such
costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation under this
paragraph may include the elimination of taxes, fees, or other
charges levied on United States military personnel, equipment,
or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(c) Authorities to Encourage Actions by United States Allies.--In
seeking the actions described in subsection (b) with respect to any
nation, or in response to a failure by any nation to undertake one or
more of such actions, the President may take any of the following
measures:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation taxes, fees, or other charges
similar to those that such nation imposes on United States
forces stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1997, the Secretary of Defense shall submit to
Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in subsection (c), to achieve the actions described
in subsection (b); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Report on National Security Bases for Forward Deployment and
Burdensharing Relationships.--(1) In order to ensure the best
allocation of budgetary resources, the President shall undertake a
review of the status of elements of the United States Armed Forces that
are permanently stationed outside the United States. The review shall
include an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the rule
of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the review
under paragraph (1). The report shall be submitted not later than March
1, 1997, in classified and unclassified form.
SEC. 1046. SENSE OF THE SENATE CONCERNING EXPORT CONTROLS.
(a) Findings.--The Senate makes the following findings:
(1) Export controls are a part of a comprehensive response
to national security threats. United States exports should be
restricted where those threats exist to national security,
nonproliferation, and foreign policy interests of the United
States.
(2) The export of certain commodities and technology may
adversely affect the national security and foreign policy of
the United States by making a significant contribution to the
military potential of individual countries or by disseminating
the capability to design, develop, test, produce, stockpile, or
use weapons of mass destruction, missile delivery systems, and
other significant military capabilities. Therefore, the
administration of export controls should emphasize the control
of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose actions or
policies run counter to United States national security or
foreign policy interests may enhance the military capabilities
of those countries, particularly their ability to design,
develop, test, produce, stockpile, use, and deliver nuclear,
chemical, and biological weapons, missile delivery systems, and
other significant military capabilities. This enhancement
threatens the security of the United States and its allies. The
availability to countries and end users of items that
contribute to military capabilities or the proliferation of
weapons of mass destruction is a fundamental concern of the
United States and should be eliminated through deterrence,
negotiations, and other appropriate means whenever possible.
(4) The national security of the United States depends not
only on wise foreign policies and a strong defense, but also a
vibrant national economy. To be truly effective, export
controls should be applied uniformly by all suppliers.
(5) On November 5, 1995, President William J. Clinton
extended Executive Order No. 12938 regarding ``Weapons of Mass
Destruction'', and ``declared a national emergency with respect
to the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
posed by the proliferation of nuclear, biological, and chemical
weapons and the means of delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating
Commission on Multilateral Controls) has not been established.
Currently, each nation is determining independently which dual-
use military items, if any, will be controlled for export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard to the
transfers of sensitive dual-use goods and technologies.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) establishing an international export control regime,
empowered to control exports of dual-use technology, is
critically important and should become a top priority for the
United States; and
(2) the United States should strongly encourage its allies
and friends to--
(A) adopt a commodity control list which governs
the same or similar items as are controlled by the
United States Commodity Control list;
(B) strengthen enforcement activities; and
(C) explore the use of unilateral export controls
where the possibility exists that an export could
contribute to proliferation.
SEC. 1047. REPORT ON NATO ENLARGEMENT.
(a) Report.--Not later than December 1, 1996, the President shall
transmit a report on NATO enlargement to the Committee on Armed
Services and the Committee on Foreign Relations of the Senate and the
Committee on National Security and the Committee on International
Relations of the House of Representatives. The report shall contain a
comprehensive discussion of the following:
(1) Geopolitical and financial costs and benefits,
including financial savings, associated with--
(A) enlargement of NATO;
(B) further delays in the process of NATO
enlargement; and
(C) a failure to enlarge NATO.
(2) Additional NATO and United States military expenditures
requested by prospective NATO members to facilitate their
admission into NATO.
(3) Modifications necessary in NATO's military strategy and
force structure required by the inclusion of new members and
steps necessary to integrate new members, including the role of
nuclear and conventional capabilities, reinforcement, force
deployments, prepositioning of equipment, mobility, and
headquarter locations.
(4) The relationship between NATO enlargement and
transatlantic stability and security.
(5) The state of military preparedness and interoperability
of Central and Eastern European nations as it relates to the
responsibilities of NATO membership and additional security
costs or benefits that may accrue to the United States from
NATO enlargement.
(6) The state of democracy and free market development as
it affects the preparedness of Central and Eastern European
nations for the responsibilities of NATO membership, including
civilian control of the military, the rule of law, human
rights, and parliamentary oversight.
(7) The state of relations between prospective NATO members
and their neighbors, steps taken by prospective members to
reduce tensions, and mechanisms for the peaceful resolution of
border disputes.
(8) The commitment of prospective NATO members to the
principles of the North Atlantic Treaty and the security of the
North Atlantic area.
(9) The effect of NATO enlargement on the political,
economic, and security conditions of European Partnership for
Peace nations not among the first new NATO members.
(10) The relationship between NATO enlargement and EU
enlargement and the costs and benefits of both.
(11) The relationship between NATO enlargement and treaties
relevant to United States and European security, such as the
Conventional Armed Forces in Europe Treaty.
(12) The anticipated impact both of NATO enlargement and
further delays of NATO enlargement on Russian foreign and
defense policies and the costs and benefits of a security
relationship between NATO and Russia.
(b) Independent Assessment.--Not later than 15 days after enactment
of this Act, the Majority Leader of the Senate and the Speaker of the
House of Representatives shall appoint a chairman and two other Members
and the Minority Leaders of the Senate and House of Representatives
shall appoint two Members to serve on a bipartisan review group of
nongovernmental experts to conduct an independent assessment of NATO
enlargement, including a comprehensive review of the issues in
subsection (a) (1) through (12) above. The report of the review group
shall be completed no later than December 1, 1996. The Secretary of
Defense shall furnish the review group administrative and support
services requested by the review group. The expenses of the review
group shall be paid out of funds available for the payment of similar
expenses incurred by the Department of Defense.
(c) Interpretation.--Nothing in this section should be interpreted
or construed to affect the implementation of the NATO Participation Act
of 1994, as amended (Public Law 103-447), or any other program or
activity which facilitates or assists prospective NATO members.
Subtitle E--Miscellaneous Reporting Requirements
SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) Report Required.--Not later than March 1 of each year, the
Chairman of the Joint Chiefs of Staff shall submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives a report on emerging operational concepts.
The report shall contain a description, for the year preceding the year
in which submitted, of the following:
(1) The process undertaken in each of the Army, Navy, Air
Force, and Marine Corps to define and develop doctrine,
operational concepts, organizational concepts, and acquisition
strategies based on--
(A) the potential of emerging technologies for
significantly improving the operational effectiveness
of that armed force;
(B) changes in the international order that may
necessitate changes in the operational capabilities of
that armed force;
(C) emerging capabilities of potential adversary
states; and
(D) changes in defense budget projections that put
existing acquisition programs of the service at risk.
(2) The manner in which the process undertaken in each of
the Army, Navy, Air Force, and Marine Corps is harmonized with
a joint vision and with the similar processes of the other
armed forces to ensure that there is a sufficient consideration
of the development of joint doctrine, operational concepts, and
acquisition strategies.
(3) The manner in which the process undertaken by each of
the Army, Navy, Air Force, and Marine Corps is coordinated
through the Joint Requirements Oversight Council or another
entity to ensure that the results of the process are considered
in the planning, programming, and budgeting process of the
Department of Defense.
(4) Proposals under consideration by the Joint Requirements
Oversight Council or other entity within the Department of
Defense to modify the roles and missions of any of the Army,
Navy, Air Force, and Marine Corps as a result of the processes
described in paragraph (1).
(b) First Report.--The first report under this section shall be
submitted not later than March 1, 1997.
(c) Termination of Requirement After Fourth Report.--
Notwithstanding subsection (a), no report is required under this
section after 2000.
SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.
(a) Annual Plan Required.--On March 1 of each year, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a plan for ensuring that the science and technology
program of the Department of Defense supports the development of the
future joint warfighting capabilities identified as priority
requirements for the Armed Forces.
(b) First Plan.--The first plan shall be submitted not later than
March 1, 1997.
SEC. 1053. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED
FORCES.
(a) Requirement.--Not later than January 31, 1997, the Chairman of
the Joint Chiefs of Staff shall submit to the congressional defense
committees a report on the military readiness requirements of the
active and reserve components of the Armed Forces (including combat
units, combat support units, and combat service support units) prepared
by the officers referred to in subsection (b). The report shall assess
such requirements under a tiered readiness and response system that
categorizes a given unit according to the likelihood that it will be
required to respond to a military conflict and the time in which it
will be required to respond.
(b) Officers.--The report required by subsection (a) shall be
prepared jointly by the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, the Commandant of the
Marine Corps, and the Commander of the Special Operations Command.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario based on the following assumptions:
(1) The conflict is in a generic theater of operations
located anywhere in the world and does not exceed the notional
limits for a major regional contingency.
(2) The forces available for deployment include the forces
described in the Bottom Up Review force structure, including
all planned force enhancements.
(3) Assistance is not available from allies.
(d) Assessment Elements.--The report shall identify by unit type,
and assess the readiness requirements of, all active and reserve
component units. Each such unit shall be categorized within one of the
following classifications:
(1) Forward-deployed and crisis response forces, or ``Tier
I'' forces, that possess limited internal sustainment
capability and do not require immediate access to regional air
bases or ports or overflight rights, including the following:
(A) Force units that are routinely deployed forward
at sea or on land outside the United States.
(B) Combat-ready crises response forces that are
capable of mobilizing and deploying within 10 days
after receipt of orders.
(C) Forces that are supported by prepositioning
equipment afloat or are capable of being inserted into
a theater upon the capture of a port or airfield by
forcible entry forces.
(2) Combat-ready follow-on forces, or ``Tier II'' forces,
that can be mobilized and deployed to a theater within
approximately 60 days after receipt of orders.
(3) Combat-ready conflict resolution forces, or ``Tier
III'' forces, that can be mobilized and deployed to a theater
within approximately 180 days after receipt of orders.
(4) All other active and reserve component force units
which are not categorized within a classification described in
paragraph (1), (2), or (3).
(e) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified annex.
SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY BOARD.
Section 113(c) of title 10, United States Code, is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4) as
subparagraphs (A), (B), and (C), respectively;
(3) by inserting ``(1)'' after ``(c)'';
(4) by inserting ``and'' at the end of subparagraph (B), as
redesignated by paragraph (2); and
(5) by adding at the end the following:
``(2) At the same time that the Secretary submits the annual report
under paragraph (1), the Secretary shall transmit to the President and
Congress a separate report from the Reserve Forces Policy Board on the
reserve programs of the Department of Defense and on any other matters
that the Reserve Forces Policy Board considers appropriate to include
in the report.''.
SEC. 1055. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND RESERVE
COMPONENTS IN FUTURE-YEARS DEFENSE PROGRAMS.
(a) Requirement.--The Secretary of Defense shall specify in each
future-years defense program submitted to Congress after the date of
the enactment of this Act the estimated expenditures and proposed
appropriations for the procurement of equipment and for military
construction for each of the Guard and Reserve components.
(b) Definition.--For purposes of this section, the term ``Guard and
Reserve components'' means the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
(6) The Air National Guard of the United States.
SEC. 1056. REPORT ON FACILITIES USED FOR TESTING LAUNCH VEHICLE
ENGINES.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Administrator of the National Aeronautics and Space Administration,
shall submit to Congress a report on the facilities used for testing
launch vehicle engines.
(b) Content of Report.--The report shall contain an analysis of the
duplication between Air Force and National Aeronautics and Space
Administration hydrogen rocket test facilities and the potential
benefits of further coordinating activities at such facilities.
Subtitle F--Other Matters
SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMENDMENTS.
(a) Technical Amendment Regarding Forfeitures During Confinement
Adjudged by a Court-martial.--(1) Section 858b(a)(1) of title 10,
United States Code (article 58b(a)(1) of the Uniform Code of Military
Justice), is amended--
(A) in the first sentence, by inserting ``(if adjudged by a
general court-martial)'' after ``all pay and''; and
(B) in the third sentence, by striking out ``two-thirds of
all pay and allowances'' and inserting in lieu thereof ``two-
thirds of all pay''.
(2) The amendments made by paragraph (1) shall take effect as of
April 1, 1996, and shall apply to any case in which a sentence is
adjudged by a court-martial on or after that date.
(b) Excepted Service Appointments to Certain Nonattorney Positions
of the United States Court of Appeals for the Armed Forces..--(1)
Subsection (c) of section 943 of title 10, United States Code (article
143(c) of the Uniform Code of Military Justice) is amended in paragraph
(1), by inserting after the first sentence the following: ``A position
of employment under the Court that is provided primarily for the
service of one judge of the court, reports directly to the judge, and
is a position of a confidential character is excepted from the
competitive service.''.
(2) The caption for such subsection is amended by striking out
``attorney'' in the subsection caption and inserting in lieu thereof
``certain''.
(c) Repeal of 13-Year Special Limit on Term of Transitional Judge
of United States Court of Appeals for the Armed Forces.--(1) Subsection
(d)(2) of section 1301 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1575; 10
U.S.C. 942 note) is amended by striking out ``to the judges who are
first appointed to the two new positions of the court created as of
October 1, 1990--'' and all that follows and inserting in lieu thereof
``to the judge who is first appointed to one of the two new positions
of the court created as of October 1, 1990, as designated by the
President at the time of appointment, the anniversary referred to in
subparagraph (A) of that paragraph shall be treated as being the
seventh anniversary and the number of years referred to in subparagraph
(B) of that paragraph shall be treated as being seven.''.
(2) Subsection (e)(1) of such section is amended by striking out
``each judge'' and inserting in lieu thereof ``a judge''.
SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department of
Defense may not be obligated or expended during fiscal year 1997 for
retiring or dismantling, or for preparing to retire or dismantle, any
of the following strategic nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into force
during fiscal year 1997, the Secretary of Defense may waive the
application of the limitation under paragraphs (2), (3), and (4) of
subsection (a) to Trident ballistic missile submarines, Minuteman III
intercontinental ballistic missiles, and Peacekeeper intercontinental
ballistic missiles, respectively, to the extent that the Secretary
determines necessary in order to implement the treaty.
(c) START II Treaty Defined.--In this section, the term ``START II
Treaty'' means the Treaty Between the United States of America and the
Russian Federation on Further Reduction and Limitation of Strategic
Offensive Arms, signed at Moscow on January 3, 1993, including the
following protocols and memorandum of understanding, all such documents
being integral parts of and collectively referred to as the ``START II
Treaty'' (contained in Treaty Document 103-1):
(1) The Protocol on Procedures Governing Elimination of
Heavy ICBMs and on Procedures Governing Conversion of Silo
Launchers of Heavy ICBMs Relating to the Treaty Between the
United States of America and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive Arms (also
known as the ``Elimination and Conversion Protocol'').
(2) The Protocol on Exhibitions and Inspections of Heavy
Bombers Relating to the Treaty Between the United States and
the Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the ``Exhibitions and
Inspections Protocol'').
(3) The Memorandum of Understanding on Warhead Attribution
and Heavy Bomber Data Relating to the Treaty Between the United
States of America and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive Arms (also
known as the ``Memorandum on Attribution'').
(d) Retention of B-52H Aircraft on Active Status.--(1) The
Secretary of the Air Force shall maintain in active status (including
the performance of standard maintenance and upgrades) the current fleet
of B-52H bomber aircraft.
(2) For purposes of carrying out upgrades of B-52H bomber aircraft
during fiscal year 1997, the Secretary shall treat the entire current
fleet of such aircraft as aircraft expected to be maintained in active
status during the five-year period beginning on October 1, 1996.
SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT OF DEFENSE
ORGANIZATIONS.
(a) North American Aerospace Defense Command.--Section 162 of title
10, United States Code, is amended in paragraphs (1), (2), and (3) of
subsection (a) by striking out ``North American Air Defense Command''
and inserting in lieu thereof ``North American Aerospace Defense
Command''.
(b) Defense Distribution Center, Anniston.--The Corporation for the
Promotion of Rifle Practice and Firearms Safety Act (title XVI of
Public Law 104-106; 110 Stat. 515; 36 U.S.C. 5501 et seq.) is amended
by striking out ``Anniston Army Depot'' each place it appears in the
following provisions and inserting in lieu thereof ``Defense
Distribution Depot, Anniston'':
(1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).
(2) Section 1616(b) (36 U.S.C. 5506(b)).
(3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).
SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE ARMED FORCES TO PERFORM
NOTARIAL OR CONSULAR ACTS.
Section 1044a(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``on active duty or
performing inactive-duty for training'' and inserting in lieu
thereof ``of the armed forces, including members of reserve
components who are judge advocates (whether or not in a duty
status)'';
(2) in paragraph (3), by striking out ``adjutants on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``adjutants, including members of reserve
components acting as such an adjutant (whether or not in a duty
status)''; and
(3) in paragraph (4), by striking out ``persons on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``members of the armed forces, including members
of reserve components (whether or not in a duty status),''.
SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT NON-
GOVERNMENT FACILITIES.
(a) Use of Non-Government Facilities.--Section 4105 of title 5,
United States Code, is amended--
(1) by inserting ``and members of a uniformed service under
the jurisdiction of the head of the agency'' after ``employees
of the agency''; and
(2) by adding at the end the following: ``For the purposes
of this section, the term `agency' includes a military
department.''.
(b) Expenses of Training.--Section 4109 of such title is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking out ``under regulations prescribed under
section 4118(a)(8) of this title and'';
(B) in paragraph (1), by inserting after ``an
employee of the agency'' the following: ``, or the pay
of a member of a uniformed service within the agency,
who is''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``or member of a uniformed
service'' after ``reimburse the employee'';
(ii) in subparagraph (A), by striking out
``commissioned officers of the National Oceanic
and Atmospheric Administration'' and inserting
in lieu thereof ``a member of a uniformed
service''; and
(iii) in subparagraph (B), by striking out
``commissioned officers of the National Oceanic
and Atmospheric Administration'' and inserting
in lieu thereof ``a member of a uniformed
service''; and
(2) by adding at the end the following:
``(d) In the exercise of authority under subsection (a) with
respect to an employee of an agency, the head of the agency shall
comply with regulations prescribed under section 4118(a)(8) of this
title.
``(e) For the purposes of this section, the term `agency' includes
a military department.''.
SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR TORTIOUS
INFLICTION OF INJURY OR DISEASE ON MEMBERS OF THE
UNIFORMED SERVICES.
(a) Recovery of Pay and Allowances.--Section 1 of Public Law 87-693
(42 U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``or pay for'' after ``required by
law to furnish''; and
(B) by striking out ``or to be furnished'' each
place that phrase appears and inserting in lieu thereof
``, to be furnished, paid for, or to be paid for'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a), the following new
subsections:
``(b) If a member of the uniformed services is injured, or
contracts a disease, under circumstances creating a tort liability upon
a third person (other than or in addition to the United States and
except employers of seamen referred to in subsection (a)) for damages
for such injury or disease and the member is unable to perform the
member's regular military duties as a result of the injury or disease,
the United States shall have a right (independent of the rights of the
member) to recover from the third person or an insurer of the third
person, or both, the amount equal to the total amount of the pay that
accrues and is to accrue to the member for the period for which the
member is unable to perform such duties as a result of the injury or
disease and is not assigned to perform other military duties.
``(c)(1) If, pursuant to the laws of a State that are applicable in
a case of a member of the uniformed services who is injured or
contracts a disease as a result of tortious conduct of a third person,
there is in effect for such a case (as a substitute or alternative for
compensation for damages through tort liability) a system of
compensation or reimbursement for expenses of hospital, medical,
surgical, or dental care and treatment or for lost pay pursuant to a
policy of insurance, contract, medical or hospital service agreement,
or similar arrangement, the United States shall be deemed to be a
third-party beneficiary of such a policy, contract, agreement, or
arrangement.
``(2) For the purposes of paragraph (1)--
``(A) the expenses incurred or to be incurred by the United
States for care and treatment for an injured or diseased member
as described in subsection (a) shall be deemed to have been
incurred by the member;
``(B) the cost to the United States of the pay of the
member as described in subsection (b) shall be deemed to have
been pay lost by the member as a result of the injury or
disease; and
``(C) the United States shall be subrogated to any right or
claim that the injured or diseased member or the member's
guardian, personal representative, estate, dependents, or
survivors have under a policy, contract, agreement, or
arrangement referred to in paragraph (1) to the extent of the
reasonable value of the care and treatment and the total amount
of the pay deemed lost under subparagraph (B).'';
(4) in subsection (d), as redesignated by paragraph (2), by
inserting ``or paid for'' after ``treatment is furnished''; and
(5) by adding at the end the following:
``(f)(1) Any amounts recovered under this section for medical care
and related services furnished by a military medical treatment facility
or similar military activity shall be credited to the appropriation or
appropriations supporting the operation of that facility or activity,
as determined under regulations prescribed by the Secretary of Defense.
``(2) Any amounts recovered under this section for the cost to the
United States of pay of an injured or diseased member of the uniformed
services shall be credited to the appropriation that supports the
operation of the command, activity, or other unit to which the member
was assigned at the time of the injury or illness, as determined under
regulations prescribed by the Secretary concerned.
``(g) For the purposes of this section:
``(A) The term `uniformed services' has the meaning given
such term in section 1072(1) of title 10, United States Code.
``(B) The term `tortious conduct' includes any tortious
omission.
``(C) The term `pay', with respect to a member of the
uniformed services, means basic pay, special pay, and incentive
pay that the member is authorized to receive under title 37,
United States Code, or any other law providing pay for service
in the uniformed services.
``(D) The term `Secretary concerned' means--
``(i) the Secretary of Defense, with respect to the
Army, the Navy, the Air Force, the Marine Corps, and
the Coast Guard (when it is operating as a service in
the Navy);
``(ii) the Secretary of Transportation, with
respect to the Coast Guard when it is not operating as
a service in the Navy;
``(iii) the Secretary of Health and Human Services,
with respect to the Commissioned Corps of the Public
Health Service; and
``(iv) the Secretary of Commerce, with respect to
the Commissioned Corps of the National Oceanic and
Atmospheric Administration.''.
(b) Conforming Amendments.--Section 1 of Public Law 87-693 (42
U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``(independent of the rights of
the injured or diseased person)'' after ``a right to
recover''; and
(B) by inserting ``, or that person's insurer,''
after ``from said third person'';
(2) in subsection (d), as redesignated by subsection
(a)(2)--
(A) by striking out ``such right,'' and inserting
in lieu thereof ``a right under subsections (a), (b),
and (c)''; and
(B) by inserting ``, or the insurance carrier or
other entity responsible for the payment or
reimbursement of medical expenses or lost pay,'' after
``the third person who is liable for the injury or
disease'' each place that it appears.
(c) Applicability.--The authority to collect pursuant to the
amendments made by this section shall apply to expenses described in
the first section of Public Law 87-693 (as amended by this section)
that are incurred, or are to be incurred, by the United States on or
after the date of the enactment of this Act, whether the event from
which the claim arises occurred before, on, or after that date.
SEC. 1067. DISPLAY OF STATE FLAGS AT INSTALLATIONS AND FACILITIES OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, no funds appropriated or
otherwise made available to the Department of Defense may be used to
adopt or enforce any rule or other prohibition that discriminates
against the display of the official flag of a particular State,
territory, or possession of the United States at an official ceremony
at any installation or other facility of the Department of Defense at
which the official flags of the other States, territories, or
possessions of the United States are being displayed.
(b) Position and Manner of Display.--The display of an official
flag referred to in subsection (a) at an installation or other facility
of the Department shall be governed by the provisions of section 3 of
the Joint Resolution of June 22, 1942 (56 Stat. 378, chapter 435; 36
U.S.C. 175), and any modification of such provisions under section 8 of
that Joint Resolution (36 U.S.C. 178).
SEC. 1068. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC SECURITY
STUDIES.
(a) Authority To Accept Funds, Materials, and Services.--(1) The
Secretary of Defense may, on behalf of the George C. Marshall European
Center for Strategic Security Studies, accept gifts or donations of
funds, materials (including research materials), property, and services
(including lecture services and faculty services) from foreign
governments, foundations and other charitable organizations in foreign
countries, and individuals in foreign countries in order to defray the
costs of the operation of the Center.
(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available for the Department of Defense for
the George C. Marshall European Center for Strategic Security Studies.
Funds so credited shall be merged with the appropriations to which
credited and shall be available for the Center for the same purposes
and same period as the appropriations with which merged.
(b) Participation of Foreign Nations Otherwise Prohibited.--(1) The
Secretary may permit representatives of a foreign government to
participate in a program of the George C. Marshall European Center for
Strategic Security Studies, notwithstanding any other provision of law
that would otherwise prevent representatives of that foreign government
from participating in the program. Before doing so, the Secretary shall
determine, in consultation with the Secretary of State, that the
participation of representatives of that foreign government in the
program is in the national interest of the United States.
(2) Not later than January 31 of each year, the Secretary of
Defense shall, with the assistance of the Director of the Center,
submit to Congress a report setting forth the foreign governments
permitted to participate in programs of the Center during the preceding
year under the authority provided in paragraph (1).
(c) Waiver of Certain Requirements for Board of Visitors.--(1) The
Secretary may waive the application of any financial disclosure
requirement imposed by law to a foreign member of the Board of Visitors
of the Center if that requirement would otherwise apply to the member
solely by reason of the service as a member of the Board. The authority
under the preceding sentence applies only in the case of a foreign
member who serves on the Board without compensation.
(2) Notwithstanding any other provision of law, a member of the
Board of Visitors may not be required to register as an agent of a
foreign government solely by reason of service as a member of the
Board.
SEC. 1069. AUTHORITY TO AWARD TO CIVILIAN PARTICIPANTS IN THE DEFENSE
OF PEARL HARBOR THE CONGRESSIONAL MEDAL PREVIOUSLY
AUTHORIZED ONLY FOR MILITARY PARTICIPANTS IN THE DEFENSE
OF PEARL HARBOR.
(a) Authority.--The Speaker of the House of Representatives and the
President pro tempore of the Senate are authorized jointly to present,
on behalf of Congress, a bronze medal provided for under section 1492
of the National Defense Authorization Act for Fiscal Year 1991 (104
Stat. 1721) to any person who meets the eligibility requirements set
forth in subsection (d) of that section other than the requirement for
membership in the Armed Forces, as certified under subsection (e) of
that section or under subsection (b) of this section.
(b) Certification.--The Secretary of Defense shall, not later than
12 months after the date of the enactment of this Act, certify to the
Speaker of the House of Representatives and the President pro tempore
of the Senate the names of persons who are eligible for award of the
medal under this Act and have not previously been certified under
section 1492(e) of the National Defense Authorization Act for Fiscal
Year 1991.
(c) Applications.--Subsections (d)(2) and (f) of section 1492 of
the National Defense Authorization Act for Fiscal Year 1991 shall apply
in the administration of this Act.
(d) Additional Striking Authority.--The Secretary of the Treasury
shall strike such additional medals as may be necessary for
presentation under the authority of subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sum as may be necessary to carry out this section.
(f) Retroactive Effective Date.--The authority under subsection (a)
shall be effective as of November 5, 1990.
SEC. 1070. MICHAEL O'CALLAGHAN FEDERAL HOSPITAL, LAS VEGAS, NEVADA.
(a) Findings.--Congress makes the following findings:
(1) Michael O'Callaghan, former Governor of the State of
Nevada, served in three branches of the Armed Forces of the
United States, namely, the Army, the Air Force, and the Marine
Corps.
(2) At 16 years of age, Michael O'Callaghan enlisted in the
United States Marine Corps to serve during the end of World War
II.
(3) During the Korean conflict, Michael O'Callaghan served
successively in the Air Force and the Army and, during such
service, suffered wounds in combat that necessitated the
amputation of his left leg.
(4) Michael O'Callaghan was awarded the Silver Star, the
Bronze Star with Valor Device, and the Purple Heart for his
military service.
(5) In 1963, Michael O'Callaghan became the first director
of the Health and Welfare Department of the State of Nevada.
(6) In 1970, Michael O'Callaghan became Governor of the
State of Nevada and served in that position through 1978,
making him one of only five two-term governors in the history
of the State of Nevada.
(7) In 1982, Michael O'Callaghan received the Air Force
Exceptional Service Award.
(8) It is appropriate to name the Nellis Federal Hospital,
Las Vegas, Nevada, a hospital operated jointly by the
Department of Defense, through Nellis Air Force Base, and the
Department of Veterans Affairs, through the Las Vegas Veterans
Affairs Outpatient Clinic, after Michael O'Callaghan, a man who
(A) has served his country with honor in three branches of the
Armed Forces, (B) as a disabled veteran knows personally the
tragic sacrifices that are so often made in the service of his
country in the Armed Forces, and (C) has spent his entire
career working to improve the lives of all Nevadans.
(b) Designation of Michael O'Callaghan Federal Hospital.--The
Nellis Federal Hospital, a Federal building located at 4700 North Las
Vegas Boulevard, Las Vegas, Nevada, is designated as the ``Michael
O'Callaghan Federal Hospital''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (b) shall be deemed to be a reference to the
``Michael O'Callaghan Federal Hospital''.
SEC. 1071. NAMING OF BUILDING AT THE UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
It is the sense of the Senate that the Secretary of Defense should
name Building A at the Uniformed Services University of the Health
Sciences as the ``David Packard Building''.
SEC. 1072. SENSE OF THE SENATE REGARDING THE UNITED STATES-JAPAN
SEMICONDUCTOR TRADE AGREEMENT.
(a) Findings.--The Senate makes the following findings:
(1) The United States and Japan share a long and important
bilateral relationship which serves as an anchor of peace and
stability in the Asia Pacific region, an alliance which was
reaffirmed at the recent summit meeting between President
Clinton and Prime Minister Hashimoto in Tokyo.
(2) The Japanese economy has experienced difficulty over
the past few years, demonstrating that it is no longer possible
for Japan, the world's second largest economy, to use exports
as the sole engine of economic growth, but that the Government
of Japan must promote deregulation of its domestic economy in
order to increase economic growth.
(3) Deregulation of the Japanese economy requires
government attention to the removal of barriers to imports of
manufactured goods.
(4) The United States-Japan Semiconductor Trade Agreement
has begun the process of deregulation in the semiconductor
sector and is opening the Japanese market to competitive
foreign products.
(5) The United States-Japan Semiconductor Trade Agreement
has put in place both government-to-government and industry-to-
industry mechanisms which have played a vital role in allowing
cooperation to replace conflict in this important high
technology sector.
(6) The mechanisms include joint calculation of foreign
market share, deterrence of dumping, and promotion of
industrial cooperation in the design of foreign semiconductor
devices.
(7) Because of these actions under the United States-Japan
Semiconductor Trade Agreement, the United States and Japan
today enjoy trade in semiconductors which is mutually
beneficial, harmonious, and free from the friction that once
characterized the semiconductor industry.
(8) Because of structural barriers in Japan, a gap still
remains between the share of the world market for semiconductor
products outside Japan that the United States and other foreign
semiconductor sources are able to capture through
competitiveness and the share of the Japanese semiconductor
market that the United States and those other sources are able
to capture through competitiveness, and that gap is consistent
across the full range of semiconductor products as well as a
full range of end-use applications.
(9) The competitiveness and health of the United States
semiconductor industry is of critical importance to the overall
economic well-being and high technology defense capabilities of
the United States.
(10) The economic interests of both the United States and
Japan are best served by well functioning, open markets,
deterrence of dumping, and continuing good cooperative
relationships in all sectors, including semiconductors.
(11) A strong and healthy and military and political
alliance between the United States and Japan requires
continuation of the industrial and economic cooperation
promoted by the United States-Japan Semiconductor Trade
Agreement.
(12) President Clinton has called on the Government of
Japan to agree to a continuation of a United States-Japan
Semiconductor Trade Agreement beyond the current agreement's
expiration on July 31, 1996.
(13) The Government of Japan has opposed any continuation
of a government-to-government agreement to promote cooperation
in United States-Japan semiconductor trade.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) it is regrettable that the Government of Japan has
refused to consider continuation of a government-to-government
agreement to ensure that cooperation continues in the
semiconductor sector beyond the expiration of the Semiconductor
Trade Agreement on July 31, 1996; and
(2) the President should take all necessary and appropriate
actions to ensure the continuation of a government-to-
government United States-Japan Semiconductor Trade Agreement
before the current agreement expires on that date.
(c) Definition.--As used in this section, the term ``United States-
Japan Semiconductor Trade Agreement'' refers to the agreement between
the United States and Japan concerning trade in semiconductor products,
with arrangement, done by exchange of letters at Washington on June 11,
1991.
SEC. 1073. FOOD DONATION PILOT PROGRAM AT THE SERVICE ACADEMIES.
(a) Program Authorized.--The Secretaries of the military
departments and the Secretary of Transportation may each carry out a
food donation pilot program at the service academy under the
jurisdiction of the Secretary.
(b) Donations and Collections of Food and Grocery Products.--Under
the pilot program, the Secretary concerned may donate to, and permit
others to collect for, a nonprofit organization any food or grocery
product that--
(1) is--
(A) an apparently wholesome food;
(B) an apparently fit grocery product; or
(C) a food or grocery product that is donated in
accordance with section 402(e) of the National and
Community Service Act of 1990 (42 U.S.C. 12672(e));
(2) is owned by the United States;
(3) is located at a service academy under the jurisdiction
of the Secretary; and
(4) is excess to the requirements of the academy.
(c) Program Commencement.--The Secretary concerned shall commence
carrying out the pilot program, if at all, during fiscal year 1997.
(d) Applicability of Good Samaritan Food Donation Act..--Section
402 of the National and Community Service Act of 1990 (42 U.S.C. 12672)
shall apply to donations and collections of food and grocery products
under the pilot program without regard to section 403 of such Act (42
U.S.C. 12673).
(e) Reports.--(1) Each Secretary that carries out a pilot program
at a service academy under this section shall submit to Congress an
interim report and a final report on the pilot program.
(2) The Secretary concerned shall submit the interim report not
later than one year after the date on which the Secretary commences the
pilot program at a service academy.
(3) The Secretary concerned shall submit the final report not later
than 90 days after the Secretary completes the pilot program at a
service academy.
(4) Each report shall include the following:
(A) A description of the conduct of the pilot program.
(B) A discussion of the experience under the pilot program.
(C) An evaluation of the extent to which section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672)
has been effective in protecting the United States and others
from liabilities associated with actions taken under the pilot
program.
(D) Any recommendations for legislation to facilitate
donations or collections of excess food and grocery products of
the United States or others for nonprofit organizations.
(f) Definitions.--In this section:
(1) The term ``service academy'' means each of the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Coast Guard Academy.
(2) The term ``Secretary concerned'' means the following:
(A) The Secretary of the Army, with respect to the
United States Military Academy.
(B) The Secretary of the Navy, with respect to the
United States Naval Academy.
(C) The Secretary of the Air Force, with respect to
the United States Air Force Academy.
(D) The Secretary of Transportation, with respect
to the United States Coast Guard Academy.
(3) The terms ``apparently fit grocery product'',
``apparently wholesome food'', ``donate'', ``food'', and
``grocery product'' have the meanings given those terms in
section 402(b) of the National and Community Service Act of
1990 (42 U.S.C. 12672(b)).
SEC. 1074. DESIGNATION OF MEMORIAL AS NATIONAL D-DAY MEMORIAL.
(a) Designation.--The memorial to be constructed by the National D-
Day Memorial Foundation in Bedford, Virginia, is hereby designated as a
national memorial to be known as the ``National D-Day Memorial''. The
memorial shall serve to honor the members of the Armed Forces of the
United States who served in the invasion of Normandy, France, in June
1944.
(b) Public Proclamation.--The President is requested and urged to
issue a public proclamation acknowledging the designation of the
memorial to be constructed by the National D-Day Memorial Foundation in
Bedford, Virginia, as the National D-Day Memorial.
(c) Maintenance of Memorial.--All expenses for maintenance and care
of the memorial shall be paid for with non-Federal funds, including
funds provided by the National D-Day Memorial Foundation. The United
States shall not be liable for any expense incurred for the maintenance
and care of the memorial.
SEC. 1075. IMPROVEMENTS TO NATIONAL SECURITY EDUCATION PROGRAM.
(a) Repeal of Temporary Requirement Relating to Employment.--Title
VII of the Department of Defense Appropriations Act, 1996 (Public Law
104-61; 109 Stat. 650), is amended under the heading ``National
Security Education Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--Subsection (a)(1) of section 802
of the David L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1902) is amended--
(1) by striking out subparagraph (A) and inserting in lieu
thereof the following new subparagraph (A):
``(A) awarding scholarships to undergraduate
students who--
``(i) are United States citizens in order
to enable such students to study, for at least
one academic semester or equivalent term, in
foreign countries that are critical countries
(as determined under section 803(d)(4)(A) of
this title) in those languages and study areas
where deficiencies exist (as identified in the
assessments undertaken pursuant to section
806(d) of this title); and
``(ii) pursuant to subsection (b)(2)(A) of
this section, enter into an agreement to work
for, and make their language skills available
to, an agency or office of the Federal
Government or work in the field of higher
education in the area of study for which the
scholarship was awarded;''; and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``relating to the
national security interests of the United States''
after ``international fields''; and
(B) in clause (ii)--
(i) by striking out ``subsection (b)(2)''
and inserting in lieu thereof ``subsection
(b)(2)(B)''; and
(ii) by striking out ``work for an agency
or office of the Federal Government or in'' and
inserting in lieu thereof ``work for, and make
their language skills available to, an agency
or office of the Federal Government or work
in''.
(c) Service Agreement.--Subsection (b) of that section is amended--
(1) in the matter preceding paragraph (1), by striking out
``, or of scholarships'' and all that follows through ``12
months or more,'' and inserting in lieu thereof ``or any
scholarship''.
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph (2):
``(2) will--
``(A) not later than eight years after such
recipient's completion of the study for which
scholarship assistance was provided under the program,
and in accordance with regulations issued by the
Secretary--
``(i) work in an agency or office of the
Federal Government having national security
responsibilities (as determined by the
Secretary in consultation with the National
Security Education Board) and make available
such recipient's foreign language skills to an
agency or office of the Federal Government
approved by the Secretary (in consultation with
the Board), upon the request of the agency or
office, for a period specified by the
Secretary, which period shall be no longer than
the period for which scholarship assistance was
provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no position in an agency or office of the
Federal Government having national security
responsibilities is available, work in the
field of higher education in a discipline
relating to the foreign country, foreign
language, area study, or international field of
study for which the scholarship was awarded,
for a period specified by the Secretary, which
period shall be determined in accordance with
clause (i); or
``(B) upon completion of such recipient's education
under the program, and in accordance with such
regulations--
``(i) work in an agency or office of the
Federal Government having national security
responsibilities (as so determined) and make
available such recipient's foreign language
skills to an agency or office of the Federal
Government approved by the Secretary (in
consultation with the Board), upon the request
of the agency or office, for a period specified
by the Secretary, which period shall be not
less than one and not more than three times the
period for which the fellowship assistance was
provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no position in an agency or office of the
Federal Government having national security
responsibilities is available upon the
completion of the degree, work in the field of
higher education in a discipline relating to
the foreign country, foreign language, area
study, or international field of study for
which the fellowship was awarded, for a period
specified by the Secretary, which period shall
be established in accordance with clause (i);
and''.
(d) Evaluation of Progress in Language Skills.--Such section 802 is
further amended by--
(1) redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Evaluation of Progress in Language Skills.--The Secretary
shall, through the National Security Education Program office,
administer a test of the foreign language skills of each recipient of a
scholarship or fellowship under this title before the commencement of
the study or education for which the scholarship or fellowship is
awarded and after the completion of such study or education. The
purpose of the tests is to evaluate the progress made by recipients of
scholarships and fellowships in developing foreign language skills as a
result of assistance under this title.''.
(e) Functions of the National Security Education Board.--Section
803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(1) in paragraph (1), by inserting ``, including an order
of priority in such awards that favors individuals expressing
an interest in national security issues or pursuing a career in
an agency or office of the Federal Government having national
security responsibilities'' before the period;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking out ``Make recommendations'' and inserting in
lieu thereof ``After taking into account the annual
analyses of trends in language, international, and area
studies under section 806(b)(1), make
recommendations'';
(B) in subparagraph (A), by inserting ``and
countries which are of importance to the national
security interests of the United States'' after ``are
studying''; and
(C) in subparagraph (B), by inserting ``relating to
the national security interests of the United States''
after ``of this title'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) Encourage applications for fellowships under this
title from graduate students having an educational background
in disciplines relating to science or technology.
``(6) Provide the Secretary on an on-going basis with a
list of scholarship recipients and fellowship recipients who
are available to work for, or make their language skills
available to, an agency or office of the Federal Government
having national security responsibilities.''.
(f) Report on Program.--(1) Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report assessing the improvements to the program
established under the David L. Boren National Security Education Act of
1991 (title VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) that
result from the amendments made by this section.
(2) The report shall also include an assessment of the contribution
of the program, as so improved, in meeting the national security
objectives of the United States.
SEC. 1076. REIMBURSEMENT FOR EXCESSIVE COMPENSATION OF CONTRACTOR
PERSONNEL PROHIBITED.
(a) Armed Services Procurements.--Section 2324(e)(1) of title 10,
United States Code, is amended by adding at the end the following:
``(P) Costs of compensation (including bonuses and
other incentives) paid with respect to the services
(including termination of services) of any one
individual to the extent that the total amount of the
compensation paid in a fiscal year exceeds $200,000.''.
(b) Civilian Agency Procurements.--Section 306(e)(1) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 256(e)(1))
is amended by adding at the end the following:
``(P) Costs of compensation (including bonuses and
other incentives) paid with respect to the services
(including termination of services) of any one
individual to the extent that the total amount of the
compensation paid in a fiscal year exceeds $200,000.''.
SEC. 1077. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE SHARING OF
EXPERIENCES UNDER MILITARY YOUTH PROGRAMS.
(a) Findings.--The Senate makes the following findings:
(1) Programs of the Department of Defense for youth who are
dependents of members of the Armed Forces have not received the
same level of attention and resources as have child care
programs of the Department since the passage of the Military
Child Care Act of 1989 (title XV of Public Law 101-189; 10
U.S.C. 113 note).
(2) Older children deserve as much attention to their
developmental needs as do younger children.
(3) The Department has started to direct more attention to
programs for youths who are dependents of members of the Armed
Forces by funding the implementation of 20 model community
programs to address the needs of such youths.
(4) The lessons learned from such programs could apply to
civilian youth programs as well.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense, Federal, State, and local
agencies, and businesses and communities involved in conducting
youth programs could benefit from the development of
partnerships to foster an exchange of ideas, information, and
materials relating to such programs and to encourage closer
relationships between military installations and the
communities that support them;
(2) such partnerships could benefit all families by helping
the providers of services for youths exchange ideas about
innovative ways to address barriers to the effective provision
of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the Department and Federal
and State educational agencies in exploring the use of
public school facilities for child care programs and
youth programs that are mutually beneficial to the
Department and civilian communities and complement
programs of the Department carried out at its
facilities; and
(B) improving youth programs that enable
adolescents to relate to new peer groups when families
of members of the Armed Forces are relocated.
(c) Report.--Not later than June 30, 1997, the Secretary of Defense
shall submit to Congress a report on the status of any initiatives
undertaken this section, including recommendations for additional ways
to improve the youth programs of the Department of Defense and to
improve such programs so as to benefit communities in the vicinity of
military installations.
SEC. 1078. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE SHARING OF
EXPERIENCES WITH MILITARY CHILD CARE.
(a) Findings.--The Senate makes the following findings:
(1) The Department of Defense should be congratulated on
the successful implementation of the Military Child Care Act of
1989 (title XV of Public Law 101-189; 10 U.S.C. 113 note).
(2) The actions taken by the Department as a result of that
Act have dramatically improved the availability, affordability,
quality, and consistency of the child care services provided to
members of the Armed Forces.
(3) Child care is important to the readiness of members of
the Armed Forces because single parents and couples in military
service must have access to affordable child care of good
quality if they are to perform their jobs and respond
effectively to long work hours or deployments.
(4) Child care is important to the retention of members of
the Armed Forces in military service because the
dissatisfaction of the families of such members with military
life is a primary reason for the departure of such members from
military service.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the civilian and military child care communities,
Federal, State, and local agencies, and businesses and
communities involved in the provision of child care services
could benefit from the development of partnerships to foster an
exchange of ideas, information, and materials relating to their
experiences with the provision of such services and to
encourage closer relationships between military installations
and the communities that support them;
(2) such partnerships would be beneficial to all families
by helping providers of child care services exchange ideas
about innovative ways to address barriers to the effective
provision of such services; and
(3) there are many ways that these partnerships can be
developed, including--
(A) cooperation between the directors and
curriculum specialists of military child development
centers and civilian child development centers in
assisting such centers in the accreditation process;
(B) use of family support staff to conduct parent
and family workshops for new parents and parents with
young children in family housing on military
installations and in communities in the vicinity of
such installations;
(C) internships in Department of Defense child care
programs for civilian child care providers to broaden
the base of good-quality child care services in
communities in the vicinity of military installations;
and
(D) attendance by civilian child care providers at
Department child-care training classes on a space-
available basis.
(c) Report.--Not later than June 30, 1997, the Secretary of Defense
shall submit to Congress a report on the status of any initiatives
undertaken this section, including recommendations for additional ways
to improve the child care programs of the Department of Defense and to
improve such programs so as to benefit civilian child care providers in
communities in the vicinity of military installations.
SEC. 1079. INCREASE IN PENALTIES FOR CERTAIN TRAFFIC OFFENSES ON
MILITARY INSTALLATIONS.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c) is amended to
read as follows:
``Sec. 4. (a) Except as provided in subsection (b), whoever shall
violate any rule or regulation promulgated pursuant to section 2 of
this Act may be fined not more than $50 or imprisoned for not more than
thirty days, or both.
``(b) Whoever shall violate any rule or regulation for the control
of vehicular or pedestrian traffic on military installations that is
promulgated by the Secretary of Defense, or the designee of the
Secretary, under the authority delegated pursuant to section 2 of this
Act may be fined an amount not to exceed the amount of a fine for a
like or similar offense under the criminal or civil law of the State,
territory, possession, or district where the military installation is
located, or imprisoned for not more than thirty days, or both.''.
SEC. 1080. PHARMACEUTICAL INDUSTRY SPECIAL EQUITY.
(a) Short Title.--This section may be cited as the ``Pharmaceutical
Industry Special Equity Act of 1996''.
(b) Approval of Generic Drugs.--
(1) In general.--With respect to any patent, the term of
which is modified under section 154(c)(1) of title 35, United
States Code, as amended by the Uruguay Round Agreements Act
(Public Law 103-465; 108 Stat. 4983), the remedies of section
271(e)(4) of title 35, United States Code, shall not apply if--
(A) such patent is the subject of a certification
described under--
(i) section 505 (b)(2)(A)(iv) or
(j)(2)(A)(vii)(IV) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355 (b)(2)(A)(iv)
or (j)(2)(A)(vii)(IV)); or
(ii) section 512(n)(1)(H)(iv) of such Act
(21 U.S.C. 360b(n)(1)(H)(iv));
(B) on or after the date of enactment of this
section, such a certification is made in an application
that was filed under section 505 or 512 of the Federal
Food, Drug, and Cosmetic Act and accepted for filing by
the Food and Drug Administration prior to June 8, 1995;
and
(C) a final order, from which no appeal is pending
or may be made, has been entered in an action brought
under chapter 28 or 29 of title 35, United States
Code--
(i) finding that the person who submitted
such certification made a substantial
investment of the type described under section
154(c)(2) of title 35, United States Code, as
amended by the Uruguay Round Agreements Act;
and
(ii) establishing the amount of equitable
remuneration of the type described under
section 154(c)(3) of title 35, United States
Code, as amended by the Uruguay Round
Agreements Act, that is required to be paid by
the person who submitted such certification to
the patentee for the product that is the
subject of the certification.
(2) Determination of substantial investment.--In
determining whether a substantial investment has been made in
accordance with this section, the court shall find that--
(A) a complete application submitted under section
505 or 512 of the Federal Food, Drug, and Cosmetic Act
was found by the Secretary of Health and Human Services
on or before June 8, 1995 to be sufficiently complete
to permit substantive review; and
(B) the total sum of the investment made by the
person submitting such an application--
(i) is specifically related to the
research, development, manufacture, sale,
marketing, or other activities undertaken in
connection with, the product covered by such an
application; and
(ii) does not solely consist of that
person's expenditures related to the
development and submission of the information
contained in such an application.
(3) Effective date of approval of application.--In no event
shall the Food and Drug Administration make the approval of an
application under sections 505 or 512 of the Federal Food,
Drug, and Cosmetic Act, which is subject to the provisions of
this section, effective prior to the entry of the order
described in paragraph (1)(C).
(4) Applicability.--The provisions of this subsection shall
not apply to any patent the term of which, inclusive of any
restoration period provided under section 156 of title 35,
United States Code, would have expired on or after June 8,
1998, under the law in effect on the date before December 8,
1994.
(c) Application of Certain Benefits and Term Extensions to All
Patents in Force on a Certain Date.--For the purposes of this section
and the provisions of title 35, United States Code, all patents in
force on June 8, 1995, including those in force by reason of section
156 of title 35, United States Code, are entitled to the full benefit
of the Uruguay Round Agreements Act of 1994 and any extension granted
before such date under section 156 of title 35, United States Code.
(d) Extension of Patents Relating to Nonsteroidal Anti-Inflammatory
Drugs.--
(1) In general.--Notwithstanding section 154 of title 35,
United States Code, the term of patent shall be extended for
any patent which encompasses within its scope of composition of
matter known as a nonsteroidal anti-inflammatory drug if--
(A) during the regulatory review of the drug by the
Food and Drug Administration the patentee--
(i) filed a new drug application in 1982
under section 505 of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355); and
(ii) awaited approval by the Food and Drug
Administration for at least 96 months; and
(B) such new drug application was approved in 1991.
(2) Term.--The term of any patent described in paragraph
(1) shall be extended from its current expiration date for a
period of 2 years.
(3) Notification.--No later than 90 days after the date of
enactment of this section, the patentee of any patent described
in paragraph (1) shall notify the Commissioner of Patents and
Trademarks of the number of any patent extended under such
paragraph. On receipt of such notice, the Commissioner shall
confirm such extension by placing a notice thereof in the
official file of such patent and publishing an appropriate
notice of such extension in the Official Gazette of the Patent
and Trademark Office.
(e) Expedited Procedures for Civil Actions.--
(1) Application.--(A) This subsection applies to any civil
action in a court of the United States brought to determine the
rights of the parties under this section, including any
determination made under subsection (b).
(B) For purposes of this subsection the term ``civil
action'' refers to a civil action described under subparagraph
(A).
(2) Superseding provisions.--Procedures adopted under this
subsection shall supersede any provision of title 28, United
States Code, the Federal Rules of Civil Procedure, or the
Federal Rules of Appellate Procedure to the extent of any
inconsistency.
(3) Procedures in district court.--No later than 60 days
after the date of the enactment of this Act, each district
court of the United States shall adopt procedures to--
(A) provide for priority in consideration of civil
actions on an expedited basis, including consideration
of determinations relating to substantial investment,
equitable remuneration, and equitable compensation;
(B) provide that--
(i) no later than 10 days after a party
files an answer to a complaint filed in a civil
action the court shall order that all discovery
(including a hearing on any discovery motions)
shall be completed no later than 60 days after
the date on which the court enters the order;
and
(ii) the court may grant a single extension
of the 60-day period referred to under clause
(i) for an additional period of no more than 30
days upon a showing of good cause;
(C) require any dispositive motion in a civil
action to be filed no later than 30 days after
completion of discovery;
(D) require that--
(i) if a dispositive motion is filed in a
civil action, the court shall rule on such a
motion no later than 30 days after the date on
which the motion is filed;
(ii) the court shall begin the trial of a
civil action no later than 60 days after the
later of--
(I) the date on which discovery is
completed in accordance with
subparagraph (B); or
(II) the last day of the 30-day
period referred to under clause (i), if
a dispositive motion is filed;
(E) require that if a person does not hold the
patent which is the subject of a civil action and is
the prevailing party in the civil action, the court
shall order the nonprevailing party to pay damages to
the prevailing party;
(F) the damages payable to such persons shall
include--
(i) the costs resulting from the delay
caused by the civil action; and
(ii) lost profits from such delay; and
(G) provide that the prevailing party in a civil
action shall be entitled to recover reasonable
attorney's fees and court costs.
(4) Procedures in federal circuit court.--No later than 60
days after the date of the enactment of this Act, the United
States Court of Appeals for the Federal Circuit shall adopt
procedures to provide for expedited considerations of civil
actions brought under this Act.
SEC. 1081. CLARIFICATION OF NATIONAL SECURITY SYSTEMS TO WHICH THE
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT OF 1996
APPLIES.
Section 5142(b) of the Information Technology Management Reform Act
of 1996 (division E of Public Law 104-106; 110 Stat. 689; 40 U.S.C.
1452(b)) is amended--
(1) by striking out ``(b) Limitation.--'' and inserting in
lieu thereof ``(b) Limitations.--(1)''; and
(2) by adding at the end the following:
``(2) Notwithstanding any other provision of this section or any
other provision of law, for the purposes of this subtitle, a system
that, in function, operation, or use, involves the storage, processing,
or forwarding of classified information and is protected at all times
by procedures established for the handling of classified information
shall be considered as a national security system under the definition
in subsection (a) only if the function, operation, or use of the
system--
``(A) involves activities described in paragraph (1), (2),
or (3) of subsection (a);
``(B) involves equipment described in paragraph (4) of
subsection (a); or
``(C) is critical to an objective described in paragraph
(5) of subsection (a) and is not excluded by paragraph (1) of
this subsection.''.
SEC. 1082. SALE OF CHEMICALS USED TO MANUFACTURE CONTROLLED SUBSTANCES
BY FEDERAL DEPARTMENTS OR AGENCIES.
A Federal department or agency may not sell from the stocks of the
department or agency any chemical which, as determined by the
Administrator of the Drug Enforcement Agency, could be used in the
manufacture of a controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802) unless the Administrator
certifies in writing to the head of the department or agency that there
is no reasonable cause to believe that the sale of the chemical would
result in the illegal manufacture of a controlled substance.
SEC. 1083. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT.
(a) Status of Excess Aircraft.--Operational support airlift
aircraft excess to the requirements of the Department of Defense shall
be placed in an inactive status and stored at Davis-Monthan Air Force
Base, Arizona, pending the completion of any study or analysis of the
costs and benefits of disposing of or operating such aircraft that
precedes a decision to dispose of or continue to operate such aircraft.
(b) Operational Support Airlift Aircraft Defined.--In this section,
the term ``operational support airlift aircraft'' has the meaning given
such term in section 1086(f) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 458).
SEC. 1084. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.
It is the sense of the Senate that, notwithstanding any other
provision of law, in order to maximize the amount of equipment provided
to the Government of Bosnia and Herzegovina under the authority
contained in section 540 of the Foreign Operations Act of 1996 (Public
Law 104-107), the price of the transferred equipment shall not exceed
the lowest level at which the same or similar equipment has been
transferred to any other country under any other United States
Government program.
SEC. 1085. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) In General.--Section 2(b)(4) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(4)) is amended--
(1) by inserting after ``any country has willfully aided or
abetted'' the following: ``, or any person has knowingly aided
or abetted,'';
(2) by striking ``or countries'' and inserting ``,
countries, person, or persons'';
(3) by inserting after ``United States exports to such
country'' the following: ``or, in the case of any such person,
give approval to guarantee, insure, or extend credit, or
participate in the extension of credit in support of, exports
to or by any such person for a 12-month period,'';
(4) by inserting ``(A)'' immediately after ``(4)'';
(5) by inserting after ``United States exports to such
country'' the second place it appears the following: ``, except
as provided in subparagraph (B),''; and
(6) by adding at the end the following:
``(B) In the case of any country or person aiding or abetting a
non-nuclear-weapon state as described in subparagraph (A), the
prohibition on financing by the Bank contained in the second sentence
of that subparagraph shall not apply to the country or person, as the
case may be, if the President determines and certifies in writing to
the Congress that--
``(i) reliable information indicates that the country or
person with respect to which the determination is made has
ceased to aid or abet any non-nuclear-weapon state to acquire
any nuclear explosive device or to acquire unsafeguarded
special nuclear material; and
``(ii) the President has received reliable assurances from
the country or person that such country or person will not, in
the future, aid or abet any non-nuclear-weapon state in its
efforts to acquire any nuclear explosive device or any
unsafeguarded special nuclear material.
``(C) For purposes of subparagraphs (A) and (B)--
``(i) the term `country' has the meaning given to `foreign
state' in section 1603(a) of title 28, United States Code;
``(ii) the term `knowingly' is used within the meaning of
the term `knowing' in section 104 of the Foreign Corrupt
Practices Act; and
``(iii) the term `person' means a natural person as well as
a corporation, business association, partnership, society,
trust, any other nongovernmental entity, organization, or
group, and any governmental entity operating as a business
enterprise, and any successor of any such entity.''.
(b) Effective Date.--(1) The amendments made by paragraphs (1)
through (5) of subsection (a) shall apply to persons, and the amendment
made by subsection (a)(6), shall apply to countries and persons, aiding
or abetting non-nuclear weapon states on or after June 29, 1994.
(2) Nothing in this section or the amendments made by this section
shall apply to obligations undertaken pursuant to guarantees,
insurance, and the extension of credits (and participation in the
extension of credits) made before the date of enactment of this Act.
SEC. 1086. TECHNICAL AMENDMENT.
Paragraph (3) of section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended--
(1) by striking ``2000 and such number equals or exceeds
15'' and inserting ``1000 or such number equals or exceeds
10''; and
(2) by inserting ``, except that notwithstanding any other
provision of this title the Secretary shall not make a payment
computed under this paragraph for a child described in
subparagraph (F) or (G) of paragraph (1) who is associated with
Federal property used for Department of Defense activities
unless funds for such payment are made available to the
Secretary from funds available to the Secretary of Defense''
before the period.
SEC. 1087. FACILITY FOR MILITARY DEPENDENT CHILDREN WITH DISABILITIES,
LACKLAND AIR FORCE BASE, TEXAS.
(a) Funding.--Of the amounts authorized to be appropriated by this
Act for the Department of the Air Force, $2,000,000 may be available
for the construction at Lackland Air Force Base, Texas, of a facility
(and supporting infrastructure) to provide comprehensive care and
rehabilitation services to children with disabilities who are
dependents of members of the Armed Forces.
(b) Transfer of Funds.--Subject to subsection (c), the Secretary of
the Air Force may grant the funds available under subsection (a) to the
Children's Association for Maximum Potential (CAMP) for use by the
association to defray the costs of designing and constructing the
facility referred to in subsection (a).
(c) Lease of Facility.--(1) The Secretary may not make a grant of
funds under subsection (b) until the Secretary and the association
enter into an agreement under which the Secretary leases to the
association the facility to be constructed using the funds.
(2)(A) The term of the lease under paragraph (1) may not be less
than 25 years.
(B) As consideration for the lease of the facility, the association
shall assume responsibility for the operation and maintenance of the
facility, including the costs of such operation and maintenance.
(3) The Secretary may require such additional terms and conditions
in connection with the lease as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 1088. PROHIBITION ON THE DISTRIBUTION OF INFORMATION RELATING TO
EXPLOSIVE MATERIALS FOR A CRIMINAL PURPOSE.
(a) Unlawful Conduct.--Section 842 of title 18, United States Code,
is amended by adding at the end the following new subsection:
``(l) It shall be unlawful for any person to teach or demonstrate
the making of explosive materials, or to distribute by any means
information pertaining to, in whole or in part, the manufacture of
explosive materials, if the person intends or knows, that such
explosive materials or information will be used for, or in furtherance
of, an activity that constitutes a Federal criminal offense or a
criminal purpose affecting interstate commerce.''.
(b) Penalty.--Section 844(a) of title 18, United States Code, is
amended--
(1) by striking ``(a) Any person'' and inserting ``(a)(1)
Any person''; and
(2) by adding at the end the following:
``(2) Any person who violates subsection (l) of section 842 of this
chapter shall be fined under this title, imprisoned not more than 20
years, or both.''.
SEC. 1089. EXEMPTION FOR SAVINGS INSTITUTIONS SERVING MILITARY
PERSONNEL.
Section 10(m)(3)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(m)(3)(F)) is amended to read as follows:
``(F) Exemption for specialized savings
associations serving certain military personnel.--
Subparagraph (A) does not apply to a savings
association subsidiary of a savings and loan holding
company if not less than 90 percent of the customers of
the savings and loan holding company and the
subsidiaries and affiliates of such company are active
or former officers in the United States military
services or the widows, widowers, divorced spouses, or
current or former dependents of such officers.''.
Subtitle G--Review of Armed Forces Force Structures
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Armed Forces Force Structures
Review Act of 1996''.
SEC. 1092. FINDINGS.
Congress makes the following findings:
(1) Since the collapse of the Soviet Union in 1991, the
United States has conducted two substantial assessments of the
force structure of the Armed Forces necessary to meet United
States defense requirements.
(2) The assessment by the Bush Administration (known as the
``Base Force'' assessment) and the assessment by the Clinton
Administration (known as the ``Bottom-Up Review'') were
intended to reassess the force structure of the Armed Forces in
light of the changing realities of the post-Cold War world.
(3) Both assessments served an important purpose in
focusing attention on the need to reevaluate the military
posture of the United States, but the pace of global change
necessitates a new, comprehensive assessment of the defense
strategy of the United States and the force structure of the
Armed Forces required to meet the threats to the United States
in the 21st century.
(4) The Bottom-Up Review has been criticized on several
points, including--
(A) the assumptions underlying the strategy of
planning to fight and win two nearly simultaneous major
regional conflicts;
(B) the force levels recommended to carry out that
strategy; and
(C) the funding proposed for such recommended force
levels.
(5) In response to the recommendations of the Commission on
Roles and Missions of the Armed Forces, the Secretary of
Defense endorsed the concept of conducting a quadrennial review
of the defense program at the beginning of each newly elected
Presidential administration, and the Secretary intends to
complete the first such review in 1997.
(6) The review is to involve a comprehensive examination of
defense strategy, the force structure of the active, guard, and
reserve components, force modernization plans, infrastructure,
and other elements of the defense program and policies in order
to determine and express the defense strategy of the United
States and to establish a revised defense program through the
year 2005.
(7) In order to ensure that the force structure of the
Armed Forces is adequate to meet the challenges to the national
security interests of the United States in the 21st century, to
assist the Secretary of Defense in conducting the review
referred to in paragraph (5), and to assess the appropriate
force structure of the Armed Forces through the year 2010 and
beyond (if practicable), it is important to provide for the
conduct of an independent, non-partisan review of the force
structure that is more comprehensive than prior assessments of
the force structure, extends beyond the quadrennial defense
review, and explores innovative and forward-thinking ways of
meeting such challenges.
SEC. 1093. QUADRENNIAL DEFENSE REVIEW.
(a) Requirement in 1997.--The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, shall complete in 1997
a review of the defense program of the United States intended to
satisfy the requirements for a Quadrennial Defense Review as identified
in the recommendations of the Commission on Roles and Missions of the
Armed Forces. The review shall include a comprehensive examination of
the defense strategy, force structure, force modernization plans,
infrastructure, and other elements of the defense program and policies
with a view toward determining and expressing the defense strategy of
the United States and establishing a revised defense program through
the year 2005.
(b) Involvement of National Defense Panel.--(1) The Secretary shall
apprise the National Defense Panel established under section 1084, on
an on-going basis, of the work undertaken in the conduct of the review.
(2) Not later than March 14, 1997, the Chairman of the National
Defense Panel shall submit to the Secretary the Panel's assessment of
work undertaken in the conduct of the review as of that date and shall
include in the assessment the recommendations of the Panel for
improvements to the review, including recommendations for additional
matters to be covered in the review.
(c) Assessments of Review.--Upon completion of the review, the
Chairman of the Joint Chiefs of Staff and the Chairman of the National
Defense Panel shall each prepare and submit to the Secretary such
chairman's assessment of the review in time for the inclusion of the
assessment in its entirety in the report under subsection (d).
(d) Report.--Not later than May 15, 1997, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a
comprehensive report on the review. The report shall include the
following:
(1) The results of the review, including a comprehensive
discussion of the defense strategy of the United States and the
force structure best suited to implement the strategy.
(2) The threats examined for purposes of the review and the
scenarios developed in the examination of such threats.
(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and mission-
sharing, levels of acceptable risk, warning times, and
intensity and duration of conflict.
(4) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
(5) The effect on the force structure of the utilization by
the Armed Forces of technologies anticipated to be available by
the year 2005, including precision guided munitions, stealth,
night vision, digitization, and communications, and the changes
in doctrine and operational concepts that would result from the
utilization of such technologies.
(6) The manpower and sustainment policies required under
the defense strategy to support engagement in conflicts lasting
more than 120 days.
(7) The anticipated roles and missions of the reserve
components in the defense strategy and the strength,
capabilities, and equipment necessary to assure that the
reserve components can capably discharge such roles and
missions.
(8) The appropriate ratio of combat forces to support
forces (commonly referred to as the ``tooth-to-tail'' ratio)
under the defense strategy, including, in particular, the
appropriate number and size of headquarter units and Defense
Agencies for that purpose.
(9) The air-lift and sea-lift capabilities required to
support the defense strategy.
(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the defense strategy
for conflict deterrence and adequate military response to
anticipated conflicts.
(11) The extent to which resources must be shifted among
two or more theaters under the defense strategy in the event of
conflict in such theaters.
(12) The advisability of revisions to the Unified Command
Plan as a result of the defense strategy.
SEC. 1094. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the Secretary
of Defense shall establish a non-partisan, independent panel to be
known as the National Defense Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(b) Membership.--The Panel shall be composed of a chairman and
eight other individuals appointed by the Secretary, in consultation
with the Chairman and ranking member of the Committee on Armed Services
of the Senate and the Chairman and ranking member of the Committee on
National Security of the House of Representatives, from among
individuals in the private sector who are recognized experts in matters
relating to the national security of the United States.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the review under section 1083 that is required by subsection
(b)(2) of that section;
(2) conduct and submit to the Secretary the comprehensive
assessment of the review that is required by subsection (c) of
that section upon completion of the review; and
(3) conduct the assessment of alternative force structures
for the Armed Forces required under subsection (d).
(d) Alternative Force Structure Assessment.--(1) The Panel shall
submit to the Secretary an independent assessment of a variety of
possible force structures of the Armed Forces through the year 2010 and
beyond, including the force structure identified in the report on the
review under section 1083(d). The purpose of the assessment is to
develop proposals for an ``above the line'' force structure of the
Armed Forces and to provide the Secretary and Congress recommendations
regarding the optimal force structure to meet anticipated threats to
the national security of the United States through the time covered by
the assessment.
(2) In conducting the assessment, the Panel shall examine a variety
of potential threats (including near-term threats and long-term
threats) to the national security interests of the United States,
including the following:
(A) Conventional threats across a spectrum of conflicts.
(B) The proliferation of weapons of mass destruction and
the means of delivering such weapons, and the illicit transfer
of technology relating to such weapons.
(C) The vulnerability of United States technology to non-
traditional threats, including information warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major challenger having military
capabilities similar to those of the United States.
(F) Any other significant threat, or combination of
threats, identified by the Panel.
(3) For purposes of the assessment, the Panel shall develop a
variety of scenarios requiring a military response by the Armed Forces,
including the following:
(A) Scenarios developed in light of the threats examined
under paragraph (2).
(B) Scenarios developed in light of a continuum of
conflicts ranging from a conflict of lesser magnitude than the
conflict described in the Bottom-Up Review to a conflict of
greater magnitude than the conflict so described.
(4) As part of the assessment, the Panel shall also--
(A) develop recommendations regarding a variety of force
structures for the Armed Forces that permit the forward
deployment of sufficient land- and sea-based forces to provide
an effective deterrent to conflict and to permit a military
response by the United States to the scenarios developed under
paragraph (3);
(B) to the extent practicable, estimate the funding
required by fiscal year, in constant fiscal year 1997 dollars,
to organize, equip, and support the forces contemplated under
the force structures assessed in the assessment; and
(C) comment on each of the matters also to be included by
the Secretary in the report required by section 1083(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel shall
submit to the Secretary a report setting forth the activities, findings
and recommendations of the Panel under subsection (d), including any
recommendations for legislation that the Panel considers appropriate.
(2) Not later than December 15, 1997, the Secretary shall, after
consultation with the Chairman of the Joint Chiefs of Staff, submit to
the committees referred to in subsection (b)(1) a copy of the report
under paragraph (1), together with the Secretary's comments on the
report.
(f) Information from Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other Federal department and agency such information as the
Panel considers necessary to carry out its duties under this section.
The head of the department or agency concerned shall ensure that
information requested by the Panel under this subsection is promptly
provided.
(g) Personnel Matters.--(1) Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Panel.
(2) The members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director, and a staff of not more than four additional individuals, if
the Panel determines that an executive director and staff are necessary
in order for the Panel to perform its duties effectively. The
employment of an executive director shall be subject to confirmation by
the Panel.
(B) The chairman may fix the compensation of the executive director
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the rate of
pay for the executive director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the Panel
without reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege. The Secretary shall ensure
that sufficient personnel are detailed to the Panel to enable the Panel
to carry out its duties effectively.
(5) To the maximum extent practicable, the members and employees of
the Panel shall travel on military aircraft, military ships, military
vehicles, or other military conveyances when travel is necessary in the
performance of a duty of the Panel, except that no such aircraft, ship,
vehicle, or other conveyance may be scheduled primarily for the
transportation of any such member or employee when the cost of
commercial transportation is less expensive.
(h) Administrative Provisions.--(1) The Panel may use the United
States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or donations of
services or property.
(i) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of Defense for the
payment of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(j) Termination.--The Panel shall terminate 30 days after the date
on which the Panel submits its report to the Secretary under subsection
(e).
SEC. 1095. POSTPONEMENT OF DEADLINES.
In the event that the election of President of the United States in
1996 results in a change in administrations, each deadline set forth in
this subtitle shall be postponed by 3 months.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) The term ```above the line' force structure of the
Armed Forces'' means a force structure (including numbers,
strengths, and composition and major items of equipment) for
the Armed Forces at the following unit levels:
(A) In the case of the Army, the division.
(B) In the case of the Navy, the battle group.
(C) In the case of the Air Force, the wing.
(D) In the case of the Marine Corps, the
expeditionary force.
(E) In the case of special operations forces of the
Army, Navy, or Air Force, the major operating unit.
(F) In the case of the strategic forces, the
ballistic missile submarine fleet, the heavy bomber
force, and the intercontinental ballistic missile
force.
(2) The term ``Commission on Roles and Missions of the
Armed Forces'' means the Commission on Roles and Missions of
the Armed Forces established by subtitle E of title IX of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note).
(3) The term ``military operation other than war'' means
any operation other than war that requires the utilization of
the military capabilities of the Armed Forces, including peace
operations, humanitarian assistance operations and activities,
counter-terrorism operations and activities, disaster relief
activities, and counter-drug operations and activities.
(4) The term ``peace operations'' means military operations
in support of diplomatic efforts to reach long-term political
settlements of conflicts and includes peacekeeping operations
and peace enforcement operations.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Personnel Management, Pay, and Allowances
SEC. 1101. SCOPE OF REQUIREMENT FOR CONVERSION OF MILITARY POSITIONS TO
CIVILIAN POSITIONS.
Section 1032(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 429; 10 U.S.C. 129a
note) is amended--
(1) by striking out the text of paragraph (1) and inserting
in lieu thereof the following: ``By September 30, 1996, the
Secretary of Defense shall convert at least 3,000 military
positions to civilian positions.'';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 1102. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY
TRAINING BASES TRANSFERRED TO NATIONAL GUARD.
(a) Military Training Installations Affected.--This section applies
with respect to each military training installation that--
(1) was approved for closure in 1995 under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note);
(2) is scheduled for transfer to National Guard operation
and control; and
(3) will continue to be used, after such transfer, to
provide training support to active and reserve components of
the Armed Forces.
(b) Retention of Employee Positions.--In the case of a military
training installation described in subsection (a), the Secretary of
Defense may retain civilian employee positions of the Department of
Defense at the installation after transfer to the National Guard of a
State in order to facilitate active and reserve component training at
the installation. The Secretary, in consultation with the Adjutant
General of the National Guard of that State, shall determine the extent
to which positions at that installation are to be retained as positions
in the Department of Defense.
(c) Maximum Number of Positions Retained.--The maximum number of
civilian employee positions retained at an installation under this
section shall not exceed 20 percent of the Federal civilian workforce
employed at the installation as of September 8, 1995.
(d) Removal of Position.--The decision to retain civilian employee
positions at an installation under this section shall cease to apply to
a position so retained on the date on which the Secretary certifies to
Congress that it is no longer necessary to retain the position in order
to ensure that effective support is provided at the installation for
active and reserve component training.
SEC. 1103. CLARIFICATION OF LIMITATION ON FURNISHING CLOTHING OR PAYING
A UNIFORM ALLOWANCE TO ENLISTED NATIONAL GUARD
TECHNICIANS.
Section 418(c) of title 37, United States Code, is amended by
striking out ``for which a uniform allowance is paid under section 415
or 416 of this title'' and inserting in lieu thereof ``for which
clothing is furnished or a uniform allowance is paid under this
section''.
SEC. 1104. TRAVEL EXPENSES AND HEALTH CARE FOR CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE ABROAD.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599b. Employees abroad: travel expenses; health care
``(a) In General.--The Secretary of Defense may provide civilian
employees, and members of their families, abroad with benefits that are
comparable to certain benefits that are provided by the Secretary of
State to members of the Foreign Service and their families abroad as
described in subsections (b) and (c). The Secretary may designate the
employees and members of families who are eligible to receive the
benefits.
``(b) Travel and Related Expenses.--The Secretary of Defense may
pay travel expenses and related expenses for purposes and in amounts
that are comparable to the purposes for which, and the amounts in
which, travel and related expenses are paid by the Secretary of State
under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).
``(c) Health Care Program.--The Secretary of Defense may establish
a health care program that is comparable to the health care program
established by the Secretary of State under section 904 of that Act (22
U.S.C. 4084).
``(d) Assistance.--The Secretary of Defense may enter into
agreements with the heads of other departments and agencies of the
Federal Government in order to facilitate the payment of expenses
authorized by subsection (b) and to carry out a health care program
authorized by subsection (c).
``(e) Abroad Defined.--In this section, the term `abroad' means
outside--
``(1) the United States; and
``(2) the territories and possessions of the United
States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1599a the following new item:
``1599b. Employees abroad: travel expenses; health care.''.
SEC. 1105. TRAVEL, TRANSPORTATION, AND RELOCATION ALLOWANCES FOR
CERTAIN FORMER NONAPPROPRIATED FUND EMPLOYEES.
(a) In General.--(1) Subchapter II of chapter 57 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5736. Travel, transportation, and relocation expenses of certain
nonappropriated fund employees
``An employee of a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard described in section 2105(c)
of this title who moves, without a break in service of more than 3
days, to a position in the Department of Defense or the Coast Guard,
respectively, may be authorized travel, transportation, and relocation
expenses and allowances under the same conditions and to the same
extent authorized by this subchapter for transferred employees.''.
(2) The table of sections at the beginning of chapter 57 of such
title is amended by inserting after the item relating to section 5735
the following new item:
``5736. Travel, transportation, and relocation expenses of certain
nonappropriated fund employees.''.
(b) Applicability.--Section 5736 of title 5, United States Code (as
added by subsection (a)(1)), shall apply to moves between positions as
described in such section that are effective on or after October 1,
1996.
SEC. 1106. EMPLOYMENT AND SALARY PRACTICES APPLICABLE TO DEPARTMENT OF
DEFENSE OVERSEAS TEACHERS.
(a) Expansion of Scope of Educators Covered.--Section 2 of the
Defense Department Overseas Teachers Pay and Personnel Practices Act
(20 U.S.C. 901) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting ``,
or are performed by an individual who carried out certain
teaching activities identified in regulations prescribed by the
Secretary of Defense'' after ``Defense,''; and
(2) by striking out subparagraph (C) of paragraph (2) and
inserting in lieu thereof the following:
``(C) who is employed in a teaching position
described in paragraph (1).''.
(b) Transfer of Responsibility for Employment and Salary
Practices.--Section 5 of such Act (20 U.S.C. 903) is amended--
(1) in subsection (a)--
(A) by striking out ``secretary of each military
department in the Department of Defense'' and inserting
in lieu thereof ``Secretary of Defense''; and
(B) by striking out ``his military department'' and
inserting in lieu thereof ``the Department of
Defense'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking out ``secretary of each military department--
'' and inserting in lieu thereof ``Secretary of
Defense--''; and
(B) in paragraph (1), by striking out ``his
military department,'' and inserting in lieu thereof
``the Department of Defense'';
(3) in subsection (c)--
(A) by striking out ``Secretary of each military
department'' and inserting in lieu thereof ``Secretary
of Defense''; and
(B) by striking out ``his military department'' and
inserting in lieu thereof ``the Department of
Defense''; and
(4) in subsection (d), by striking out ``Secretary of each
military department'' and inserting in lieu thereof ``Secretary
of Defense''.
SEC. 1107. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS AT
CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
(a) Faculties.--Section 1595(c) of title 10, United States Code, is
amended by inserting after paragraph (3) the following new paragraph
(4):
``(4) The English Language Center of the Defense Language
Institute.
``(5) The Asia-Pacific Center for Security Studies.''.
(b) Certain Administrators.--Such section 1595 is amended by adding
at the end the following:
``(f) Application to Director and Deputy Director at Asia-Pacific
Center for Security Studies.--In the case of the Asia-Pacific Center
for Security Studies, this section also applies with respect to the
Director and the Deputy Director.''.
SEC. 1108. REIMBURSEMENT OF DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
SCHOOL BOARD MEMBERS FOR CERTAIN EXPENSES.
Section 2164(d) of title 10, United States Code, is amended by
adding at the end the following:
``(7) The Secretary may provide for reimbursement of a school board
member for expenses incurred by the member for travel, transportation,
program fees, and activity fees that the Secretary determines are
reasonable and necessary for the performance of school board duties by
the member.''.
SEC. 1109. EXTENSION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT
OF DEFENSE TO PARTICIPATE VOLUNTARILY IN REDUCTIONS IN
FORCE.
Section 3502(f)(5) of title 5, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 2001''.
SEC. 1110. COMPENSATORY TIME OFF FOR OVERTIME WORK PERFORMED BY WAGE-
BOARD EMPLOYEES.
Section 5543 of title 5, United States Code, is amended by adding
at the end the following:
``(c) The head of an agency may, on request of an employee, grant
the employee compensatory time off from the employee's scheduled tour
of duty instead of payment under section 5544 of this title or section
7 of the Fair Labor Standards Act of 1938 for an equal amount of time
spent in irregular or occasional overtime work.''.
SEC. 1111. LIQUIDATION OF RESTORED ANNUAL LEAVE THAT REMAINS UNUSED
UPON TRANSFER OF EMPLOYEE FROM INSTALLATION BEING CLOSED
OR REALIGNED.
(a) Lump-Sum Payment Required.--Section 5551 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(c)(1) Annual leave that is restored to an employee of the
Department of Defense under section 6304(d) of this title by reason of
the operation of paragraph (3) of such section and remains unused upon
the transfer of the employee to a position described in paragraph (2)
shall be liquidated by payment of a lump-sum for such leave to the
employee upon the transfer.
``(2) A position referred to in paragraph (1) is a position in a
department or agency of the Federal Government outside the Department
of Defense or a Department of Defense position that is not located at a
Department of Defense installation being closed or realigned as
described in section 6304(d)(3) of this title.''.
(b) Applicability.--Subsection (c) of section 5551 of title 5,
United States Code (as added by subsection (a)), shall apply with
respect to transfers described in such subsection (c) that take effect
on or after the date of the enactment of this Act.
SEC. 1112. WAIVER OF REQUIREMENT FOR REPAYMENT OF VOLUNTARY SEPARATION
INCENTIVE PAY BY FORMER DEPARTMENT OF DEFENSE EMPLOYEES
REEMPLOYED BY THE GOVERNMENT WITHOUT PAY.
Section 5597(g) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(5) If the employment is without compensation, the appointing
official may waive the repayment.''.
SEC. 1113. FEDERAL HOLIDAY OBSERVANCE RULES FOR DEPARTMENT OF DEFENSE
EMPLOYEES.
(a) Holidays Occurring on Nonworkdays.--Section 6103(b) of title 5,
United States Code, is amended by inserting after paragraph (2) the
following new paragraph:
``(3) In the case of a full-time employee of the Department
of Defense, the following rules apply:
``(A) When a legal public holiday occurs on a
Sunday that is not a regular weekly workday for an
employee, the employee's next workday is the legal
public holiday for the employee.
``(B) When a legal public holiday occurs on a
regular weekly nonworkday that is administratively
scheduled for an employee instead of Sunday, the
employee's next workday is the legal public holiday for
the employee.
``(C) When a legal public holiday occurs on an
employee's regular weekly nonworkday immediately
following a regular weekly nonworkday that is
administratively scheduled for the employee instead of
Sunday, the employee's next workday is the legal public
holiday for the employee.
``(D) When a legal public holiday occurs on an
employee's regular weekly nonworkday that is not a
nonworkday referred to in subparagraph (A), (B), or
(C), the employee's preceding workday is the legal
public holiday for the employee.
``(E) The Secretary concerned (as defined in
section 101(a) of title 10) may schedule a legal public
holiday for an employee to be on a different day than
the one that would otherwise apply for the employee under subparagraph
(A), (B), (C), or (D).
``(F) If a legal public holiday for an employee
would be different under paragraph (1) or (2) than the
day determined under this paragraph, the legal public
holiday for the employee shall be the day that is
determined under this paragraph.''.
(b) Technical and Conforming Amendments.--Section 6103(b) of such
title, as amended by subsection (a), is further amended--
(1) in paragraph (1), by striking out ``legal public
holiday for--'' and all that follows through the period and
inserting in lieu thereof ``legal public holiday for employees
whose basic workweek is Monday through Friday.''; and
(2) in the matter following paragraph (3), by striking out
``This subsection, except subparagraph (B) of paragraph (1),''
and inserting in lieu thereof ``Paragraphs (1) and (2)''.
SEC. 1114. REVISION OF CERTAIN TRAVEL MANAGEMENT AUTHORITIES.
(a) Repeal of Requirements Relating to Fire-Safe Accommodations.--
(1) Section 5707 of title 5, United States Code, is amended by striking
out subsection (d).
(2) Subsection (b) of section 5 of the Hotel and Motel Fire Safety
Act of 1990 (Public Law 101-391; 104 Stat. 751; 5 U.S.C. 5707 note) is
repealed.
(b) Repeal of Prohibition on Payment of Lodging Expenses of
Department of Defense Employees and Other Civilians When Adequate
Government Quarters Are Available.--(1) Section 1589 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 81 of such
title is amended by striking out the item relating to such section.
Subtitle B--Defense Economic Adjustment, Diversification, Conversion,
and Stabilization
SEC. 1121. PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO CONTRACTOR
EMPLOYEES DUE TO PRIVATIZATION AT CLOSED MILITARY
INSTALLATIONS.
(a) Pilot Programs Authorized.--(1) The Secretary of Defense, after
consultation with the Secretary of the Navy, the Secretary of the Air
Force, and the Director of the Office of Personnel Management, may
establish a pilot program under which Federal retirement benefits are
provided in accordance with this section to persons who convert from
Federal employment in the Department of the Navy or the Department of
the Air Force to employment by a Department of Defense contractor in
connection with the privatization of the performance of functions at
selected military installations being closed under the base closure and
realignment process.
(2) The Secretary of Defense shall select the installations to be
covered by a pilot program under this section.
(b) Eligible Transferred Employees.--(1) A person is a transferred
employee eligible for benefits under this section if the person is a
former employee of the Department of Defense (other than a temporary
employee) who--
(A) while employed by the Department of Defense in a
function recommended to be privatized as part of the closure
and realignment of military installations pursuant to section
2903(e) of the Defense Base Closure and Realignment Act of 1990
(title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and
while covered under the Civil Service Retirement System,
separated from Federal service after being notified that the
employee would be separated in a reduction-in-force resulting
from conversion from performance of a function by Department of
Defense employees at that military installation to performance
of that function by a defense contractor at that installation
or in the vicinity of that installation;
(B) is employed by the defense contractor within 60 days
following such separation to perform substantially the same
function performed before the separation;
(C) remains employed by the defense contractor (or a
successor defense contractor) or subcontractor of the defense
contractor (or successor defense contractor) until attaining
early deferred retirement age (unless the employment is sooner
involuntarily terminated for reasons other than performance or conduct
of the employee);
(D) at the time separated from Federal service, was not
eligible for an immediate annuity under the Civil Service
Retirement System; and
(E) does not withdraw retirement contributions under
section 8342 of title 5, United States Code.
(2) A person who, under paragraph (1), would otherwise be eligible
for an early deferred annuity under this section shall not be eligible
for such benefits if the person received separation pay or severance
pay due to a separation described in subparagraph (A) of that paragraph
unless the person repays the full amount of such pay with interest
(computed at a rate determined appropriate by the Director of the
Office of Personnel Management) to the Department of Defense before
attaining early deferred retirement age.
(c) Retirement Benefits of Transferred Employees.--In the case of a
transferred employee covered by a pilot program under this section,
payment of a deferred annuity for which the transferred employee is
eligible under section 8338(a) of title 5, United States Code, shall
commence on the first day of the first month that begins after the date
on which the transferred employee attains early deferred retirement
age, notwithstanding the age requirement under that section.
(d) Computation of Average Pay.--(1)(A) This paragraph applies to a
transferred employee who was employed in a position classified under
the General Schedule immediately before the employee's covered
separation from Federal service.
(B) Subject to subparagraph (C), for purposes of computing the
deferred annuity for a transferred employee referred to in subparagraph
(A), the average pay of the transferred employee, computed under
section 8331(4) of title 5, United States Code, as of the date of the
employee's covered separation from Federal service, shall be adjusted
at the same time and by the same percentage that rates of basic pay are
increased under section 5303 of such title during the period beginning
on that date and ending on the date on which the transferred employee
attains early deferred retirement age.
(C) The average pay of a transferred employee, as adjusted under
subparagraph (B), may not exceed the amount to which an annuity of the
transferred employee could be increased under section 8340 of title 5,
United States Code, in accordance with the limitation in subsection
(g)(1) of such section (relating to maximum pay, final pay, or average
pay).
(2)(A) This paragraph applies to a transferred employee who was a
prevailing rate employee (as defined under section 5342(2) of title 5,
United States Code) immediately before the employee's covered
separation from Federal service.
(B) For purposes of computing the deferred annuity for a
transferred employee referred to in subparagraph (A), the average pay
of the transferred employee, computed under section 8331(4) of title 5,
United States Code, as of the date of the employee's covered separation
from Federal service, shall be adjusted at the same time and by the
same percentage that pay rates for positions that are in the same area
as, and are comparable to, the last position the transferred employee
held as a prevailing rate employee, are increased under section 5343(a)
of such title during the period beginning on that date and ending on
the date on which the transferred employee attains early deferred
retirement age.
(e) Payment of Unfunded Liability.--(1) The military department
concerned shall be liable for that portion of any estimated increase in
the unfunded liability of the Civil Service Retirement and Disability
Fund established under section 8348 of title 5, United States Code,
which is attributable to any benefits payable from such Fund to a
transferred employee, and any survivor of a transferred employee, when
the increase results from--
(A) an increase in the average pay of the transferred
employee under subsection (d) upon which such benefits are
computed; and
(B) the commencement of an early deferred annuity in
accordance with this section before the attainment of 62 years
of age by the transferred employee.
(2) The estimated increase in the unfunded liability for each
department referred to in paragraph (1), shall be determined by the
Director of the Office of Personnel Management. In making the
determination, the Director shall consider any savings to the Fund as a
result of the program established under this section. The Secretary of
the military department concerned shall pay the amount so determined to
the Director in 10 equal annual installments with interest computed at
the rate used in the most recent valuation of the Civil Service
Retirement System, with the first payment thereof due at the end of the
fiscal year in which an increase in average pay under subsection (d)
becomes effective.
(f) Contractor Service Not Creditable.--Service performed by a
transferred employee for a defense contractor after the employee's
covered separation from Federal service is not creditable service for
purposes of subchapter III of chapter 83 of title 5, United States
Code.
(g) Receipt of Benefits While Employed by a Defense Contractor.--A
transferred employee may commence receipt of an early deferred annuity
in accordance with this section while continuing to work for a defense
contractor.
(h) Lump-Sum Credit Payment.--If a transferred employee dies before
attaining early deferred retirement age, such employee shall be treated
as a former employee who dies not retired for purposes of payment of
the lump-sum credit under section 8342(d) of title 5, United States
Code.
(i) Continued Federal Health Benefits Coverage.--Notwithstanding
section 5905a(e)(1)(A) of title 5, United States Code, the continued
coverage of a transferred employee for health benefits under chapter 89
of such title by reason of the application of section 8905a of such
title to such employee shall terminate 90 days after the date of the
employee's covered separation from Federal employment. For the purposes
of the preceding sentence, a person who, except for subsection (b)(2),
would be a transferred employee shall be considered a transferred
employee.
(j) Report by GAO.--The Comptroller General of the United States
shall conduct a study of each pilot program, if any, established under
this section and submit a report on the pilot program to Congress not
later than two years after the date on which the program is
established. The report shall contain the following:
(1) A review and evaluation of the program, including--
(A) an evaluation of the success of the
privatization outcomes of the program;
(B) a comparison and evaluation of such
privatization outcomes with the privatization outcomes
with respect to facilities at other military
installations closed or realigned under the base
closure laws;
(C) an evaluation of the impact of the program on
the Federal workforce and whether the program results
in the maintenance of a skilled workforce for defense
contractors at an acceptable cost to the military
department concerned; and
(D) an assessment of the extent to which the pilot
program is a cost-effective means of facilitating
privatization of the performance of Federal activities.
(2) Recommendations relating to the expansion of the
program to other installations and employees.
(3) Any other recommendation relating to the program.
(k) Implementing Regulations.--Not later than 30 days after the
Secretary of Defense notifies the Director of the Office of Personnel
Management of a decision to establish a pilot program under this
section, the Director shall prescribe regulations to carry out the
provisions of this section with respect to that pilot program. Before
prescribing the regulations, the Director shall consult with the
Secretary.
(l) Definitions.--In this section:
(1) The term ``transferred employee'' means a person who,
pursuant to subsection (b), is eligible for benefits under this
section.
(2) The term ``covered separation from Federal service''
means a separation from Federal service as described under
subsection (b)(1)(A).
(3) The term ``Civil Service Retirement System'' means the
retirement system under subchapter III of chapter 83 of title
5, United States Code.
(4) The term ``defense contractor'' means any entity that--
(A) contracts with the Department of Defense to
perform a function previously performed by Department
of Defense employees;
(B) performs that function at the same installation
at which such function was previously performed by
Department of Defense employees or in the vicinity of
that installation; and
(C) is the employer of one or more transferred
employees.
(5) The term ``early deferred retirement age'' means the
first age at which a transferred employee would have been
eligible for immediate retirement under subsection (a) or (b)
of section 8336 of title 5, United States Code, if such
transferred employee had remained an employee within the
meaning of section 8331(1) of such title continuously until
attaining such age.
(6) The term ``severance pay'' means severance pay payable
under section 5595 of title 5, United States Code.
(7) The term ``separation pay'' means separation pay
payable under section 5597 of title 5, United States Code.
(m) Effective Date.--This section shall take effect on August 1,
1996, and shall apply to covered separations from Federal service on or
after that date.
SEC. 1122. TROOPS-TO-TEACHERS PROGRAM IMPROVEMENTS APPLIED TO CIVILIAN
PERSONNEL.
(a) Separated Civilian Employees of the Department of Defense.--(1)
Subsection (a) of section 1598 of title 10, United States Code, is
amended by striking out ``may establish'' and inserting in lieu thereof
``shall establish''.
(2) Subsection (d)(2) of such section is amended by striking out
``five school years'' in subparagraphs (A) and (B) and inserting in
lieu thereof ``two school years''.
(b) Displaced Department of Defense Contractor Employees.--Section
2410j(f)(2) of such title is amended by striking out ``five school
years'' in subparagraphs (A) and (B) and inserting in lieu thereof
``two school years''.
(c) Savings Provision.--The amendments made by this section do not
effect obligations under agreements entered into in accordance with
section 1598 or 2410j of title 10, United States Code, before the date
of the enactment of this Act.
Subtitle C--Defense Intelligence Personnel
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense Civilian
Intelligence Personnel Reform Act of 1996''.
SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT.
Section 1590 of title 10, United States Code, is amended to read as
follows:
``Sec. 1590. Management of civilian intelligence personnel of the
Department of Defense
``(a) General Personnel Management Authority.--The Secretary of
Defense may, without regard to the provisions of any other law relating
to the appointment, number, classification, or compensation of
employees--
``(1) establish--
``(A) as positions in the excepted service, such
defense intelligence component positions (including
Intelligence Senior Level positions) as the Secretary
determines necessary to carry out the intelligence
functions of the defense intelligence components, but
not to exceed in number the number of the defense
intelligence component positions established as of
January 1, 1996; and
``(B) such Intelligence Senior Executive Service
positions as the Secretary determines necessary to
carry out functions referred to in subparagraph (B);
``(2) appoint individuals to such positions (after taking
into consideration the availability of preference eligibles for
appointment to such positions); and
``(3) fix the compensation of such individuals for service
in such positions.
``(b) Basic Pay.--(1)(A) Subject to subparagraph (B) and paragraph
(2), the Secretary of Defense shall fix the rates of basic pay for
positions established under subsection (a) in relation to the rates of
basic pay provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of duties and
responsibilities.
``(B) Except as otherwise provided by law, no rate of basic pay
fixed under subparagraph (A) for a position established under
subsection (a) may exceed--
``(i) in the case of an Intelligence Senior Executive
Service position, the maximum rate provided in section 5382 of
title 5;
``(ii) in the case of an Intelligence Senior Level
position, the maximum rate provided in section 5382 of title 5;
and
``(iii) in the case of any other defense intelligence
component position, the maximum rate provided in section
5306(e) of title 5.
``(2) The Secretary of Defense may, consistent with section 5341 of
title 5, adopt such provisions of that title as provide for prevailing
rate systems of basic pay and may apply those provisions to positions
for civilian employees in or under which the Department of Defense may
employ individuals described by section 5342(a)(2)(A) of such title.
``(c) Additional Compensation, Incentives, and Allowances.--(1)
Employees in defense intelligence component positions may be paid
additional compensation, including benefits, incentives, and
allowances, in accordance with this subsection if, and to the extent,
authorized in regulations prescribed by the Secretary of Defense.
``(2) Additional compensation under this subsection shall be
consistent with, and not in excess of the levels authorized for,
comparable positions authorized by title 5.
``(3)(A) Employees in defense intelligence component positions, if
citizens or nationals of the United States, may be paid an allowance
while stationed outside the continental United States or in Alaska.
``(B) Subject to subparagraph (C), allowances under subparagraph
(A) shall be based on--
``(i) living costs substantially higher than in the
District of Columbia;
``(ii) conditions of environment which differ substantially
from conditions of environment in the continental United States
and warrant an allowance as a recruitment incentive; or
``(iii) both of the factors described in clauses (i) and
(ii).
``(C) An allowance under subparagraph (A) may not exceed an
allowance authorized to be paid by section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.
``(d) Intelligence Senior Executive Service.--(1) The Secretary of
Defense may establish an Intelligence Senior Executive Service for
defense intelligence component positions established pursuant to
subsection (a) that are equivalent to Senior Executive Service
positions.
``(2) The Secretary of Defense shall prescribe regulations for the
Intelligence Senior Executive Service which are consistent with the
requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592,
3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of
section 7543 of such title (except that any hearing or appeal to which
a member of the Intelligence Senior Executive Service is entitled shall
be held or decided pursuant to the regulations), and subchapter II of
chapter 43 of such title. To the extent that the Secretary determines
it practicable to apply to members of, or applicants for, the
Intelligence Senior Executive Service other provisions of title 5 that
apply to members of, or applicants for, the Senior Executive Service,
the Secretary shall also prescribe regulations to implement those
sections with respect to the Intelligence Senior Executive Service.
``(e) Award of Rank to Members of the Intelligence Senior Executive
Service.--The President, based on the recommendations of the Secretary
of Defense, may award a rank referred to in section 4507 of title 5 to
members of the Intelligence Senior Executive Service whose positions
may be established pursuant to this section. The awarding of such rank
shall be made in a manner consistent with the provisions of that
section.
``(f) Intelligence Senior Level Positions.--The Secretary of
Defense may, in accordance with regulations prescribed by the
Secretary, designate as an Intelligence Senior Level position any
defense intelligence component position that, as determined by the
Secretary--
``(1) is classifiable above grade GS-15 of the General
Schedule;
``(2) does not satisfy functional or program management
criteria for being designated an Intelligence Senior Executive
Service position; and
``(3) has no more than minimal supervisory
responsibilities.
``(g) Time Limited Appointments.--(1) The Secretary of Defense may,
in regulations, authorize appointing officials to make time limited
appointments to defense intelligence component positions specified in
the regulations.
``(2) The Secretary of Defense shall review each time limited
appointment in a defense intelligence component position at the end of
the first year of the period of the appointment and determine whether
the appointment should be continued for the remainder of the period.
The continuation of a time limited appointment after the first year
shall be subject to the approval of the Secretary.
``(3) An employee serving in a defense intelligence component
position pursuant to a time limited appointment is not eligible for a
permanent appointment to an Intelligence Senior Executive Service
position (including a position in which serving) unless selected for
the permanent appointment on a competitive basis.
``(4) In this subsection, the term `time limited appointment' means
an appointment (subject to the condition in paragraph (2)) for a period
not to exceed two years.
``(h) Termination of Civilian Intelligence Employees.--(1)
Notwithstanding any other provision of law, the Secretary of Defense
may terminate the employment of any employee in a defense intelligence
component position if the Secretary--
``(A) considers such action to be in the interests of the
United States; and
``(B) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security.
``(2) A decision by the Secretary of Defense to terminate the
employment of an employee under this subsection is final and may not be
appealed or reviewed outside the Department of Defense.
``(3) The Secretary of Defense shall promptly notify the Committee
on National Security and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and
the Select Committee on Intelligence of the Senate whenever the
Secretary terminates the employment of any employee under the authority
of this subsection.
``(4) Any termination of employment under this subsection shall not
affect the right of the employee involved to seek or accept employment
with any other department or agency of the United States if that
employee is declared eligible for such employment by the Director of
the Office of Personnel Management.
``(5) The authority of the Secretary of Defense under this
subsection may be delegated only to the Deputy Secretary of Defense and
the head of a defense intelligence component (with respect to employees
of that component). An action to terminate employment of such an
employee by any such official may be appealed to the Secretary of
Defense.
``(i) Reductions and Other Adjustments in Force.--(1) The Secretary
of Defense, in consultation with the Director of the Office of
Personnel Management, shall prescribe regulations for the separation of
employees in defense intelligence component positions, including
members of the Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, in a reduction in force or other
adjustment in force. The regulations shall apply to such a reduction in
force or other adjustment in force notwithstanding sections 3501(b) and
3502 of title 5.
``(2) The regulations shall give effect to--
``(A) tenure of employment;
``(B) military preference, subject to sections 3501(a)(3)
and 3502(b) of title 5;
``(C) the veteran's preference under section 3502(b) of
title 5;
``(D) performance; and
``(E) length of service computed in accordance with the
second sentence of section 3502(a) of title 5.
``(2) The regulations relating to removal from the Intelligence
Senior Executive Service in a reduction in force or other adjustment in
force shall be consistent with section 3595(a) of title 5.
``(3)(A) The regulations shall provide a right of appeal regarding
a personnel action under the regulations. The appeal shall be
determined within the Department of Defense. An appeal determined at
the highest level provided in the regulations shall be final and not
subject to review outside the Department of Defense. A personnel action
covered by the regulations is not subject to any other provision of law
that provides appellate rights or procedures.
``(B) Notwithstanding subparagraph (A), a preference eligible
referred to in section 7511(a)(1)(B) of title 5 may appeal to the Merit
Systems Protection Board any personnel action taken under the
regulations. Section 7701 of title 5 shall apply to any such appeal.
``(j) Applicability of Merit System Principles.--Section 2301 of
title 5 shall apply to the exercise of authority under this section.
``(k) Collective Bargaining Agreements.--Nothing in this section
may be construed to impair the continued effectiveness of a collective
bargaining agreement with respect to an agency or office that is a
successor to an agency or office covered by the agreement before the
succession.
``(l) Notification of Congress.--At least 60 days before the
effective date of regulations prescribed to carry out this section, the
Secretary of Defense shall submit the regulations to the Committee on
National Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Armed Services and
the Select Committee on Intelligence of the Senate.
``(m) Definitions.--In this section:
``(1) The term `defense intelligence component position'
means a position of civilian employment as an intelligence
officer or employee of a defense intelligence component.
``(2) The term `defense intelligence component' means each
of the following components of the Department of Defense:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The Central Imagery Office.
``(D) Any component of a military department that
performs intelligence functions and is designated as a
defense intelligence component by the Secretary of
Defense.
``(E) Any other component of the Department of
Defense that performs intelligence functions and is
designated as a defense intelligence component by the
Secretary of Defense.
``(F) Any successor to a component listed in, or
designated pursuant to, this paragraph.
``(3) The term `Intelligence Senior Level position' means a
defense intelligence component position designated as an
Intelligence Senior Level position pursuant to subsection (f).
``(4) The term `excepted service' has the meaning given
such term in section 2103 of title 5.
``(5) The term `preference eligible' has the meaning given
such term in section 2108(3) of title 5.
``(6) The term `Senior Executive Service position' has the
meaning given such term in section 3132(a)(2) of title 5.
``(7) The term `collective bargaining agreement' has the
meaning given such term in section 7103(8) of title 5.''.
SEC. 1133. REPEALS.
(a) Defense Intelligence Senior Executive Service.--Sections 1601,
1603, and 1604 of title 10, United States Code, are repealed.
(b) National Security Agency Personnel Management Authorities.--(1)
Sections 2 and 4 of the National Security Agency Act of 1959 (50 U.S.C.
402 note) are repealed.
(2) Section 303 of the Internal Security Act of 1950 (50 U.S.C.
833) is repealed.
SEC. 1134. CLERICAL AMENDMENTS.
(a) Amended Section Heading.--The item relating to section 1590 in
the table of sections at the beginning of chapter 81 of title 10,
United States Code, is amended to read as follows:
``1590. Management of civilian intelligence personnel of the Department
of Defense.''.
(b) Repealed Sections.--The table of sections at the beginning of
chapter 83 of title 10, United States Code, is amended by striking out
the items relating to sections 1601, 1603, and 1604.
TITLE XII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
SEC. 1201. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The Fleet Reserve Association, a nonprofit corporation organized
under the laws of the State of Delaware, is recognized as such and
granted a Federal charter.
SEC. 1202. POWERS.
The Fleet Reserve Association (in this title referred to as the
``association'') shall have only those powers granted to it through its
bylaws and articles of incorporation filed in the State in which it is
incorporated and subject to the laws of such State.
SEC. 1203. PURPOSES.
The purposes of the association are those provided in its bylaws
and articles of incorporation and shall include the following:
(1) Upholding and defending the Constitution of the United
States.
(2) Aiding and maintaining an adequate naval defense for
the United States.
(3) Assisting the recruitment of the best personnel
available for the United States Navy, United States Marine
Corps, and United States Coast Guard.
(4) Providing for the welfare of the personnel who serve in
the United States Navy, United States Marine Corps, and United
States Coast Guard.
(5) Continuing to serve loyally the United States Navy,
United States Marine Corps, and United States Coast Guard.
(6) Preserving the spirit of shipmanship by providing
assistance to shipmates and their families.
(7) Instilling love of the United States and the flag and
promoting soundness of mind and body in the youth of the United
States.
SEC. 1204. SERVICE OF PROCESS.
With respect to service of process, the association shall comply
with the laws of the State in which it is incorporated and those States
in which it carries on its activities in furtherance of its corporate
purposes.
SEC. 1205. MEMBERSHIP.
Except as provided in section 1208(g), eligibility for membership
in the association and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the
association.
SEC. 1206. BOARD OF DIRECTORS.
Except as provided in section 1208(g), the composition of the board
of directors of the association and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the State in which it is
incorporated.
SEC. 1207. OFFICERS.
Except as provided in section 1208(g), the positions of officers of
the association and the election of members to such officers shall be
as provided in the bylaws and articles of incorporation of the
association and in conformity with the laws of the State in which it is
incorporated.
SEC. 1208. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or assets of
the association may inure to the benefit of any member, officer, or
director of the association or be distributed to any such individual
during the life of this charter. Nothing in this subsection may be
construed to prevent the payment of reasonable compensation to the
officers and employees of the association or reimbursement for actual
and necessary expenses in amounts approved by the board of directors.
(b) Loans.--The association may not make any loan to any member,
officer, director, or employee of the association.
(c) Issuance of Stock and Payment of Dividends.--The association
may not issue any shares of stock or declare or pay any dividend.
(d) Federal Approval.--The association may not claim the approval
of the Congress or the authorization of the Federal Government for any
of its activities by virtue of this title.
(e) Corporate Status.--The association shall maintain its status as
a corporation organized and incorporated under the laws of the State of
Delaware.
(f) Corporate Function.--The association shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the State in which it is incorporated.
(g) Nondiscrimination.--In establishing the conditions of
membership in the association and in determining the requirements for
serving on the board of directors or as an officer of the association,
the association may not discriminate on the basis of race, color,
religion, sex, handicap, age, or national origin.
SEC. 1209. LIABILITY.
The association shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 1210. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The association shall keep
correct and complete books and records of account and minutes of any
proceeding of the association involving any of its members, the board
of directors, or any committee having authority under the board of
directors.
(b) Names and Addresses of Members.--The association shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the association.
(c) Right to Inspect Books and Records.--All books and records of
the association may be inspected by any member having the right to vote
in any proceeding of the association, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 1211. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end the following:
``(77) Fleet Reserve Association.''.
SEC. 1212. ANNUAL REPORT.
The association shall annually submit to Congress a report
concerning the activities of the association during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by reason of the amendment made in
section 1211. The annual report shall not be printed as a public
document.
SEC. 1213. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.
The right to alter, amend, or repeal this title is expressly
reserved to Congress.
SEC. 1214. TAX-EXEMPT STATUS.
The association shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 1215. TERMINATION.
The charter granted in this title shall expire if the association
fails to comply with any of the provisions of this title.
SEC. 1216. DEFINITION.
For purposes of this title, the term ``State'' means any of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, American Samoa, the Republic of the
Marshall Islands, the Federated States Of Micronesia, the Republic of
Palau, and any other territory or possession of the United States.
TITLE XIII--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of Mass
Destruction Act of 1996''.
SEC. 1302. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials and
technologies are increasingly available from worldwide sources.
Technical information relating to such weapons is readily
available on the Internet, and raw materials for chemical,
biological, and radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a vast
array of nuclear, biological, and chemical weapons of mass
destruction.
(3) Many of the states of the former Soviet Union retain
the facilities, materials, and technologies capable of
producing additional quantities of weapons of mass destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control systems,
deficiencies in accountability for weapons, weapons-related
materials and technologies, economic hardships, and significant
gaps in border control among the states of the former Soviet
Union. The problems of organized crime and corruption in the
states of the former Soviet Union increase the potential for
proliferation of nuclear, radiological, biological, and
chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially hostile
nations, terrorist groups, and individuals to acquire weapons
of mass destruction and related materials and technologies from
within the states of the former Soviet Union and from
unemployed scientists who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to acquire
nuclear, radiological, biological, and chemical weapons is
greater than any time in history.
(7) The President has identified North Korea, Iraq, Iran,
and Libya as hostile states which already possess some weapons
of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons
of mass destruction is well within the capability of many
extremist and terrorist movements, acting independently or as
proxies for foreign states.
(9) Foreign states can transfer weapons to or otherwise aid
extremist and terrorist movements indirectly and with plausible
deniability.
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States and
Japan, and a radiological attack in Russia.
(11) The potential for the national security of the United
States to be threatened by nuclear, radiological, chemical, or
biological terrorism must be taken as seriously as the risk of
an attack by long-range ballistic missiles carrying nuclear
weapons.
(12) There is a significant and growing threat of attack by
weapons of mass destruction on targets that are not military
targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of the
United States by nuclear, radiological, biological, and
chemical weapons delivered by unconventional means is
significant and growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or chemical
materials, even if such materials are not configured as
military weapons.
(15) Facilities required for production of radiological,
biological, and chemical weapons are much smaller and harder to
detect than nuclear weapons facilities, and biological, and
chemical weapons can be deployed by alternative delivery means
that are much harder to detect than long-range ballistic
missiles.
(16) Such delivery systems have no assignment of
responsibility, unlike ballistic missiles, for which a launch
location would be unambiguously known.
(17) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons, which might be
preferable to foreign states and nonstate organizations,
include cargo ships, passenger aircraft, commercial and private
vehicles and vessels, and commercial cargo shipments routed
through multiple destinations.
(18) Traditional arms control efforts assume large state
efforts with detectable manufacturing programs and weapons
production programs, but are ineffective in monitoring and
controlling smaller, though potentially more dangerous,
unconventional proliferation efforts.
(19) Conventional counterproliferation efforts would do
little to detect or prevent the rapid development of a
capability to suddenly manufacture several hundred chemical or
biological weapons with nothing but commercial supplies and
equipment.
(20) The United States lacks adequate planning and
countermeasures to address the threat of nuclear, radiological,
biological, and chemical terrorism.
(21) The Department of Energy has established a Nuclear
Emergency Response Team which is available in case of nuclear
or radiological emergencies, but no comparable units exist to
deal with emergencies involving biological, or chemical weapons
or related materials.
(22) State and local emergency response personnel are not
adequately prepared or trained for incidents involving nuclear,
radiological, biological, or chemical materials.
(23) Exercises of the Federal, State, and local response to
nuclear, radiological, biological, or chemical terrorism have
revealed serious deficiencies in preparedness and severe
problems of coordination.
(24) The development of, and allocation of responsibilities
for, effective countermeasures to nuclear, radiological,
biological, or chemical terrorism in the United States requires
well-coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State and local
governments.
(25) Training and exercises can significantly improve the
preparedness of State and local emergency response personnel
for emergencies involving nuclear, radiological, biological, or
chemical weapons or related materials.
(26) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dismantling, and disposing of explosive ordnance,
as well as radiological, biological, and chemical materials,
can be a vital contribution to the development and deployment
of countermeasures against nuclear, biological, and chemical
weapons of mass destruction.
(27) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons of
mass destruction.
SEC. 1303. DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means any
weapon or device that is intended, or has the capability, to
cause death or serious bodily injury to a significant number of
people through the release, dissemination, or impact of--
(A) toxic or poisonous chemicals or their
precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235.
Subtitle A--Domestic Preparedness
SEC. 1311. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall carry out
a program to provide civilian personnel of Federal, State, and local
agencies with training and expert advice regarding emergency responses
to a use or threatened use of a weapon of mass destruction or related
materials.
(2) The President may designate the head of an agency other than
the Department of Defense to assume the responsibility for carrying out
the program on or after October 1, 1999, and relieve the Secretary of
Defense of that responsibility upon the assumption of the
responsibility by the designated official.
(3) Hereafter in this section, the official responsible for
carrying out the program is referred to as the ``lead official''.
(b) Coordination.--In carrying out the program, the lead official
shall coordinate with each of the following officials who is not
serving as the lead official:
(1) The Director of the Federal Emergency Management
Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local
government agencies that have an expertise or responsibilities
relevant to emergency responses described in subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible to
receive assistance under the program are civilian personnel of Federal,
State, and local agencies who have emergency preparedness
responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead official
may use personnel and capabilities of Federal agencies outside the
agency of the lead official to provide training and expert advice under
the program.
(2)(A) Personnel used under paragraph (1) shall be personnel who
have special skills relevant to the particular assistance that the
personnel are to provide.
(B) Capabilities used under paragraph (1) shall be capabilities
that are especially relevant to the particular assistance for which the
capabilities are used.
(e) Available Assistance.--Assistance available under this program
shall include the following:
(1) Training in the use, operation, and maintenance of
equipment for--
(A) detecting a chemical or biological agent or
nuclear radiation;
(B) monitoring the presence of such an agent or
radiation;
(C) protecting emergency personnel and the public;
and
(D) decontamination.
(2) Establishment of a designated telephonic link (commonly
referred to as a ``hot line'') to a designated source of
relevant data and expert advice for the use of State or local
officials responding to emergencies involving a weapon of mass
destruction or related materials.
(3) Use of the National Guard and other reserve components
for purposes authorized under this section that are specified
by the lead official (with the concurrence of the Secretary of
Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law
Enforcement Agencies.--Assistance provided by the Department of Defense
to law enforcement agencies under this section shall be provided under
the authority of, and subject to the restrictions provided in, chapter
18 of title 10, United States Code.
(g) Administration of Department of Defense Assistance.--The
Secretary of Defense shall designate an official within the Department
of Defense to serve as the executive agent of the Secretary for the
coordination of the provision of Department of Defense assistance under
this section.
(h) Funding.--(1) Of the total amount authorized to be appropriated
under section 301, $35,000,000 is available for the program required
under this section.
(2) Of the amount available for the program pursuant to paragraph
(1), $10,500,000 is available for use by the Secretary of Defense to
assist the Surgeon General of the United States in the establishment of
metropolitan emergency medical response teams (commonly referred to as
``Metropolitan Medical Strike Force Teams'') to provide medical
services that are necessary or potentially necessary by reason of a use
or threatened use of a weapon of mass destruction.
(3) The amount available for the program under paragraph (1) is in
addition to any other amounts authorized to be appropriated for the
program under section 301.
SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the executive
agent for--
(1) the coordination of Department of Defense assistance to
Federal, State, and local officials in responding to threats
involving biological or chemical weapons or related materials
or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of biological and
chemical weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance to
the Department of Energy in carrying out that department's
responsibilities under subsection (b).
(b) Department of Energy.--The Secretary of Energy shall designate
an official within the Department of Energy as the executive agent
for--
(1) the coordination of Department of Energy assistance to
Federal, State, and local officials in responding to threats
involving nuclear weapons or related materials or technologies,
including assistance in identifying, neutralizing, dismantling,
and disposing of nuclear weapons and related materials and
technologies; and
(2) the coordination of Department of Energy assistance to
the Department of Defense in carrying out that department's
responsibilities under subsection (a).
(c) Funding.--(1)(A) Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for providing
assistance described in subsection (a).
(B) The amount available under subparagraph (A) for providing
assistance described in subsection (a) is in addition to any other
amounts authorized to be appropriated under section 301 for that
purpose.
(2)(A) Of the total amount authorized to be appropriated under
title XXXI, $15,000,000 is available for providing assistance described
in subsection (b).
(B) The amount available under subparagraph (A) for providing
assistance is in addition to any other amounts authorized to be
appropriated under title XXXI for that purpose.
SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN
EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR CHEMICAL
WEAPONS.
(a) Assistance Authorized.--(1) The chapter 18 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 382. Emergency situations involving chemical or biological
weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the request of
the Attorney General, may provide assistance in support of Department
of Justice activities relating to the enforcement of section 175 or
2332c of title 18 during an emergency situation involving a biological
or chemical weapon of mass destruction. Department of Defense
resources, including personnel of the Department of Defense, may be
used to provide such assistance if--
``(1) the Secretary of Defense and the Attorney General
jointly determine that an emergency situation exists; and
``(2) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(b) Emergency Situations Covered.--As used in this section, the
term `emergency situation involving a biological or chemical weapon of
mass destruction' means a circumstance involving a biological or
chemical weapon of mass destruction--
``(1) that poses a serious threat to the interests of the
United States; and
``(2) in which--
``(A) civilian expertise and capabilities are not
readily available to provide the required assistance to
counter the threat immediately posed by the weapon
involved;
``(B) special capabilities and expertise of the
Department of Defense are necessary and critical to
counter the threat posed by the weapon involved; and
``(C) enforcement of section 175 or 2332c of title
18 would be seriously impaired if the Department of
Defense assistance were not provided.
``(c) Forms of Assistance.--The assistance referred to in
subsection (a) includes the operation of equipment (including equipment
made available under section 372 of this title) to monitor, contain,
disable, or dispose of the weapon involved or elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the Attorney
General shall jointly issue regulations concerning the types of
assistance that may be provided under this section. Such regulations
shall also describe the actions that Department of Defense personnel
may take in circumstances incident to the provision of assistance under
this section.
``(2)(A) Except as provided in subparagraph (B), the regulations
may not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a search for
or seizure of evidence related to a violation of section 175 or
2332c of title 18.
``(iii) Any direct participation in the collection of
intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the immediate
protection of human life, and civilian law enforcement
officials are not capable of taking the action.
``(ii) The action is otherwise authorized under subsection
(c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall require
reimbursement as a condition for providing assistance under this
section to the extent required under section 377 of this title.
``(f) Delegations of Authority.--(1) Except to the extent otherwise
provided by the Secretary of Defense, the Deputy Secretary of Defense
may exercise the authority of the Secretary of Defense under this
section. The Secretary of Defense may delegate the Secretary's
authority under this section only to an Under Secretary of Defense or
an Assistant Secretary of Defense and only if the Under Secretary or
Assistant Secretary to whom delegated has been designated by the
Secretary to act for, and to exercise the general powers of, the
Secretary.
``(2) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority of the
Attorney General under this section. The Attorney General may delegate
that authority only to the Associate Attorney General or an Assistant
Attorney General and only if the Associate Attorney General or
Assistant Attorney General to whom delegated has been designated by the
Attorney General to act for, and to exercise the general powers of, the
Attorney General.
``(g) Relationship to Other Authority.--Nothing in this section
shall be construed to restrict any executive branch authority regarding
use of members of the armed forces or equipment of the Department of
Defense that was in effect before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1997.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``382. Emergency situations involving chemical or biological weapons of
mass destruction.''.
(b) Conforming Amendment to Condition for Providing Equipment and
Facilities.--Section 372(b)(1) of title 10, United States Code, is
amended by adding at the end the following: ``The requirement for a
determination that an item is not reasonably available from another
source does not apply to assistance provided under section 382 of this
title pursuant to a request of the Attorney General for the
assistance.''.
(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States Code, is
amended by inserting after section 175 the following:
``Sec. 175a. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
175 of this title in an emergency situation involving a biological
weapon of mass destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in
accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 175 the
following:
``175a. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code, that
relates to terrorism is amended by inserting after section 2332c the
following:
``Sec. 2332d. Requests for military assistance to enforce prohibition
in certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
2332c of this title during an emergency situation involving a chemical
weapon of mass destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in
accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2332c the
following:
``2332d. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(d) Civilian Expertise.--The President shall take reasonable
measures to reduce the reliance of civilian law enforcement officials
on Department of Defense resources to counter the threat posed by the
use or potential use of biological and chemical weapons of mass
destruction within the United States. The measures shall include--
(1) actions to increase civilian law enforcement expertise
to counter such a threat; and
(2) actions to improve coordination between civilian law
enforcement officials and other civilian sources of expertise,
within and outside the Federal Government, to counter such a
threat.
(e) Reports.--The President shall submit to Congress the following
reports:
(1) Not later than 90 days after the date of the enactment
of this Act, a report describing the respective policy
functions and operational roles of Federal agencies in
countering the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within the
United States.
(2) Not later than one year after such date, a report
describing--
(A) the actions planned to be taken to carry out
subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a report
updating the information provided in the reports submitted
pursuant to paragraphs (1) and (2), including the measures
taken pursuant to subsection (d).
SEC. 1314. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR,
RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--(1) The
Secretary of Defense shall develop and carry out a program for testing
and improving the responses of Federal, State, and local agencies to
emergencies involving biological weapons and related materials and
emergencies involving chemical weapons and related materials.
(2) The program shall include exercises to be carried out during
each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall
coordinate with the Director of the Federal Bureau of Investigation,
the Director of the Federal Emergency Management Agency, the Secretary
of Energy, and the heads of any other Federal, State, and local
government agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological Weapons.--(1)
The Secretary of Energy shall develop and carry out a program for
testing and improving the responses of Federal, State, and local
agencies to emergencies involving nuclear and radiological weapons and
related materials.
(2) The program shall include exercises to be carried out during
each of five successive fiscal years beginning with fiscal year 1997.
(3) In developing and carrying out the program, the Secretary shall
coordinate with the Director of the Federal Bureau of Investigation,
the Director of the Federal Emergency Management Agency, the Secretary
of Defense, and the heads of any other Federal, State, and local
government agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
(c) Annual Revisions of Programs.--The official responsible for
carrying out a program developed under subsection (a) or (b) shall
revise the program not later than June 1 in each fiscal year covered by
the program. The revisions shall include adjustments that the official
determines necessary or appropriate on the basis of the lessons learned
from the exercise or exercises carried out under the program in the
fiscal year, including lessons learned regarding coordination problems
and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President may
designate the head of an agency outside the Department of Defense to
assume the responsibility for carrying out the program developed under
subsection (a) beginning on or after October 1, 1999, and relieve the
Secretary of Defense of that responsibility upon the assumption of the
responsibility by the designated official.
(2) The President may designate the head of an agency outside the
Department of Energy to assume the responsibility for carrying out the
program developed under subsection (b) beginning on or after October 1,
1999, and relieve the Secretary of Energy of that responsibility upon
the assumption of the responsibility by the designated official.
(e) Funding.--(1) Of the total amount authorized to be appropriated
under section 301, $15,000,000 is available for the development and
execution of the programs required by this section, including the
participation of State and local agencies in exercises carried out
under the programs.
(2) The amount available under paragraph (1) for the development
and execution of programs referred to in that paragraph is in addition
to any other amounts authorized to be appropriated under section 301
for such purposes.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1321. UNITED STATES BORDER SECURITY.
(a) Procurement of Detection Equipment.--(1) Of the amount
authorized to be appropriated by section 301, $15,000,000 is available
for the procurement of--
(A) equipment capable of detecting the movement of weapons
of mass destruction and related materials into the United
States;
(B) equipment capable of interdicting the movement of
weapons of mass destruction and related materials into the
United States; and
(C) materials and technologies related to use of equipment
described in subparagraph (A) or (B).
(2) The amount available under paragraph (1) for the procurement of
items referred to in that paragraph is in addition to any other amounts
authorized to be appropriated under section 301 for such purpose.
(b) Availability of Equipment to Commissioner of Customs.--To the
extent authorized under chapter 18 of title 10, United States Code, the
Secretary of Defense may make equipment of the Department of Defense
described in subsection (a), and related materials and technologies,
available to the Commissioner of Customs for use in detecting and
interdicting the movement of weapons of mass destruction into the
United States.
SEC. 1322. NONPROLIFERATION AND COUNTER-
PROLIFERATION RESEARCH AND DEVELOPMENT.
(a) Activities Authorized.--The Secretary of Defense and the
Secretary of Energy are each authorized to carry out research on and
development of technical means for detecting the presence,
transportation, production, and use of weapons of mass destruction and
technologies and materials that are precursors of weapons of mass
destruction.
(b) Funding.--(1)(A) There is authorized to be appropriated for the
Department of Defense for fiscal year 1997, $10,000,000 for research
and development carried out by the Secretary of Defense pursuant to
subsection (a).
(B) The amount authorized to be appropriated for research and
development under subparagraph (A) is in addition any other amounts
that are authorized to be appropriated under this Act for such research
and development, including funds authorized to be appropriated for
research and development relating to nonproliferation of weapons of
mass destruction.
(2)(A) Of the total amount authorized to be appropriated under
title XXXI, $19,000,000 is available for research and development
carried out by the Secretary of Energy pursuant to subsection (a).
(B) The amount available under subparagraph (B) is in addition to
any other amount authorized to be appropriated under title XXXI for
such research and development.
SEC. 1323. INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended--
(1) in subsection (a)(1)(B), by striking out ``importation
or exportation of,'' and inserting in lieu thereof
``importation, exportation, or attempted importation or
exportation of,''; and
(2) in subsection (b)(3), by striking out ``importation
from any country, or the exportation'' and inserting in lieu
thereof ``importation or attempted importation from any
country, or the exportation or attempted exportation''.
SEC. 1324. CRIMINAL PENALTIES.
It is the sense of Congress that--
(1) the sentencing guidelines prescribed by the United
States Sentencing Commission for the offenses of importation,
attempted importation, exportation, and attempted exportation
of nuclear, biological, and chemical weapons materials
constitute inadequate punishment for such offenses; and
(2) Congress urges the United States Sentencing Commission
to revise the relevant sentencing guidelines to provide for
increased penalties for offenses relating to importation,
attempted importation, exportation, and attempted exportation
of nuclear, biological, or chemical weapons or related
materials or technologies under--
(A) section 11 of the Export Administration Act of
1979 (50 U.S.C. App. 2410);
(B) sections 38 and 40 the Arms Export Control Act
(22 U.S.C. 2778 and 2780);
(C) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.); and
(D) section 309(c) of the Nuclear Non-Proliferation
Act of 1978 (22 U.S.C. 2156a(c).
SEC. 1325. INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of Defense,
in consultation and cooperation with the Commissioner of Customs, shall
carry out programs for assisting customs officials and border guard
officials in the independent states of the former Soviet Union, the
Baltic states, and other countries of Eastern Europe in preventing
unauthorized transfer and transportation of nuclear, biological, and
chemical weapons and related materials. Training, expert advice,
maintenance of equipment, loan of equipment, and audits may be provided
under or in connection with the programs.
(b) Funding.--(1) Of the total amount authorized to be appropriated
by section 301, $15,000,000 is available for carrying out the programs
referred to in subsection (a).
(2) The amount available under paragraph (1) for programs referred
to in that paragraph is in addition to any other amounts authorized to
be appropriated under section 301 for such programs.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1331. PROTECTION AND CONTROL OF MATERIALS CONSTITUTING A THREAT TO
THE UNITED STATES.
(a) Department of Energy Program.--Subject to subsection (c)(1),
the Secretary of Energy may, under materials protection, control, and
accounting assistance of the Department of Energy, provide assistance
for securing from theft or other unauthorized disposition nuclear
materials that are not so secured and are located at any site within
the former Soviet Union where effective controls for securing such
materials are not in place.
(b) Department of Defense Program.--Subject to subsection (c)(2),
the Secretary of Defense may provide materials protection, control, and
accounting assistance under the Cooperative Threat Reduction Programs
of the Department of Defense for securing from theft or other
unauthorized disposition, or for destroying, nuclear, radiological,
biological, or chemical weapons (or related materials) that are not so
secure and are located at any site within the former Soviet Union where
effective controls for securing such weapons are not in place.
(c) Funding.--(1)(A) Of the total amount authorized to be
appropriated under title XXXI, $15,000,000 is available for materials
protection, control, and accounting assistance of the Department of
Energy for providing assistance under subsection (a).
(B) The amount available under subparagraph (A) is in addition to
any other funds that are authorized to be appropriated under title XXXI
for materials protection, control, and accounting assistance of the
Department of Energy.
(2)(A) Of the total amount authorized to be appropriated under
section 301, $10,000,000 is available for the Cooperative Threat
Reduction Programs of the Department of Defense for providing materials
protection, control, and accounting assistance under subsection (b).
(B) The amount available under subparagraph (A) is in addition to
any other funds that are authorized to be appropriated by section 301
for materials protection, control, and accounting assistance of the
Department of Defense.
SEC. 1332. VERIFICATION OF DISMANTLEMENT AND CONVERSION OF WEAPONS AND
MATERIALS.
(a) Funding for Cooperative Activities for Development of
Technologies.--Of the total amount authorized to be appropriated under
title XXXI, $10,000,000 is available for continuing and expediting
cooperative activities with the Government of Russia to develop and
deploy--
(1) technologies for improving verification of nuclear
warhead dismantlement;
(2) technologies for converting plutonium from weapons into
forms that--
(A) are better suited for long-term storage than
are the forms from which converted;
(B) facilitate verification; and
(C) are suitable for nonweapons use; and
(3) technologies that promote openness in Russian
production, storage, use, and final and interim disposition of
weapon-usable fissible material, including at tritium/isotope
production reactors, uranium enrichment plants, chemical
separation plants, and fabrication facilities associated with
naval and civil research reactors.
(b) Weapons-Usable Fissile Materials To Be Covered by Cooperative
Threat Reduction Programs on Elimination or Transportation of Nuclear
Weapons.--Section 1201(b)(1) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22 U.S.C. 5955
note) is amended by inserting ``, fissile material suitable for use in
nuclear weapons,'' after ``other weapons''.
SEC. 1333. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Defense, in consultation
with the Secretary of Energy, shall develop a cooperative program with
the Government of Russia to eliminate the production of weapons grade
plutonium by modifying or replacing the reactor cores at Tomsk-7 and
Krasnoyarsk-26 with reactor cores that are less suitable for the
production of weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be designed to
achieve completion of the modifications or replacements of the reactor
cores within three years after the modification or replacement
activities under the program are begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or
replacement of the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is
necessary for carrying out the activities under the program for
each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the
benefits of other nonproliferation programs.
(d) Funding for Initial Phase.--(1) Of the total amount authorized
to be appropriated by section 301 other than for Cooperative Threat
Reduction programs, $16,000,000 is available for the initial phase of
the program under subsection (a).
(2) The amount available for the initial phase of the reactor
modification or replacement program under paragraph (1) is in addition
to amounts authorized to be appropriated for Cooperative Threat
Reduction programs under section 301(20).
SEC. 1334. INDUSTRIAL PARTNERSHIP PROGRAMS TO DEMILITARIZE WEAPONS OF
MASS DESTRUCTION PRODUCTION FACILITIES.
(a) Department of Energy Program.--The Secretary of Energy shall
expand the Industrial Partnership Program of the Department of Energy
to include coverage of all of the independent states of the former
Soviet Union.
(b) Department of Defense Program.--The Secretary of Defense shall
establish a program to support the dismantlement or conversion of the
biological and chemical weapons facilities in the independent states of
the former Soviet Union to uses for nondefense purposes. The Secretary
may carry out such program in conjunction with, or separately from, the
organization designated as the Defense Enterprise Fund (formerly
designated as the ``Demilitarization Enterprise Fund'' under section
1204 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 22 U.S.C. 5953)).
(c) Funding for Department of Defense Program.--(1)(A) Of the total
amount authorized to be appropriated under section 301, $15,000,000 is
available for the program under subsection (b).
(B) The amount available under subparagraph (A) for the industrial
partnership program of the Department of Defense established pursuant
to subsection (b) is in addition to the amount authorized to be
appropriated for Cooperative Threat Reduction programs under section
301.
(2) It is the sense of Congress that the Secretary of Defense
should transfer to the Defense Enterprise Fund, $20,000,000 out of the
funds appropriated for Cooperative Threat Reduction programs for fiscal
years before fiscal year 1997 that remain available for obligation.
SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY AND SECURITY OF
NUCLEAR MATERIALS.
(a) Program Expansion Authorized.--The Secretary of Energy is
authorized to expand the Lab-to-Lab program of the Department of Energy
to improve the safety and security of nuclear materials in the
independent states of the former Soviet Union where the Lab-to-Lab
program is not being carried out on the date of the enactment of this
Act.
(b) Funding.--(1) Of the total amount authorized to be appropriated
under title XXXI, $20,000,000 is available for expanding the Lab-to-Lab
program as authorized under subsection (a).
(2) The amount available under paragraph (1) is in addition to any
other amount otherwise available for the Lab-to-Lab program.
SEC. 1336. COOPERATIVE ACTIVITIES ON SECURITY OF HIGHLY ENRICHED
URANIUM USED FOR PROPULSION OF RUSSIAN SHIPS.
(a) Responsible United States Official.--The Secretary of Energy
shall be responsible for carrying out United States cooperative
activities with the Government of the Russian Federation on improving
the security of highly enriched uranium that is used for propulsion of
Russian military and civilian ships.
(b) Plan Required.--(1) The Secretary shall develop and
periodically update a plan for the cooperative activities referred to
in subsection (a).
(2) The Secretary shall coordinate the development and updating of
the plan with the Secretary of Defense. The Secretary of Defense shall
involve the Joint Chiefs of Staff in the coordination.
(c) Funding.--(1) Of the total amount authorized to be appropriated
by title XXXI, $6,000,000 is available for materials protection,
control, and accounting program of the Department of Energy for the
cooperative activities referred to in subsection (a).
(2) The amount available for the Department of Energy for materials
protection, control, and accounting program under paragraph (1) is in
addition to other amounts authorized to be appropriated by title XXXI
for such program.
SEC. 1337. MILITARY-TO-MILITARY RELATIONS.
(a) Funding.--Of the total amount authorized to be appropriated
under section 301, $2,000,000 is available for expanding military-to-
military programs of the United States that focus on countering the
threats of proliferation of weapons of mass destruction so as to
include the security forces of independent states of the former Soviet
Union, particularly states in the Caucasus region and Central Asia.
(b) Relationship to Other Funding Authority.--The amount available
for expanding military-to-military programs under subsection (a) is in
addition to the amount authorized to be appropriated for Cooperative
Threat Reduction programs under section 301.
SEC. 1338. TRANSFER AUTHORITY.
(a) Secretary of Defense.--(1) To the extent provided in
appropriations Acts, the Secretary of Defense may transfer amounts
appropriated pursuant to this subtitle for the Department of Defense
for programs and authorities under this subtitle to appropriations
available for programs authorized under subtitle A.
(2) Amounts so transferred shall be merged with the appropriations
to which transferred and shall be available for the programs for which
the amounts are transferred.
(3) The transfer authority under paragraph (1) is in addition to
any other transfer authority provided by this Act.
(b) Secretary of Energy.--(1) To the extent provided in
appropriations Acts, the Secretary of Energy may transfer amounts
appropriated pursuant to this subtitle for the Department of Energy for
programs and authorities under this subtitle to appropriations
available for programs authorized under subtitle A.
(2) Amounts so transferred shall be merged with the appropriations
to which transferred and shall be available for the programs for which
the amounts are transferred.
(3) The transfer authority under paragraph (1) is in addition to
any other transfer authority provided by this Act.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1341. NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate an
individual to serve in the Executive Office of the President as the
National Coordinator for Nonproliferation Matters.
(b) Duties.--The Coordinator shall have the following
responsibilities:
(1) To be the principal adviser to the President on
nonproliferation of weapons of mass destruction, including
issues related to terrorism, arms control, and international
organized crime.
(2) To chair the Committee on Nonproliferation established
under section 1342.
(3) To take such actions as are necessary to ensure that
there is appropriate emphasis in, cooperation on, and
coordination of, nonproliferation research efforts of the
United States, including activities of Federal agencies as well
as activities of contractors funded by the Federal Government.
(c) Relationship to Certain Senior Directors of National Security
Council.--(1) The senior directors of the National Security Council
report to the Coordinator regarding the following matters:
(A) Nonproliferation of weapons of mass destruction and
related issues.
(B) Management of crises involving use or threatened use of
weapons of mass destruction, and on management of the
consequences of the use or threatened use of such a weapon.
(C) Terrorism, arms control, and organized crime issues
that relate to the threat of proliferation of weapons of mass
destruction.
(2) Nothing in paragraph (1) shall be construed to affect the
reporting relationship between a senior director and the Assistant to
the President for National Security Affairs or any other supervisor
regarding matters other than matters described in paragraph (1).
(d) Allocation of Funds.--Of the total amount authorized to be
appropriated under section 201, $2,000,000 is available for carrying
out research referred to in subsection (b)(3). Such amount is in
addition to any other amounts authorized to be appropriated under
section 201 for such purpose.
SEC. 1342. NATIONAL SECURITY COUNCIL COMMITTEE ON NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in this
section referred to as the ``Committee'') is established as a committee
of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of the
following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency Management
Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may designate.
(2) The National Coordinator for Nonproliferation Matters shall
chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs, policies,
and directives relating to the proliferation of weapons of mass
destruction and related materials and technologies, including
matters relating to terrorism and international organized
crime.
(2) To make recommendations to the President regarding the
following:
(A) Integrated national policies for countering the
threats posed by weapons of mass destruction.
(B) Options for integrating Federal agency budgets
for countering such threats.
(C) Means to ensure that the Federal, State, and
local governments have adequate capabilities to manage
crises involving nuclear, radiological, biological, or
chemical weapons or related materials or technologies,
and to manage the consequences of a use of such a
weapon or related materials or technologies, and that
use of those capabilities is coordinated.
(D) Means to ensure appropriate cooperation on, and
coordination of, the following:
(i) Preventing the smuggling of weapons of
mass destruction and related materials and
technologies.
(ii) Promoting domestic and international
law enforcement efforts against proliferation-
related efforts.
(iii) Countering the involvement of
organized crime groups in proliferation-related
activities.
(iv) Safeguarding weapons of mass
destruction materials and related technologies.
(v) Improving coordination and cooperation
among intelligence activities, law enforcement,
and the Departments of Defense, State,
Commerce, and Energy in support of
nonproliferation and counterproliferation
efforts.
(vi) Ensuring the continuation of effective
export controls over materials and technologies
that can contribute to the acquisition of
weapons of mass destruction.
(vii) Reducing proliferation of weapons of
mass destruction and related materials and
technologies.
SEC. 1343. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the Committee
on Nonproliferation established under section 1342, shall develop a
comprehensive program for carrying out this title.
(b) Content of Program.--The program set forth in the report shall
include specific plans as follows:
(1) Plans for countering proliferation of weapons of mass
destruction and related materials and technologies.
(2) Plans for training and equipping Federal, State, and
local officials for managing a crisis involving a use or
threatened use of a weapon of mass destruction, including the
consequences of the use of such a weapon.
(3) Plans for providing for regular sharing of information
among intelligence, law enforcement, and customs agencies.
(4) Plans for training and equipping law enforcement units,
customs services, and border security personnel to counter the
smuggling of weapons of mass destruction and related materials
and technologies.
(5) Plans for establishing appropriate centers for
analyzing seized nuclear, radiological, biological, and
chemical weapons, and related materials and technologies.
(6) Plans for establishing in the United States appropriate
legal controls and authorities relating to the exporting of
nuclear, radiological, biological, and chemical weapons, and
related materials and technologies.
(7) Plans for encouraging and assisting governments of
foreign countries to implement and enforce laws that set forth
appropriate penalties for offenses regarding the smuggling of
weapons of mass destruction and related materials and
technologies.
(8) Plans for building the confidence of the United States
and Russia in each other's controls over United States and
Russian nuclear weapons and fissile materials, including plans
for verifying the dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian stockpiles
of excess plutonium, reflecting--
(A) consideration of the desirability and
feasibility of a United States-Russian agreement
governing fissile material disposition and the specific
technologies and approaches to be used for disposition
of excess plutonium; and
(B) an assessment of the options for United States
cooperation with Russia in the disposition of Russian
plutonium.
(10) Plans for studying the merits and costs of
establishing a global network of means for detecting and
responding to terroristic or other criminal use of biological
agents against people or other forms of life in the United
States or any foreign country.
(c) Report.--(1) At the same time that the President submits the
budget for fiscal year 1998 to Congress pursuant to section 1105(a) of
title 31, United States Code, the President shall submit to Congress a
report that sets forth the comprehensive program developed under
subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are required
under subsection (b).
(B) Estimates of the funds necessary for carrying out such
plans in fiscal year 1998.
(3) The report shall be in an unclassified form. If there is a
classified version of the report, the President shall submit the
classified version at the same time.
SEC. 1344. TERMINATION.
After September 30, 1999, the President--
(1) is not required to maintain a National Coordinator for
Nonproliferation Matters under section 1341; and
(2) may terminate the Committee on Nonproliferation
established under section 1342.
Subtitle E--Miscellaneous
SEC. 1351. CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense, the
Secretary of Energy, the Secretary of the Treasury, and the Secretary
of State--
(1) in the administration of funds available to such
officials in accordance with this title, should (to the extent
possible under law) contract directly with suppliers in
independent states of the former Soviet Union to facilitate the
purchase of goods and services necessary to carry out
effectively the programs and authorities provided or referred
to in subtitle C; and
(2) to do so should seek means, consistent with law, to
utilize innovative contracting approaches to avoid delay and
increase the effectiveness of such programs and of the exercise
of such authorities.
SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The various Cooperative Threat Reduction programs are
being carried out at different rates in the various countries
covered by such programs.
(2) It is necessary to authorize transfers of funding
allocations among the various programs in order to maximize the
effectiveness of United States efforts under such programs.
(b) Transfers Authorized.--Funds appropriated for the purposes set
forth in subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
409) may be used for any such purpose without regard to the allocation
set forth in that section and without regard to subsection (b) of such
section.
SEC. 1353. ADDITIONAL CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and other
United States programs that are derived from programs
established under the Former Soviet Union Demilitarization Act
of 1992 (title XIV of Public Law 102-484; 22 U.S.C. 2901 et
seq.) should be expanded by offering assistance under those
programs to other independent states of the former Soviet Union
in addition to Russia, Ukraine, Kazakstan, and Belarus; and
(2) the President should offer assistance to additional
independent states of the former Soviet Union in each case in
which the participation of such states would benefit national
security interests of the United States by improving border
controls and safeguards over materials and technology
associated with weapons of mass destruction.
(b) Extension of Coverage.--Assistance under programs referred to
in subsection (a) may, notwithstanding any other provision of law, be
extended to include an independent state of the former Soviet Union if
the President certifies to Congress that it is in the national
interests of the United States to extend the assistance to that state.
SEC. 1354. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM RUSSIAN HIGHLY
ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that the allies
of the United States and other nations should participate in efforts to
ensure that stockpiles of weapons-grade nuclear material are reduced.
(b) Actions by the Secretary of State.--Congress urges the
Secretary of State to encourage, in consultation with the Secretary of
Energy, other countries to purchase low-enriched uranium that is
derived from highly enriched uranium extracted from Russian nuclear
weapons.
SEC. 1355. PURCHASE, PACKAGING, AND TRANSPORTATION OF FISSILE MATERIALS
AT RISK OF THEFT.
It is the sense of Congress that--
(1) the Secretary of Defense, the Secretary of Energy, the
Secretary of the Treasury, and the Secretary of State should
purchase, package, and transport to secure locations weapons-
grade nuclear materials from a stockpile of such materials if
such officials determine that--
(A) there is a significant risk of theft of such
materials; and
(B) there is no reasonable and economically
feasible alternative for securing such materials; and
(2) if it is necessary to do so in order to secure the
materials, the materials should be imported into the United
States, subject to the laws and regulations that are applicable
to the importation of such materials into the United States.
SEC. 1356. REDUCTIONS IN AUTHORIZATION OF APPROPRIATIONS.
(a) Navy RDT&E.--(1) The total amount authorized to be appropriated
under section 201(2) is reduced by $150,000,000.
(2) The reduction in paragraph (1) shall be applied to reduce by
$150,000,000 the amount authorized to be appropriated under section
201(2) for the Distributed Surveillance System.
(b) Operations and Maintenance, Defense-Wide.--The total amount
authorized to be appropriated under section 301(5) is reduced by
$85,000,000.
TITLE XIV--FEDERAL EMPLOYEE TRAVEL REFORM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Travel Reform and Savings Act of
1996''.
Subtitle A--Relocation Benefits
SEC. 1411. MODIFICATION OF ALLOWANCE FOR SEEKING PERMANENT RESIDENCE
QUARTERS.
Section 5724a of title 5, United States Code, is amended to read as
follows:
``Sec. 5724a. Relocation expenses of employees transferred or
reemployed
``(a) An agency shall pay to or on behalf of an employee who
transfers in the interest of the Government, a per diem allowance or
the actual subsistence expenses, or a combination thereof, of the
immediate family of the employee for en route travel of the immediate
family between the employee's old and new official stations.
``(b)(1) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government between official stations
located within the United States--
``(A) the expenses of transportation, and either a per diem
allowance or the actual subsistence expenses, or a combination
thereof, of the employee and the employee's spouse for travel
to seek permanent residence quarters at a new official station;
or
``(B) the expenses of transportation, and an amount for
subsistence expenses in lieu of a per diem allowance or the
actual subsistence expenses or a combination thereof,
authorized in subparagraph (A) of this paragraph.
``(2) Expenses authorized under this subsection may be allowed only
for one round trip in connection with each change of station of the
employee.''.
SEC. 1412. MODIFICATION OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES
ALLOWANCE.
Section 5724a of title 5, United States Code, is further amended by
adding at the end the following new subsection:
``(c)(1) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government--
``(A) actual subsistence expenses of the employee and the
employee's immediate family for a period of up to 60 days while
occupying temporary quarters when the new official station is
located within the United States as defined in subsection (d)
of this section; or
``(B) an amount for subsistence expenses instead of the
actual subsistence expenses authorized in subparagraph (A) of
this paragraph.
``(2) The period authorized in paragraph (1) of this subsection for
payment of expenses for residence in temporary quarters may be extended
up to an additional 60 days if the head of the agency concerned or the
designee of such head of the agency determines that there are
compelling reasons for the continued occupancy of temporary quarters.
``(3) The regulations implementing paragraph (1)(A) shall prescribe
daily rates and amounts for subsistence expenses per individual.''.
SEC. 1413. MODIFICATION OF RESIDENCE TRANSACTION EXPENSES ALLOWANCE.
(a) Expenses of Sale.--Section 5724a of title 5, United States
Code, is further amended by adding at the end the following new
subsection:
``(d)(1) An agency shall pay to or on behalf of an employee who
transfers in the interest of the Government, expenses of the sale of
the residence (or the settlement of an unexpired lease) of the employee
at the old official station and purchase of a residence at the new
official station that are required to be paid by the employee, when the
old and new official stations are located within the United States.
``(2) An agency shall pay to or on behalf of an employee who
transfers in the interest of the Government from a post of duty located
outside the United States to an official station within the United
States (other than the official station within the United States from
which the employee was transferred when assigned to the foreign tour of
duty)--
``(A) expenses required to be paid by the employee of the
sale of the residence (or the settlement of an unexpired lease)
of the employee at the old official station from which the
employee was transferred when the employee was assigned to the
post of duty located outside the United States; and
``(B) expenses required to be paid by the employee of the
purchase of a residence at the new official station within the
United States.
``(3) Reimbursement of expenses under paragraph (2) of this
subsection shall not be allowed for any sale (or settlement of an
unexpired lease) or purchase transaction that occurs prior to official
notification that the employee's return to the United States would be
to an official station other than the official station from which the
employee was transferred when assigned to the post of duty outside the
United States.
``(4) Reimbursement for brokerage fees on the sale of the residence
and other expenses under this subsection may not exceed those
customarily charged in the locality where the residence is located.
``(5) Reimbursement may not be made under this subsection for
losses incurred by the employee on the sale of the residence.
``(6) This subsection applies regardless of whether title to the
residence or the unexpired lease is--
``(A) in the name of the employee alone;
``(B) in the joint names of the employee and a member of
the employee's immediate family; or
``(C) in the name of a member of the employee's immediate
family alone.
``(7)(A) In connection with the sale of the residence at the old
official station, reimbursement under this subsection shall not exceed
10 percent of the sale price.
``(B) In connection with the purchase of a residence at the new
official station, reimbursement under this subsection shall not exceed
5 percent of the purchase price.
``(8) For purposes of this subsection, the term `United States'
means the several States of the United States, the District of
Columbia, the territories and possessions of the United States, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and the areas and installations in the Republic of Panama made
available to the United States pursuant to the Panama Canal Treaty of
1977 and related agreements (as described in section 3(a) of the Panama
Canal Act of 1979).''.
(b) Relocation Services.--Section 5724c of title 5, United State
Code, is amended to read as follows:
``Sec. 5724c. Relocation services
``Under regulations prescribed under section 5737, each agency may
enter into contracts to provide relocation services to agencies and
employees for the purpose of carrying out this subchapter. An agency
may pay a fee for such services. Such services include arranging for
the purchase of a transferred employee's residence.''.
SEC. 1414. AUTHORITY TO PAY FOR PROPERTY MANAGEMENT SERVICES.
Section 5724a of title 5, United States Code, is further amended--
(1) in subsection (d) (as added by section 1413 of this
title)--
(A) by redesignating paragraph (8) as paragraph
(9); and
(B) by inserting after paragraph (7) the following
new paragraph:
``(8) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government, expenses of property
management services when the agency determines that such transfer is
advantageous and cost-effective to the Government, instead of expenses
under paragraph (2) or (3) of this subsection, for sale of the
employee's residence.''; and
(2) by adding at the end the following new subsection:
``(e) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government, the expenses of property
management services when the employee transfers to a post of duty
outside the United States as defined in subsection (d) of this section.
Such payment shall terminate upon return of the employee to an official
station within the United States as defined in subsection (d) of this
section.''.
SEC. 1415. AUTHORITY TO TRANSPORT A PRIVATELY OWNED MOTOR VEHICLE
WITHIN THE CONTINENTAL UNITED STATES.
(a) In General.--Section 5727 of title 5, United States Code, is
amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) Under regulations prescribed under section 5737, the
privately owned motor vehicle or vehicles of an employee, including a
new appointee or a student trainee for whom travel and transportation
expenses are authorized under section 5723, may be transported at
Government expense to a new official station of the employee when the
agency determines that such transport is advantageous and cost-
effective to the Government.''; and
(3) in subsection (e) (as so redesignated), by striking
``subsection (b) of this section'' and by inserting
``subsection (b) or (c) of this section''.
(b) Availability of Appropriations.--(1) Section 5722(a) of title
5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle to the extent authorized under section 5727(c).''.
(2) Section 5723(a) of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by inserting ``and'' after the semicolon at the end of
paragraph (2); and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle to the extent authorized under section 5727(c);''.
SEC. 1416. AUTHORITY TO PAY LIMITED RELOCATION ALLOWANCES TO AN
EMPLOYEE WHO IS PERFORMING AN EXTENDED ASSIGNMENT.
(a) In General.--Subchapter II of chapter 57 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5736. Relocation expenses of an employee who is performing an
extended assignment
``(a) Under regulations prescribed under section 5737, an agency
may pay to or on behalf of an employee assigned from the employee's
official station to a duty station for a period of no less than 6
months and no greater than 30 months, the following expenses in lieu of
payment of expenses authorized under subchapter I of this chapter:
``(1) Travel expenses to and from the assignment location
in accordance with section 5724.
``(2) Transportation expenses of the immediate family and
household goods and personal effects to and from the assignment
location in accordance with section 5724.
``(3) A per diem allowance for the employee's immediate
family to and from the assignment location in accordance with
section 5724a(a).
``(4) Travel and transportation expenses of the employee
and spouse to seek residence quarters at the assignment
location in accordance with section 5724a(b).
``(5) Subsistence expenses of the employee and the
employee's immediate family while occupying temporary quarters
upon commencement and termination of the assignment in
accordance with section 5724a(c).
``(6) An amount, in accordance with section 5724a(g), to be
used by the employee for miscellaneous expenses.
``(7) The expenses of transporting a privately owned motor
vehicle or vehicles to the assignment location in accordance
with section 5727.
``(8) An allowance as authorized under section 5724b of
this title for Federal, State, and local income taxes incurred
on reimbursement of expenses paid under this section or on
services provided in kind under this section.
``(9) Expenses of nontemporary storage of household goods
and personal effects as defined in section 5726(a). The weight
of the household goods and personal effects stored under this
subsection, together with the weight of property transported
under section 5724(a), may not exceed the total maximum weight
which could be transported in accordance with section 5724(a).
``(10) Expenses of property management services.
``(b) An agency shall not make payment under this section to or on
behalf of the employee for expenses incurred after termination of the
temporary assignment.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 5, United States Code, is amended by inserting after the item
relating to section 5735 the following new item:
``5736. Relocation expenses of an employee who is performing an
extended assignment.''.
SEC. 1417. AUTHORITY TO PAY A HOME MARKETING INCENTIVE.
(a) In General.--Subchapter IV of chapter 57 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5756. Home marketing incentive payment
``(a) Under such regulations as the Administrator of General
Services may prescribe, an agency may pay to an employee who transfers
in the interest of the Government an amount, not to exceed a maximum
payment amount established by the Administrator in consultation with
the Director of the Office of Management and Budget, to encourage the
employee to aggressively market the employee's residence at the old
official station when--
``(1) the residence is entered into a program established
under a contract in accordance with section 5724c of this
chapter, to arrange for the purchase of the residence;
``(2) the employee finds a buyer who completes the purchase
of the residence through the program; and
``(3) the sale of the residence to the individual results
in a reduced cost to the Government.
``(b) For fiscal years 1997 and 1998, the Administrator shall
establish a maximum payment amount of 5 percent of the sales price of
the residence.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 5, United States Code, is amended by inserting at the end the
following:
``5756. Home marketing incentive payment.''.
SEC. 1418. CONFORMING AMENDMENTS.
(a) Amendments to Title 5, United States Code.--(1) Section 5724a
of title 5, United States Code, is further amended by adding at the end
the following new subsections:
``(g)(1) Subject to paragraph (2), an employee who is reimbursed
under subsections (a) through (f) of this section or section 5724(a) of
this title is entitled to an amount for miscellaneous expenses--
``(A) not to exceed 2 weeks' basic pay, if such employee
has an immediate family; or
``(B) not to exceed 1 week's basic pay, if such employee
does not have an immediate family.
``(2) Amounts paid under paragraph (1) may not exceed amounts
determined at the maximum rate payable for a position at GS-13 of the
General Schedule.
``(h) A former employee separated by reason of reduction in force
or transfer of function who within 1 year after the separation is
reemployed by a nontemporary appointment at a different geographical
location from that where the separation occurred, may be allowed and
paid the expenses authorized by sections 5724, 5725, 5726(b), and 5727
of this title, and may receive the benefits authorized by subsections
(a) through (g) of this section, in the same manner as though such
employee had been transferred in the interest of the Government without
a break in service to the location of reemployment from the location
where separated.
``(i) Payments for subsistence expenses, including amounts in lieu
of per diem or actual subsistence expenses or a combination thereof,
authorized under this section shall not exceed the maximum payment
allowed under regulations which implement section 5702 of this title.
``(j) Subsections (a), (b), and (c) shall be implemented under
regulations issued under section 5737.''.
(2) Section 3375 of title 5, United States Code, is amended--
(A) in subsection (a)(3), by striking ``section 5724a(a)(1)
of this title'' and inserting ``section 5724a(a) of this
title'';
(B) in subsection (a)(4), by striking ``section 5724a(a)(3)
of this title'' and inserting ``section 5724a(c) of this
title''; and
(C) in subsection (a)(5), by striking ``section 5724a(b) of
this title'' and inserting ``section 5724a(g) of this title''.
(3) Section 5724(e) of title 5, United States Code, is amended by
striking ``section 5724a(a), (b) of this title'' and inserting
``section 5724a(a) through (g) of this title''.
(b) Miscellaneous.--(1) Section 707 of title 38, United States
Code, is amended--
(A) in subsection (a)(6), by striking ``Section
5724a(a)(3)'' and inserting ``Section 5724a(c)''; and
(B) in subsection (a)(7), by striking ``Section
5724a(a)(4)'' and inserting ``section 5724a(d)''.
(2) Section 501 of the Public Health Service Act (42 U.S.C. 290aa)
is amended--
(A) in subsection (g)(2)(A), by striking ``5724a(a)(1)''
and inserting ``5724a(a)''; and
(B) in subsection (g)(2)(A), by striking ``5724a(a)(3)''
and inserting ``5724a(c)''.
(3) Section 925 of the Public Health Service Act (42 U.S.C. 299c-4)
is amended--
(A) in subsection (f)(2)(A), by striking ``5724a(a)(1)''
and inserting ``5724a(a)''; and
(B) in subsection (f)(2)(A), by striking ``5724a(a)(3)''
and inserting ``5724a(c)''.
Subtitle B--Miscellaneous Provisions
SEC. 1431. REPEAL OF THE LONG-DISTANCE TELEPHONE CALL CERTIFICATION
REQUIREMENT.
Section 1348 of title 31, United States Code, is amended--
(1) by striking the last sentence of subsection (a)(2);
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 1432. TRANSFER OF AUTHORITY TO ISSUE REGULATIONS.
(a) In General.--Subchapter II of chapter 57 of title 5, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 5737. Regulations
``(a)(1) Except as specifically provided in this subchapter, the
Administrator of General Services shall prescribe regulations necessary
for the administration of this subchapter.
``(2) Notwithstanding any limitation of this subchapter, in
promulgating regulations under paragraph (1) of this subsection, the
Administrator of General Services shall include a provision authorizing
the head of an agency or his designee to waive any limitation of this
subchapter or in any implementing regulation for any employee
relocating to or from a remote or isolated location who would otherwise
suffer hardship.
``(b) The Administrator of General Services shall prescribe
regulations necessary for the implementation of section 5724b of this
subchapter in consultation with the Secretary of the Treasury.
``(c) The Secretary of Defense shall prescribe regulations
necessary for the implementation of section 5735 of this subchapter.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 5, United States Code, is further amended by inserting after the
item relating to section 5736 the following new item:
``5737. Regulations.''.
(c) Conforming Amendments.--(1) Section 5722 of title 5, United
States Code, is amended by striking ``Under such regulations as the
President may prescribe'', and inserting ``Under regulations prescribed
under section 5737 of this title''.
(2) Section 5723 of title 5, United States Code, is amended by
striking ``Under such regulations as the President may prescribe'', and
inserting ``Under regulations prescribed under section 5737 of this
title''.
(3) Section 5724 of title 5, United States Code, is amended--
(A) in subsections (a) through (c), by striking ``Under
such regulations as the President may prescribe'' each place it
appears and inserting ``Under regulations prescribed under
section 5737 of this title'';
(B) in subsections (c) and (e), by striking ``under
regulations prescribed by the President'' and inserting ``under
regulations prescribed under section 5737 of this title''; and
(C) in subsection (f), by striking ``under the regulations
of the President'' and inserting ``under regulations prescribed
under section 5737 of this title''.
(4) Section 5724b of title 5, United States Code, is amended by
striking ``Under such regulations as the President may prescribe'' and
inserting ``Under regulations prescribed under section 5737 of this
title''.
(5) Section 5726 of title 5, United States Code, is amended--
(A) in subsection (a), by striking ``as the President may
by regulation authorize'' and inserting ``as authorized under
regulations prescribed under section 5737 of this title''; and
(B) in subsections (b) and (c), by striking ``Under such
regulations as the President may prescribe'' each place it
appears and inserting ``under regulations prescribed under
section 5737 of this title''.
(6) Section 5727(b) of title 5, United States Code, is amended by
striking ``Under such regulations as the President may prescribe'' and
inserting ``Under regulations prescribed under section 5737 of this
title''.
(7) Section 5728 of title 5, United States Code, is amended in
subsections (a), (b), and (c)(1), by striking ``Under such regulations
as the President may prescribe'' each place it appears and inserting
``Under regulations prescribed under section 5737 of this title''.
(8) Section 5729 of title 5, United States Code, is amended in
subsections (a) and (b), by striking ``Under such regulations as the
President may prescribe'' each place it appears and inserting ``Under
regulations prescribed under section 5737 of this title''.
(9) Section 5731 of title 5, United States Code, is amended by
striking ``in accordance with regulations prescribed by the President''
and inserting ``in accordance with regulations prescribed under section
5737 of this title''.
SEC. 1433. REPORT ON ASSESSMENT OF COST SAVINGS.
No later than 1 year after the effective date of the final
regulations issued under section 1434(b), the General Accounting Office
shall submit a report to the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Oversight of the
House of Representatives on an assessment of the cost savings to
Federal travel administration resulting from statutory and regulatory
changes under this Act.
SEC. 1434. EFFECTIVE DATE; ISSUANCE OF REGULATIONS.
(a) Effective Date.--The amendments made by this title shall take
effect upon the expiration of the 180-day period beginning on the date
of the enactment of this Act.
(b) Regulations.--The Administrator of General Services shall issue
final regulations implementing the amendments made by this title by not
later than the expiration of the period referred to in subsection (a).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1997''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Total
------------------------------------------------------------------------
Alabama...................... Fort Rucker.............. $3,250,000
California................... Camp Roberts............. $5,500,000
Naval Weapons Station, $27,000,000
Concord.
Colorado..................... Fort Carson.............. $13,000,000
District of Columbia......... Fort McNair.............. $6,900,000
Georgia...................... Fort Benning............. $53,400,000
Fort McPherson........... $3,500,000
Fort Stewart............. $6,000,000
Hawaii....................... Schofield Barracks....... $16,500,000
Kansas....................... Fort Riley............... $29,350,000
Kentucky..................... Fort Campbell............ $67,600,000
Fort Knox................ $13,000,000
Louisiana.................... Fort Polk................ $4,800,000
New Mexico................... White Sands Missile Range $10,000,000
New York..................... Fort Drum................ $6,500,000
Texas........................ Fort Hood................ $40,900,000
Fort Sam Houston......... $3,100,000
Virginia..................... Fort Eustis.............. $3,550,000
Washington................... Fort Lewis............... $54,600,000
CONUS Classified............. Classified Locations..... $4,600,000
---------------
Total:............... $373,050,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Total
------------------------------------------------------------------------
Germany........................ Spinellii Barracks, $8,100,000
Mannheim.
Taylor Barracks, $9,300,000
Mannheim.
Italy.......................... Camp Ederle............ $3,100,000
Korea.......................... Camp Casey............. $16,000,000
Camp Red Cloud......... $14,000,000
Overseas Classified............ Classified Locations... $64,000,000
Worldwide...................... Host Nation Support.... $20,000,000
---------------
Total:............. $134,500,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Total
----------------------------------------------------------------------------------------------------------------
Hawaii................................ Schofield Barracks....... 54 Units..................... $10,000,000
North Carolina........................ Fort Bragg............... 88 Units..................... $9,800,000
Texas................................. Fort Hood................ 140 Units.................... $18,500,000
---------------
Total:................... $38,300,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,083,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
sections 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $109,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $1,910,897,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $373,050,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $134,500,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$7,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $31,748,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $152,133,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,212,466,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2105. PLAN FOR REPAIRS AND STABILIZATION OF THE HISTORIC DISTRICT
AT THE FOREST GLEN ANNEX OF WALTER REED MEDICAL CENTER,
MARYLAND.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the congressional defense
committees a comprehensive plan for basic repairs and stabilization
measures throughout the historic district at the Forest Glen Annex of
Walter Reed Army Medical Center, Maryland, together with funding
options for the implementation of the plan.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2205(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Navy Detachment, Camp $3,920,000
Navajo.
California..................... Marine Corps Air-Ground $4,020,000
Combat Center,
Twentynine Palms.
Marine Corps Air $6,240,000
Station, Camp
Pendleton.
Marine Corps Base, Camp $51,630,000
Pendleton.
Marine Corps Recruit $8,150,000
Depot, San Diego.
Naval Air Station, $76,872,000
North Island.
Naval Facility, San $17,000,000
Clemente Island.
Naval Station, San $7,050,000
Diego.
Naval Command Control & $1,960,000
Ocean Surveillance
Center, San Diego.
Connecticut.................... Naval Submarine Base, $13,830,000
New London.
District of Columbia........... Naval District, $19,300,000
Commandant, Washington.
Florida........................ Naval Air Station, Key $2,250,000
West.
Hawaii......................... Naval Station, Pearl $19,600,000
Harbor.
Naval Submarine Base, $35,890,000
Pearl Harbor.
Idaho.......................... Naval Surface Warfare $7,150,000
Center, Bayview.
Illinois....................... Naval Training Center, $22,900,000
Great Lakes.
Maryland....................... Naval Air Warfare $1,270,000
Center, Patuxent River.
United States Naval $10,480,000
Academy.
Mississippi.................... Naval Station, $4,990,000
Pascagoula.
Stennis Space Center... $7,960,000
Nevada......................... Naval Air Station, $20,600,000
Fallon.
North Carolina................. Marine Corps Air $1,630,000
Station, Cherry Point.
Marine Corps Air $17,040,000
Station, New River.
Marine Corps Base, Camp $20,750,000
LeJeune.
Rhode Island................... Naval Undersea Warfare $8,900,000
Center.
South Carolina................. Marine Corps Recruit $2,550,000
Depot, Parris Island.
Texas.......................... Naval Station, $16,850,000
Ingleside.
Naval Air Station, $1,810,000
Kingsville.
Virginia....................... Armed Forces Staff $12,900,000
College, Norfolk.
Marine Corps Combat $14,570,000
Development Command,
Quantico.
Naval Station, Norfolk. $47,920,000
Naval Surface Warfare $8,030,000
Center, Dahlgren.
Washington..................... Naval Station, Everett. $25,740,000
---------------
Total:............. $521,752,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2205(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $5,980,000
Unit, Bahrain.
Greece......................... Naval Support Activity, $7,050,000
Souda Bay.
Italy.......................... Naval Air Station, $15,700,000
Sigonella.
Naval Support Activity, $8,620,000
Naples.
Puerto Rico.................... Naval Station, $23,600,000
Roosevelt Roads.
United Kingdom................. Joint Maritime $4,700,000
Communications Center,
St. Mawgan.
---------------
Total:............. $65,650,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2205(a)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, Community Center............. $709,000
Yuma.
California............................ Marine Corps Air-Ground Community Center............. $1,982,000
Combat Center,
Twentynine Palms.
Marine Corps Air-Ground Housing Office............... $956,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp 128 Units.................... $19,483,000
Pendleton.
Naval Air Station, 276 Units.................... $39,837,000
Lemoore.
Navy Public Works Center, 366 Units.................... $48,719,000
San Diego.
Hawaii................................ Marine Corps Air Station, 54 Units..................... $11,676,000
Kaneohe Bay.
Navy Public Works Center, 264 Units.................... $52,586,000
Pearl Harbor.
Maryland.............................. Naval Air Warfare Center, Community Center............. $1,233,000
Patuxent River.
North Carolina........................ Marine Corps Base, Camp Community Center............. $845,000
LeJeune.
Virginia.............................. AEGIS Combat Systems 20 Units..................... $2,975,000
Center, Wallops Island.
Naval Security Group Community Center............. $741,000
Activity, Northwest.
Washington............................ Naval Station, Everett... 100 Units.................... $15,015,000
Naval Submarine Base, Housing Office............... $934,000
Bangor.
---------------
Total:................... $197,691,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2205(a)(6)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $23,142,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2205(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $189,383,000.
SEC. 2204. DEFENSE ACCESS ROADS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2205(a)(5), the Secretary of the Navy may
make advances to the Secretary of Transportation for the construction
of defense access roads under section 210 of title 23, United States
Code, at various locations in the amount of $300,000.
SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,054,793,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $515,952,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $65,650,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,115,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $47,519,000.
(5) For advances to the Secretary of Transportation for
construction of defense access roads under section 210 of title
23, United States Code, $300,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $410,216,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $1,014,241,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by $12,000,000, which represents the combination of project savings
resulting from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $7,875,000
Alaska......................... Eielson Air Force Base. $3,900,000
Elmendorf Air Force $21,530,000
Base.
King Salmon Air Force $5,700,000
Base.
Arizona........................ Davis-Monthan Air Force $9,920,000
Base.
Arkansas....................... Little Rock Air Force $18,105,000
Base.
California..................... Beale Air Force Base... $14,425,000
Edwards Air Force Base. $20,080,000
Travis Air Force Base.. $14,980,000
Vandenberg Air Force $3,290,000
Base.
Colorado....................... Buckley Air National $17,960,000
Guard Base.
Falcon Air Force $2,095,000
Station.
Peterson Air Force Base $20,720,000
United States Air Force $12,165,000
Academy.
Delaware....................... Dover Air Force Base... $19,980,000
Florida........................ Eglin Air Force Base... $4,590,000
Eglin Auxiliary Field 9 $6,825,000
Patrick Air Force Base. $10,495,000
Tyndall Air Force Base. $3,600,000
Georgia........................ Moody Air Force Base... $3,350,000
Robins Air Force Base.. $25,045,000
Idaho.......................... Mountain Home Air Force $15,945,000
Base.
Kansas......................... McConnell Air Force $25,830,000
Base.
Louisiana...................... Barksdale Air Force $4,890,000
Base.
Maryland....................... Andrews Air Force Base. $8,140,000
Mississippi.................... Keesler Air Force Base. $14,465,000
Montana........................ Malmstrom Air Force $6,300,000
Base.
Nevada......................... Indian Springs Air $4,690,000
Force Auxiliary Air
Field.
Nellis Air Force Base.. $14,700,000
New Jersey..................... McGuire Air Force Base. $8,080,000
New Mexico..................... Cannon Air Force Base.. $7,100,000
Kirtland Air Force Base $16,300,000
North Carolina................. Pope Air Force Base.... $5,915,000
Seymour Johnson Air $11,280,000
Force Base.
North Dakota................... Grand Forks Air Force $12,470,000
Base.
Minot Air Force Base... $3,940,000
Ohio........................... Wright-Patterson Air $7,400,000
Force Base.
Oklahoma....................... Tinker Air Force Base.. $9,880,000
South Carolina................. Charleston Air Force $43,110,000
Base.
Shaw Air Force Base.... $14,465,000
South Dakota................... Ellsworth Air Force $4,150,000
Base.
Tennessee...................... Arnold Engineering $6,781,000
Development Center.
Texas.......................... Dyess Air Force Base... $5,895,000
Kelly Air Force Base... $3,250,000
Lackland Air Force Base $9,413,000
Sheppard Air Force Base $9,400,000
Utah........................... Hill Air Force Base.... $3,690,000
Virginia....................... Langley Air Force Base. $8,005,000
Washington..................... Fairchild Air Force $18,155,000
Base.
McChord Air Force Base. $57,065,000
---------------
Total:............. $607,334,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $5,370,000
Spangdahlem Air Base... $1,890,000
Italy.......................... Aviano Air Base........ $10,066,000
Korea.......................... Osan Air Base.......... $9,780,000
Turkey......................... Incirlik Air Base...... $7,160,000
United Kingdom................. Croughton Royal Air $1,740,000
Force Base.
Lakenheath Royal Air $17,525,000
Force Base.
Mildenhall Royal Air $6,195,000
Force Base.
Overseas Classified............ Classified Locations... $18,395,000
---------------
Total:............. $78,115,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Eielson Air Force Base... 72 units..................... $21,127,000
Fire Station................. $2,950,000
California............................ Beale Air Force Base..... 56 units..................... $8,893,000
Travis Air Force Base.... 70 units..................... $8,631,000
Vandenberg Air Force Base 112 units.................... $20,891,000
District of Columbia.................. Bolling Air Force Base... 40 units..................... $5,000,000
Florida............................... Eglin Auxiliary Field 9.. 1 unit....................... $249,000
MacDill Air Force Base... 56 units..................... $8,822,000
Patrick Air Force Base... Housing Maintenance Facility. $853,000
Housing Support & Storage $756,000
Facility.
Housing Office............... $821,000
Louisiana............................. Barksdale Air Force Base. 80 units..................... $9,570,000
Massachusetts......................... Hanscom Air Force Base... 32 units..................... $5,100,000
Missouri.............................. Whiteman Air Force Base.. 68 units..................... $9,600,000
Montana............................... Malmstrom Air Force Base. 20 units..................... $5,242,000
New Mexico............................ Kirtland Air Force Base.. 87 units..................... $11,850,000
North Dakota.......................... Grand Forks Air Force 66 units..................... $7,784,000
Base.
Minot Air Force Base..... 46 units..................... $8,740,000
Texas................................. Lackland Air Force Base.. 50 units..................... $6,500,000
Housing Office............... $450,000
Housing Maintenance Facility. $350,000
Washington............................ McChord Air Force Base... 40 units..................... $5,659,000
United Kingdom........................ Lakenheath Royal Air Family Housing, Phase I...... $8,300,000
Force Base.
---------------
Total:................... $158,138,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $12,350,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$94,550,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,844,786,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $607,334,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $78,115,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,328,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $53,497,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $265,038,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $829,474,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2406(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Agents and Munitions
Destruction.
Pueblo Army Depot,
Colorado.............. $179,000,000
Defense Finance & Accounting
Service.
Norton Air Force Base,
California............ $13,800,000
Naval Training Center,
Orlando, Florida...... $2,600,000
Rock Island Arsenal,
Illinois.............. $14,400,000
Loring Air Force Base,
Maine................. $6,900,000
Offutt Air Force Base,
Nebraska.............. $7,000,000
Griffiss Air Force
Base, New York........ $10,200,000
Gentile Air Force
Station, Ohio......... $11,400,000
Charleston, South
Carolina.............. $6,200,000
Defense Intelligence Agency....
Bolling Air Force Base,
District of Columbia.. $6,790,000
National Ground
Intelligence Center,
Charlottesville,
Virginia.............. $2,400,000
Defense Logistics Agency.......
Elmendorf Air Force
Base, Alaska.......... $21,000,000
Defense Distribution,
San Diego, California. $15,700,000
Naval Air Facility, El
Centro, California.... $5,700,000
Travis Air Force Base,
California............ $15,200,000
McConnell Air Force
Base, Kansas.......... $2,200,000
Barksdale Air Force
Base, Louisiana....... $4,300,000
Andrews Air Force Base,
Maryland.............. $12,100,000
Naval Air Station,
Fallon, Nevada........ $2,100,000
Defense Construction
Supply Center,
Columbus, Ohio........ $600,000
Altus Air Force Base,
Oklahoma.............. $3,200,000
Shaw Air Force Base,
South Carolina........ $2,900,000
Naval Air Station,
Oceana, Virginia...... $1,500,000
Defense Medical Facility Office
Maxwell Air Force Base,
Alabama............... $25,000,000
Marine Corps Base, Camp
Pendleton, California. $3,300,000
Naval Air Station,
Lemoore, California... $38,000,000
Naval Air Station, Key
West, Florida......... $15,200,000
Andrews Air Force Base,
Maryland.............. $15,500,000
Fort Bragg, North
Carolina.............. $11,400,000
Charleston Air Force
Base, South Carolina.. $1,300,000
Fort Bliss, Texas...... $6,600,000
Fort Hood, Texas....... $1,950,000
Naval Air Station,
Norfolk, Virginia..... $1,250,000
Special Operations Command.....
Naval Amphibious Base,
Coronado, California.. $7,700,000
Naval Station, Ford
Island, Pearl Harbor,
Hawaii................ $12,800,000
Fort Campbell, Kentucky $4,200,000
Fort Bragg, North
Carolina.............. $14,000,000
---------------
Total:............. $505,390,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2406(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency.......
Naval Air Station,
Sigonella, Italy...... $6,100,000
Moron Air Base, Spain.. $12,958,000
Defense Medical Facility Office
Administrative Support
Unit, Bahrain, Bahrain $4,600,000
---------------
Total:............. $23,658,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriation in section 2406(a)(15)(A), the Secretary of Defense may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
military family housing units in an amount not to exceed $500,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriation in
section 2406(a)(15)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $3,871,000.
SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) Availability of Funds for Credit to Family Housing Improvement
Fund.--The amount authorized to be appropriated pursuant to section
2406(a)(15)(C) shall be available for crediting to the Department of
Defense Family Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code.
(b) Availability of Funds for Credit to Unaccompanied Housing
Improvement Fund.--The amount authorized to be appropriated pursuant to
section 2406(a)(14) shall be available for crediting to the Department
of Defense Military Unaccompanied Housing Improvement Fund established
by section 2883(a)(2) of title 10, United States Code.
(c) Use of Funds.--The Secretary of Defense may use funds credited
to the Department of Defense Family Housing Improvement Fund under
subsection (a) to carry out any activities authorized by subchapter IV
of chapter 169 of such title with respect to military family housing
and may use funds credited to the Department of Defense Military
Unaccompanied Housing Improvement Fund under subsection (b) to carry
out any activities authorized by that subchapter with respect to
military unaccompanied housing.
SEC. 2405. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2406(a)(12), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1996, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments), in
the total amount of $3,399,166,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $340,287,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $23,658,000.
(3) For military construction projects at Naval Hospital,
Portsmouth, Virginia, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization Act
for Fiscal Years 1990 and 1991 (division B of Public Law 101-
189; 103 Stat. 1640), $24,000,000.
(4) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2599), $92,000,000.
(5) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year
1993 (106 Stat. 2599), $89,000,000.
(6) For military construction projects at Pine Bluff
Arsenal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of the Public Law 103-337; 108 Stat. 3040),
$46,000,000.
(7) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (108 Stat.
3040), $64,000,000.
(8) For military construction projects at Defense Finance
and Accounting Service, Columbus, Ohio, authorized by section
2401(a) of the Military Construction Authorization Act of
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat.
535), $20,822,000.
(9) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$9,500,000.
(10) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $21,874,000.
(11) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $14,239,000.
(12) For energy conservation projects under section 2865 of
title 10, United States Code, $47,765,000.
(13) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,507,476,000.
(14) For credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund as authorized by section
2404(b) of this Act, $5,000,000.
(15) For military family housing functions:
(A) For improvement and planning of military family
housing and facilities, $4,371,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $30,963,000, of which not more than
$25,637,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family
Housing Improvement Fund as authorized by section
2404(a) of this Act, $20,000,000.
(D) For the Homeowners Assistance Program as
authorized by section 2832 of title 10, United States
Code, $36,181,000, to remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $161,503,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Pueblo Army Depot,
Colorado); and
(3) $1,600,000 (the balance of the amount authorized under
section 2401(a) of this Act for the construction of a
replacement facility for the medical and dental clinic, Key
West Naval Air Station, Florida).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1996, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Security Investment program as authorized by section
2501, in the amount of $172,000,000.
SEC. 2503. REDESIGNATION OF NORTH ATLANTIC TREATY ORGANIZATION
INFRASTRUCTURE PROGRAM.
(a) Redesignation.--Subsection (b) of section 2806 of title 10,
United States Code, is amended by striking out ``North Atlantic Treaty
Organization Infrastructure program'' and inserting in lieu thereof
``North Atlantic Treaty Organization Security Investment program''.
(b) References.--Any reference to the North Atlantic Treaty
Organization Infrastructure program in any Federal law, Executive
order, regulation, delegation of authority, or document of or
pertaining to the Department of Defense shall be deemed to refer to the
North Atlantic Treaty Organization Security Investment program.
(c) Clerical Amendments.--(1) The section heading of such section
is amended to read as follows:
``Sec. 2806. Contributions for North Atlantic Treaty Organizations
Security Investment''.
(2) The table of sections at the beginning of subchapter I of
chapter 169 of title 10, United States Code, is amended by striking out
the item relating to section 2806 and inserting in lieu thereof the
following:
``2806. Contributions for North Atlantic Treaty Organizations Security
Investment.''.
(d) Conforming Amendments.--(1) Section 2861(b)(3) of title 10,
United States Code, is amended by striking out ``North Atlantic Treaty
Organization Infrastructure program'' and inserting in lieu thereof
``North Atlantic Treaty Organization Security Investment program''.
(2) Section 21(h)(1)(B) of the Arms Export Control Act (22 U.S.C.
2761(h)(1)(B)) is amended by striking out ``North Atlantic Treaty
Organization Infrastructure Program'' and inserting in lieu thereof
``North Atlantic Treaty Organization Security Investment program''.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1996, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $94,528,000: Notwithstanding any other
provision of this Act, none of the funds authorized for
construction, phase I, of a combined support
maintenance shop at Camp Guernsey, Wyoming may be
obligated until the Secretary of Defense certifies to
Congress that the project is in the future years
defense plan; and
(B) for the Army Reserve, $59,174,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $32,743,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $209,884,000; and
(B) for the Air Force Reserve, $54,770,000.
SEC. 2602. FUNDING FOR CONSTRUCTION AND IMPROVEMENT OF RESERVE CENTERS
IN THE STATE OF WASHINGTON.
(a) Funding.--Notwithstanding any other provision of law, of the
funds appropriated under the heading ``Military Construction, Naval
Reserve'' in the Military Construction Appropriations Act, 1995 (Public
Law 103-307; 108 Stat. 1661), that are available for the construction
of a Naval Reserve center in Seattle, Washington--
(1) $5,200,000 shall be available for the construction of
an Army Reserve Center at Fort Lawton, Washington, of which
$700,000 may be used for program and design activities relating
to such construction;
(2) $4,200,000 shall be available for the construction of
an addition to the Naval Reserve Center in Tacoma, Washington;
(3) $500,000 shall be available for unspecified minor
construction at Naval Reserve facilities in the State of
Washington; and
(4) $500,000 shall be available for planning and design
activities with respect to improvements at Naval Reserve
facilities in the State of Washington.
(b) Modification of Land Conveyance Authority.--Paragraph (2) of
section 127(d) of the Military Construction Appropriations Act, 1995
(Public Law 103-337; 108 Stat. 1666), is amended to read as follows:
``(2) Before commencing construction of a facility to be the
replacement facility for the Naval Reserve Center under paragraph (1),
the Secretary shall comply with the requirements of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) with respect to such
facility.''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2000.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2000 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1994
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B of
Public Law 103-160; 107 Stat. 1880), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
2102, 2201, 2301, or 2601 of that Act, shall remain in effect until
October 1, 1997, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1998, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Jersey............................ Picatinny Arsenal........ Advance Warhead Development $4,400,000
Facility.
North Carolina........................ Fort Bragg............... Land Acquisition............. $15,000,000
Wisconsin............................. Fort McCoy............... Family Housing Construction $2,950,000
(16 units).
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Location Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton Marine Sewage Facility.............. $7,930,000
Corps Base.
Connecticut........................... New London Naval Hazardous Waste Transfer $1,450,000
Submarine Base. Facility.
New Jersey............................ Earle Naval Weapons Explosives Holding Yard...... $1,290,000
Station.
Virginia.............................. Oceana Naval Air Station. Jet Engine Test Cell $5,300,000
Replacement.
Various Locations..................... Various Locations........ Land Acquisition Inside the $540,000
United States.
Various Locations..................... Various Locations........ Land Acquisition Outside the $800,000
United States.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Eielson Air Force Base... Upgrade Water Treatment Plant $3,750,000
Elmendorf Air Force Base. Corrosion Control Facility... $5,975,000
California............................ Beale Air Force Base..... Educational Center........... $3,150,000
Florida............................... Tyndall Air Force Base... Base Supply Logistics Center. $2,600,000
Mississippi........................... Keesler Air Force Base... Upgrade Student Dormitory.... $4,500,000
North Carolina........................ Pope Air Force Base...... Add To and Alter Dormitories. $4,300,000
Virginia.............................. Langley Air Force Base... Fire Station................. $3,850,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Birmingham............... Aviation Support Facility.... $4,907,000
Arizona............................... Marana................... Organization Maintenance Shop $553,000
Marana................... Dormitory/Dining Facility.... $2,919,000
California............................ Fresno................... Organization Maintenance Shop $905,000
Modification.
Van Nuys................. Armory Addition.............. $6,518,000
New Mexico............................ White Sands Missile Range Organization Maintenance Shop $2,940,000
White Sands Missile Range Tactical Site................ $1,995,000
White Sands Missile Range Mobilization and Training $3,570,000
Equipment Site.
Pennsylvania.......................... Indiantown Gap........... State Military Building...... $9,200,000
Johnstown................ Armory Addition/Flight $5,004,000
Facility.
Johnstown................ Armory....................... $3,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1993
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2602), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
2301, or 2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 541), shall remain in effect until
October 1, 1997, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1998, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $15,000,000
Support Facility.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal.............................. Lajes Field.............. Water Wells.................. $950,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Tuscaloosa............... Armory....................... $2,273,000
Union Springs............ Armory....................... $813,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1535), authorizations for the projects
set forth in the table in subsection (b), as provided in section 2101
of that Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3047) and section 2703(a) of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 543), shall remain in effect until
October 1, 1997, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1998, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $3,600,000
Support Facility.
Umatilla Army Depot...... Ammunition Demilitarization $7,500,000
Utilities.
----------------------------------------------------------------------------------------------------------------
SEC. 2705. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROJECTS.
(a) Prohibition.--Notwithstanding any other provision of this Act,
no funds authorized to be appropriated by this Act may be obligated or
expended for the military construction project listed under subsection
(b) until the Secretary of Defense certifies to Congress that the
project is included in the current future-years defense program.
(b) Covered Project.--Subsection (a) applies to the following
military construction project:
(1) Phase II, Construction, Consolidated Education Center,
Fort Campbell, Kentucky.
(2) Phase III, Construction, Western Kentucky Training
Site.
SEC. 2706. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CERTAIN THRESHOLDS FOR UNSPECIFIED MINOR
CONSTRUCTION PROJECTS.
(a) O&M Funding for Projects.--Section 2805(c)(1)(B) of title 10,
United States Code, is amended by striking out ``$300,000'' and
inserting in lieu thereof ``$500,000''.
(b) O&M Funding for Reserve Component Facilities.--Subsection (b)
of section 18233a of such title is amended by striking out ``$300,000''
and inserting in lieu thereof ``$500,000''.
(c) Notification for Expenditures and Contributions for Reserve
Component Facilities.--Subsection (a)(1) of such section 18233a is
amended by striking out ``$400,000'' and inserting in lieu thereof
``$1,500,000''.
SEC. 2802. CLARIFICATION OF AUTHORITY TO IMPROVE MILITARY FAMILY
HOUSING.
(a) Exclusion of Minor Maintenance and Repair.--Subsection (a)(2)
of section 2825 of title 10, United States Code, is amended by
inserting ``(other than day-to-day maintenance or repair work)'' after
``work''.
(b) Applicability of Limitation on Funds for Improvements.--
Subsection (b)(2) of such section is amended--
(1) by striking out ``the cost of repairs'' and all that
follows through ``in connection with'' and inserting in lieu
thereof ``of the unit or units concerned the cost of
maintenance or repairs undertaken in connection with the
improvement of the unit or units and any cost (other than the
cost of activities undertaken beyond a distance of five feet
from the unit or units) in connection with''; and
(2) by inserting ``, drives,'' after ``roads''.
SEC. 2803. AUTHORITY TO GRANT EASEMENTS FOR RIGHTS-OF-WAY.
(a) Easements for Electric Poles and Lines and for Communications
Lines and Facilities.--Section 2668(a) of title 10, United States Code,
is amended--
(1) by striking out ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (13); and
(3) by inserting after paragraph (9) the following new
paragraphs:
``(10) poles and lines for the transmission or distribution
of electric power;
``(11) poles and lines for the transmission or distribution
of communications signals (including telephone and telegraph
signals);
``(12) structures and facilities for the transmission,
reception, and relay of such signals; and''.
(b) Conforming Amendments.--Such section is further amended--
(1) in paragraph (3), by striking out ``, telephone lines,
and telegraph lines,''; and
(2) in paragraph (13), as redesignated by subsection
(a)(2), by striking out ``or by the Act of March 4, 1911 (43
U.S.C. 961)''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. RESTORATION OF AUTHORITY UNDER 1988 BASE CLOSURE LAW TO
TRANSFER PROPERTY AND FACILITIES TO OTHER ENTITIES IN THE
DEPARTMENT OF DEFENSE.
(a) Restoration of Authority.--Section 204(b)(2) of the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The Secretary may transfer real property or facilities
located at a military installation to be closed or realigned under this
title, with or without reimbursement, to a military department or other
entity (including a nonappropriated fund instrumentality) within the
Department of Defense or the Coast Guard.''.
(b) Ratification of Transfers--Any transfer by the Secretary of
Defense of real property or facilities at a military installation
closed or realigned under title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) to a military department or other entity of the
Department of Defense or the Coast Guard during the period beginning on
November 30, 1993, and ending on the date of the enactment of this Act
is hereby ratified.
SEC. 2812. AGREEMENTS FOR SERVICES AT INSTALLATIONS AFTER CLOSURE.
(a) 1988 Law.--Section 204(b)(8)(A) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended by inserting ``, or at facilities not yet
transferred or otherwise disposed of in the case of installations
closed under this title,'' after ``under this title''.
(b) 1990 Law.--Section 2905(b)(8)(A) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) is amended by inserting ``, or at facilities
not yet transferred or otherwise disposed of in the case of
installations closed under this part,'' after ``under this part''.
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF LANDS, ARLINGTON NATIONAL CEMETERY, ARLINGTON,
VIRGINIA.
(a) Requirement for Secretary of Interior To Transfer Certain
Section 29 Lands.--(1) Subject to paragraph (2), the Secretary of the
Interior shall transfer to the Secretary of the Army administrative
jurisdiction over the following lands located in section 29 of the
National Park System at Arlington National Cemetery, Virginia:
(A) The lands known as the Arlington National Cemetery
Interment Zone.
(B) All lands in the Robert E. Lee Memorial Preservation
Zone, other than those lands in the Preservation Zone that the
Secretary of the Interior determines must be retained because
of the historical significance of such lands or for the
maintenance of nearby lands or facilities.
(2)(A) The Secretary of the Interior may not make the transfer
referred to in paragraph (1)(B) until 60 days after the date on which
the Secretary submits to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives--
(i) a summary of the document entitled ``Cultural Landscape
and Archaeological Study, Section 29, Arlington House, The
Robert E. Lee Memorial'';
(ii) a summary of any environmental analysis required with
respect to the transfer under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(iii) the proposal of the Secretary and the Secretary of
the Army setting forth the lands to be transferred and the
general manner in which the Secretary of the Army will develop
such lands after transfer.
(B) The Secretary of the Interior shall submit the information
required under subparagraph (A) not later than October 31, 1997.
(3) The transfer of lands under paragraph (1) shall be carried out
in accordance with the Interagency Agreement Between the Department of
the Interior, the National Park Service, and the Department of the
Army, Dated February 22, 1995.
(4) The exact acreage and legal descriptions of the lands to be
transferred under paragraph (1) shall be determined by surveys
satisfactory to the Secretary of the Interior and the Secretary of the
Army.
(b) Requirement for Additional Transfers.--(1) The Secretary of the
Interior shall transfer to the Secretary of the Army administrative
jurisdiction over a parcel of land, including any improvements thereon,
consisting of approximately 2.43 acres, located in the Memorial Drive
entrance area to Arlington National Cemetery.
(2)(A) The Secretary of the Army shall transfer to the Secretary of
the Interior administrative jurisdiction over a parcel of land,
including any improvements thereon, consisting of approximately 0.17
acres, located at Arlington National Cemetery, and known as the Old
Administrative Building site. The site is part of the original
reservation of Arlington National Cemetery.
(B) In connection with the transfer under subparagraph (A), the
Secretary of the Army shall grant to the Secretary of the Interior a
perpetual right of ingress and egress to the parcel transferred under
that subparagraph.
(3) The exact acreage and legal descriptions of the lands to be
transferred pursuant to this subsection shall be determined by surveys
satisfactory to the Secretary of the Interior and the Secretary of the
Army. The costs of such surveys shall be borne by the Secretary of the
Army.
SEC. 2822. LAND TRANSFER, POTOMAC ANNEX, DISTRICT OF COLUMBIA.
(a) Transfer Required.--Subject to subsection (b), the Secretary of
the Navy shall transfer, without consideration other than the
reimbursement provided for in subsection (d), to the United States
Institute of Peace (in this section referred to as the ``Institute'')
administrative jurisdiction over a parcel of real property, including
any improvements thereon, consisting of approximately 3 acres, at the
northwest corner of Twenty-third Street and Constitution Avenue,
Northwest, District of Columbia, the site of the Potomac Annex.
(b) Condition.--The Secretary may not make the transfer specified
in subsection (a) unless the Institute agrees to provide the Navy a
number of parking spaces at or in the vicinity of the headquarters to
be constructed on the parcel transferred equal to the number of parking
spaces available to the Navy on the parcel as of the date of the
transfer.
(c) Requirement Relating to Transfer.--The transfer specified in
subsection (a) may not occur until the Institute obtains all permits,
approvals, and site plan reviews required by law with respect to the
construction on the parcel of a headquarters for operations of the
Institute.
(d) Costs.--The Institute shall reimburse the Secretary for the
costs incurred by the Secretary in carrying out the transfer specified
in subsection (a).
(e) Description of Property.--The exact acreage and legal
description of the property to be transferred under subsection (a)
shall be determined by a survey that is satisfactory to the Secretary.
The cost of the survey shall be borne by the Institute.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER, MONTPELIER, VERMONT.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Army may convey, without consideration, to the City of
Montpelier, Vermont (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 4.3 acres and located on Route 2 in Montpelier, Vermont,
the site of the Army Reserve Center, Montpelier, Vermont.
(b) Requirement for Federal Screening of Property.--The Secretary
may not carry out the conveyance of property authorized by subsection
(a) unless the Secretary determines that no department or agency of the
Federal Government will accept the transfer of the property.
(c) Condition.--The conveyance authorized under subsection (a)
shall be subject to the condition that the City agree to lease to the
Civil Air Patrol, at no rental charge to the Civil Air Patrol, the
portion of the real property and improvements located on the parcel to
be conveyed that the Civil Air Patrol leases from the Secretary as of
the date of the enactment of this Act.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2824. LAND CONVEYANCE, FORMER NAVAL RESERVE FACILITY, LEWES,
DELAWARE.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Navy may convey, without consideration, to the State
of Delaware (in this section referred to as the ``State''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 16.8 acres at the site of the former Naval Reserve
Facility, Lewes, Delaware.
(b) Requirement for Federal Screening of Property.--The Secretary
may not carry out the conveyance of property authorized by subsection
(a) unless the Secretary determines that no department or agency of the
Federal Government will accept the transfer of the property.
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the State use the real property
conveyed under that subsection in perpetuity solely for public park or
recreational purposes.
(d) Reversion.--If the Secretary of the Interior determines at any
time that the real property conveyed pursuant to this section is not
being used for a purpose specified in subsection (b), all right, title,
and interest in and to such real property, including any improvements
thereon, shall revert to the United States and the United States shall
have the right of immediate entry thereon.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed pursuant to this
section shall be determined by a survey satisfactory to the Secretary
of the Navy. The cost of such survey shall be borne by the State.
(f) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2825. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE FOURCHE,
SOUTH DAKOTA.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Air Force may convey, without consideration, to the
Belle Fourche School District, Belle Fourche, South Dakota (in this
section referred to as the ``District''), all right, title, and
interest of the United States in and to a parcel of real property,
together with any improvements thereon, consisting of approximately 37
acres located in Belle Fourche, South Dakota, which has served as the
location of a support complex and housing facilities for Detachment 21
of the 554th Range Squadron, an Air Force radar bomb scoring site. The
conveyance may not include any portion of the radar bomb scoring site
located in the State of Wyoming.
(b) Requirement for Federal Screening of Property.--The Secretary
may not carry out the conveyance of property authorized by subsection
(a) unless the Secretary determines that no department or agency of the
Federal Government will accept the transfer of the property.
(c) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the District--
(1) use the property and facilities conveyed under that
subsection for education, economic development, or housing
purposes; or
(2) enter into an agreement with an appropriate public or
private entity to sell or lease the property and facilities to
such entity for such purposes.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the District.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2826. CONVEYANCE OF PRIMATE RESEARCH COMPLEX, HOLLOMAN AIR FORCE
BASE, NEW MEXICO.
(a) Conveyance Authorized.--Notwithstanding any provision of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.), or any regulations prescribed thereunder, the Secretary of
the Air Force may convey all right, title, and interest of the United
States in and to the primate research complex at Holloman Air Force
Base, New Mexico. The conveyance shall include the colony of
chimpanzees owned by the Air Force that are housed at or managed from
the primate research complex. The conveyance may not include the real
property on which the primate research complex is located.
(b) Competitive Procedures Required.--The Secretary shall use
competitive procedures in selecting the person or entity to which to
make the conveyance authorized by subsection (a).
(c) Standards To Be Used in Solicitation of Bids.--The Secretary
shall develop standards for the care and use of the primate research
complex, and of chimpanzees, to be used in soliciting bids for the
conveyance authorized by subsection (a). The Secretary shall develop
such standards in consultation with the Secretary of Agriculture and
the Director of the National Institutes of Health.
(d) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the followings conditions:
(1) That the recipient of the primate research complex--
(A) utilize any chimpanzees included in the
conveyance only for scientific research or medical
research purposes; or
(B) retire and provide adequate care for such
chimpanzees.
(2) That the recipient of the primate research complex
assume from the Secretary any leases at the primate research
complex that are in effect at the time of the conveyance.
(e) Description of Complex.--The exact legal description of the
primate research complex to be conveyed under subsection (a) shall be
determined by a survey or other means satisfactory to the Secretary.
The cost of any survey or other services performed at the direction of
the Secretary under the authority in the preceding sentence shall be
borne by the recipient of the primate research complex.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2827. DEMONSTRATION PROJECT FOR INSTALLATION AND OPERATION OF
ELECTRIC POWER DISTRIBUTION SYSTEM AT YOUNGSTOWN AIR
RESERVE STATION, OHIO.
(a) Authority.--The Secretary of the Air Force may carry out a
demonstration project to assess the feasibility and advisability of
permitting private entities to install, operate, and maintain electric
power distribution systems at military installations. The Secretary
shall carry out the demonstration project through an agreement under
subsection (b).
(b) Agreement.--(1) In order to carry out the demonstration
project, the Secretary shall enter into an agreement with an electric
utility or other company in the Youngstown, Ohio, area under which the
utility or company, as the case may be, installs, operates, and
maintains (in a manner satisfactory to the Secretary and the utility or
company) an electric power distribution system at Youngstown Air
Reserve Station, Ohio.
(2) The Secretary may not enter into an agreement under this
subsection until--
(A) the Secretary submits to the congressional defense
committees a report on the agreement to be entered into,
including the costs to be incurred by the United States under
the agreement; and
(B) a period of 21 days has elapsed from the date of the
receipt of the report by the committees.
(c) Licenses and Easements.--In order to facilitate the
installation, operation, and maintenance of the electric power
distribution system under the agreement under subsection (b), the
Secretary may grant the utility or company with which the Secretary
enters into the agreement such licenses, easements, and rights-of-way
as the Secretary and the utility or company, as the case may be,
jointly determine necessary for such purposes.
(d) Ownership of System.--The agreement between the Secretary and
the utility or company under subsection (b) may provide that the
utility or company, as the case may be, shall own the electric power
distribution system installed under the agreement.
(e) Rates.--The rates charged by the utility or company for
providing and distributing electric power at Youngstown Air Reserve
Station through the electric power distribution system installed under
the agreement under subsection (b) may not include the costs, including
the amortization of any costs, incurred by the utility or company, as
the case may be, in installing the system.
(f) Reports.--Not later than February 1, 1997, and February 1 of
each year following a year in which the Secretary carries out the
demonstration project under this section, the Secretary shall submit to
the congressional defense committees a report on the project. The
report shall include the Secretary's current assessment of the project
and the recommendations, if any, of the Secretary of extending the
authority with respect to the project to other facilities and
installations of the Department of Defense.
(g) Funding.--In order to pay the costs of the United States under
the agreement under subsection (b), the Secretary may use funds
authorized to be appropriated by section 2601(3)(B) of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 540) for the purpose of rebuilding the
electric power distribution system at the Youngstown Air Reserve
Station that were appropriated for that purpose by the Military
Construction Appropriations Act, 1996 (Public Law 104-32; 109 Stat.
283) and that remain available for obligation for that purpose as of
the date of the enactment of this Act.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in the agreement under subsection
(b) as the Secretary considers appropriate to protect the interests of
the United States.
SEC. 2828. TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT SILL,
OKLAHOMA.
(a) Transfer of Land for National Cemetery.--
(1) Transfer authorized.--The Secretary of the Army may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property (including any improvements thereon) consisting
of approximately 400 acres and comprising a portion of Fort
Sill, Oklahoma.
(2) Use of land.--The Secretary of Veterans Affairs shall
use the real property transferred under paragraph (1) as a
national cemetery under chapter 24 of title 38, United States
Code.
(3) Return of unused land.--If the Secretary of Veterans
Affairs determines that any portion of the real property
transferred under paragraph (1) is not needed for use as a
national cemetery, the Secretary of Veterans Affairs shall
return such portion to the administrative jurisdiction of the
Secretary of the Army.
(b) Legal Description.--The exact acreage and legal description of
the real property to be transferred or conveyed under this section
shall be determined by surveys that are satisfactory to the Secretary
of the Army. The cost of such surveys shall be borne by the recipient
of the real property.
SEC. 2829. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such action as is necessary to
reduce the total cost of the renovation of the Pentagon Reservation to
not more than $1,118,000,000.
SEC. 2830. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING PLANT, ROLLA,
NORTH DAKOTA.
(a) Authority to Convey.--The Administrator of General Services may
convey, without consideration, to the Job Development Authority of the
City of Rolla, North Dakota (in this section referred to as the
``Authority''), all right, title, and interest of the United States in
and to a parcel of real property, with improvements thereon and all
associated personal property, consisting of approximately 9.77 acres
and comprising the William Langer Jewel Bearing Plant in Rolla, North
Dakota.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the Authority--
(1) use the real and personal property and improvements
conveyed under that subsection for economic development
relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or
private entity or person to lease such property and
improvements to that entity or person for such economic
development; or
(3) enter into an agreement with an appropriate public or
private entity or person to sell such property and improvements
to that entity or person for such economic development.
(c) Preference for Domestic Disposal of Jewel Bearings.--(1) In
offering to enter into agreements pursuant to any provision of law for
the disposal of jewel bearings from the National Defense Stockpile, the
President shall give a right of first refusal on all such offers to the
Authority or to the appropriate public or private entity or person with
which the Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, the term ``National Defense
Stockpile'' means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of
Plant.--Notwithstanding any other provision of law, funds available in
fiscal year 1995 for the maintenance of the William Langer Jewel
Bearing Plant in Public Law 103-335 shall be available for the
maintenance of that plant in fiscal year 1996, pending conveyance, and
for the conveyance of that plant under this section.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Administrator. The cost of
the survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under this section as the Administrator determines appropriate to
protect the interests of the United States.
SEC. 2831. REAFFIRMATION OF LAND CONVEYANCES, FORT SHERIDAN, ILLINOIS.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Army shall complete the land conveyances involving
Fort Sheridan, Illinois, required or authorized under section 125 of
the Military Construction Appropriations Act, 1996 (Public Law 104-32;
109 Stat. 290).
SEC. 2832. LAND CONVEYANCE, CRAFTS BROTHERS RESERVE TRAINING CENTER,
MANCHESTER, NEW HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Saint Anselm College, Manchester, New
Hampshire, all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon,
consisting of approximately 3.5 acres and located on Rockland Avenue in
Manchester, New Hampshire, the site of the Crafts Brothers Reserve
Training Center.
(b) Requirement Relating to Conveyance.--The Secretary may not make
the conveyance authorized by subsection (a) until the Army Reserve
units currently housed at the Crafts Brothers Reserve Training Center
are relocated to the Joint Service Reserve Center to be constructed at
the Manchester Airport, New Hampshire.
(c) Requirement for Federal Screening of Property.--The Secretary
may not carry out the conveyance of property authorized by subsection
(a) unless the Secretary determines that no department or agency of the
Federal Government will accept the transfer of the property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND TRANSFER, VERNON RANGER DISTRICT, KISATCHIE NATIONAL
FOREST, LOUISIANA.
(a) Transfer Pursuant to Administrative Agreement.--(1) Not later
than six months after the date of the enactment of this Act, the
Secretary of the Army and the Secretary of Agriculture shall enter into
an agreement providing for the transfer to the Secretary of the Army of
administrative jurisdiction over such portion of land currently owned
by the United States within the Vernon Ranger District of the Kisatchie
National Forest, Louisiana, as the Secretary of the Army and the
Secretary of Agriculture jointly determine appropriate for military
training activities in connection with Fort Polk, Louisiana. The
agreement shall allocate responsibility for land management and
conservation activities with respect to the property transferred
between the Secretary of the Army and the Secretary of Agriculture.
(2) The Secretary of the Army and the Secretary of Agriculture may
jointly extend the deadline for entering into an agreement under
paragraph (1). The deadline may be extended by not more than six
months.
(b) Alternative Transfer Requirement.--If the Secretary of the Army
and the Secretary of Agriculture fail to enter into the agreement
referred to paragraph (1) of subsection (a) within the time provided
for in that subsection, the Secretary of Agriculture shall, at the end
of such time, transfer to the Secretary of the Army administrative
jurisdiction over property consisting of approximately 84,825 acres of
land currently owned by the United States and located in the Vernon
Ranger District of the Kisatchie National Forest, Louisiana, as
generally depicted on the map entitled ``Fort Polk Military
Installation map'', dated June 1995.
(c) Limitation on Acquisition of Private Property.--The Secretary
of the Army may acquire privately-owned land within the property
transferred under this section only with the consent of the owner of
the land.
(d) Use of Property.--(1) Subject to paragraph (2), the Secretary
of the Army shall use the property transferred under this section for
military maneuvers, training and weapons firing, and other military
activities in connection with Fort Polk, Louisiana.
(2) The Secretary may not permit the firing of live ammunition on
or over any portion of the property unless the firing of such
ammunition on or over such portion is permitted as of the date of the
enactment of this Act.
(e) Map and Legal Description.--(1) As soon as practicable after
the date of the transfer of property under this section, the Secretary
of Agriculture shall--
(A) publish in the Federal Register a notice containing the
legal description of the property transferred; and
(B) file a map and the legal description of the property
with the Committee on Energy and Natural Resources, the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Armed Services of the Senate and the Committee on
Resources, the Committee on Agriculture, and the Committee on
National Security of the House of Representatives.
(2) The maps and legal descriptions prepared under paragraph (1)
shall have the same force and effect as if included in this subsection,
except that the Secretary of Agriculture may correct clerical and
typographical errors in the maps and legal descriptions.
(3) As soon as practicable after the date of the enactment of this
Act, copies of the maps and legal descriptions prepared under paragraph
(1) shall be available for public inspection in the following offices:
(A) The Office of the Secretary of Agriculture.
(B) Such offices of the United States Forest Service as the
Secretary of Agriculture shall designate.
(C) The Office of the Commander of Fort Polk, Louisiana.
(D) The appropriate office in the Vernon Parish Court
House, Louisiana.
(f) Management of Property.--(1) If the transfer of property under
this section occurs under subsection (a), the Secretary of the Army and
the Secretary of Agriculture shall manage the property in accordance
with the agreement entered into under that subsection.
(2)(A) If the transfer of property under this section occurs under
subsection (b), the Secretary of the Army and the Secretary of
Agriculture shall manage the property in accordance with the management
plan under subparagraph (B) and the memorandum of understanding under
subparagraph (C).
(B)(i) For purposes of managing the property under this paragraph,
the Secretary of the Army shall, with the concurrence of the Secretary
of Agriculture, develop a plan for the management of the property not
later than two years after the transfer of the property. The Secretary
of the Army shall provide for a period of public comment in developing
the plan in order to ensure that the concerns of local citizens are
taken into account in the development of the plan. The Secretary of the
Army may utilize the property pending the completion of the plan.
(ii) The Secretary of the Army shall develop and implement the plan
in compliance with applicable Federal law, including the provisions of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(iii) The plan shall provide for the management of the natural,
cultural, and other resources of the property, including grazing, the
management of wildlife and wildlife habitat, recreational uses
(including hunting and fishing), and non-public uses of non-Federal
lands within the property.
(C)(i) For purposes of managing the property under this paragraph,
the Secretary of the Army and the Secretary of Agriculture shall enter
into a memorandum of understanding in order to provide for--
(I) the implementation of the management plan developed
under subparagraph (B); and
(II) the management by the Secretary of Agriculture of such
areas of the property as the Secretary of the Army and the
Secretary of Agriculture designate for use for non-military
purposes.
(ii) The Secretary of the Army and the Secretary of Agriculture may
amend the memorandum of understanding by mutual agreement.
(g) Reversion.--If at any time after the transfer of property under
this section the Secretary of the Army determines that the property, or
any portion thereof, is no longer to be retained by the Army for
possible use for military purposes, jurisdiction over the property, or
such portion thereof, shall revert to the Secretary of Agriculture who
shall manage the property, or portion thereof, as part of the Kisatchie
National Forest.
(h) Identification of Land for Transfer to Forest Service.--The
Secretary of Defense shall seek to identify land equal in acreage to
the land transferred under this section and under the jurisdiction of
the Department of Defense that is suitable for transfer to the
Secretary of Agriculture for use by the Forest Service.
SEC. 2834. LAND CONVEYANCE, AIR FORCE PLANT NO. 85, COLUMBUS, OHIO.
(a) Conveyance Authorized.--(1) Notwithstanding any other provision
of law, the Secretary of the Air Force may instruct the Administrator
of General Services to convey, without consideration, to the Columbus
Municipal Airport Authority (in this section referred to as the
``Authority'') all right, title, and interest of the United States in
and to a parcel of real property, together with improvements thereon,
at Air Force Plant No. 85, Columbus, Ohio, consisting of approximately
240 acres that contains the land and buildings referred to as the
``airport parcel'' in the correspondence from the General Services
Administration to the Authority dated April 30, 1996, and is located
adjacent to the Port Columbus International Airport.
(2) If the Secretary does not have administrative jurisdiction over
the parcel on the date of the enactment of this Act, the conveyance
shall be made by the Federal official who has administrative
jurisdiction over the parcel as of that date.
(b) Requirement for Federal Screening.--The Federal official may
not carry out the conveyance of property authorized in subsection (a)
unless the Federal official determines, in consultation with the
Administrator of General Services, that no department or agency of the
Federal Government will accept the transfer of the property.
(c) Condition of Conveyance.--The conveyance required under
subsection (a) shall be subject to the condition that the Authority use
the conveyed property for public airport purposes.
(d) Reversion.--If the Federal official making the conveyance under
subsection (a) determines that any portion of the conveyed property is
not being utilized in accordance with subsection (c), all right, title,
and interest in and to such portion shall revert to the United States
and the United States shall have immediate right of entry thereon.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Federal official
making the conveyance. The cost of the survey shall be borne by the
Authority.
(f) Additional Terms and Conditions.--The Federal official making
the conveyance of property under subsection (a) may require such
additional terms and conditions in connection with the conveyance as
such official considers appropriate to protect the interests of the
United States.
SEC. 2835. LAND CONVEYANCE, PINE BLUFF ARSENAL, ARKANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Economic Development Alliance of
Jefferson County, Arkansas (in this section referred to as the
``Alliance''), all right, title, and interest of the United States in
and to a parcel of real property, together with any improvements
thereon, consisting of approximately 1,500 acres and comprising a
portion of the Pine Bluff Arsenal, Arkansas.
(b) Requirements Relating to Conveyance.--The Secretary may not
carry out the conveyance of property authorized under subsection (a)
until--
(1) the completion by the Secretary of any environmental
restoration and remediation that is required with the respect
to the property under applicable law;
(2) the Secretary secures all permits required under law
applicable regarding the conduct of the proposed chemical
demilitarization mission at the arsenal; and
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a certification that
the conveyance will not adversely affect the ability of the
Department of Defense to conduct that chemical demilitarization
mission.
(c) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the following conditions:
(1) That the Alliance agree not to carry out any activities
on the property to be conveyed that interfere with the
construction, operation, and decommissioning of the chemical
demilitarization facility to be constructed at Pine Bluff
Arsenal. If the Alliance fails to comply with its agreement in
paragraph (1) the property conveyed under this section, all
rights, title, and interest in and to the property shall revert
to the United States and the United States shall have immediate
rights of entry thereon.
(2) That the property be used during the 25-year period
beginning on the date of the conveyance only as the site of the
facility known as the ``Bioplex'', and for activities related
thereto.
(d) Costs of Conveyance.--The Alliance shall be responsible for any
costs of the Army associated with the conveyance of property under this
section, including administrative costs, the costs of an environmental
baseline survey with respect to the property, and the cost of any
protection services required by the Secretary in order to secure
operations of the chemical demilitarization facility from activities on
the property after the conveyance.
(e) Reversionary Interests.--If the Secretary determines at any
time during the 25-year period referred to in subsection (c)(2) that
the property conveyed under this section is not being used in
accordance with that subsection, all right, title, and interest in and
to the property shall revert to the United States and the United States
shall have immediate right of entry thereon.
(f) Sale of Property by Alliance.--If at any time during the 25-
year period referred to in subsection (c)(2) the Alliance sells all or
a portion of the property conveyed under this section, the Alliance
shall pay the United States an amount equal to the lesser of--
(1) the amount of the sale of the property sold; or
(2) the fair market value of the property sold at the time
of the sale, excluding the value of any improvements to the
property sold that have been made by the Alliance.
(g) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Alliance.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2836. MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL MONUMENT
AND WHITE SANDS MISSILE RANGE.
(a) Purpose.--The purpose of this section is to effect an exchange
between the Secretary of the Interior and the Secretary of the Army of
administrative jurisdiction over the lands described in subsection (c)
in order to facilitate administration of the White Sands National
Monument and the White Sands Missile Range.
(b) Definitions.--In this section:
(1) Missile range.--The term ``missile range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(2) Monument.--The term ``monument'' means the White Sands
National Monument, New Mexico, established by Proclamation No.
2025 (16 U.S.C. 431 note) and administered by the Secretary of
the Interior.
(c) Exchange of Jurisdiction.--The lands exchanged under this Act
are the lands generally depicted on the map entitled ``White Sands
National Monument, Boundary Proposal'', numbered 142/80,061 and dated
January 1994, comprising--
(1) approximately 2,524 acres of land within the monument
that is under the jurisdiction of the Secretary of the Army,
which are transferred to the Secretary of the Interior;
(2) approximately 5,758 acres of land within the missile
range abutting the monument, which are transferred to the
Secretary of the Interior; and
(3) approximately 4,277 acres of land within the monument
abutting the missile range, which are transferred to the
Secretary of the Army.
(d) Boundary Modification.--The boundary of the monument is
modified to include the land transferred to the Secretary of the
Interior and exclude the land transferred to the Secretary of the Army
by subsection (c). The boundary of the missile range is modified
accordingly.
(e) Administration.--
(1) Monument.--The Secretary of the Interior shall
administer the lands transferred to the Secretary of the
Interior by subsection (c) in accordance with laws (including
regulations) applicable to the monument.
(2) Missile range.--The Secretary of the Army shall
administer the lands transferred to the Secretary of the Army
by subsection (c) as part of the missile range.
(3) Airspace.--The Secretary of the Army shall maintain
control of the airspace above the lands transferred to the
Secretary of the Army by subsection (c) as part of the missile
range.
(f) Public Availability of Map.--The Secretary of the Interior and
the Secretary of the Army shall prepare, and the Secretary of the
Interior shall keep on file for public inspection in the headquarters
of the monument, a map showing the boundary of the monument as modified
by this Act.
(g) Waiver of Limitation Under Prior Law.--Notwithstanding section
303(b)(1) of the National Parks and Recreation Act of 1978 (92 Stat.
3476), land or an interest in land that was deleted from the monument
by section 301(19) of the Act (92 Stat. 3475) may be exchanged for land
owned by the State of New Mexico within the boundaries of any unit of
the National Park System in the State of New Mexico, may be transferred
to the jurisdiction of any other Federal agency without monetary
consideration, or may be administered as public land, as the Secretary
considers appropriate.
SEC. 2837. BANDELIER NATIONAL MONUMENT.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) under the provisions of a special use permit,
sewage lagoons for Bandelier National Monument,
established by Proclamation No. 1322 (16 U.S.C. 431
note) (referred to in this section as the ``monument'')
are located on land administered by the Secretary of
Energy that is adjacent to the monument; and
(B) modification of the boundary of the monument to
include the land on which the sewage lagoons are
situated--
(i) would facilitate administration of both
the monument and the adjacent land that would
remain under the administrative jurisdiction of
the Secretary of Energy; and
(ii) can be accomplished at no cost.
(2) Purpose.--The purpose of this section is to modify the
boundary between the monument and adjacent Department of Energy
land to facilitate management of the monument and Department of
Energy land.
(b) Boundary Modification.--
(1) Transfer of administrative jurisdiction.--There is
transferred from the Secretary of Energy to the Secretary of
the Interior administrative jurisdiction over the land
comprising approximately 4.47 acres depicted on the map
entitled ``Boundary Map, Bandelier National Monument'', No.
315/80,051, dated March 1995.
(2) Boundary modification.--The boundary of the monument is
modified to include the land transferred by paragraph (1).
(3) Public availability of map.--The map described in
paragraph (1) shall be on file and available for public
inspection in the Lands Office at the Southwest System Support
Office of the National Park Service, Santa Fe, New Mexico, and
in the Superintendent's Office of Bandelier National Monument.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997 for
stockpile stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,636,767,000, to be
allocated as follows:
(1) For core stockpile stewardship, $1,200,907,000, to be
allocated as follows:
(A) For operation and maintenance, $1,112,570,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $88,337,000, to be
allocated as follows:
Project 96-D-102, stockpile stewardship
facilities revitalization, Phase VI, various
locations, $19,250,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$15,100,000.
Project 96-D-104, processing and
environmental technology laboratory (PETL),
Sandia National Laboratories, Albuquerque, New
Mexico, $14,100,000.
Project 96-D-105, contained firing facility
addition, Lawrence Livermore National
Laboratory, Livermore, California, $17,100,000.
Project 95-D-102, Chemical and Metallurgy
Research Building upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$15,000,000.
Project 94-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase V, various locations,
$7,787,000.
(2) For inertial fusion, $366,460,000, to be allocated as
follows:
(A) For operation and maintenance, $234,560,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, and modification of facilities, and land
acquisition related thereto):
Project 96-D-111, national ignition
facility, location to be determined,
$131,900,000.
(3) For technology transfer and education, $69,400,000.
(b) Stockpile Management.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997 for
stockpile management in carrying out weapons activities necessary for
national security programs in the amount of $1,988,831,000, to be
allocated as follows:
(1) For operation and maintenance, $1,894,470,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$94,361,000, to be allocated as follows:
Project 97-D-121, consolidated pit packaging
system, Pantex Plant, Amarillo, Texas, $870,000.
Project 97-D-122, nuclear materials storage
facility renovation, Los Alamos National Laboratory,
Los Alamos, New Mexico, $4,000,000.
Project 97-D-123, structural upgrades, Kansas City
Plant, Kansas City, Missouri, $1,400,000.
Project 97-D-124, steam plant waste water treatment
facility upgrade, Y-12 plant, Oak Ridge, Tennessee,
$600,000.
Project 96-D-122, sewage treatment quality upgrade
(STQU), Pantex Plant, Amarillo, Texas, $100,000.
Project 96-D-123, retrofit heating, ventilation,
and air conditioning and chillers for ozone protection,
Y-12 plant, Oak Ridge, Tennessee, $7,000,000.
Project 96-D-125, Washington measurements
operations facility, Andrews Air Force Base, Camp
Springs, Maryland, $3,825,000.
Project 95-D-122, sanitary sewer upgrade, Y-12
plant, Oak Ridge, Tennessee, $10,900,000.
Project 94-D-124, hydrogen fluoride supply system,
Y-12 plant, Oak Ridge, Tennessee, $4,900,000.
Project 94-D-125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $5,200,000.
Project 94-D-127, emergency notification system,
Pantex Plant, Amarillo, Texas, $2,200,000.
Project 93-D-122, life safety upgrades, Y-12 plant,
Oak Ridge, Tennessee, $7,200,000.
Project 93-D-123, non-nuclear reconfiguration,
complex-21, various locations, $14,487,000.
Project 88-D-122, facilities capability assurance
program, various locations, $21,940,000.
Project 88-D-123, security enhancement, Pantex
Plant, Amarillo, Texas, $9,739,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997 for
program direction in carrying out weapons activities necessary for
national security programs in the amount of $323,404,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (j), funds
are hereby authorized to be appropriated to the Department of Energy
for fiscal year 1997 for environmental restoration in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $1,777,194,000.
(b) Waste Management.--Subject to subsection (j), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1997 for waste management in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $1,601,653,000, to be allocated as
follows:
(1) For operation and maintenance, $1,513,326,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,327,000, to be allocated as follows:
Project 97-D-402, tank restoration and safe
operations, Richland, Washington, $7,584,000.
Project 96-D-408, waste management upgrades,
various locations, $11,246,000.
Project 95-D-402, install permanent electrical
service, Waste Isolation Pilot Plant, Carlsbad, New
Mexico, $752,000.
Project 95-D-405, industrial landfill V and
construction/demolition landfill VII, Phase III, Y-12
Plant, Oak Ridge, Tennessee, $200,000.
Project 94-D-404, Melton Valley storage tank
capacity increase, Oak Ridge National Laboratory, Oak
Ridge, Tennessee, $6,345,000.
Project 94-D-407, initial tank retrieval systems,
Richland, Washington, $12,600,000.
Project 93-D-182, replacement of cross-site
transfer system, Richland, Washington, $8,100,000.
Project 93-D-187, high-level waste removal from
filled waste tanks, Savannah River Site, South
Carolina, $20,000,000.
Project 89-D-174, replacement high-level waste
evaporator, Savannah River Site, Aiken, South Carolina,
$11,500,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $10,000,000.
(c) Technology Development.--Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1997 for technology development in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $328,771,000.
(d) Nuclear Materials and Facilities Stabilization.--Subject to
subsection (j), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for nuclear materials and
facilities stabilization in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $994,821,000, to be allocated as follows:
(1) For operation and maintenance, $909,664,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$85,157,000, to be allocated as follows:
Project 97-D-450, actinide packaging and storage
facility, Savannah River Site, Aiken, South Carolina,
$7,900,000.
Project 97-D-451, B-plant safety class ventilation
upgrades, Richland, Washington, $1,500,000.
Project 96-D-406, spent nuclear fuels canister
storage and stabilization facility, Richland,
Washington, $60,672,000.
Project 96-D-464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho, $10,440,000.
Project 95-D-456, security facilities upgrade,
Idaho Chemical Processing Plant, Idaho National
Engineering Laboratory, Idaho, $4,645,000.
(e) Policy and Management.--Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1997 policy and management activities (including
development and direction of policy, training and education, and
management) in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $26,155,000.
(f) Site Operations.--Subject to subsection (j), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1997 for site operations in carrying out environmental restoration
and waste management activities necessary for national security
programs in the amount of $363,469,000, to be allocated as follows:
(1) For operation and maintenance, $331,054,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$32,415,000, to be allocated as follows:
Project 96-D-461, electrical distribution upgrade,
Idaho National Engineering Laboratory, Idaho,
$6,790,000.
Project 96-D-470, environmental monitoring
laboratory, Savannah River Site, Aiken, South Carolina,
$2,500,000.
Project 96-D-471, chlorofluorocarbon heating,
ventilation, and air conditioning and chiller retrofit,
Savannah River Site, Aiken, South Carolina, $8,541,000.
Project 96-D-473, health physics site support
facility, Savannah River Site, Aiken, South Carolina,
$2,000,000.
Project 95-E-600, hazardous materials management
and emergency response training center, Richland,
Washington, $7,900,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $4,137,000.
Project 94-D-401, emergency response facility,
Idaho National Engineering Laboratory, Idaho, $547,000.
(g) Environmental Science and Risk Policy.--Subject to subsection
(j), funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1997 for environmental science and risk
policy activities in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $52,136,000.
(h) Environmental Management Privatization.--Subject to subsection
(j), funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1997 for environmental management
privatization activities in carrying out environmental restoration and
waste management necessary for national security programs in the amount
of $185,000,000.
(i) Program Direction.--Subject to subsection (j), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1997 for program direction in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $436,511,000.
(j) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (i) reduced by the sum of--
(1) $150,400,000, for use of prior year balances; and
(2) $8,000,000, for Savannah River Pension Refund.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for other defense activities in carrying
out programs necessary for national security in the amount of
$1,560,700,000, to be allocated as follows:
(1) For verification and control technology, $456,348,000,
to be allocated as follows:
(A) For nonproliferation and verification research
and development, $204,919,000.
(B) For arms control, $216,244,000.
(C) For intelligence, $35,185,000.
(2) For nuclear safeguards and security, $47,208,000.
(3) For security investigations, $22,000,000.
(4) For environment, safety, and health, defense,
$53,094,000.
(5) For program direction, environment, safety, and health,
defense, $10,706,000.
(6) For worker and community transition assistance,
$62,659,000.
(7) For program direction, worker and community transition
assistance, $4,341,000.
(8) For fissile materials $93,796,000, to be allocated as
follows:
(A) For control and disposition, $73,163,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, and modification of facilities, and land
acquisition related thereto):
Project 97-D-140, consolidated special
nuclear materials storage plant, location to be
determined, $17,000,000.
(C) For program direction, $3,633,000.
(9) For emergency management, $16,794,000.
(10) For program direction, nonproliferation and national
security, $90,622,000.
(11) For naval reactors development, $681,932,000, to be
allocated as follows:
(A) For operation and infrastructure, $649,330,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $13,700,000, to be
allocated as follows:
Project 97-D-201, advanced test reactor
secondary coolant system upgrades Idaho
National Engineering Laboratory, Idaho,
$400,000.
Project 95-D-200, laboratory systems and
hot cell upgrades, various locations,
$4,800,000.
Project 95-D-201, advanced test reactor
radioactive waste system upgrades, Idaho
National Engineering Laboratory, Idaho,
$500,000.
Project 90-N-102, expended core facility
dry cell project, Naval Reactors Facility,
Idaho, $8,000,000.
(C) For program direction, $18,902,000.
(12) For international nuclear safety, $15,200,000.
(13) For nuclear security, $6,000,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $200,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
(c) Study on Permanent Authorization for General Plant Projects.--
Not later than February 1, 1997, the Secretary of Energy shall report
to the appropriate congressional committees on the need for, and
desirability of, a permanent authorization formula for defense and
civilian general plant projects in the Department of Energy that
includes periodic adjustments for inflation, including any legislative
recommendations to enact such formula into permanent law. The report of
the Secretary shall describe actions that would be taken by the
Department to provide for cost control of general plant projects,
taking into account the size and nature of such projects.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 3101, 3102, or 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant to this title
between any such authorizations. Amounts of authorizations so
transferred may be merged with and be available for the same purposes
and for the same period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent
by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items relating to
weapons activities necessary for national security programs
that have a higher priority than the items from which the funds
are transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph
(2) and except as provided in paragraph (3), before submitting to
Congress a request for funds for a construction project that is in
support of a national security program of the Department of Energy, the
Secretary of Energy shall complete a conceptual design for that
project. The Secretary shall submit to Congress a report on each
conceptual design completed under this paragraph.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including those funds authorized to be appropriated for advance
planning and construction design under sections 3101, 3102, and 3103,
to perform planning, design, and construction activities for any
Department of Energy national security program construction project
that, as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriations Act, amounts appropriated
for operation and maintenance or for plant projects may remain
available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. TRITIUM PRODUCTION.
(a) Acceleration of Tritium Production.--(1) The Secretary of
Energy shall, during fiscal year 1997, make a final decision on the
technologies to be utilized, and the accelerated schedule to be
adopted, for tritium production in order to meet the requirements of
the Nuclear Weapons Stockpile Memorandum relating to tritium
production, including the new tritium production date of 2005 specified
in the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take into
account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
particular, the requirements for the ``upload hedge'' component
of the nuclear weapons stockpile.
(B) The ongoing activities of the Department relating to
the evaluation and demonstration of technologies under the
accelerator reactor program and the commercial light water
reactor program.
(b) Report.--(1) Not later than April 15, 1997, the Secretary shall
submit to the Congress a report that sets forth the final decision of
the Secretary under subsection (a)(1). The report shall set forth in
detail--
(A) the technologies decided on under that subsection; and
(B) the accelerated schedule for the production of tritium
decided on under that subsection.
(2) If the Secretary determines that it is not possible to make the
final decision by the date specified in paragraph (1), the Secretary
shall submit to Congress on that date a report that explains in detail
why the final decision cannot be made by that date.
(c) New Tritium Production Facility.--The Secretary shall commence
planning and design activities and infrastructure development for a new
tritium production facility.
(d) In-Reactor Tests.--The Secretary may perform in-reactor tests
of tritium target rods as part of the activities carried out under the
commercial light water reactor program.
(e) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101(b)(1)--
(1) not more than $45,000,000 shall be available for
research, development, and technology demonstration activities
and other activities relating to the production of tritium in
accelerators;
(2) not more than $15,000,000 shall be available for the
commercial light water reactor project, including activities
relating to target development, extraction capability, and
reactor acquisition or initial tritium operations; and
(3) not more than $100,000,000 shall be available for other
tritium production research activities.
SEC. 3132. MODERNIZATION AND CONSOLIDATION OF TRITIUM RECYCLING
FACILITIES.
(a) In General.--The Secretary of Energy shall carry out activities
to modernize and consolidate the facilities for recycling tritium for
weapons at the Savannah River Site, South Carolina, so as to ensure
that such facilities have a capacity to recycle tritium from weapons
that is adequate to meet the tritium requirements for weapons specified
in the Nuclear Weapons Stockpile Memorandum.
(b) Funding.--Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, not more than $6,000,000
shall be available for activities under subsection (a).
SEC. 3133. MODIFICATION OF REQUIREMENTS FOR MANUFACTURING
INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF
NUCLEAR WEAPONS STOCKPILE.
(a) General Program Requirements.--Subsection (a) of section 3137
of the National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 620; 42 U.S.C. 2121 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Energy'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively; and
(3) by adding at the end the following:
``(2) The purpose of the program carried out under paragraph (1)
shall also be to develop manufacturing capabilities and capacities
necessary to meet the requirements specified in the annual Nuclear
Weapons Stockpile Review.''.
(b) Required Capabilities.--Subsection (b)(3) of such section is
amended to read as follows:
``(3) The capabilities of the Savannah River Site relating
to tritium recycling and fissile materials components
processing and fabrication.''.
(c) Plan and Report.--Not later than March 1, 1997, the Secretary
of Energy shall submit to Congress a report containing a plan for
carrying out the program established under section 3137(a) of the
National Defense Authorization Act for Fiscal Year 1996, as amended by
this section. The report shall set forth the obligations that the
Secretary has incurred, and proposes to incur, during fiscal year 1997
in carrying out the program.
(d) Funding.--Of the funds authorized to be appropriated pursuant
to section 3101(b), $5,000,000 shall be available for carrying out the
program established under section 3137(a) of the National Defense
Authorization Act for Fiscal Year 1996, as so amended.
SEC. 3134. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND
DEVELOPMENT PURPOSES.
(a) Limitation.--No funds appropriated or otherwise made available
to the Department of Energy for fiscal year 1997 under section 3101 may
be obligated or expended for activities under the Department of Energy
Laboratory Directed Research and Development Program, or under any
Department of Energy technology transfer program or cooperative
research and development agreement, unless such activities support the
national security mission of the Department of Energy.
(b) Annual Report.--(1) The Secretary of Energy shall annually
submit to the congressional defense committees a report on the funds
expended during the preceding fiscal year on activities under the
Department of Energy Laboratory Directed Research and Development
Program. The purpose of the report is to permit an assessment of the
extent to which such activities support the national security mission
of the Department of Energy.
(2) Each report shall be prepared by the officials responsible for
Federal oversight of the funds expended on activities under the
program.
(3) Each report shall set forth the criteria utilized by the
officials preparing the report in determining whether or not the
activities reviewed by such officials support the national security
mission of the Department.
SEC. 3135. ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL NUCLEAR WASTE
AT THE DEFENSE WASTE PROCESSING FACILITY, SAVANNAH RIVER
SITE.
The Secretary of Energy shall accelerate the schedule for the
isolation of high-level nuclear waste in glass canisters at the Defense
Waste Processing Facility at the Savannah River Site if the Secretary
determines that the acceleration of such schedule--
(1) will achieve long-term cost savings to the Federal
Government; and
(2) could accelerate the removal and isolation of high-
level nuclear waste from long-term storage tanks at the site.
SEC. 3136. PROCESSING OF HIGH-LEVEL NUCLEAR WASTE AND SPENT NUCLEAR
FUEL RODS.
(a) In General.--In order to provide for an effective response to
requirements for managing spent nuclear fuel that is sent to Department
of Energy consolidation sites pursuant to the Department of Energy
Programmatic Spent Nuclear Fuel Management and Idaho National
Engineering Laboratory Environmental Restoration and Waste Management
Programs Final Environmental Impact Statement, dated April 1995, there
shall be available to the Secretary of Energy, from amounts authorized
to be appropriated pursuant to section 3102(b), the following amounts
for the purposes stated:
(1) Not more than $65,700,000 for the development and
implementation of a program for the processing, reprocessing,
separation, reduction, isolation, and interim storage of high-
level nuclear waste associated with Department of Energy
aluminum clad spent fuel rods and foreign spent fuel rods in
the H-canyon facility and F-canyon facility.
(2) Not more than $80,000,000 for the development and
implementation of a program for the treatment, preparation, and
conditioning of high-level nuclear waste associated with
Department of Energy non-aluminum clad spent nuclear fuel rods
(including naval spent nuclear fuel) for interim storage and
final disposition.
(b) Update of Implementation Plan.--Not later than April 30, 1997,
the Secretary shall submit to Congress a plan which updates the five-
year plan required by section 3142(b) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
622). The updated plan shall include--
(1) the matters required by paragraphs (1) through (4) of
such section, current as of the date of the updated plan; and
(2) the assessment of the Secretary of the progress made in
implementing the program covered by the plans.
SEC. 3137. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds authorized to
be appropriated pursuant to section 3101(b), $5,000,000 may be used for
conducting the fellowship program for the development of skills
critical to the ongoing mission of the Department of Energy nuclear
weapons complex required by section 3140 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
621; 42 U.S.C. 2121 note).
(b) Notice and Wait.--The Secretary of Energy may not obligate or
expend funds under subsection (a) for the fellowship program referred
to in that subsection until--
(1) the Secretary submits to Congress a report setting
forth--
(A) the steps the Department has taken to implement
the fellowship program;
(B) the amount the Secretary proposes to obligate;
and
(C) the purposes for which such amount will be
obligated; and
(2) a period of 21 days elapses from the date of the
receipt of the report by Congress.
SEC. 3138. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE OF
INFRASTRUCTURE AT NEVADA TEST SITE.
Notwithstanding any other provision of law and effective as of
September 30, 1996, the costs associated with operating and maintaining
the infrastructure at the Nevada Test Site, Nevada, with respect to any
activities initiated at the site after that date by the Department of
Defense pursuant to a work for others agreement may be paid for from
funds authorized to be appropriated to the Department of Energy for
activities at the Nevada Test Site.
Subtitle D--Other Matters
SEC. 3151. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET FOR THE NATIONAL
SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.
(a) Requirement.--The Secretary of Energy shall prepare each year a
budget for the national security programs of the Department of Energy
for the five-year period beginning in the year the budget is prepared.
Each budget shall contain the estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the national security programs during the five-year
period covered by the budget and shall be at a level of detail
comparable to that contained in the budget submitted by the President
to Congress under section 1105 of title 31, United States Code.
(b) Submittal.--The Secretary shall submit each year to the
congressional defense committees the budget required under subsection
(a) in that year at the same time as the President submits to Congress
the budget for the coming fiscal year pursuant to such section 1105.
SEC. 3152. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES
BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1997.
(a) In General.--The weapons activities budget of the Department of
Energy for any fiscal year after fiscal year 1997 shall--
(1) set forth with respect to each of the activities under
the budget (including stockpile stewardship, stockpile
management, and program direction) the funding requested to
carry out each project or activity that is necessary to meet
the requirements of the Nuclear Weapons Stockpile Memorandum;
and
(2) identify specific infrastructure requirements arising
from the Nuclear Posture Review, the Nuclear Weapons Stockpile
Memorandum, and the programmatic and technical requirements
associated with the review and memorandum.
(b) Required Detail.--The Secretary of Energy shall include in the
materials that the Secretary submits to Congress in support of the
budget for any fiscal year after fiscal year 1997 that is submitted by
the President pursuant to section 1105 of title 31, United States Code,
the following:
(1) A long-term program plan, and a near-term program plan,
for the certification and stewardship of the nuclear weapons
stockpile.
(2) An assessment of the effects of the plans referred to
in paragraph (1) on each nuclear weapons laboratory and each
nuclear weapons production plant.
(c) Definitions.--In this section:
(1) The term ``Nuclear Posture Review'' means the
Department of Defense Nuclear Posture Review as contained in
the report of the Secretary of Defense to the President and the
Congress dated February 19, 1995, or in subsequent such
reports.
(2) The term ``nuclear weapons laboratory'' means the
following:
(A) Lawrence Livermore National Laboratory,
California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(3) The term ``nuclear weapons production plant'' means the
following:
(A) The Pantex Plant.
(B) The Savannah River Site.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3153. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING PROCEDURES FOR
DEPARTMENT OF ENERGY FUNDS.
Section 3151 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 3089) is repealed.
SEC. 3154. PLANS FOR ACTIVITIES TO PROCESS NUCLEAR MATERIALS AND CLEAN
UP NUCLEAR WASTE AT THE SAVANNAH RIVER SITE.
(a) Near-Term Plan for Processing Spent Fuel Rods.--(1) Not later
than March 15, 1997, the Secretary of Energy shall submit to Congress a
plan for a near-term program to process the spent nuclear fuel rods
described in paragraph (2) in the H-canyon facility and the F-canyon
facility at the Savannah River Site. The plan shall include cost
projections and resource requirements for the program and identify
program milestones for the program.
(2) The spent nuclear fuel rods to be processed under the program
referred to in paragraph (1) are the following:
(A) Spent nuclear fuel rods produced at the Savannah River
Site.
(B) Spent nuclear fuel rods being sent to the site from
other Department of Energy facilities for processing, interim
storage, and other treatment.
(C) Foreign nuclear spent fuel rods being sent to the site
for processing, interim storage, and other treatment.
(b) Multi-Year Plan for Clean-Up at Site.--The Secretary shall
develop and implement a multi-year plan for the clean-up of nuclear
waste at the Savannah River Site that results, or has resulted, from
the following:
(1) Nuclear weapons activities carried out at the site.
(2) The processing of Department of Energy domestic and
foreign spent nuclear fuel rods at the site.
(c) Requirement for Continuing Operations.--The Secretary shall
continue operations and maintain a high state of readiness at the H-
canyon facility and the F-canyon facility at the Savannah River Site,
and shall provide technical staff necessary to operate and so maintain
such facilities, pending the development and implementation of the plan
referred to in subsection (b).
SEC. 3155. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.
Not later than February 15, 1997, the Secretary of Energy shall
submit to Congress a report which updates the report submitted by the
Secretary under section 3152 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623). The updated
report shall include the matters specified under such section, current
as of the date of the updated report.
SEC. 3156. REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR WEAPONS
LABORATORIES AND NUCLEAR WEAPONS PRODUCTION PLANTS.
(a) Reports by Heads of Laboratories and Plants.--In the event of a
difficulty at a nuclear weapons laboratory or a nuclear weapons
production plant that has a significant bearing on confidence in the
safety or reliability of a nuclear weapon or nuclear weapon type, the
head of the laboratory or plant, as the case may be, shall submit to
the Assistant Secretary of Energy for Defense Programs a report on the
difficulty. The head of the laboratory or plant shall submit the report
as soon as practicable after discovery of the difficulty.
(b) Transmittal by Assistant Secretary.--As soon as practicable
after receipt of a report under subsection (a), the Assistant Secretary
shall transmit the report (together with the comments of the Assistant
Secretary) to the congressional defense committees and to the Secretary
of Energy and the Secretary of Defense.
(c) Reports by Nuclear Weapons Council.--Section 179 of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) In addition to the responsibilities set forth in subsection
(d), the Council shall also submit to Congress a report on any analysis
conducted by the Council with respect to difficulties at nuclear
weapons laboratories or nuclear weapons production plants that have
significant bearing on confidence in the safety or reliability of
nuclear weapons or nuclear weapon types.''.
(d) Definitions.--In this section:
(1) The term ``nuclear weapons laboratory'' means the
following:
(A) Lawrence Livermore National Laboratory,
California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(2) The term ``nuclear weapons production plant'' means the
following:
(A) The Pantex Plant.
(B) The Savannah River Site.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3157. EXTENSION OF APPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT
REGARDING PROPOSED COOPERATION AGREEMENTS.
Section 3155(b) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 2153 note) is amended by striking out
``October 1, 1996'' and inserting in lieu thereof ``December 31,
1997''.
SEC. 3158. SENSE OF CONGRESS RELATING TO REDESIGNATION OF DEFENSE
ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
program of the Department of Energy known as the Defense Environmental
Restoration and Waste Management Program, and also known as the
Environmental Management Program, be redesignated as the Defense
Nuclear Waste Management Program of the Department of Energy.
(b) Report on Redesignation.--Not later than January 31, 1997, the
Secretary of Energy shall submit to the congressional defense
committees a report on the costs and other difficulties, if any,
associated with the following:
(1) The redesignation of the program of known as the
Defense Environmental Restoration and Waste Management Program,
and also known as the Environmental Management Program, as the
Defense Nuclear Waste Management Program of the Department of
Energy.
(2) The redesignation of the Defense Environmental
Restoration and Waste Management Account as the Defense Nuclear
Waste Management Account.
SEC. 3159. COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS
EXPERTISE.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Maintaining United States Nuclear Weapons
Expertise'' (in this section referred to as the ``Commission'').
(b) Organizational Matters.--(1)(A) The Commission shall be
composed of nine members appointed from among individuals in the public
and private sectors who have significant experience in matters relating
to nuclear weapons as follows:
(i) Two shall be appointed by the Majority Leader of the
Senate (in consultation with the Minority Leader of the
Senate).
(ii) One shall be appointed by the Minority Leader of the
Senate (in consultation with the Majority Leader of the
Senate).
(iii) Two shall be appointed by the Speaker of the House of
Representatives (in consultation with the Minority Leader of
the House of Representatives).
(iv) One shall be appointed by the Minority Leader of the
House of Representatives (in consultation with the Speaker of
the House of Representatives).
(v) Three shall be appointed by the Secretary of Energy.
(B) Members shall be appointed for the life of the Commission. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(C) The chairman of the Commission shall be designated from among
the members of the Commission appointed under subparagraph (A) by the
Majority Leader of the Senate, in consultation with the Minority Leader
of the Senate.
(2) The members of the Commission shall establish procedures for
the activities of the Commission, including procedures for calling
meetings, requirements for quorums, and the manner of taking votes.
(c) Duties.--(1) The Commission shall develop a plan for recruiting
and retaining within the Department of Energy nuclear weapons complex
such scientific, engineering, and technical personnel as the Commission
determines appropriate in order to permit the Department to maintain
over the long term a safe and reliable nuclear weapons stockpile
without engaging in underground testing.
(2) In developing the plan, the Commission shall--
(A) identify actions that the Secretary may undertake to
attract qualified scientific, engineering, and technical
personnel to the nuclear weapons complex of the Department; and
(B) review and recommend improvements to the on-going
efforts of the Department to attract such personnel to the
nuclear weapons complex.
(d) Report.--Not later than March 15, 1998, the Commission shall
submit to the Secretary and to Congress a report containing the plan
developed under subsection (c). The report may include recommendations
for legislation and administrative action.
(e) Commission Personnel Matters.--(1) Each member of the
Commission who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Commission. All members of the
Commission who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
(2) The members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) The Commission may, without regard to the civil service laws
and regulations, appoint and terminate such personnel as may be
necessary to enable the Commission to perform its duties. The
Commission may fix the compensation of the personnel of the Commission
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates.
(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) Termination.--The Commission shall terminate 30 days after the
date on which the Commission submits its report under subsection (d).
(g) Applicability of FACA.--The provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the activities of the
Commission.
(h) Funding.--Of the amounts authorized to be appropriated pursuant
to section 3101, not more than $1,000,000 shall be available for the
activities of the Commission under this section. Funds made available
to the Commission under this section shall remain available until
expended.
SEC. 3160. SENSE OF SENATE REGARDING RELIABILITY AND SAFETY OF
REMAINING NUCLEAR FORCES.
(a) Findings.--The Senate makes the following findings:
(1) The United States is committed to proceeding with a
robust science-based stockpile stewardship program with respect
to production of nuclear weapons, and to maintaining nuclear
weapons production capabilities and capacities, that are
adequate--
(A) to ensure the safety, reliability, and
performance of the United States nuclear arsenal; and
(B) to meet such changing national security
requirements as may result from international
developments or technical problems with nuclear
warheads.
(2) The United States is committed to reestablishing and
maintaining production of nuclear weapons at levels that are
sufficient--
(A) to satisfy requirements for the safety,
reliability, and performance of United States nuclear
weapons; and
(B) to demonstrate and sustain production
capabilities and capacities.
(3) The United States is committed to maintaining the
nuclear weapons laboratories and protecting core nuclear
weapons competencies.
(4) The United States is committed to ensuring the rapid
access to a new production source of tritium within the next
decade, as it currently has no meaningful capability to produce
tritium, a component that is essential to the performance of
modern nuclear weapons.
(5) The United States reserves the right, consistent with
United States law, to resume underground nuclear testing to
maintain confidence in the United States' stockpile of nuclear
weapons if warhead design flaws or aging of nuclear weapons
result in problems that a robust stockpile stewardship program
cannot solve.
(6) The United States is committed to funding the Nevada
Test Site at a level that maintains the ability of the United
States to resume underground nuclear testing within one year
after a national decision to do so is made.
(7) The United States reserves the right to invoke the
supreme national interest of the United States and withdraw
from any future arms control agreement to limit underground
nuclear testing.
(b) Sense of the Senate Regarding Presidential Consultation With
Congress.--It is the sense of the Senate that the President should
consult closely with Congress regarding United States policy and
practices to ensure confidence in the safety and reliability of the
nuclear stockpile of the United States.
(c) Sense of the Senate Regarding Notification and Consultation.--
It is the sense of the Senate that, upon a determination by the
President that a problem with the safety or reliability of the nuclear
stockpile has occurred and that the problem cannot be corrected within
the stockpile stewardship program, the President shall--
(1) immediately notify Congress of the problem; and
(2) submit to Congress in a timely manner a plan for
corrective action with respect to the problem, including--
(A) a technical description of the activities
required under the plan; and
(B) if underground testing of nuclear weapons would
assist in such corrective action, an assessment of
advisability of withdrawing from any treaty that
prohibits underground testing of nuclear weapons.
SEC. 3161. REPORT ON DEPARTMENT OF ENERGY LIABILITY AT DEPARTMENT
SUPERFUND SITES.
(a) Study.--The Secretary of Energy shall, using funds authorized
to be appropriated to the Department of Energy by section 3102, carry
out a study of the liability of the Department for damages for injury
to, destruction of, or loss of natural resources under section
107(a)(4)(C) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)) at each site
controlled or operated by the Department that is or is anticipated to
become subject to the provisions of that Act.
(b) Conduct of Study.--(1) The Secretary shall carry out the study
using personnel of the Department or by contract with an appropriate
private entity.
(2) In determining the extent of Department liability for purposes
of the study, the Secretary shall treat the Department as a private
person liable for damages under section 107(f) of that Act (42 U.S.C.
9607(f)) and subject to suit by public trustees of natural resources
under such section 107(f) for such damages.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report on the study carried
out under subsection (a) to the following committees:
(1) The Committees on Environment and Public Works and
Armed Services and Energy and Natural Resources of the Senate.
(2) The Committees on Commerce and National Security and
Resources of the House of Representatives.
SEC. 3162. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD IMPROVEMENT
PROJECT, LIVERMORE, CALIFORNIA.
(a) Funding.--The Secretary of Energy shall include in budget for
fiscal year 1998 submitted by the Secretary of Energy to the Office of
Management and Budget, a request for sufficient funds to pay the United
States portion of the cost of transportation improvements under the
Greenville Road Improvement Project, Livermore, California.
(b) Cooperation with Livermore, California.--The Secretary shall
work with the City of Livermore, California, to determine the cost of
the transportation improvements referred to in subsection (a).
SEC. 3163. OPPORTUNITY FOR REVIEW AND COMMENT BY STATE OF OREGON
REGARDING CERTAIN REMEDIAL ACTIONS AT HANFORD
RESERVATION, WASHINGTON.
(a) Opportunity.--(1) Subject to subsection (b), the Site Manager
at the Hanford Reservation, Washington, shall, in consultation with the
signatories to the Tri-Party Agreement, provide the State of Oregon an
opportunity to review and comment upon any information the Site Manager
provides the State of Washington under the Hanford Tri-Party Agreement
if the agreement provides for the review of and comment upon such
information by the State of Washington.
(2) In order to facilitate the review and comment of the State of
Oregon under paragraph (1), the Site Manager shall provide information
referred to in that paragraph to the State of Oregon at the same time,
or as soon thereafter as is practicable, that the Site Manager provides
such information to the State of Washington
(b) Construction.--This section may not be construed--
(1) to require the Site Manager to provide the State of
Oregon sensitive information on enforcement under the Tri-Party
Agreement or information on the negotiation, dispute
resolution, or State cost recovery provisions of the agreement;
(2) to require the Site Manager to provide confidential
information on the budget or procurement at Hanford under terms
other than those provided in the Tri-Party Agreement for the
transmission of such confidential information to the State of
Washington;
(3) to authorize the State of Oregon to participate in
enforcement actions, dispute resolution, or negotiation actions
conducted under the provisions of the Tri-Party Agreement;
(4) to authorize any delay in the implementation of
remedial, environmental management, or other programmatic
activities at Hanford; or
(5) to require the Department of Energy to provide funds to
the State of Oregon.
SEC. 3164. SENSE OF SENATE ON HANFORD MEMORANDUM OF UNDERSTANDING.
It is the sense of the Senate that--
(1) the State of Oregon has the authority to enter into a
memorandum of understanding with the State of Washington, or a
memorandum of understanding with the State of Washington and
the Site Manager of the Hanford Reservation, Washington, in
order to address issues of mutual concern to such States
regarding the Hanford Reservation; and
(2) such agreements are not expected to create any
additional obligation of the Department of Energy to provide
funds to the State of Oregon.
SEC. 3165. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Section 2536(b) of title 10, United States Code, is amended to read
as follows:
(b) Waiver Authority.--(1) The Secretary concerned may waive the
application of subsection (a) to a contract award if--
(A) the Secretary concerned determines that the waiver is
essential to the national security interests of the United
States; or
(B) in the case of a Department of Energy contract awarded
for environmental restoration, remediation, or waste management
at a Department of Energy facility--
(i) the Secretary determines that the waiver will
advance the environmental restoration, remediation, or
waste management objectives of the Department of Energy
and will not harm the national security interests of
the United States; and
(ii) the entity to which the contract is awarded is
controlled by a foreign government with which the
Secretary is authorized to exchange Restricted Data
under section 144(c) of the Atomic Energy Act of 1954
(42 U.S.C. 2164(c)).
(2) The Secretary of Energy shall notify the appropriate committees
of Congress of any decision to grant a waiver under paragraph (1)(B).
The contract may be executed only after the end of the 45-day period
beginning on the date the notification is received by the committees.
SEC. 3166. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.
(a) Not later than March 15, 1997, the Secretary of Energy shall
report to the defense committees of the Congress regarding the status
of projects and programs to improve worker safety and health at the
Mound Facility in Miamisburg, Ohio.
(b) The report shall include the following:
(1) the status of actions completed in fiscal year 1996;
(2) the status of actions completed or proposed to be
completed in fiscal years 1997 and 1998;
(3) a description of the fiscal year 1998 budget request
for Mound worker safety and health protection; and
(4) an accounting of expenditures for worker safety and
health at Mound by year from fiscal year 1994 through and
including fiscal year 1996.
Subtitle E--Environmental Restoration at Defense Nuclear Facilities
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Defense Nuclear Facility
Environmental Restoration Pilot Program Act of 1996''.
SEC. 3172. APPLICABILITY.
(a) In General.--The provisions of this subtitle shall apply to the
following defense nuclear facilities:
(1) Hanford.
(2) Any other defense nuclear facility if--
(A) the chief executive officer of the State in
which the facility is located submits to the Secretary
a request that the facility be covered by the
provisions of this subtitle; and
(B) the Secretary approves the request.
(b) Limitation.--The Secretary may not approve a request under
subsection (a)(2) until 60 days after the date on which the Secretary
notifies the congressional defense committees of the Secretary's
receipt of the request.
SEC. 3173. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL CLEANUP
DEMONSTRATION AREAS.
(a) Designation.--Each defense nuclear facility covered by this
subtitle under section 3172(a) is hereby designated as an environmental
cleanup demonstration area. The purpose of the designation is to
establish each such facility as a demonstration area at which to
utilize and evaluate new technologies to be used in environmental
restoration and remediation at other defense nuclear facilities.
(b) Sense of Congress.--It is the sense of Congress that Federal
and State regulatory agencies, members of the surrounding communities,
and other affected parties with respect to each defense nuclear
facility covered by this subtitle should continue to--
(1) develop expedited and streamlined processes and systems
for cleaning up such facility;
(2) eliminate unnecessary administrative complexity and
unnecessary duplication of regulation with respect to the clean
up of such facility;
(3) proceed expeditiously and cost-effectively with
environmental restoration and remediation activities at such
facility;
(4) consider future land use in selecting environmental
clean up remedies at such facility; and
(5) identify and recommend to Congress changes in law
needed to expedite the clean up of such facility.
SEC. 3174. SITE MANAGERS.
(a) Appointment.--(1)(A) The Secretary shall appoint a site manager
for Hanford not later than 90 days after the date of the enactment of
this Act.
(B) The Secretary shall develop a list of the criteria to be used
in appointing a site manager for Hanford. The Secretary may consult
with affected and knowledgeable parties in developing the list.
(2) The Secretary shall appoint the site manager for any other
defense nuclear facility covered by this subtitle not later than 90
days after the date of the approval of the request with respect to the
facility under section 3172(a)(2).
(3) An individual appointed as a site manager under this subsection
shall, if not an employee of the Department at the time of the
appointment, be an employee of the Department while serving as a site
manager under this subtitle.
(b) Duties.--(1) Subject to paragraphs (2) and (3), in addition to
other authorities provided for in this subtitle, the site manager for a
defense nuclear facility shall have full authority to oversee and
direct operations at the facility, including the authority to--
(A) enter into and modify contractual agreements to enhance
environmental restoration and waste management at the facility;
(B) request that the Department headquarters submit to
Congress a reprogramming package shifting among accounts funds
available for the facility in order to facilitate the most
efficient and timely environmental restoration and waste
management at the facility, and, in the event that the
Department headquarters does not act upon the request within 30
days of the date of the request, submit such request to the
appropriate committees of Congress for review;
(C) negotiate amendments to environmental agreements
applicable to the facility for the Department; and
(D) manage environmental management and programmatic
personnel of the Department at the facility.
(2) A site manager shall negotiate amendments under paragraph
(1)(C) with the concurrence of the Secretary.
(3) A site manager may not undertake or provide for any action
under paragraph (1) that would result in an expenditure of funds for
environmental restoration or waste management at the defense nuclear
facility concerned in excess of the amount authorized to be expended
for environmental restoration or waste management at the facility
without the approval of such action by the Secretary.
(c) Information on Progress.--The Secretary shall regularly inform
Congress of the progress made by site managers under this subtitle in
achieving expedited environmental restoration and waste management at
the defense nuclear facilities covered by this subtitle.
SEC. 3175. DEPARTMENT OF ENERGY ORDERS.
Effective 60 days after the appointment of a site manager for a
defense nuclear facility under section 3174(a), an order relating to
the execution of environmental restoration, waste management,
technology development, or other site operation activities at the
facility may be imposed at the facility if the Secretary makes a
finding that the order--
(1) is essential to the protection of human health or the
environment or to the conduct of critical administrative
functions; and
(2) will not interfere with bringing the facility into
compliance with environmental laws, including the terms of any
environmental agreement.
SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY FOR REMEDIATION OF DEFENSE
NUCLEAR WASTE.
(a) In General.--The site manager for a defense nuclear facility
under this subtitle shall promote the demonstration, verification,
certification, and implementation of innovative environmental
technologies for the remediation of defense nuclear waste at the
facility.
(b) Demonstration Program.--To carry out subsection (a), each site
manager shall establish a program at the defense nuclear facility
concerned for testing environmental technologies for the remediation of
defense nuclear waste at the facility. In establishing such a program,
the site manager may--
(1) establish a simplified, standardized, and timely
process for the testing and verification of environmental
technologies;
(2) solicit and accept applications to test environmental
technology suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) consult and cooperate with the heads of existing
programs at the facility for the certification and verification
of environmental technologies at the facility; and
(4) pay the costs of the demonstration of such
technologies.
(c) Follow-on Contracts.--(1) If the Secretary and a person
demonstrating a technology under the program enter into a contract for
remediation of nuclear waste at a defense nuclear facility covered by
this subtitle, or at any other Department facility, as a follow-on to
the demonstration of the technology, the Secretary shall ensure that
the contract provides for the Secretary to recoup from the contractor
the costs incurred by the Secretary pursuant to subsection (b)(4) for
the demonstration.
(2) No contract between the Department and a contractor for the
demonstration of technology under subsection (b) may provide for
reimbursement of the costs of the contractor on a cost plus fee basis.
(d) Safe Harbors.--In the case of an environmental technology
demonstrated, verified, certified, and implemented at a defense nuclear
facility under a program established under subsection (b), the site
manager of another defense nuclear facility may request the Secretary
to waive or limit contractual or Department regulatory requirements
that would otherwise apply in implementing the same environmental
technology at such other facility.
SEC. 3177. REPORTS TO CONGRESS.
Not later than 120 days after the date of the appointment of a site
manager under section 3174(a), the site manager shall submit to
Congress and the Secretary a report describing the expectations of the
site manager with respect to environmental restoration and waste
management at the defense nuclear facility concerned by reason of the
exercise of the authorities provided in this subtitle. The report shall
describe the manner in which the exercise of such authorities is
expected to improve environmental restoration and waste management at
the facility and identify saving that are expected to accrue to the
Department as a result of the exercise of such authorities.
SEC. 3178. TERMINATION.
The authorities provided for in this subtitle shall expire five
years after the date of the enactment of this Act.
SEC. 3179. DEFINITIONS.
In this subtitle:
(1) The term ``Department'' means the Department of Energy.
(2) The term ``defense nuclear facility'' has the meaning
given the term ``Department of Energy defense nuclear
facility'' in section 318 of the Atomic Energy Act of 1954 (42
U.S.C. 2286g).
(3) The term ``Hanford'' means the defense nuclear facility
located in southeastern Washington State known as the Hanford
Reservation, Washington.
(4) The term ``Secretary'' means the Secretary of Energy.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments.
SEC. 3181. SHORT TITLE AND REFERENCE.
(a) Short Title.--This subtitle may be cited as the ``Waste
Isolation Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 3182. DEFINITIONS.
Paragraphs (18) and (19) of section 2 are repealed.
SEC. 3183. TEST PHASE AND RETRIEVAL PLANS.
Section 5 and the item relating to such section in the table of
contents are repealed.
SEC. 3184. MANAGEMENT PLAN.
Section 4(b)(5)(B) is amended by striking ``or with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 3185. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection (c),
(3) by redesignating subsection (c) as subsection (a) and
in that subsection--
(A) by repealing subparagraph (A) of paragraph (2),
(B) by striking the subsection heading and the
matter immediately following the subsection heading and
inserting ``Study.--The following study shall be
conducted:'',
(C) by striking ``(2) Remote-handled waste.--'',
(D) by striking ``(B) Study.--'',
(E) by redesignating clauses (i), (ii), and (iii)
as paragraphs (1), (2), and (3), respectively, and
(F) by realigning the margins of such clauses to be
margins of paragraphs,
(4) in subsection (d), by striking ``, during the test
phase, a biennial'' and inserting ``a'' and by striking ``,
consisting of a documented analysis of'' and inserting ``as
necessary to demonstrate'', and
(5) by redesignating subsection (d) as subsection (b).
SEC. 3186. DISPOSAL OPERATIONS.
Section 7(b) is amended to read as follows:
``(b) Requirements for Commencement of Disposal Operations.--The
Secretary may commence emplacement of transuranic waste underground for
disposal at WIPP only upon completion of--
``(1) the Administrator's certification under section
8(d)(1) that the WIPP facility will comply with the final
disposal regulations;
``(2) the acquisition by the Secretary (whether by
purchase, condemnation, or otherwise) of Federal Oil and Gas
Leases No. NMNM 02953 and No. NMNM 02953C, unless the
Administrator determines, under section 4(b)(5), that such
acquisition is not required; and,
``(3) the expiration of the 30-day period beginning on the
date on which the Secretary notifies Congress that the
requirements of section 9(a)(1) have been met.''.
SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.
(a) Section 8(d)(1).--Section 8(d)(1) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Application for compliance.--Within 30 days
after the date of the enactment of the Waste Isolation
Pilot Plant Land Withdrawal Amendment Act, the
Secretary shall provide to Congress a schedule for the
incremental submission of chapters of the application
to the Administrator beginning no later than 30 days
after such date. The Administrator shall review the
submitted chapters and provide requests for additional
information from the Secretary as needed for
completeness within 45 days of the receipt of each
chapter. The Administrator shall notify Congress of
such requests. The schedule shall call for the
Secretary to submit all chapters to the Administrator
no later than October 31, 1996. The Administrator may
at any time request additional information from the
Secretary as needed to certify, pursuant to
subparagraph (B), whether the WIPP facility will comply
with the final disposal regulations.''; and
(2) in subparagraph (D), by striking ``after the
application is'' and inserting ``after the full application has
been''.
(b) Section 8(d) (2) and (3).--Section 8(d) is amended by striking
paragraphs (2) and (3), by striking ``(1) Compliance with disposal
regulations.--'', and by redesignating subparagraphs (A), (B), (C), and
(D) of paragraph (1) as paragraph (1), (2), (3), and (4), respectively.
(c) Section 8(g).--Section 8(g) is amended to read as follows:
``(g) Engineered and Natural Barriers, Etc.--The Secretary shall
use both engineered and natural barriers and any other measures
(including waste form modifications) to the extent necessary at WIPP to
comply with the final disposal regulations.''.
SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
(a) Section 9(a)(1).--Section 9(a)(1) is amended by adding after
and below subparagraph (H) the following: ``With respect to transuranic
mixed waste designated by the Secretary for disposal at WIPP, such
waste is exempt from treatment standards promulgated pursuant to
section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) and
shall not be subject to the land disposal prohibitions in section
3004(d), (e), (f), and (g) of the Solid Waste Disposal Act.''.
(b) Section 9(b).--Subsection (b) of section 9 is repealed.
(c) Section 9(c)(2).--Subsection (c)(2) of section 9 is repealed.
(d) Section 14.--Section 14 is amended--
(1) in subsection (a), by striking ``No provision'' and
inserting ``Except for the exemption from the land disposal
restrictions described in section 9(a)(1), no provision''; and
(2) in subsection (b)(2), by striking ``including all terms
and conditions of the No-Migration Determination'' and
inserting ``except that the transuranic mixed waste designated
by the Secretary for disposal at WIPP is exempt from the land
disposal restrictions described in section 9(a)(1)''.
SEC. 3189. RETRIEVABILITY.
(a) Section 10.--Section 10 is amended to read as follows:
``SEC. 10. TRANSURANIC WASTE.
``It is the intent of Congress that the Secretary will complete all
actions required under section 7(b) to commence emplacement of
transuranic waste underground for disposal at WIPP no later than
November 30, 1997.''.
(b) Conforming Amendment.--The item relating to section 10 in the
table of contents is amended to read as follows:
``Sec. 10. Transuranic waste.''.
SEC. 3190. DECOMMISSIONING OF WIPP
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years after
the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 3191. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
(a) Section 15(a) is amended by adding at the end the following:
``An appropriation to the State shall be in addition to any
appropriation for WIPP.''.
(b) $20,000,000 is authorized to be appropriated in fiscal year
1997 to the Secretary for payment to the State of New Mexico for road
improvements in connection with the WIPP.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1997,
$17,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligations Authorized.--During fiscal year 1997, the National
Defense Stockpile Manager may obligate up to $60,000,000 of the funds
in the National Defense Stockpile Transaction Fund established under
subsection (a) of section 9 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds
under subsection (b)(2) of such section.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--The President shall dispose of materials
contained in the National Defense Stockpile and specified in the table
in subsection (b) so as to result in receipts to the United States in
amounts equal to--
(1) $338,000,000 during the five-fiscal year period ending
on September 30, 2001; and
(2) $649,000,000 during the seven-fiscal year period ending
on September 30, 2003.
(b) Limitation on Disposal Quantity.--The total quantities of
materials authorized for disposal by the President under subsection (a)
may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Aluminum.................................. 62,881 short tons
Cobalt.................................... 30,000,000 pounds contained
Columbium Ferro........................... 930,911 pounds contained
Germanium Metal........................... 40,000 kilograms
Indium.................................... 35,000 troy ounces
Palladium................................. 15,000 troy ounces
Platinum.................................. 10,000 troy ounces
Rubber, Natural........................... 125,138 long tons
Tantalum, Carbide Powder.................. 6,000 pounds contained
Tantalum, Minerals........................ 750,000 pounds contained
Tantalum, Oxide........................... 40,000 pounds contained
------------------------------------------------------------------------
(c) Deposit of Receipts.--(1) Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) and
except as provided in paragraph (2), funds received as a result of the
disposal of materials under subsection (a) shall be deposited into the
general fund of the Treasury.
(2) Funds received as a result of such disposal in excess of the
amount of receipts specified in subsection (a)(2) shall be deposited in
the National Defense Stockpile Transaction Fund established by section
9(a) of that Act.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the materials specified in such subsection.
(e) Definition.--The term ``National Defense Stockpile'' means the
National Defense Stockpile provided for in section 4 of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98c).
SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE OF MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the President
shall dispose of materials contained in the National Defense Stockpile
and specified in the table in subsection (b) so as to result in
receipts to the United States in amounts equal to--
(1) $110,000,000 during the five-fiscal year period ending
September 30, 2001;
(2) $260,000,000 during the seven-fiscal year period ending
September 30, 2003; and
(3) $440,000,000 during the nine-fiscal year period ending
September 30, 2005.
(b) Limitation on Disposal Quantity.--The total quantities of
materials authorized for disposal by the President under subsection (a)
may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Chrome Metal, Electrolytic................ 8,471 short tons
Cobalt.................................... 9,902,774 pounds
Columbium Carbide......................... 21,372 pounds
Columbium Ferro........................... 249,395 pounds
Diamond, Bort............................. 91,542 carats
Diamond, Stone............................ 3,029,413 carats
Germanium................................. 28,207 kilograms
Indium.................................... 15,205 troy ounces
Palladium................................. 1,249,601 troy ounces
Platinum.................................. 442,641 troy ounces
Rubber.................................... 567 long tons
Tantalum, Carbide Powder.................. 22,688 pounds contained
Tantalum, Minerals........................ 1,748,947 pounds contained
Tantalum, Oxide........................... 123,691 pounds contained
Titanium Sponge........................... 36,830 short tons
Tungsten.................................. 76,358,235 pounds
Tungsten, Carbide......................... 2,032,942 pounds
Tungsten, Metal Powder.................... 1,181,921 pounds
Tungsten, Ferro........................... 2,024,143 pounds
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may not
dispose of materials under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--(1) Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h),
funds received as a result of the disposal of materials under
subsection (a) shall be deposited into the general fund of the Treasury
and used to offset the revenues lost as a result of the amendments made
by subsection (a) of section 4303 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
(2) This section shall be treated as qualifying offsetting
legislation for purposes of subsection (b) of such section 4303.
(e) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the materials specified in such subsection.
(f) Definition.--The term ``National Defense Stockpile'' means the
National Defense Stockpile provided for in section 4 of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98c).
(g) Additional Limitation.--Of the amounts listed in the table in
subsection (b), titanium sponge may be sold only to the extent
necessary to attain the level of receipts specified in subsection (a),
after taking into account the estimated receipts from the other
materials in such table.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary of
Energy $149,500,000 for fiscal year 1997 for the purpose of carrying
out activities under chapter 641 of title 10, United States Code,
relating to the naval petroleum reserves (as defined in section 7420(2)
of such title). Funds appropriated pursuant to such authorization shall
remain available until expended.
TITLE XXXV--PANAMA CANAL COMMISSION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1997''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to make such expenditures within the limits of
funds and borrowing authority available to it in accordance with law,
and to make such contracts and commitments, to be derived from the
Panama Canal Commission Revolving Fund, as may be necessary under the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation,
maintenance, improvement, and administration of the Panama Canal for
fiscal year 1997.
(b) Limitations.--For fiscal year 1997, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$73,000 for reception and representation expenses, of which--
(1) not more than $18,000 may be used for official
reception and representation expenses of the Supervisory Board
of the Commission;
(2) not more than $10,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $45,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any provision of law relating to purchase of
vehicles by agencies of the Federal Government, funds available to the
Panama Canal Commission shall be available for the purchase of, and for
transportation to the Republic of Panama of, passenger motor vehicles,
including large, heavy-duty vehicles.
SEC. 3504. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this title may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
TITLE XXXVI--MISCELLANEOUS PROVISION
SEC. 3601. SENSE OF THE SENATE REGARDING THE REOPENING OF PENNSYLVANIA
AVENUE.
(a) Findings.--The Senate makes the following findings:
(1) In 1791, President George Washington commissioned
Pierre Charles L'Enfant to draft a blueprint for America's new
capital city; they envisioned Pennsylvania Avenue as a bold,
ceremonial boulevard physically linking the U.S. Capitol
building and the White House, and symbolically the Legislative
and Executive branches of government.
(2) An integral element of the District of Columbia,
Pennsylvania Avenue stood for 195 years as a vital, working,
unbroken roadway, elevating it into a place of national
importance as ``America's Main Street''.
(3) 1600 Pennsylvania Avenue, the White House, has become
America's most recognized address and a primary destination of
visitors to the Nation's Capital; ``the People's House'' is
host to 5,000 tourists daily, and 15,000,000 annually.
(4) As home to the President, and given its prominent
location on Pennsylvania Avenue and its proximity to the
People, the White House has become a powerful symbol of
freedom, openness, and an individual's access to their
government.
(5) On May 20, 1995, citing possible security risks from
vehicles transporting terrorist bombs, President Clinton
ordered the Secret Service, in conjunction with the Department
of the Treasury, to close Pennsylvania Avenue to vehicular
traffic for two blocks in front of the White House.
(6) While the security of the President and visitors to the
White House is of grave concern and is not to be taken lightly,
the need to assure the President's safety must be balanced with
the expectation of freedom inherent in a democracy; the present
situation is tilted too heavily toward security at freedom's
expense.
(7) By impeding access and imposing undue hardships upon
tourists, residents of the District, commuters, and local
business owners and their customers, the closure of
Pennsylvania Avenue, undertaken without the counsel of the
government of the District of Columbia, has replaced the former
openness of the area surrounding the White House with
barricades, additional security checkpoints, and an atmosphere
of fear and distrust.
(8) In the year following the closure of Pennsylvania
Avenue, the taxpayers have borne a significant burden for
additional security measures along the Avenue near the White
House.
(b) Sense of the Senate.--It is the sense of the Senate that the
President should request the Department of the Treasury and the Secret
Service to work with the Government of the District of Columbia to
develop a plan for the permanent reopening to vehicular traffic of
Pennsylvania Avenue in front of the White House in order to restore the
Avenue to its original state and return it to the people: Provided,
That the Secretary of the Treasury and the Secret Service certify that
the plan protects the security of the people who live and work in the
White House.
Amend the title so as to read: ``An Act to authorize
appropriations for fiscal year 1997 for military activities of
the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces,
and for other purposes.''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3230
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